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A COLLECTION OF ORIGINAL PAPERS AND Material Tranſactions, Concerning the late Great AFFAIR OF THE UNION BETWEEN ENGLAND and SCOTLAND. ALSO An Exact JOURNAL OF THE PROCEEDINGS OF THE TREATY As well at LONDON as in EDINBURGH. Wherein the Privileges of the Presbyterian KIRK, and the Caſe of Toleration of Epiſcopal Diſſenters there, are very clearly ſtated.

In FIVE PARTS.

Faithfully Collected from the Records and Regiſters; by a Perſon Concern'd in the ſaid Treaty, and preſent in both Kingdoms at the Time of its Tranſacting.

LONDON: Printed for J. Knapton at the Crown in St. Paul's Church-Yard; N. Cliff, at the Bible and Three Crowns near Mercers Chapell; and J. Baker, at the Black-Boy in Pater-Noſter-Row. MDCCXII.

THE PREFACE.

[i]

IN writing a Hiſtory of the Union, it could not be reaſonably ex⯑pected, that I ſhould go any farther than the Finiſhing, Ratify⯑ing and Exchanging the Treaty in the Reſpective Parliaments of the two Nations to be United—and this I think I have Finiſhed in the following Sheets.

However, ſince the Work has lyen longer in the Preſs than I at firſt Expected; and ſome Remarkable things have in Conſequence of, and very much Depending upon the UNION happened ſince, I could not Satisfy my ſelf, without giving a ſhort Abridgement of the State of Things, between the Time of Finiſhing the Treaty, and the Publica⯑tion of this Work, which tho it be rather a Kind of Summary Reca⯑pitulation of things, than a Historical Narration, may yet be Equally Profitable to him that ſhall Enquire into the Affairs of the United Kingdoms at that Time.

The Union took Place, as has been Noted the 1ſt of May 1707, The Management of the Revenue, the Trials in the Exchequer and Admirality, were all Settled on a New Foot, Commiſſioners of the Cuſtoms, Exciſe and Equivalent, were appointed; Judges of the Court of Exchequer; a New Admirality, and their reſpective Offices were all fix'd; the Coin was Reformed, and entirely Reduc'd to the Engliſh Standard (the ſmall Copper Money only Excepted) Weights and Meaſures were Regulated in part, and the reſpective Alterations and Models, whether in Government, or Commerce, Enacted by the Union, began every where to be put in Practice.

The Britiſh Parliament had been Aſſembled at Weſtminſter, ac⯑cording to the Treaty, and had been Concluded with a General Satiſ⯑faction; And Her Majeſty began to ſee the Compleat End of Her Wiſhes, in the Union being actually Conſummated; The Northern Peers and Commons Sitting, and that too with a General Satisfaction and Applauſe in that Firſt Parliament of Great Britain.

In this Parliament, ſeveral Things were done for the better Improv⯑ing, and as it was Called then, Rendring more Effectual, the UNION, particularly that of Diſſolving the Privy Council, Re-establiſhing the [ii] Seſſions of the Peace by Juſtices, &c. Settling the Militia, and mak⯑ing Lord Lieutenants, Deputy Lieutenants, &c. in every County as in England; of all which particular Mention is made in the fol⯑lowing Sheets—, ſeveral Regulations alſo in Trade were made here, for the Eaſe of North Britain; particularly the Removing the Difficul⯑ties of bringing Foreign Imported Goods from Scotland to England, and the great Debate about the Wine, Brandy, &c. brought into Scot⯑land, in the Interval between the Finiſhing, and Effectual taking Place of the Union, was put to an End, entirely in the Favour of Scotland, every thing being Cleared at once, and all Interruptions of Commerce thereby Removed.

But in the Middle of all this Harmony, an Accident interveen'd, which if it had not been Mercifully prevented by the immediate Inter⯑poſition of a Divine Power, had at once Unravelled all this happily finiſhed Conſtitution, and that in a manner that the moſt Violent Op⯑poſer of the Union, could not in his warmeſt Thoughts have honeſtly wiſhed to have ſeen.

This was the French Invaſion; which Endangered not the Union only, but bid fair for Overturning the whole Frame of the preſent Eſtabliſhment in Church and State, tearing up the very Foundation of our Conſtitution, I mean the Revolution; and Restoring, not only Tyranny and Arbitrary Government, but even Popery it ſelf, that had ſo many Years ſince, and at ſuch Expence of Blood and Treaſure been Dethroned in Scotland.

I ſhall need to bring very few Arguments to prove this, to have been the immediate Conſequence of the Succeſs of this Expedition, after I have given a Summary Account of the Matter of Fact, which is briefly as follows.

About January 1707, frequent Advices from Holland and Flanders, gave the Government Notice, That the French were making great Preparations at Dunkirk, for ſome ſecret Expedition; upon far⯑ther Search into the Matter of Fact, it appeared that ſeveral Men of War were fitting out there with the utmost Expedition, and unuſual Quantities of Arms and Ammunition providing, with a large Train of Artillery; which were all to be Shipped forthwith on Board the Ships fitting up as above.

Theſe Advices were ſtill Seconded with others, till at last the French themſelves making it no longer a Secret, and ſome of the Men of War being ready, they Ordered the Stores, Arms and Ammunition to be actually Shipped on Board, drew their Troops down to the Shore, and Openly Declared that this Expedition was Deſigned for Scotland, to Re-inſtate the King of Great Britain, So they Stiled the Pretender, in the Poſſeſſion of his Lawful Dominions, as they Called them, and this they ſaid was done at the Earnest Request of his Subjects in that Kingdom.

It is true, and moſt People thought it reaſonable to judge, that it was not probable, the King of France would Embark in a Deſign of ſo Great Conſequence, had he not received Invitations from Scotland: Howe⯑ver, the Deſign not Succeeding, thoſe Correſpondences never came to [iii] be effectually diſcover'd; And therefore the Houſe of Lords in their Addreſs to Her Majeſty take Notice, That the King of France making an Attempt to invade Her Majeſties Dominions with ſuch a contemptible Force, was a ſufficient Evidence that he must have Encouragment from ſome Perſon in Scotland diſaffected to Her Majeſties Government.

However, The strictest Inquiſition after theſe Correſpondencies could never make any conſiderable Diſcovery, tho many Perſons were taken up, which ſeemed to be owing rather to the Miſcarriage of the Deſign, the French never coming on Shore with any Forces, and their Friends on Shore being too politick to ſhow themſelves till they ſaw their Troops on Shore, and in ſome Poſture and Condition to protect them;—There were ſeveral Gentlemen taken up upon general Suſpicions, which however it gave ſome Offence to the People, yet was thought neceſſary at that time, of which by and by.

About the End of February, theſe Preparations of the French were come to ſuch a Height, and the Deſign of invading Scotland ſo out of doubt, that the Government here thought it high Time to prepare for the Defence of Scotland: And to that Purpoſe, Her Majeſty wrote a Letter to the Privy Council in Scotland (which, tho determined to expire by an Act of Parliament, yet was in Being, and had Power to act, till the firſt Day of May following.) In this Letter, Her Majeſty gave them Notice that ſhe had received Information of an Intended Invaſion back'd with a French and Popiſh Power, deſign'd againſt Scotland in Favour of the Pretender;—And therefore recommended to them the Security of the Kingdom, the Preſervation of the publick Peace, and that they would uſe all poſſible Means to that Effect.

In the mean Time, Vigorous Preparations were made in England for preventing the Deſigns of the French, as well by equipping a Fleet to inter⯑cept them at Sea, and ſo prevent their Landing; as by providing Forces to give them a warm Reception, in caſe they ſhould land in Scotland.

I know there were Complaints made, and Endeavours uſed to expoſe the Conduct of the Government in their Preparations; ſuggeſting, That due Care was not taken to put Scotland in a Poſture of Defence in caſe the French had landed: and a certain Noble Perſon cauſed the Letters of the E. of Leven the General in Scotland, which were written in the midſt of that Hurry, and in which his Lordſhip wrote in preſſing Terms for Aſſiſtance, to be Printed;—But when theſe Things came to be Examin'd in Parliament, it appeared otherwiſe than thoſe Gentlemen repreſented, and the Parliament receiv'd full Satisfaction, that all the Diligence was uſed which the Nature of the Thing would admit,—But be that as it will, by the Event we found that Providence bleſſed the Meaſures taken, ſo as that they not only prevented the Execution of the Deſign at Edinburgh, but diſpirited the Party in ſuch a Manner, that they durst not make the Attempt any where elſe, which they might have done with too much Effect, and might but too well have made themſelves Amends for the Diſappointment, by ruining the Country, and keeping the Affairs of Britain in longer Suſpence.

I ſhall however, without meddling with theſe Diſputes which are dead with the Thing, ſhow by the meer Relation of Fact, That England was in no [iv] Condition to have made any Preparation that could have been effectual to prevent the Landing of the French;—And thus all they had done, as to Stores, Magazines, or Arms, as the Thing then ſtood, had been only leaving the greater Booty to the Enemy, and furniſhing them with Weapons to uſe against our ſelves,—Since the Number of Troops, or the Condi⯑tion of the Fortifications of Scotland were ſuch as could make no tolerable Reſiſtance, nor ſo much as protect the Magazines, if any had been E⯑rected.

But to return to the Preparations made in England:—Firſt, with Incredible Celerity, all the Men of War that could be found in any Con⯑dition were fitted out, mann'd, and victualled in Order to put to Sea, and wait for the Enemies Fleet;—And the Expedition in this Caſe was ſo ſurpriſing, That the French who had been inform'd that the Engliſh Navy was in no Condition to offer them any Diſturbance in their Deſign, and upon which Preſumption, they own'd afterward they made their Deſign publick; found to their Diſappointment ſixteen Engliſh Men of War cruiſing before Dunkirk, before they (the French) were in any Condition to put to Sea—This however did not put a Stop to their Deſign,—but they went on with their Equipment; And their Fleet being ready, they embark'd their Troops about the fifth of March, their whole Force conſiſting of Twenty eight Sail of Ships, whereof ſixteen were Men of War, and twelve were large Friggots or Privateers;—Their Land-Forces conſiſted of 15French Battalions, and about 300Volunteers, the most part Iriſh, being to ſerve as Officers for the raiſing New Regiments in Scotland;—Theſe Forces being on Board with the Pretender, and ſome few Scots Gentlemen, particularly, the two Sons of the Earl of Middletoun, with the Old Lord Griffin, &c. They came out of Dunkirk about the ſixth of March, commanded by the French Admiral Monſieur Fourbin.

In this Time the Diligence of our Admiralty was ſuch, tho England was at that Time very bare of Ships, that the Engliſh Squadron before Dunkirk was made up to 36 Sail, including ſome Dutch Men of War, that had alſo joined them; And as the French Fleet lay in Newport Pits, watching an Opportunity to ſail, ſo the Engliſh lay off of Graveline, ready to ſtart with them, and reſolv'd, if poſſible, to engage them in their Paſſage.

However, The French truſting to their Canvas; the Cleanneſs of their Bottoms, and their Nimble Sailing, reſolved to put to Sea; tho, as it were, in Ʋiew of a ſuperior Force: And accordingly, the Wind blowing freſh at North-weſt, they weighed and ſet Sail;—The various Courſe of the Fleets, and the Succeſs, as to the ſailing part, was the Sub⯑ject of much Diſcourſe: I ſhall therefore be the Exacter in it, ſince it was wondred very much, how the French who lay in View of the Eng⯑liſh Fleet could ſo get the Start of them, as to be at the Firth of Edin⯑burgh about two Days before them; By which, had they not overſhot their Port, they might have fairly put their Deſign in Execution, not⯑withſtanding all the Power of the Engliſh and Dutch Fleet at their Heels.

The Wind, as I noted before, blew at North-weſt, a freſh Gale, and the French weighing upon the Top of High Water, went away with the [v] Tide of Ebb to the North- ward, keeping the Dutch Coaſt on Board, which was then the Weather-Shore.

The Engliſh lying in Gravling-Pits, had the following Diſadvantages in the Purſuit; Firſt, That it was about Eight Hours after the French were ſailed, before they could get Notice of it, and be under Sail.

It was indeed wondred at by ſome, why the Engliſh Fleet knowing very well that the French were deſigned for Scotland, which was North: and that they lay in Newport Road, ſhould themſelves ly in Graveling, which was at leaſt 25 Miles to the South;—By which Means, when ever the French ſhould ſail, they would neceſſarily be-behind them a conſiderable Way.

But this is Anſwered by the Sailers, and which I ſhall not un⯑dertake to confute, viz. that it blew very hard, the Wind at North, and North-weſt: And there was no other Place where the Engliſh Fleet could ride with Safety:

I ſhall leave this Diſpute as I find it, and content my ſelf with only naming it, as I ſhall others that came after it.—

Be it as it will, the Matter of Fact was ſo;—The French Fleet being ſailed about Eight Hours before,—Advice was brought to Sir George Bing, who weigh'd with all Expedition, and followed with all the Sail he could make.

Sir George had alſo another Diſadvantage, viz. That the French ſailing with the first of the Ebb, he loſt a Tide of them—So that in their firſt Starting, the French had the Advantage of the Eng⯑liſh Fleet, as follows.—

With theſe Helps, and having first left out the lower Tire of their Guns to make them Light for ſailing, their Ships being clean, and new fitted, the French Ships alſo being really better Sailers, generally ſpeaking, than ours: with theſe Helps, I ſay, they got a very great Start of the Engliſh in their firſt ſetting out.

When they came to Sea, another Thing happened, which gave them ae yet farther Advantage of the Engliſh;—The French Fleet kept a large Offing, as they call it, keeping to Windward all the Way rather nearer the German Coaſt than the Britiſh.

The Engliſh Fleet bore away for their own Coast, and were ſeen off of Loeſtof and Yarmouth, and from the Shore of Norfolk.

The Reaſons for this different ſhaping their Courſe ſeem theſe;—The French were by all means poſſible to avoid the Engliſh Shore, leſt they ſhould be taken ſhort by the Wind, and might be Embay'd, and con⯑ſequently Overtaken, having a Superior Force behind them. Alſo it was not fit for them to be ſeen before they came to the Firth, that they might not give the Alarm to the Engliſh to be ready for them.

On the other Hand, the Engliſh made their own Coast, leſt the French ſhould fallin there with their Merchants, and ſweep the Coaſt of their Ships: Which had they done, they might indeed have made great Havock.

However it was, theſe Diſadvantages gave the French ſuch a Start of [vi] the Engliſh, that they were on the Coaſt of Scotland two Days before the Engliſh Fleet, and had not Heaven blinded their Pilots, ſo as to miſs their Port, they might have put their Deſign in Execution in Spight of all our Forces.

On Friday March the 12th, they made the Coast of Scotland, but found themſelves the Hight of Montroſs, about fifteen Leagues to the North of the Mouth of the Firth of Edinburgh,—Here they made Signals, and ſome Boats going off to them, they were Informed where they were,—then they ſtood away Southward, and ſpent all that Day before they got to the Mouth of the Firth.

Now they ſent one Ship, viz. the Saliſbury, up the Firth, whether it was to make any Signal to their Party, to give Notice of their Coming, Or to get any Intelligence, remains yet Undetermined;—they made the Firth juſt as the Tide was ſpent, and were therefore Obliged to ſpend ſix Hours more at Anchor, under the Iſle of Maii in the Mouth of the Firth, and here, on the fourteenth early in the Morning, they find themſelves Overtaken, their Scouts Diſcovering the Engliſh Fleet ſtanding in for the Mouth of the Firth.

Here then, they find their Enterpriſe at an End, their Moments are gone, in which they might have put their Errand in Execution,—and now they have no more to do, but to make the beſt of their Way to Sea.

Upon this, therefore they Weigh, and ſtand away for the North, with all the Sail they can make, and the Engliſh Fleet after them.

The Foremost of the Engliſh Ships came often within Gunſhot of them, but not ſo many as could stop their Fleet, or bring them to Engage,—but they maintained a Kind of a Runing Fight with thoſe of the Engliſh that Purſued, in which little Harm was done on either Side, ſave that in the Night, one of their Ships being the Saliſbury, formerly taken from the Engliſh, fell in among the Engliſh Fleet, and being Surrounded was Taken.

With this Booty, and the French Out-ſailing the Engliſh, Sir George Bing having Purſued them to the North-east Point of Scot⯑land, Called Buchan-neſs, ſeen them ſeveral Leagues to the North of that, and at last loſt Sight of them, he returned to the Firth of Edin⯑burgh; And keeping his Fleet in a Sailing Posture, with his Scouts continually Abroad to gain Intelligence of the Enemy, he continued in the Firth till the Begining of April; When the Government having Intelligence that the French were Returned into Dunkirk with their Fleet, Sir George Bing was alſo Ordered Southward with the Engliſh Fleet, and ſo the whole War on that Side ended.

I come now to ſpeak a little of the Preparations made by the Eng⯑liſh, by Land, in Order to Meet this New Eruption; ſuppoſing the French had Landed,—which indeed was not without Hazard.

In Order to this, ſuch Troops as were at Hand, were immediately Ordered to March Northward, particularly they ſent away two Troops of the Queens Horſe Guards, the Duke of Northumberland's Regi⯑ment of Horſe, with the three Regiments of Dragoons of Eſſex, Raby and Carpenter; beſides which, two Regiments of Dragoons, and one [vii] Regiment of Horſe were Ordered to March to the North of Ireland, to ly ready there, to be Embark'd on the first Orders.

Of Foot there were Thirteen Battalions then in England ſent for⯑wards, including the Queens Guards, and ſome new Raiſed not quite Compleat, and Ten Battalions from Holland.

It is to be Noted, That as ſoon as ever the Certainty of the Deſign⯑ed Invaſion came to the Knowledge of the States, they Ordered Tranſports immediately to Carry Ten Battalions of Britiſh Troops to England, to Aſſist the Queens Troops there; and when Sir George Bing Purſued the French Fleet, as above, he ſent Admiral Baker, with Twelve Men of War into Holland, to bring thoſe Troops away to New Caſtle upon Tyne, that ſo being Landed there, they might be ready to joyn the Land Army, and the Ships to joyn the Fleet.

The Forces being thus Appointed, Marched all Northward, but the Rendezvous was Appointed at York; For the Generals knowing the Troops in Scotland to be Weak, and not aſſured how the People there would behave themſelves in general, had Reſolved not to March any Troops into Scotland, till the whole Army was Aſſembled, that they might March in a Body—and to this Purpoſe the Earl of Leven, with theſe few Forces he had in Scotland, was Ordered, if he could not Prevent their Landing, to make his Retreat to Berwick.

The Forces when all together, would have Amounted by Computati⯑on as follows,

In EnglandHorſe, 
2 Troops of Guards and Horſe Grenadiers500
Northumberland's Horſe450
Dragoons three Regiments about900
 1850
Foot. 
13 Battalions in Englandabout 12000
10 Battalions from Holland
In IrelandHorſe and Dragoonsabout 1000
In Scotland2 Regiments of Dragoons, very thin,400
1 Troop of Horſe Guards and Grenadiers250
Foot. 
2 Battalions of Guards2000
1 Grant
1 Maitland
1 Strathnaver.

[viii] So that the whole Army when brought to a Body, was ſuppoſed to Amount together as follows,

Horſe and Dragoons,  
England1850 
Ireland1000 
Scotland650 
  3500.
Foot,  
England7000 
Holland5000 
Scotland2000 
  14000
 In all17500.

Beſide which, the Dutch had prepared a Second Convoy to ſend Over Twelve Battalions more, if there had been any Occaſion.

A Train of Artillery was preparing at the Tower of London, and was in a Good Forwardneſs, ſo as it might probably have been at the Rendezvous as ſoon as the Troops could have well been Drawn toge⯑ther.

I have been the more Particular in this, becauſe I am Drawing every thing to the Reader's View, that he may judge of ſome Con⯑jectures, I ſhall make concerning the Probabilities of the Succeſs of this Enterpriſe, and what might reaſonably be ſuppoſed to have been the Iſſue of it, ſince ſome People have been ſo Weak, as to ſay, It had been Better for us to have let them come on Shore, and that we ſhould immediately have Cruſht and Defeated them.

It remains now, to Enquire how the People of Scotland behaved themſelves in this Critical Juncture, and what Condition they were in there, to have Received the French.

As to the Condition of Scotland at that Time; it is to be Confeſt, the French had all the Encouragement imaginable, to make ſuch an Attempt from the Circumſtances of the Place, and the Temper of the People: As to the Circumstances of the Place, 'tis Evident that the Country was intirely Naked, and in a manner Defenceleſs.

[ix] It must be Confeſt, Never was Nation in ſuch a Condition to be Invaded; And there is no Doubt, but had the French Landed their Forces, and got their Stores of Arms and Ammunition on Shore, as they might eaſily have done, if they had not Overſhot their Port—They would with very little Oppoſition have been Maſters of the whole Country.

It may be thought by ſome remote to my Purpoſe to Demon⯑ſtrate this; But when I conſider, what Differing Notions the People in England have of the Attempt of the French, and of their Succeſs in it; I can not think it an Uſeleſs La⯑bour to give you a Brief Eſſay, at what the Event of that Enterprize might probably have been,—that ſo we may ſee what we have to be thankful for.

I am now to ſuppoſe the French Safe on Shore, their Magazine and Train of Artillery Landed, and the Earl of Leven the General for Her Majeſty, Retreating towards Berwick, as he must undoubt⯑edly have done,—and as his Orders directed him to do—, without which his Retreat being Cut off, he must have been Surrounded and Taken, or have been Cut in Pieces, having no Place of Strength to Retreat to.

Had they been thus on Shore, there is no Doubt, but in two Hours they had been Maſters of Edinburgh an open City, and without De⯑fence; the Caſtle indeed might have Held Out ſome Time, but the City could have made no Reſistance.—But that which was worſe, the Circumſtances of the Time was ſuch, and the People were ſo Di⯑vided, that the City must have ſent down to Leith to have ſought Protection from the French against their own Rabbles, and they muſt have Deſired the French to have Come and Taken them into their Protection, to have Preſerved them from Plunder and Confuſion.

I think whatever the Reaſons of this were, which I deſire to bury in Silence, the Fact will be readily granted; and indeed all Men owned at that Time, that if the French Landed their Forces, they muſt be Master of the City of Edinburgh without any Oppoſition.

It is true that I am now but upon Suggestion and meer Suppoſition, and I do not Affirm poſitively; But I leave it to any Man to judge of Probabilities, and whether what I Suggeſt is Rational or no;—When the French were thus Poſſeſt of Edinburgh, it is very reaſonable to Imagine that the firſt Thing they would have done, was to Proclaim their King: If the Magiſtrates of the City would not have Agreed to have Performed the Ceremony, the Tolbooth was near at Hand, and the Citizens being Aſſembled, could ſoon have Choſen New Magiſtrates, who would Chearfully have done it—.

Their King being Proclaimed, it ſeems Rational to Suppoſe, they ſhould next Summon the Inhabitants to take an Oath of Fidelity to him; Such as Refuſed would have their Eſtates Confiſcated, and perhaps be Impriſoned; and if they got Room to Flee, would have their Houſes Plundred.

[x] Being thus Maſters of the Capital, and the Queens Troops having Fled or Retreated towards Berwick, the Country expoſed to their Power; I think I make no Treſpaſs on good Manners or Juſtice, if I ſay, The Northern High-landers would have been ſoon Raiſed by the Influence of their Superiors, who are for the moſt part Jacobites,—Theſe being in Arms, the Low-Lands are at their Mercy, and they had ſoon Poſſeſt themſelves of the whole Country, the Militia being entirely without a Head, and without Order, Unlockt from the former Settlement; and Unfixt in a New.

Being thus Poſſeſt of the Low-Lands, they ſoon would have been Maſter of the whole Country; and indeed there was very Few that Durſt ſhow their Faces againſt them, the Forwardneſs of One Party, and the Diviſions and Diſorders of the Other making Way for it,—when they had thus Reduc'd the Low-Lands, they had no more to do, than to call a Convention of Eſtates, as at the Revolution; and finding theſe Faſt to their Intereſt; The firſt Laws ſhould be to Re⯑ſcind the Revolution, Declare the Limited Succeſſion a Viſible Re⯑bellion, and an Invaſion of the Right of another—, and thus a compleat National Turn ſhould have paſs'd upon us—, and the Revo⯑lution ſhould ſuffer a Re-revolution in a few Weeks, for theſe things would require but little Time: Neither is it Preſumption to Sup⯑poſe, they ſhould have gotten a Repreſentative returned, that would have come into ſuch Meaſures, ſince they having the Abſolute Poſſeſ⯑ſion of the Country, the Influencing them under ſuch Circumstances, to the Chooſing ſuch Perſons as they ſhould think fit to put upon them was eaſie enough,—Inſtances of which have been but too Common in this Iſland, under a leſs Tyrannical Power than a French Army.

While they were thus Settling their Civil Government—, Their Military Affairs could not have failed; the Inclination of the Common People about Edinburgh, and the Influence of the Chiefs and Heads of Clans in the High-Lands, would have ſoon furniſhed Men for New Revolutions,—The ſixteen Regiments which they brought with them, (ſo it ſeems they had determined) ſhould have had two hundred Men added to every Regiment, by way of filling up—five Regi⯑ments of Dragoons, and fourty Battalions of Foot was to have been Raiſed immediately—; The Command of theſe Troops was to be gi⯑ven to Iriſh Officers, and of ſuch, they brought great Numbers with them; ſave only that the Colonels and ſome Captains, were to be Cho⯑ſen of the Superiors or Chiefs where they were Raiſed, to Encourage the Raiſing them.

Thus in leſs than ſix Weeks, they ſhould have had 30000 Men added to the Troops they brought with them—; The Money they would have given the High-Land Gentlemen, would Effectual⯑ly have brought theſe Gentlemen to Forſake their Party, and Joyn with them, and then the Deſign would have gone on beyond Expectation.

We are next to Enquire what was to become of the Engliſh Prepa⯑ration all this while? You have heard what Strength they were of when come together; But it could not be poſſible that they could be all brought together, their Magazines furniſhed, For the French would have taken Care, they ſhould have Subſiſted ill enough in Scotland, Their [xi] Train of Artillery have been come up, and they in Condition to have Marched into Scotland in Battalia, as they muſt have done, under ſix Weeks or two Months—; the Difficulties of the Roads, the Country being at that Time very Deep, and the Carriages Heavy, would have made it very bad, Marching an Army—; and the Want of For⯑rage would have made it Impracticable to have done it ſooner.

All this Time the French and Jacobites in Scotland, would have had, to have Strengthned their New Settlement, form'd their Army, Fortified Leith, and other Places, and have prepared for War.

I ſhall readily Grant as any Body can deſire, That when the Eng⯑liſh Army came to be ready, and to enter Scotland, they ſhould Beat theſe New Invaders out of all; and that they ſhould in Time pay Dear for the Attempt; But it muſt be granted, this would have theſe Conſequences withal, 1. That it would have Ruin'd Scotland. 2. Brought the Seat of War home to our own Doors. 3. Cauſe a Di⯑verſion of our Forces, and be an Occaſion of withdrawing our Troops from Flanders, where the Enemy felt the greatest Weight of the War—. And 4. Have exceedingly protracted the War: Thoſe Gentlemen that were for having them Land, may Conſult theſe probable Conſe⯑quences, and they will ſee whether they have not very good Reaſon to be ſenſible of the Happineſs of the Diſappointment.

I can not but take Notice here, of the Temper of the People of Scotland at this Time; none will Doubt, but the Minds of Men were variouſly agitated as their ſeveral Tempers, Intereſt and Party guid⯑ed them—, Hope on one Side, and Fear on the other Diſcovered it ſelf in a manner which both Sides would fain have Concealed, nor was there wanting a Party who openly and avowedly, profest their Deſires to have the French Land, and their Reſolution to joyn with them, and this in ſo Open, ſo Rude, and ſo Threatning a Manner, as gave juſt Cauſe of Terror to the Honest Loyal Party on the other Hand, who ſaw themſelves inevitably Ruin'd, if the French Landed, by their own Rabbles—, The other Party having openly Threatned and Mark'd out the Houſes of ſuch Families as were most Eminent for their Zeal to the Eſtabliſh't Government.

It was Expected, and indeed Apprehended very much in England, that thoſe of the Preſbyterians, who had before Vigorouſly Appeared against the Union, and profeſt their Diſlike of it upon all Occaſions, would have Appeared against the Government, at this Juncture, and either have joyn'd with the Invaders, or have formed a Third Party, and ſo have made a Diviſion, which had in its Kind been equal⯑ly Fatal.

But in this alſo they were diſappointed, for the People who were most warm againſt the Union, nay even the Weſtern Men who do not own or join with the Church, yet all as one Man declared againſt joining with French Invaders, Papiſts, and a Returning Tyranny, which they eaſi⯑ly foreſaw muſt be the Conſequence of an Invaſion; And therefore lay⯑ing aſide all their Old Animoſities, private Grudges, and Cavils at the Union, &c. They unanimouſly declared their Reſolution to ſtand toge⯑ther, [xii] and with their Lives and Eſtates to defend the Government and their Country againſt all the Powers of France and the Pretender; And to this End, they began to form Aſſociations, the Burghers of Edinburgh listed Men, and ſubſcribed, for their Maintenance, ſome 10, ſome 20, ſome more, and in other Places they were apreparing to do the like;—the Weſtern Men ſent them Word they would come and join with them, if there was Occaſion; And in the mean time ſome of the People called Cameronians made their open Proteſtation againſt it.

This was a very great Encouragment to the Government at that Time, when the Vaunts of the other Party run high, and their Hopes were great; But GOD in his Providence prevented the evil Conſequences of this Affair, as you have heard: and the good People who had made great Ap⯑pearances of Unanimity, found themſelves delivered another and an eaſier Way.

It happened very well at this Time, That the Commiſſion of the General Aſſembly was juſt ſet down, and the Miniſters ſeeing the Storm coming, both on the Eccleſiaſtick, as well as Civil Liberties of the Nation, Religion and Property being viſibly struck at together in the Flood of Foreign Deſtruction, plainly Threatning to ſwallow up both—appointed a Solemn Faſt to be kept over the whole Coun⯑try.

I ſhall make no Comments on the Subject Matter of this Faſt, the Act of the Commiſſion does ſufficiently ſhow the Senſe of the Mini⯑ſters, and in what Manner the Invaſion was like to reliſh among them; and therefore I have Inſerted it in this Place, to Record the Temper that appear'd at that Time; and what Hope the Pretender, or his Party had Ground to raiſe upon the ſuppoſed Diviſions of the Preſbyterians about the Union.

An Abstract of the ſaid Act of the General Aſſembly is as follows,

At Edinburgh the Fifth of March One Thouſand Seven Hun⯑dred and Eight Years.

THe Commiſſion of the General Aſſembly, being ſenſible of the great Wickedneſs, and crying Sins of all Sorts, abounding a⯑mongſt us in this Church; and being in the juſt Judgment of GOD, Threatned with an Invaſion by an Enemy, that hath Im⯑ployed his Power for the Ruine of that Holy Religion which we Profeſs, and the Enſlaving of Europe; and who deſigns to ſet a Popiſh Pretender upon the Throne of theſe Nations, to the utter Overthrow of the True Reformed Religion, all our Intereſts Sacred and Civil, and all that GOD hath graciouſly wrought for us by the late happy Revolution, and hitherto Preſerved to us; and being Senſible of what we owe in Gratitude, to our only Rightful and Lawful SO⯑VEREIGN QUEEN ANNE, do look upon it as our Duty, with a Regard to the Honour of GOD, the Preſervation of our Religion, the Quiet of Her Majeſties Government, and the Good of our Coun⯑try, [xiii] to Humble our ſelves before the LORD; and to call all Per⯑ſons in this National Church, to Humiliation, Faſting and Prayer, to turn to GOD in CHRIST our only Propitiation, and to Cry Mightily to Him, that for the Blood of his Son, he would forgive our Grievous Sins, give us a Sound and Underſtanding Heart, re⯑move our Spiritual Plagues, and to Unite us to GOD, and to one another in him, that he would avert the deſerved Wrath from theſe ſinful Lands, in Diſappointing the Deſigns of our Bloody and Cruel Enemies, defeat the threatned Invaſion, maintain Peace and Truth amongſt us, bleſs the Goſpel with Succeſs, by the Effuſion of his Spirit, preſerve Her Majeſties Perſon, direct Her Councils, proſper Her Arms by Sea and Land, and bring theſe Wars to ſo happy an Iſſue, as may be for the Relief of our Oppreſſed Brethren abroad, and the Security of the Proteſtant Churches.

And the ſaid Commiſſion hereby Appoints the firſt Thurſday of April next, to be Religiouſly Obſerved in all the Congregations of this National Church, as a Day of Solemn Faſting, Humiliation and Prayer for the Cauſes above-mentioned; and Appoints the Miniſters of this Church to make Intimation of the Premiſſes, publickly from their Pulpits upon the LORD's Day, immediately preceeding the foreſaid Day of Humiliation, and to be more particular in ſpecifying the Sins of theſe Lands, as they ſhall ſee Cauſe.

This Faſt was Approv'd of by the Privy Council, and their Civil Sanction given thereto.

And the Queen in Her Letter to the General Aſſembly 1708, did ſhew Her Satisfaction with the Zeal and Affection the Miniſters of this Church had ſhown at that Juncture.

The greateſt Part of all the Preſbyteries of Scotland, and Synods, Addreſſed the Queen alſo on the Subject of the Invaſion; and the General Aſſembly declared their Sentiments thereof, 1ſt. In their Anſwer to the Queens Letter. 2ly. In their Addreſs to Her Maje⯑ſty. And 3ly. In their National Thankſgiving inſerted in their Printed Acts, pages 6, 8, 10, 12, 13.

Beſides all this, many Pariſhes drew up Addreſſes to the Privy Council, ſhewing their Reſolution to venture their Lives and For⯑tunes in Defence of Her Majeſties Perſon and Government; and Craving Leave to put themſelves in a Poſture of Defence; and in many Places the Preſbyterians did Subſcribe for conſiderable Sums, to be payed when called for, in order to buy Arms, and to maintain Men for the Ends foreſaid: Some Burgers in Edinburgh Subſcrib⯑ed to Maintain 50Men, ſome 40, ſome 30, ſome 20, and ſome who were Poorer Subſcribed for Fewer, and all this was done by the Advice, and with the Allowance of Perſons Intruſted in the Govern⯑ment by Her Majeſty.

But this is not all, the Seaſonableneſs of this Solemn Faſt was [xiv] ſuch, and ſo Serviceable to the Government, being brought out at the very Juncture of Time, when the Eyes both of Friends and Enemies were upon them, that it muſt be acknowledged, it ſhewed not only the Zeal of the Preſbyterian Miniſters for the Queen, the Government and their Establiſht Intereſt; but it ſhewed their Wiſdom and Pru⯑dence in ſo happily timing an Action of that Determining Conſe⯑quence, and taking the very Moment of its being moſt Effectual, as well to Convince the Enemy, that they had nothing to expect that Way, but the whole United Force of the Preſbyterians againſt them—To ſatisfy the Government and the Engliſh Nation, among whom Jealouſies of the Contrary had been Induſtriouſly ſpread—, that the Preſbyterains, one and all would Declare againſt the Invaders;—as alſo, to Settle and Determin ſuch among themſelves, if any ſuch were, who might be otherwiſe unfix'd in their Reſolutions, and doubtful what Courſe to take.

Nor was this all, but the Miniſters in Scotland, in their reſpective Pariſhes, upon the Occaſion of the ſaid Faſt, applyed themſelves to the Informing their People, what the real Views, and probable Con⯑ſequences of this Attempt were, what was Threatned to their Church, to their Eſtabliſht Religion, to their Liberties, to their Proteſtant Succeſſion, and to the Revolution; How, whatever the ſpecious Pre⯑tences of Preſerving the Eſtabliſht Church might be, Popery in Prin⯑ciple, and Tyranny in Practice were certainly Incompatible with the Proteſtant Eſtabliſhment of Scotland, which was Founded in Liberty, Depended upon Law, and could not Subſist, humanely ſpeaking, but upon the ſupported Baſis of Law and Liberty together; That the In⯑vaſion was a Viſible Appearance of French and Popiſh Tyranny, the ſame that for twenty eight Years, bad Influenced the Councils and Governments of Scotland, while they Trampled on the Church of Scotland, Silenc'd their preaching Miniſtry, Perſecuted and barba⯑rouſly Murthered their Innocent Brethren, and bid Defiance to the Laws of GOD, and the Liberties of Scotland; that theſe Days would inevitably return upon them, and that all the Miſeries they had for⯑merly felt, were Effectually contain'd in the Womb of an Invaſion.

By this Method the Miniſters opened-the Eyes of the whole Nation, and the People, Rous'd by this happy Vigour in their Clergy, began to Hir every where; Immediately a new Face appear'd upon the Publick Affairs, the General Dejection and Heſitation, which ſeemed before to make the People look Dark and Unreſolved, was quite Removed, and nothing was to be ſeen among the Preſbyterian Party of the People,—but Aſſociations, Addreſſes, Preparations for Fighting, fitting up their Arms, and a Chearful reſolved Temper of Fighting the French where-ever they were to be found.

Some of the Miniſters themſelves were ſo Vigorous in this, that they Cauſed their whole Pariſhes to Aſſociate and Bind themſelves, One to another, and all together to the Government, to ſtand as one Man against the Invaders.

The Service this did the Government, the Encouragement it gave [xv] in England, and the Diſcouragement it gave to the Jacobite Party at that Juncture, was ſuch, as the last eſpecially will not eaſily forget;—and I thought it very Uſeful to Tranſmit the Memory of it thus to Poſterity, that they may know how their Anceſtors Acted in this Great Affair; and how they ought to Act on the like Occaſions.

In this Poſture the Affairs of this Iſland ſtood, when the French baf⯑fled by the immediate Hand of GOD's Providence, in miſſing their Port, were purſued by the Engliſh Fleet, and made their Eſcape by the Goodneſs of their Sails to Dunkirk, where their Troops were put on Shore, and ſo the Expedition ended.

The ten Battalions which came from Holland to New-Caſtle were not at all landed, but went immediately back, and were in the Field again Time enough to ſhow themſelves in the Firſt of the Campaign—The Engliſh Troops march'd back without entring into Scotland; The Priſoners taken on Board the Salisbury were brought to Hull, and treated as Priſoners of War, in Order to be ſent over to Holland for Exchange.

The Lord Griffin, with the two Sons of the Earl of Middletoun, and 15Iriſh reform'd Officers were carry'd to London; The three firſt were committed to the Tower, and the Iriſh to Newgate, being to be Tryed, as Traitors, againſt the QUEEN, whoſe natural born Subjects they appeared to be.

The Lord Griffin having been formerly attainted and outlaw'd, it need⯑ed not that he ſhould be brought to any Tryal: but, being carryed up to the QUEEN's Bench Bar he received Sentence of Death on the Foot of the ſaid Outlawry, without any Tryal;—However, the Dauphin of France having wrot a particular Letter in his Behalf, to the Duke of Marlborcugh to intreat the QUEEN's Mercy to him, and that he (the Dauphin) made it his Request to the Queen, the Lord Griffin being his Servant;—The ſaid Lord Griffin was reprived from Time to Time, and is yet living in the Tower, at the publiſhing theſe Sheets.

The Iriſh Officers alſo, and the Lord Middletoun's Sons remain yet Priſoners.

On the other Hand, Great Heats and Diſputes happened about the Gentlemen who were taken up upon Suſpition.—

The Parliament, in the Heat of the Alarm, had paſſed a Bill ſuſpen⯑ding the Habeas Corpus Act for a Time, ſo far as ſhould concern the Perſons apprehended on this Account, and empowering the Queen to take up, and keep in Priſon, ſuch Perſons as there ſhould be Ground to ſuſpect, were guilty of Confederating with, or Encouraging the In⯑vaders.

Had the Gentlemen concerned, been apprehended in anyother Juncture, they would perhaps have had no other Trouble than to have lyen ſtill, and when the Thing had been over, have been releaſed again, as was done at that Time in Ireland.

But the Fury of our Diviſions on either Hand run ſo high, that this could not be: Some thought the Perſons taken up had more Hand in the Invaſion than appeared, and that they ought not too lightly to be let go, [xvi] left it might encourage both them and others to make the like Attempt a⯑gain.

And theſe were very warm for Proſecutions, and for propoſing Rewards to encourage Perſons to come in to charge the Priſoners:—And would have all Manner of Methods tryed to faſten ſomething upon them.

Others again Inveighed againſt the Miniſtry in Scotland, as having partial and Party-Regards in the picking out ſuch or ſuch Perſons to put in Priſon, on Pretence of this Suſpicion, as might gratifie the private Deſigns of particular Perſons, either as to Private Picks and Perſonal Revenge, or to prejudice their Interests in Elections, there being a new Parliament then to be choſen.

Theſe Contentions, however grounded on either Side, had certainly this Effect, that they gave a great deal of Trouble to the Priſoners, which otherwiſe might have been avoided; For the Miniſtry ſeeing ſuch pointing at probable Guilt on one Hand, and ſuch Complaints of Injustice on the other, found it neceſſary to make the Proceedings more formal, and to have all the Gentlemen up to London,—That they might either be proſecuted, or let out upon Bail: as the Council ſhould di⯑rect.

Ʋpon their coming up to London, they were all admitted to Bail, ex⯑cept Four who were committed to Priſon, and were after ſent to Scot⯑land to be Tryed; but theſe however were acquitted, the Lords of the Juſticiary and Her Majeſties Advocate differing upon ſome Forms; par⯑ticularly, the Lords refuſing to admit the Lord Advocate to produce more Witneſſes—after the first Day of Tryal.

It is not my Buſineſs to enter into this Diſpute, otherwiſe I could be more large on this Head:—But the Government was ſo ſen⯑ſible of the Inconveniencies of the old Method of proſecuting upon Trea⯑ſon, from this Nicety, that preſently upon this the Parliament reſol⯑ved to bring in a Bill to make the Laws for Tryals, in Caſes of Treaſon, the ſame in Scotland as in England.

From this Period is alſo to be dated the Diſtractions which followed in the Affair of Religion, and of which I think it is very material to ſpeak, becauſe they have made a great Noiſe in the World, and every one is not rightly appriſed of the Thing—particularly many have enter⯑tained Prejudices againſt the good People in Scotland, as if they had been acted by a Spirit of Paſſion and Perſecution, when indeed, upon a full and clear Examination of the Matter of Fact, the contrary will evident⯑ly appear; And therefore I could not ſatisfie my ſelf without do⯑ing this Piece of Juſtice to the Church and People of Scotland,—as to give an impartial Relation of the Fact, as it is atteſted out of the pub⯑lick Regiſters, by the proper Officers: and being myſelf an Eye and Ear-Witneſs to every part of the Proceeding.

About the End of February 1707/8, Her Majeſty by Her Letter to the Privy Council in Scotland, gave Notice of the intended In⯑vaſion, back'd with a French Power, deſign'd againſt Scotland; recom⯑mending to them the Security of the Kingdom, the Preſervation of the Publick Peace, and that they would uſe all poſſible Means to that Effect.

[xvii] The Privy Council taking this Affair into their Conſideration, it natu⯑rally occur'd; That to diſcourage the Enemies of the Government at Home, was among others, one of the beſt Steps to prevent the miſchiev⯑ous Conſequences of an Invaſion from Abroad; and in order to this, that it was reaſonable to ſuppreſs the publick Meetings of thoſe, who under pretence of Divine Worſhip, admitted ſuch Ministers to officiate, as the Law in that Caſe had prohibited, having not qualifyed themſelves by tak⯑ing the Oaths, praying for the QƲEEN, &c. by which the Publick Diſaffection was upheld and encourag'd.

It was then agreed to Nemine Contradicente, in the Privy-Council; and for the Truth of which we refer our Reader to the Minutes of the Council for Proof; That Orders ſhould be Iſſued out to all inferiour Magiſtrates, to put this Reſolve in Execution; and Orders were accord⯑ingly Iſſued out to the Magistrates of Edinburgh for that Purpoſe, who thereupon Legally called before them ſeveral Ministers or Preachers, who were known to keep Publick Meeting-Houſes within their Bounds—Asking them plainly in Terms of Law, If they prayed for Her Majeſty NOMINATIM, in their Publick Meeting-Houſes; and if they had qua⯑lifyed themſelves by taking the Oath of Allegiance, and ſubſcribing the ſame with the Aſſurance, as the Law requir'd?

Some of them anſwer'd directly, but others avoiding the Queſtion, re⯑quir'd a Legal Tryal, by way of Libel and Proof; which was accordingly Appointed, and whereof the preciſe Points were, their not taking the Oath of Allegiance, and ſubſcribing the ſame with the Aſſurance; their not praying for Her Hajeſty NOMINATIM, as the Law requires; and their not obſerving Publick Faſts and Thankſgivings; all which were Notour, and being Negatives proved themſelves.

To this Libel the foreſaid Preachers made Anſwers, and alſo took a Protest, That they were not legally cited, not being call'd either on fifteen Days as the old Law requires, or on ten Days, as the late Act of Parlia⯑ment againſt Intruders preſcribes.

To which it was Anſwered, That as to the fifteen Days, the known and perpetual Custom within Burgh had over-ruled it to twenty four Hours; and as to the ten Days, they were only appointed in the Tryal of Intruders. But the Preachers call'd, being conveen'd for notour Diſaffection by not Praying, and by not taking the Oath of Allegiance, nor keeping Faſts and Thankſgivings, the Citations were good, and the Procedure un⯑queſtionable; and yet the Magiſtrates thought fit to give them a farther Indulgence, and to allow them to give in all their Defences.

The Sum of which Defences, as contain'd in a Repreſentation exhibit by the ſaid Preachers, being first the foreſaid Dilators to this, they added, That by the Act of Parliament 1693, Requiring all Miniſters and Preachers to take the Oath of Allegiance, It is provided, that the Contraveener ſhall be Puniſh'd by Baniſhment, or otherways as the Privy-Council ſhould think fit, and therefore the Libel was improperly tabled before the Magiſtrates.

It was Anſwer'd, To the firſt Dilators, that the former Anſwers were repeated; And to the ſecond, That the Privy-Council having [xviii] refer'd the Execution to the Magiſtrates, there could be no more De⯑bate about their Competency on that Head.

But then they went on to Object againſt the Relevancy. And as to the Act of the Convenion, Ordaining all Miniſters to Pray for the KING and QUEEN Nominatim, They Anſwer'd, That that Act did die and expire with King WILLIAM and Queen MARY. And as to the Act 1693, Ordaining all Preachers to take the Oath of Allegiance, and Sign the ſame with the Aſſurance; They Anſwer'd, Firſt, That that Act did only concern Miniſters provided to Benefices and Stipends; and could not be extended to ſuch Preachers, as enjoy no Benefice under the Government; And Secondly, The Act Recog⯑nizing Her Majeſty Queen ANNE, enjoyns the Taking of the Oath of Allegiance, &c. to ſuch as are in publick Truſt, and Preachers not benefic'd cannot be ſaid to be in any publick Trust; And Thirdly, The Act of Parliament 1693, limited to the Perſons of King WILLI⯑AM and Queen MARY, is out of Doors with them.

To which it was Reply'd, That the Act of Convention, Ordaining all Miniſters and Preachers to Pray for the KING and QUEEN No⯑minatim, is certainly to be understood likeways, of all their Royal Suc⯑ceſſors, ſpecially ſince it is ſo plainly founded upon the Command of the Apoſtle, and the Duties of all Subjects. Secondly, The Act 1693, expreſly relates to all Preachers, whether Benefic'd or not, and withal defines all Preachers to be Perſons in publick Truſt; ſo that the Act recognizing Her Majesty did exactly fall within it, and affords no Relief to the Defenders. And Thirdly, The Act 1693, tho' it men⯑tion King WILLIAM and Queen MARY, yet is not limited to them, but being a perpetual Law, extends to all their Royal Succeſſors; Likeas by the ſaid Act recognizing Her Majeſty, it is de facto ſo ex⯑tended.

Which Defences and Replies being Read and Conſidered by the Magiſtrates, they repell'd the Dilators, as alſo all the other Defences proponed for the Defenders, and found, that ſince they had not Pray'd for Her Majesty Queen ANNE, Nominatim, and taken the Oath of Allegiance, &c. they had incur'd the Pains of Law, and therefore Ordain'd them, and every one of them, to deſist from keeping of any Meeting-Houſes within the City of Edinburgh, and Liberties thereof, and from Preaching or Exerciſing any Part of the Miniſterial Functi⯑on within the ſame in Time coming, under the Pain of Impriſonment, and to find Caution for that Effect betwixt and the 30th Day of March then inſtant, and in the mean Time that their Meeting-Houſes, be forthwith ſhut up. But tho' this Sentence was then paſt, yet nothing follow'd upon it, until that the Privy-Council of Scotland being de⯑termin'd by an Act of Parliament, after the 1st of May, theſe Diſ⯑affected People judging, that the Councils Orders were alſo ex⯑pir'd with the Council that gave them, did about the 20th of June fall again to their Preaching, and enter'd their Meeting-Houſes. And further they reſolv'd among themſelves, that they would continue to Preach and not Deſist; which mov'd the Magiſtrates to renew the former Prohibition about the ſaid 20th of June last, which they ſtill [xix] Neglecting and Deſpiſing, they were again call'd before the Magiſtrates about the 16th of July, and requir'd to find Caution or Bail to Deſiſt, as being the known legal Execution upon ſuch prohibitory Sentences, or otherways to go to Priſon. But they still refuſing to obey, the Magiſtrates thought fit on the 13th to ſend Five only to Priſon, which Five were alſo at length reliev'd; ſo indulgent were the Magiſtrates in this Matter.

This whole Trial, and all the Steps thereof, being tranſmitted to Her Majeſty, it pleaſed Her Majeſty by Her Royal Letters under Her Hand and Seal of the 18th of September laſt, to approve what was done by the Magiſtrates of Edinburgh in the ſaid Matter, as ac⯑ceptable Service; and further to judge it neceſſary for the Safety of Her Royal Perſon and Government, that all ſuch Meeting-Houſes in every other Place ſhould be ſhut up.

Thus far the Matter of Fact.

It is most true, that in this first Proſecution, there was no other or further Deſign, than the giving a Check to the Invaſion, and to the Inſolence of ſome of the non jurant Party, who at that Time began to be more formidable in Scotland than in England; and this is apparent in the Lenity and Forbearance of the Magiſtrates and Juſtices of the Peace in Scotland, who as ſoon as the Invaſion was over, and the Danger from abroad ſeem'd at an End, were very eaſy with them again, the Miniſters who had been Confined were ſilently let go, and their former Liberty conniv'd at again; ſo that their Meetings became as frequent as they were before, notwithstanding they still re⯑fuſed to take the Oaths, or Pray for the QUEEN.

But here it began to appear, that there were ſome among thoſe People, who had other Aims in theſe things, than meerly the Liberty of their Conſciences, and the Worſhiping GOD—; and that ſome⯑thing ought to be attempted to make the People Uneaſy, and to bring them by Force to Proſecute and Attack them.

And to this End, ſince refuſing the Oaths, ſince refuſing to Pray for the QUEEN, nay actually praying for the PRETENDER, would not provoke the Government, and Magiſtrates in Scotland to Perſecute—; They find out another Expedient, which they are aſſured will not fail, being what they know the Scots will not bear, what ever it Coſt them; and this was Erecting the Common Prayer or Engliſh Liturgy in Scotland.

The People that made this Attempt, behoved to get ſome Body to do it; that however Jacobite he might be in Principle, was yet La⯑titudinarian enough in Conſcience, that he could ſwallow all the Oaths which ſhould be offered to him—; Indeed ſome of the Jacobite Clergy were ſo honeſt, that as they would not take the Oaths, ſo they did not approve of this Attempt, but openly Diſavowed it—; Nor had the Epiſcopal People in Scotland ever ſet up the Engliſh Li⯑turgy, altho they had Reign'd in Scotland for twenty eight Years to⯑gether, before the Revolution.

But the Deſign being concerted, they found a Tool; a poor Curate of 15 lib. a Year in Ireland, but born in Scotland, comes over to [xx] Edinburgh to mend his Commons; and having taken the Oaths, he falls in with this Party, who finding him a Perſon of proſtituted Morals, a large Stock in the Face, and ready, if well paid, to do their Work, they promiſe him Fourſcore Pound a Year, and accordingly begin a Subſcription for it.

Some Engliſh Gentlemen had, it ſeems, promiſed him ſome En⯑couragement towards that Sum to be raiſed—, and this they make a Handle of preſently, and Reported that this was ſet up to Accom⯑modate the Engliſh Strangers who could not Conform to the Preſby⯑terian Church.

But the Engliſh Gentlemen ſeeing into the Deſign, and that they were to be made a Property to Embroil the Government, and foment a Diviſion between the Two lately United Nations; They ſoon aban⯑doned him and his Deſign—; However, he reſolved to put his Project in Execution, and accordingly takes a Houſe juſt at the Croſs in Edinburgh, fits it put for a Chapel, and begins to Read the Engliſh Service.

The People, as every Body knew they would, immediately took Fire at the thing—; But not doing him the Honour to Rabble him, which ſeem'd to be what his Party expected; they Complain to the Magi⯑ſtrates—; The Perſon that had let him the Houſe, finding what Uſe he was putting it to, began with him, and on Pretence of his having made ſome Spoil in pulling down Partitions, &c. not Autho⯑rized by his Contract—, Gets him Turn'd out of the Houſe, and ſo he betakes himſelf to a Place leſs publick, but ſtill goes on with his Service-Book Worſhip; However it gave leſs Offence here, the other ſeeming to be a Defyance of the Laws; It happened at this Time, or in a few Days after, that the Commiſſion of the General Aſſembly was to meet—, as ſoon as they ſat down, a Repreſentation or Addreſs is made to them by the Inhabitants of Edinburgh and other Places againſt this thing; The Paper mentions other Complaints indeed, but this was the Main Thing aim'd at—; The Addreſs is as follows.

Unto the very Reverend and Honourable, The Commiſſion of the late General Aſſembly of the Church of Scotland.
We the Neighbourhood of the Town of Edinburgh, and Suburbs Under-Subſcribers, Do moſt Humbly Repreſent,

THat notwithſtanding the many Good Laws and Acts of Parlia⯑ment, and particularly the Act 6 and 7 Par. 1707, made for the Settlement and Security of this National Church, and againſt all Incroachments upon her Rights and Privileges, or Innovations in her Doctrine, Worſhip, Diſcipline or Government; And of Her Majeſties repeated Aſſurances in Her Royal Proclamations, Letters to Her Privy Council, and the General Aſſemblies of this Church, to Maintain and Defend the ſame in its preſent Eſtabliſhment, againſt all ſuch unlawful Intruſions, Incroachments, and Innovations, particularly Her Maje⯑ſties [xxi] Proclamations againſt unlawful Intruders into Churches and Manſes in Scotland, Dated Sept. 20th 1708.

Yet to our very great Surpriſe, ſeveral of the Epiſcopal Clergy, Promp⯑ted and Inſtigate thereunto by the Jacobite Party, who are equally Diſaf⯑fected to the Civil as to the Eccleſiaſtical Conſtitution, have of late, not only Erected Meeting Houſes in this City after the Scots Epiſcopal Way, But alſo in ſeveral Places here, have ſet up the Engliſh Service, which as it is Contrair to our Eſtabliſhment, and very Grievous and Offenſive to us, and all others who are well Affected to Her Majeſty, and the Preſent Eſtabliſhment, ſo it will prove of Fatal and Dangerous Conſequence to the Church, if not ſpeedily Remeeded.

It would be Conſidered in the firſt Place, That ſeveral of ſuch as preach in theſe Meeting Houſes, are known not only to be Unſound in their Judgments; But alſo Scandalous and Immoral in their Lives and Practices: And however they may pretend to be Qualified according to Law; Yet if they were not Secret and Heart Enemies to Her Majeſty, and the preſent Government, they would never Yield themſelves Tools to a Jacobite Party, for carying on their wicked and pernicious Deſigns.

2ly. They cannot pretend it to be a Matter of Conſcience, in ſetting up of the Engliſh Service here, for Abſtracting from Preſbyterians, even the Body and Bulk of the Epiſcopal Perſwaſion in Scotland, have never been Fond of the Engliſh Way of Worſhip; But upon many Occaſions have Teſtified their Diſlike of the ſame, and none of them Scruple to Joyn in Communion with this Church, but ſuch as are either openly prophane, and will not Subject to Church Diſcipline, or avowed Jacobites. And therefore,

3ly. We conceive, that by theſe Illegal and Unwarrantable Incroach⯑ments, Intruſions and Innovations, they deſign no leſs than the Ruine of both Church and State; for as the ſetting up of the Engliſh Service here, did in former Times breed much Trouble and Confuſion in this Church and Nation, ſo at preſent it does Raiſe and Foment Jealouſies and Heart-burnings in the Minds of People, otherwiſe Zealouſly Affected to Her Majeſties Perſon and Government, and exceedingly Widens the Breach betwixt us, and the ſeparating Parties on both Hands; And the Inſtigators to, and Abbettors of theſe Practices are in big Hopes, and not without too good and evident Grounds, that this will prove an effectual Mean of Alienating the Hearts and Affections of many of our Queens beſt and moſt Loyal Subjects from Her Majeſties Perſon, and the preſent Eſta⯑bliſhment, and that by this Means they ſhall effectually Wound & Weaken the Church on both Sides, and alſo Ruine the Civil Government.

We muſt alſo humbly Repreſent, That albeit we have many Good and laudable Laws and Acts of Parliament againſt Popery and Papiſts, Their Trafficking and Preaching in Scotland, particularly againſt their Teaching of any Science, Art and Exerciſe within the ſame, and againſt all Irreligion and Blaſphemies, yet Papiſts do Openly and Avowedly Teach and Practiſe even within the City of Edinburgh, and Suburbs; And now alſo, a Prophane and Deluded Crew of Enthuſiaſts are ſet up in this Place, who under Pretence to the Spirit of Prophecy, do utter moſt horrid Blaſphemies against the Ever Glorious TRINITY, ſuch as ought not to be Suffered in any Chriſtian Church, or Nation, ſeing this ſtrikes at the very Root and Vitals of all Religion, and is ſet on Foot of Satan to Confound (if poſſible) all ſolid Thoughts of a DEITIE amongst us.

We have for Brevities ſake, Repreſented but Few of the Many In⯑conveniencies, that will certainly follow the Suffering of ſuch Practices; And do judge it our Duty, in all Humility to lay them before the Reve⯑rend Commiſſion, ſeing you are ſet by the Church of Scotland, upon [xxii] the Watch Tower to Advert, that the Intereſt of JESUS CHRIST, and the preſent Eſtabliſhment of this Church, do not Suffer or Suſtain any Prejudice which you can Prevent; Particularly to take ſpecial Care to Keep and Maintain Unity in the Church upon all Emergents; And to ſee the due Execution of the Acts of Aſſembly, which are very plain and Expreſs againſt ſuch Innovations in the Worſhip of GOD, Particularly the Act 15 General Aſſembly 1707. And therefore, humbly and ear⯑neſtly Beg and Entreat, That as you Tender the Glory of GOD, the Peace and Unity of this Church, and the Quiet and Safety of Her Ma⯑jeſties Government, you would uſe your Outmoſt Endeavours for Sup⯑preſſing and Cruſhing ſuch Intolerable and Pernicious Practices and Deſigns in the Bud.

And your Supplicants ſhall ever Pray, &c.

This Addreſs was Signed in leſs than three Hours, by between Two and Three Hundred People; the like Addreſs came from Hadding⯑toun, and the like were preparing almoſt all over the Kingdom—, but this having an immediate Anſwer in the Application of the Com⯑miſſion of the Aſſembly to the Remedy, the other Addreſſes were laid by.

For the Commiſſion of the Aſſembly immediately fell upon the Work, and past an Act, in which among other things, they Aſſerted the Legal Eſtabliſhment of their Church by the Revolution, by ſubſequent Laws, and thoſe Laws, receiving the General Sanction of the Union—, againſt all Manner of Innovation; in just Execution of which Laws, they referr'd it to the Reſpective Judicatories of the Church, ſuch as Kirk Seſſions, or Preſbyteries, to Proceed forthwith against ſuch Innovations, or Innovators as ſhould be found in their Reſpective Bounds.

In the Conſequence of this Act, the Kirk Seſſion of the North⯑eaſt Pariſh of Edinburgh, called commonly the College Kirk, preſented this New come Innovator to the Preſbytery of Edinburgh, who ac⯑cordingly Cited him before them.

I ſhall only give a Summary of their Proceedings againſt him, for it is not their Form of Proceeding, but the Nature of the Thing that ſeems to call for this prefatory Narration. It is to be Obſerved, that the Preſbytery did not Proceed againſt him upon the Subject of In⯑novation, or his having ſet up the Common-Prayer—at all, nor was it once Mentioned to him, or in the Sentence of the Preſbytery—; But they firſt Demanded Who he was, whence he Came, and what Authority he had to Execute the Office of a Miniſter, and not being able to produce any Legal Ordination, or Miniſterial Induction, except from the Exauctorate Depoſed Biſhops, to whom neither by the Church of Scotland's Conſtitution, or by the Epiſcopal Church of England's Conſtitution, any ſuch Power or Office remained—; they Proceeded to their Sentence againſt him, Declaring him Uncapable to Exerciſe any Part of the Miniſterial Function in their Bounds.

He Declined their Authority, Treated them with Contempt, Re⯑fuſed to Appear at their Subſequent Citation—, they took no far⯑ther Notice of him, but ſent a Copy of their Sentence to the Magiſtrates [xxiii] of Edinburgh, in order to the Civil Power putting it in Execution.

In Purſuance of this Sentence, the Magiſtrates ſend for him, and gi⯑ving him Intimation of the Sentence of the Presbytery, they give Notice that he do not preſume to Preach any more within the Bounds of the City, on Pain of Impriſonment, & gave him time to ſhow his Obedience to their Order: He carries himſelf with the ſame Haughtineſs to the Magiſtrates, tells them poſitively, That he would not obey them, and accordingly the next Sabbath he Preaches openly in the City; nor yet would the Magi⯑ſtrates have Committed him, had he not inſolently triumphed in his Contempt of their Authority, appeared openly at the Croſs, to let them ſee that Contempt, and by all the Methods poſſible to him, inſulted them in the Affair of their Sentence.

This brought the Magiſtrates to an abſolute Neceſſity to Commit him, in Vindication of their Authority, and that they might not give their own Conſent to be Trampled on by the whole Party; accordingly they ſent for him again, and ſtill offering him his Liberty, upon Obedience to their former Order, and the Sentence of the Presbytery which he in⯑ſultingly refuſed, they committed him to the Tolbooth of Edinburgh.

It were very little worth while, to fill this Preface with the Story of this Perſon, were it not the Occaſion of bringing upon the Stage Debates of ſeveral kinds, which it ſeems neceſſary to ſet in a clear Light to the World; in the Miſrepreſenting which, the Church as well as People of Scotland really receive much Wrong, to whom, I think, it is the Duty of an honeſt Man, as well as of a faithful Hiſtorian, to do Juſtice.

The Caſes are ſuch as theſe,

I ſhall ſay ſomething to all theſe, ſo far as Matter of Fact and a Hiſtorical Narration requires, and ſomething by Obſervation, as far as the Civil Rights of Scotland are concerned, and thus far I think they are proper to be ſpoken to by Way of Preface: As to the Theological part of the Diſpute, I ſhall have occaſion to handle it elſewhere, neither can it be reaſonable to expect it here.

In taking Notice of the firſt of theſe Queries, Whether the Scots in theſe Proſecutions are not Perſecutors for Conſcience?

It may be alledged, That all Proſecutions of Law, where the Offender pleads Conſcience againſt his Obedience, are Perſe⯑cutions for Conſcience—; And if this be brought by Way of Argument in this Caſe, then my Anſwer is very brief; The Scots, and with them all the Chriſtian Nations in the World; [xxiv] but eſpecially the Church of England, are Perſecutors, and with⯑out Question ought to be ſo.

But if you will reſtrict the Term Perſecution, to the generally received Senſe of it, viz. Diſturbing, Proſecuting, and Pur⯑ſuing the peaceable Exerciſe of Religious orſhip, perform'd meerly in Obedience to the Dictates and Commands of Con⯑ſcience—: Then I may ſafely challenge all the World in Behalf of the People of Scotland, to ſhew the leaſt Veſtige or Appearance of Perſecution among them.

I think, while I am in this Argument, Addreſſing my ſelf prin⯑cipally to the People of England, and among them to the Church of England—, I can do nothing better, than bring their own Practice to a Parallel with the Church of Scotland, as a strong and convincing Way of arguing, to them eſpecially, in the Caſe I am upon; And Firſt, I take the Authority of the Parliament of England againſt Perſe⯑cution, in the great Act for Settlement of the Toleration, where it is ſaid, Whereas it is reaſonable, that all juſt Tenderneſs ſhould be ſhown to Tender Conſciences, &c. Then in the Preamble of the late famous Occaſional Bill, are theſe words, ‘"Whereas Perſecution for Con⯑ſcience ſake, is contrary to the Principles of the Christian Religion, and the Doctrine of the Church of England.’Take theſe two, and compare them with the Act 1. WILLIAM and MARY Cap.—. By which all thoſe Eccleſiaſticks who would not take the Oaths, are Depoſed and Deprived ab Officio & Beneficio; and it will neceſſarily follow, at leaſt in my Opinion, that either the Church of England in Depoſing the Non Jurant Clergy in England, acts contrary to her own Doctrine and the Principles of the Chriſtian Religion, ut ſupra: OR, That Depoſing and Depriving the Non Jurant Biſhops, &c. Is not Per⯑ſecution for Conſcience.

I humbly refer this to the Determination of all that ſhall Read im⯑partially if it be not clear and fairly ſtated.

If then Depoſing and Depriving the Clergy of the Church of England in England, who refufe to take the Oaths to the Government, be not Perſecution; it remains for the other Party to prove, that the ſame thing in Scotland can be called Perſecution, and in England no Perſecution.

The Depoſing Epiſcopacy it ſelf in Scotland, ſeems to come in Que⯑stion here, and would require a long Diſcourſe—; But as I am ſpeaking chiefly to the Church of England in this Caſe, I am very wil⯑ling to make her a Judge—, and I preſume it will be arguing ad ho⯑minem, to ſay, tho' I do not lay the Streſs here neither.

That Depoſing Epiſcopacy in Scotland, and Depoſing Popery in Eng⯑land, stand in many Caſes upon the ſame Foot—, and the Church of Scotland has offered little or no Violence to the Epiſcopal Church in Scotland; But what the Church of England has offered to the Roman Catholicks in England—: Now tho' in General this would be no Argument, yet 'tis a Reaſon in this Caſe, why the Church of England, above all other, ought not to charge the Church of Scotland with Perſecution in that particular—. But to go further, the Church of Scotland did not immediately pull down Epiſcopacy—, [xxv] I mean, the Church abſtractly conſidered in her Eccleſiaſtical Circum⯑stances—; But it was done by the Government of Scotland, the Body of the People, I mean the Parliament before the Presbyterian Church was Establiſhed—. And it is evident by the Claim of Right, that Epiſco⯑pacy was turn'd out of Scotland, not as a thing Eſtabliſht, but as an Intrud⯑er upon the Eſtabliſhed Religion, which Scotland had from the very Re⯑formation Embrac't, which they had Sworn in their National Cove⯑nant to maintain, and which by Law it was their Right to restore; in ſhort Epiſcopacy was turn'd out as a Man who has had his Estate ta⯑ken from him by Oppreſſion, recovers his Right by Law, and then Diſ⯑poſſeſſes the wrongful Incroacher or Invader, and enters upon his own.

Ʋniverſal Hiſtory will allow, That the Scots Reform'd first into the Geneva Model, by the Agency of the famous John Knox and others, and that they had no Epiſcopacy in their firſt Eſtabliſhment at all; nor can all the Labour that has been ſpent to make the Superintendents, who were ſent into the ſeveral Parts of the Kingdom, to ſettle Eccleſiaſtick Affairs, look like Biſhops—, for this will for ever ſupercede that Suggeſtion, viz. That theſe Superintendents, tho' Veſted with Power over the Miniſters they went to Viſit—, yet received that Power from, and exerciſed it in Subordination to the General Aſſembly of the Presbyterian Church—, and were often called to an Account, Cenſured, and Removed by the Synods, nay and ſome ſay, even by pri⯑vate Presbyteries, See Calderwood's Hiſtory of the Church of Scotland Fol.

Epiſcopacy in Scotland being thus ſuppoſed an Invader and Spoiler, the Revolution did no more than take from them their uſurped Authority, cauſe them to Diſgorge what they had moſt unjustly devoured, and the In⯑vader having thus been turned out, the right Owners of the Houſe came again, and took Poſſeſſion of their own; And this can by no means be called Perſecution.

My ſecond Enquiry is upon a new Diſpute, and I think admits of no Difficulties in Matters of Law, whatever it may in Matters of Con⯑ſcience—viz. Whether the Depoſed Exauctorate Biſhops have Power left to Ordain Miniſters—? Indeed the Queſtion ſeems rather to ly here, Whether ſuch Preachers as ſhall be Licenſed or Ordain⯑ed by the Exauctorate Biſhops, ought to be eſteem'd as Miniſters, eſpe⯑cially in that Church which has ſo Depoſed them—? This being the preſent Debate, it rather reſpects the Civil than Eccleſiaſtick Part of the Queſtion.

It ſeems to me highly abſurd, that the Church of England ſhould receive as a Miniſter among them, a Man Ordain'd BY HIM WHOM they will not owne or receive as a Miniſter of their Church; for if the Biſhop after Deprivation ſhall Ordain Miniſters, how then is that Biſhop Deprived AB OFFICIO—? Nor indeed do I know that the Church of England has at all admitted this Abſurdity among them—; The thing is only ſtarted in Scotland to beget new Broils on that Head, and it ſeems ſtill more abſurd, that the Non Jurant Biſhops in Scotland ſhould have Power to Ordain a Miniſter of the Church of England.

But to ſupport this Abſurdity, a worſe is ſtarted among us, viz. That the Epiſcopal Church of Scotland is Incorporated into the Church of [xxvi] England by the UNION, and this is the Reaſon of my Third En⯑quiry.

This Enquiry, if it be directly Trac'd, will lead to a New Queſti⯑on, viz. What is to be Meant by the Church of England? I mean in this Queſtion onely—, and therefore I ſhall Anſwer it both Ways very briefly.

If by the Church of England we mean, The Church as now Esta⯑bliſh'd, or rather Recognized by the Revolution—, and now Re⯑ceiv'd and Acknowledged by the QUEEN and Parliament; Then indeed this pretended Incorporation, is an Abſurdity—, and there is no more any ſuch thing, than there is an Incorporation between GOD and Baal; for the Church of England ſo Underſtood has ſpued the other out as Illegal, has Rejected Her as Jacobite, and has Joyn'd in and Conſented to by the UNION, the Eſtabliſhment of the Preſ⯑byterian Church in her Stead, and upon her Ruines, as the True Pro⯑teſtant Religion, and Eſtabliſht National Church of Scotland, vide the Act of UNION, and from this Stipulation, ſhe (the Church of England) her ſelf, can not go back—; But if on the other Hand, by the Church of England, is to be underſtood the Dodwellian-Jaco⯑bite-Faction of the Church, who refuſe to own either the Religous or Civil Eſtabliſhment now Reigning in Britain, eſteeming the QUEEN an Uſurper, the Revolution a Rebellion, and the Church of England Schiſmatical—, if thus they Underſtand the Church of England, then they and the Epiſcopal Church of Scotland, may for ought I know, be Incorporated into each other, and may be esteemed One Body—; and they are welcome to be ſo accounted: But how this is done by the Union, remains for thoſe Gentlemen who pretend to it to make Out.

I think, I need not Deſcend to many Arguments in this Caſe, the Caſe is evident, the Epiſcopal Church in Scotland being entirely Ja⯑cobite at this Time, can not be ſaid to Incorporate with the Church of England, who Acknowledge Queen ANNE, becauſe they Reject Her as Schiſmatical and Apoſtate—, and that they can Reject Her, and be Incorporated into Her at the ſame Time, ſeems Impracticable and Abſurd.

It remains to Enquire, whether Epiſcopacy and the Engliſh Liturgy may not be Tolerated in Scotland—; and here I ſhall wave the various Arguments about the Neceſſity and Obligation which lyes on all Chriſtians to pay Reverence to Conſcience, and in Order to give all poſſible Liberty to Religious Opinions—; but I ſhall lay the Streſs of my preſent Arguing another way.

Firſt, Speaking of Scotland, we are to Distinguiſh between Tolerat⯑ing of Epiſcopacy, and Tolerating of Jacobitiſm—, and if this be Distinguiſht right here, we ſhall have little need of the Queſtion at all—; And in the Name of the Scots, I may very well ſay to the Church of England—, Gentlemen, when you pleaſe to Tolerate Jacobitiſm by Law in England, we will Conſider of Tolerating E⯑piſcpacy [xxvii] in Scotland—, and this way of Arguing ſeems very juſt, becauſe if you pleaſe to Abſtract Jacobitiſm from Epiſcopacy in Scot⯑land, you will leave no Epiſcopacy there, but what is already To⯑lerated by Law—, viz. by the Act the firſt Perliament WIL⯑LIAM and MARY, which Ordained that all thoſe Epiſcopal Miniſters who would take the Oaths ſhould Continue in their Churches—, and there they remain to this Day, a kind of Toleration much Superior to that in England, for theſe Enjoy the Preſbyterian Stipends and Manſes—, and in ſome of their Pariſhes the Eſtabliſht Church Mi⯑niſters Preach by them in Meeting Houſes to this Hour, as Mr. Ponton in Kinghorn, and others, if the Church of England will not call this Toleration, they will find it hard to tell us what is Toleration.

The Champions of this Toleration Project, finding this Argument turned too Hard upon them—, have ſet up a New One—, and which therefore I have added in the Queſtion, and this is about Tolerat⯑ing the Common-Prayer Book in Scotland—, and this brings a New Diſpute upon the Stage—, a Diſpute that ſeems to have more Policy than Religion in it, and I doubt not but it will ſoon be Detected.

That this is not a Caſe of Conſcience, but a Party Trick to Em⯑broil, will appear, if we Conſider two or three Things.

[xviii] Theſe are Sufficient to make it appear, that the Attempt of Erecting the Common Prayer-Book in Scotland, is not founded in the Conſci⯑ences of the People—, That it is a Politck Deſign to carry on a Par⯑ty Intereſt among us in England, and Embroil, if poſſible, the People of Scotland with the Government, is evident from the last Head, that they are at Pains to bring their own People to Eſpouſe it, which if it were not to Serve their Civil Intereſt, it will be hard to Suggeſt on what Foundation they make the Attempt.

But I come next to Enquire into the Civil Rights of Scotland as they stand, either Supported or Invaded by this Attempt—; if then the Church of Scotland has a Civil Right to the Eccleſiaſtick Immunity ſhe Enjoys, and that the Union had Confirmed theſe Rights, then nothing can be Impoſed upon her, againſt her preſent Settlement, without Breach of the Union: And this I preſume to ſay, No Hu⯑mane Authority now Eſtabliſht in Britain, can ſo much as Attempt without Diſſolving the very Conſtitution.

By the UNION then, and the ſeveral Acts of Parliament for the Security of the Preſbyterian Church, which are Confirmed by, and made Part of that Union—; The Purity and Uniformity of the Worſhip, Diſcipline and Government of the Church of Scotland is to be Preſerved to the People of Scotland WITHOUT ANT AL⯑TERATION, Mark theſe Words, I Repeat them again, WITHOUT ANT ALTERATION to all Succeeding Generations.

If any Man will ſay, That Tolerating the Common Prayer can Conſist with Preſerving the Uniformity of the Worſhip—, or the Tolerating Epiſcopacy can Conſist with the preſerving the Government of the Church, or either of them with Preſerving the Diſcipline; then I may be ready to Enquire further.

On the other Hand, if they are not, then they cannot be offered to the Church of Scotland; nor can even the Parliament of Britain Erect ſuch a Toleration without Invading the UNION, which I hum⯑bly conceive they have not Power to do.

Nor can the Church or People of Scotland legally give their Conſent to any ſuch Act of Toleration; becauſe this Purity and Uniformity is to be Preſerved to all Succeeding Generations; and the preſent Ge⯑neration has no more Power to give up what by the Union is thus En⯑tailed on their Poſterity, than the Parliament can give up what is Conceded to the ſaid Preſent Generation.

By this it ſeems, the Church of Scotland is ſo Establiſhed, that neither can her Enemies Impoſe Toleration upon her; neither can her Treacherous or Negligent Friends, too many of whom ſhe may have in Power, give up her Claim to her Eſtabliſhment; neither can ſhe her ſelf Abandon her Right to, or her Poſſeſſion of her Eſta⯑bliſhment, Excluſive of all manner of Innovations or Invaſious on the Purity and Uniformity of her Worſhip, Diſcipline or Government.

This I think is the preſent State of the Queſtion about Toleration in Scotland, what Gloſs the Artifice of Enemies, and the Craft of Parties may put upon the Attempts now making, of Invading the Pri⯑vileges of the Church of Scotland, I have nothing to do with in [xxix] this Treatiſe; I am ſure if the Repreſentatives of Scotland are Faith⯑ful and Vigilant, ſhe is in no Danger—; nor can Her Church Pri⯑vileges be Invaded by a Toleration, without Deſtroying the Civil as well as Eccleſiaſtick Conſtitution, upon which whole Britain is at this Time Establiſht by the UNION.

Two Things I find fall naturally in our Way as Objections (in England eſpecially,) when we argue againſt Tolerating the Engliſh Liturgy in Scotland; Firſt, That this is falling upon the Common Prayer Book, and Inſulting the Church of England—; And Secondly, That this will be Injurious to the Toleration which the Diſſenters Enjoy in England.

It is moſt certain in strict Juſtice, That tho' both theſe were true, it makes nothing to the Argument. The Queſtion is not of Civility to the Church of England, or of Prudentials to the Diſſenters in England, but of Right and Juſtice to the Church of Scotland—, We are here in a Right of Property Capitulated for by the UNION, Sti⯑pulated for, and Agreed to by the Church of England, that no Alte⯑ration ſhall be made; that the Purity and Uniformity ſhall be Pre⯑ſerved: Either it is Preſerved, or it is not—; If the Common Prayer be Impoſed on them; If Epiſcopacy be Tolerated, their Wor⯑ſhip and Government is Altered, or it is not—; if it be, then the Union is Invaded, or it is not; the Queſtions are ſhort, and need no Cavilling—, tho' ſpeaking of the Church of England, and of the Diſſenters in England, The Scots may be Civil to one, and Careful of the other; yet they must not give up their Eſtabliſht Rights on that Score, this were to Complement them at too great an Expence—: Would the Conſcientious Epiſcopal People in Scotland be Eaſy, no Body Molested them, they Enjoyed their Liberty Unmoleſted enough, and in a manner which the Diſſenters in England for many Years would have Rejoyc'd at—; but when nothing will Satisfy, but Encroach⯑ing upon Declared and Eſtabliſht Rights, the Church of Scotland is then bound to Aſſert her own Property, and neither the Church of England or the Diſſenters ought to take it ill from them.

But after all, the Church of England have no Reaſon to take it ill, that the Scots do not make Uſe of the Common Prayer, any more than the Scots have to take it ill, that the Church of England do not make Uſe of the Preſbyterian Diſcipline; They are two National Churches; Either of them have their reſpective Kingdom to which they belong, Conſtitution on which they are built, and Laws by which they are Establiſht; They are perfectly Independent one of another, and have no Superiority over, or Subjection to one another—, They are Confederated by the UNION, and the Butts and Bounds of their reſpective Influence, are Stated and Irreverſibly Determined, I ſay, they are but Confederated, for it is no more, the Kingdoms are In⯑corporated, but the Churches are but Confederated; but the Links of this Chain are ſo nicely Twisted together, that the Confederacy can not be Broken withouthout Deſtroying the Incorporation, and the One is the Bond of the Other—; It can then be no Affront to the Church of England, to have the Scots ſay, We will have nothing to [xxx] do with your Common Prayer—, Nor to the Church of Scotland, to have the Church of England ſay, We will have nothing to do with your Preſbyterian Diſcipline—: It was the Great Preliminary of the Treaty, That the Churches of either Kingdom, ſhould have nothing to do with One Another—; And therefore the Treaters on both Hands, were expreſly Forbid to Meddle with the Affair of the Church—, whoſe Eſtabliſhments, it was found abſolutely Neceſſary ſhould not in the least Interfere with One Another—, nor their reſpective Juriſdiction be Suffered to Incroach upon, or Invade One the Other. If any have Reaſon therefore, to take ill any thing from the Other, the Church of Scotland has the firſt Offence given her, by this Attempt of In⯑vading her Uniformity; Only this is to be ſaid for it, That it is the Act and Deed of a Party, not of the Church of England, Conſi⯑dered as a Church.

As to the Danger to the Diſſenters, with Reſpect to the Tolerati⯑on they now Enjoy in England—; The Fears of that ſeem to be altogether Groundleſs, to any Man that Rightly Underſtands, either the Nature of the Toleration in England, or the State of the Queſtion concerning Toleration in Scotland—, in which it is Mani⯑feſt, that the Difference is ſo Wide, that no Argument can be drawn from the One to the Other, either to Strengthen or Deſtroy.

The Scots Oppoſe a Toleration by a Claim of Right, ſtipulated be⯑tween the Two Nations, and it is evident—, when the Act for Se⯑curity of the Church of Scotland was paſt in Scotland—, this very Matter of Toleration was not a little Debated, and the Preſbyterian Oppoſers of the UNION in Scotland were not Backward to expreſs their Apprehenſions of a Toleration being Brought upon them by the UNION—, They were Anſwered by the Act of Security, which was ſuppoſed, believed, and intended to be Effectual againſt ſuch a Thing—, and had they not thought it Sufficient, but inſiſted in Words at length, That the Engliſh Liturgy ſhould not have been Tolerated, or at all Uſed in Scotland in Publick. I may Appeal to all the Gentle⯑men Concern'd, either in Scotland, or here in England, That it would not have been Denyed—; And the Author of this is Witneſs to Large Aſſurances given to this Purpoſe; but it was thought Modeſter to ſet it down in leſs pointed Terms—, no Man Doubting but that an Article to Preſerve the Uniformity of Worſhip in the Church of Scotland, WITHOUT ANY ALTERATION in all Succeeding Genera⯑tions, muſt be ſuppoſed to contain a Sufficient Security againſt the Engliſh Liturgy.

Now it would ſeem a very Groſs Suggeſtion, and Reproach the Church of England with ſtrange Injuſtice, to allege that they ſhould Diſcontinue their Toleration to Proteſtant Diſſenters in England, be⯑cauſe they themſelves, having Conſented to the Excluſion of Epiſco⯑pacy in Scotland, the Scots hold them to their Bargain.

Beſides the Toleration in England, would the Diſſenters ſee their own Right to it, has a Legal Claim, and a Capitulation alſo on which it is Founded, and can not without Manifeſt Injuſtice be Invaded by the Church of England, but to Invade it, becauſe the Scots will not Tolerate Epiſcopacy, which they (the Engliſh) Conſented ſhould [xxxi] not be Tolerated, would be a double Injuſtice, and is a Reproach to the Church of England, ſo much as to imagine.

I think this Argument needs no further Diſcourſe—; The Scots do inſist upon it, that by the UNION they ought not, and by tha Conſtitution of their Church they can not admit the Common-Prayer Book to be publickly uſed in Scotland—; and thoſe that offer it to them, know the People there will by no means bear it—, I am loath to ſay that's the chief Motive of the Attempt.

Several other Diſputes happned in Scotland after the UNION, which can not be brought into the Compaſs of a Preface, and muſt be refer'd to the fur⯑ther Hiſtories of thoſe Times—; As the Act for making the Trials in Caſes of High Treaſon, the ſame in both Countries—; Occa⯑ſioned, as is Noted before, by the Diſputes which happened at the Trials of the four Gentlemen brought from England on the Invaſion.

The Caſe of the Drawbacks on Fiſh Cured with Foreign Salt Im⯑ported between the making the UNION, and the firſt of May, which being a Debate that can never happen again, is not Material; only to Note, that tho' the Intent and Meaning of the Act of UNION, was not for them, nor indeed the Equity of the Caſe—; For they could not be ſup⯑poſed to Drawback what they never paid, yet the Letter of the UNION being for them, the Parliament Voted them their Money, which was a Teſtimony of the Regard the Britiſh Parliament always have, and muſt always have to the UNION; The Caſe in ſhort was this,

By the Eighth Article of the UNION, ſeveral Allowances are made, as Drawbacks upon Fiſh Cured in Scotland and Exported again—; The reaſon of this Allowance, was, becauſe the Salt with which they are Cured paying a great Duty—, that Duty ought to be drawn back upon Exportation—; Now between the Ratifying the Treaty and the firſt of May, when it was to take Place, a very great Quantity of Foreign Salt (French) was Imported, which by the paſſing all the Goods ſo Imported as before, paid none of the Engliſh Duties—. Now it was alledged, that as the Duty did not Commence upon the Salt, ſo the Drawback ought not to Commence, which was the Effect of that Duty—; But the Letter of the Act being expreſs Article the VIII. That all Fiſh Cured with Foreign Salt ſhall Drawback, &c. The Parliament Voted it, and Scotland got about Twenty Seven Thouſand Pound Sterling Drawback, where they paid little or nothing of Duty.

I do not remember any thing Material that happened in this Inter⯑val, more than what has been hinted at here—; The Parliament of BRITAIN went on to Eaſe the Scots in every Thing that came be⯑fore them, and except the Act above-mentioned about Treaſon, I know nothing that past againſt the Joynt Opinion of the Scots Mem⯑bers in Two Seſſions of Parliament, which have ſat before the writing theſe Sheets.

I have now, only a few things to take notice of here, relating to the Performance of the Work—, which I muſt make ſome Apology for, and which ſhall cloſe this Preface.

[xxxii] Firſt, That there are ſome Acts of Parliament, which in the Book, are refer'd to, as Printed in the Appendix, but are not there—; As the Act of Security of Scotland formerly paſt there—; The Act in England, Intituled, An Act for pre⯑venting Dangers ariſing from the ſaid Act of Security in Scot⯑land—; The ſeveral Acts of Parliament for Naming Com⯑miſſioners for the Treaties—; And the Act for Plantation of Kirks and Valuation of Teinds—. Theſe Acts being all Publick, and to be found in the ſeveral Volumes of Acts of Parliament of the reſpective Kingdoms, I have Omitted in the Appendix, an needleſs, tho' refer'd to in the Book—; The Appendix alſo ſwelling beyond my Expectation.

A Note alſo of the Difference of the ſeveral Duties on Goods Ex⯑ported and Imported before, and after the UNION, and of the Sta⯑tions of the Cuſtom-Houſe Cruizers mentioned Fol. 12. of the firſt Appendix, and refer'd to N. R. S. T. V. Xxx. of the ſecond Ap⯑pendix, are Omitted, the firſt, as needleſs, a Book of Rates of both being afterward Publiſhed in Scotland—: The ſecond as void by the Courſe of things, the ſaid Cruizers having never been built.

Fol. 5. of the firſt Appendix, the laſt Paragraph but one, mention is made of a Calculation of the Damages done to the Revenue, by the Importation of French Goods into Scotland, between the End of the Treaty and the firſt of May—; But I find my ſelf obliged to ac⯑knowledge ingenuouſly, that after many Eſſays to obtain ſuch a Compu⯑tation, I could never come to any Account ſo exact as I could depend upon, or venture to Publiſh.

The Irregularity of the Appendix, may deſerve ſome Excuſe, but the various Times in which the ſeveral Parts were wrote, even ſome before others were Acted, were the true Reaſon of the Irregular placing of the Pieces; And 'tis hoped the Reader will accept that for a Reaſon.

As to the Work it ſelf—, I ſhall ſay nothing, but leave it to the Charity of the World, which in this Age indeed runs very low. It has many Difficulties in its Way, many Factions and Parties to pleaſe—, and muſt be Cenſur'd by ſome; I have endeavoured to ſpeak Truth, and relate Fact Impartially in all that is Matter of Hiſtory; As to my own Obſervations, they are but my Opinions, and they muſt abide the Fierceſt Attacks of Parties, as the Paſſions and Intereſts of Men guide them—, and I am perfectly Ʋnconcerned at the Event.

D. F.

A GENERAL HISTORY OF UNIONS IN BRITAIN.

[1]

IN order to come to a clear Underſtanding in the whole Frame of this wonderful Tranſaction, THE UNION, 'tis ne⯑ceſſary to let the Reader into the very Original of it, and Enquire where the firſt Springs are to be found, from whence this mighty Tranſaction has been Form'd.

And tho' this will of courſe lead us back a great way into Hiſtory, yet it will carry this Advantage along with it, that we ſhall ſee all the ſeveral Steps which have been taken, how Providence has led the Nations, as it were, by the Hand, and brought them by the Hints of their mutual Diſaſters, to ſeek this Treaty, as the only Harbour the Ship of the State could ſafely come to an Anchor in.

Nor is it unworthy Obſervation, eſpecially to thoſe who love to remark the Connection of Providences in the Affairs of this World, and the various Turns the Iſland of Britain has had in the Compaſs of a few paſt Years; All which have had their direct Tendency to this great Event, tho' perfectly Unforeſeen, either by the Actors or the Lookers on in thoſe Ages.

The Animoſities between theſe two Nations, would require a great deal of Time and Art to Deſcribe, they are not ſo remarkable for their Antiquity and Original, as for their Nature and Circum⯑ſtances.

Never two Nations that had ſo much Affinity in Circumſtances, have had ſuch Inveteracy and Averſion to one another in their Blood.

They have been both the Inhabitants of the Richeſt, the Beauti⯑fulleſt, & moſt populous Iſland in the World. And by frequent mutual [2] Invaſions made upon them, by the ſame Foreign Nations, who have left their Race behind them, it is not at all an Excurſion to ſay, They are the ſame in Blood, of the ſame Off-ſpring, and became Inhabitants the ſame way.

If it be Objected, That the North and North-Weſt Parts of Scot⯑land, are Iriſh, and retain both the Sirnames, Manners, and Language of the Iriſh, or the Ancient Scoti, from whence the whole Kingdom had its Name; It is alſo Anſwered, ſo has England in Wales, Cornwal, & Weſtmorland the Ancient Britains, who retain their Sirnames, Manners and Languages, as diſtinctly as the Highlanders in the North, or the Iriſh in the Iſlands of Scotland.

But take the South Part of Scotland, on this fide the Tay, the In⯑habitants, tho' very Ancient, muſt be allowed to be the Remains of the Roman Colonies, afterwards of the Danes, ſome Saxons; and among all theſe, the Picts, who we ſuppoſe, to have been the An⯑cient Inhabitants.

'Tis true, England is much more mixt in Blood, and the Reaſon of this is plain, in that, being a Nation powerful in Wealth, Fruit⯑ful in Soil, and above all, increaſing in Commerce, more Nations have ſought to ſettle among them, numbers of People have flowed in upon them, from all Parts of the World, and blending their Blood with the moſt ancient Families, have deſtroyed all that can be called National, as to Antiquity among them, and they do not pretend to it.

Whereas in Scotland, under all the Mixtures they have ſuffered, their ancient Families ſeem to have been preſerved, and Foreign Nations have only ſeemed to increaſe their Number.

However this be, there is Nearneſs of Blood enough, I mean as to Originals, to have occaſioned ſome Propenſity to Coalition, and mutual Neighbourhood between the Nations; & one would have thought, ſome happy Accident might have fallen out, ſome Lucid Interval, ſome convenient Criſis of Circumſtances, or Juncture of Inclination, to have brought them together, made them faſt Friends, and ſo have joyn'd their victorious Arms, to the Terrour of their Neighbours.

But the Rancor has run in the Blood, the Hatred between the Nations, has lookt like a meer Original, a ſort of Antipathy, Here⯑detary from Generation, Born with the very Nations, and has long Threatned us with being too faſt rooted there, ever to be remov'd, but like a malignant rank Leproſie, by pulling up Foundations.

Nor will all the Hiſtory which I ſhall Trace in the purſuit of this Affair, Illuſtrate it more than the very Story of the Ʋnion it ſelf; The ſtrange Oppoſition made to the Treaty, and to the Parliament in Scotland, againſt all manner of Reaſoning, againſt Nature, againſt Intereſt, the Averſion to it among thoſe very People that are now made Happy by it, with what Convulſions this evil Spirit was caſt out, what Struggles it made at parting, how the poor Enſlaved People fought againſt their approaching Freedom, Inſulted the Pa⯑triots of their Liberty, and with inexpreſſible Uneaſineſs, received [3] the Bleſſing of Univerſal Peace. Theſe things, I ſay, will be laſting Teſtimonies to that Original Averſion that was planted in the Minds of the People, notwithſtanding the Nearneſs of their Cir⯑cumſtances in other Caſes.

I ſhall not go back to the Wars here, between the Scots and Picts, and the Britains, in the Time of the Romans, and how afterwards in the declining of their Empire, the Britains fatally to them, called in the Saxons to ſupport them againſt the Fury of the Scots; The Famous Picts Wall built in the Time of the Romans, the Remains whereof are viſible to this day, are ſad Tokens of the Ancient Quarrels, Wars, and Devaſtations that were carried on between the two Kingdoms, even beyond our Accounts of Time.

Nor does it appear to me, That there was in all thoſe Times, any Propenſity between the Nations to ſuch a thing as Peace, no not for many Ages after thoſe Times, but if either Side found it convenient to Treat, even thoſe Treaties were carried on with a kind of a profeſſed Reſolution of renew'd War on the firſt occaſion; and I think Hiſtory gives us no Account of any firm reſolv'd Peace ever made among them, but only ſhort Truces of Peace for a Term of Years, very often for One year, Two or Three, at the end of which, the War was ſuppoſed to break out again of courſe.

Nor were theſe Wars carried on like the Wars between other Nations, with Policy, Temper, and Points of Honour, but all that could be expected, when two Terrible and War-like Nations, pro⯑voked to all poſſible Extreams, ſhall meet, have been to be found here—; Theſe unhappy Wars have therefore been all Devaſta⯑tion and Blood, the Invaſions on either Side have always been Fire and Death, the Land laid waſte with Burnings and Plunder, and then the Armies Fighting with Fury and Deſperation, no Nations that ever Fought, ſince what we are told of in the old Eaſtern and Roman Empires, have killed ſo many in Fight; And if I ſhould enter into proportions of Land & People, I need not make Exceptions for them either, Sixty Thouſand, Thirty Thouſand, Twenty and Fifteen Thouſand ſlain of a Side, have been the frequent Numbers, of which Hiſtory gives Account in the Wars between theſe two miſerable Nations, and that not ſeldom, but very often, and ſome very lately.

I forbear to enter into a further Deſcription of the ancient Feuds of theſe Nations, as what is but a Melancholly Retroſpect, to any that have but common Compaſſion for their Countrey; this may ſerve to Illuſtrate the preſent Subject, and make the Peace we now enjoy, the more valuable to Poſterity.

The firſt Entrance I ſhall make on the Matter of Coalition ſeems to begin with Edward the firſt King of England, and this as it was on a wrong Foot, ſo its Continuance was accordingly—; That Victorious Monarch poſſeſt the whole Iſland of Britain, for he pierced Scotland to the Orcades, and Traverſed all the Mountains of Wales, ſubdued all the petty Princes of the Britains, and had projected to call himſelf King of Britain.

[4] But Providence had better Things in Store for this Iſland, his projected Empire, Founded on Conqueſt, Ended ere it began, all his Victories were Unravelled in his Effeminate Luxuriant Son, and he that had Torn the Crown from his Neighbours, had in his Poſterity his own Crown laid at the Foot of Juſtice, and taken from the Heads of a Thoughtleſs young Tyrant his Son, whoſe Life was made to pay for the Oppreſſions of his own Subjects.

It was in this Kings Reign, the firſt Project of Uniting the two Kingdoms was laid, and tho' it proved Abortive in its moſt Early Execution, yet it is very uſeful to the preſent purpoſe, and to the Readers Information, to give the World a Scheme of this deſigned Union, and to let thoſe Gentlemen who have Oppoſed it now as a Novelty, know, that it was the Opinion of both the Nations in all Ages, for this was in 1386, that a Union would be for the ge⯑neral Good of the whole—; See Engliſh Buchan. Fol. 245.

'Tis true, we find one of the Kings of Scotland, viz. Robert Bruce, who was really one of the Greateſt Kings Scotland ever had, among the Inſtructions left for the Conduct of his Succeſſor, leaving this ſtated Rule, viz. Never to make a perpetual Amity with the Engliſh, Buchan. Lib. 8. Fol. 86.

But the Reaſons given for it, will not at all be brought in pre⯑judice of a Union, or Incorporation of the two Nations, for as to long Receſſes which that Prince argued, to prove, that the Scots by Diſuſe would be rendred unfit for Arms, and ſo be the more eaſily worſted by the Engliſh, who by Foreign Wars were always kept Active and Vigorous, and by that means were likely to have Ad⯑vantages of them; that can be no Argument, the Nations now ha⯑ving no more occaſion for that Emulation.

Nor does it ſeem to me but the ſame principle of Care for his Na⯑tive Countrey, which led King Robert to be ſo Thoughtful for Time to come, Could he have ſeen what theſe Ages have been brought to know, would by the ſame Reaſoning, have led him vigorouſly to have purſued a Conjunction of the two Kingdoms, into one Incor⯑porated Body; If he had ſeen the leaſt Proſpect of ſuch an Attempt, being Feaſible: and I believe this not from the Nature of the Thing only, and its Correſpondence with his General Intereſt—; But from this Note, That in his Succeſſors Times—, when the firſt proper Seaſon ſeemed to offer, it was not Thought of on⯑ly, but purſued with all poſſible Diligence, as ſhall appear in its proper place.

But to go back to the State of the Wars in his Reign, and a little before.

Who ever will give himſelf leave to Read the Hiſtory of the Wars at that Time, will wonder how Scotland was able to Struggle with ſuch Terrible Loſſes, and may reckon up above 200000 Scotſ⯑men ſlain in Fight, only againſt King Edward the firſt, beſides all the other Havock, five ſeveral Invaſions of a Conquering Enemy, muſt be attended with.

[5] And yet with what Vigour they ſhook off the Yoke, how they were to his Death, I mean King Edward the firſt, preparing new Armies, and in the ſpace of but two years after it, ventured a Battle with his Son Edward the ſecond, at the Head of 100000 Engliſhmen at Bannockburn, and beat him out of the Field with the greateſt Slaughter that was ever made in Britain, ſince the Fight between William the Conqueror and King Harold, there being, as ſome Hiſtories ſay, 60000 Men ſlain on the Engliſh Side.

Thus ended the Union of Conqueſt between the Nations, Scot⯑land recovered her Liberty, and England paid very dear for the Experiment.

But this is not the Reaſon why I begin at this Period, but as the firſt Senſe of the Bleſſings of Union began to touch the People of this Age, it can not but be acknowledged the great, and in⯑deed the only Point of Time, to take the Riſe of this Voluminous Story from.

Alexander the Third King of Scotland, was one of the greateſt Inſtances of the Viciſſitudes and precarious Condition of a Royal State in the World, in the ſpace of about three Years, he had two Wives, and a flouriſhing Off-ſpring, was left firſt a Widower, then Childleſs, and at laſt Lifeleſs, and the Crown of Scotland in a man⯑ner Hopeleſs.

Henry the Second King of England Dying, King Alexander and his Queen takes a Journey to England, in Complement to King Edward the Firſt, and to be preſent at his Coronation; I ſhall avoid Diſ⯑puting here any thing of the ſo much controverted Article of Homage, let it be how it will, 'tis not to the preſent purpoſe, to me it ſeems not at all the Buſineſs of that Journey, if it had, there had been no need of the Queens going too, nor do I Read of any Thing but a Viſit of Complement, or a Journey of Curioſity, to ſee the Pomp and Grandeur of the Engliſh Court, which was then very great.

In this Journey, Fatal to the Family as well as to Scotland, the Queen Sickned, and ſoon after Dyed; She was followed in a few Months by both her Sons, David and Alexander, the latter being but juſt Married to the Daughter of Baldwin Earl of Flanders.

Nor was this all, Diſaſters ſeldom come alone, Margaret the Kings only Daughter Married to the King of Norway, Dyed the ſame year, leaving one Daughter only, Named alſo Margaret; Of whom preſently.

The King ſurprized with this general Shock of Mortality upon his Family, finding himſelf Childleſs, and Unmarried, but being in his Prime of Age and Strength, Reſolves upon Marriage to Reſtore his Family, and accordingly he Marries Joletta Daughter of the Earl of Dreux in Normandy.

But Heaven had yet further Judgments for Scotland, for before any Children were born of this Marriage, the King himſelf fell from his Horſe, and his Kingdom, both at once, for he Broke his [6] Neck in the Fall at or near Kinghorn, a little Town in Fife, on the North-ſide of the Firth over againſt Edinburgh.

The only Heir to the Crown, was now Margaret Daughter of Hangonanus King of Norway, by Margaret aforeſaid, the only Daugh⯑ter of Alexander the Third King of Scotland.

And here is the firſt Demonſtration of what I ſhall all along in⯑ſiſt on in this Hiſtory, viz. That never any rational Proſpect of Uniting theſe Kingdoms appeared in the World, but both the Na⯑tions unanimouſly agreed, that Union was for the mutual Advan⯑tage of both, and that it never was Oppoſed by either Nation, as a Nation, but only as Private Intereſt, Strength of Parties, Court Intrigues, and the Enemies of both the Nations have prevailed, to prevent their Happineſs.

Alexander Dyed in the year 1285, without Iſſue, Vid. Buchan. De Rerum Scoticarum Lib. 7. Fol. 71. Edward the Firſt King of England, a Powerful and Politick Prince, ſaw himſelf in a Con⯑dition to Manage Scotland by Force, as afterwards too ſadly ap⯑peared, but a better Proſpect at that Time being in View, he falls immediately upon a Scheme, which, if Providence had permitted it to have taken Effect, would have ſecured the Peace of theſe Kingdoms from that Time, and prevented the terrible Effuſion of Blood, which happened that very ſame Age, as well as for many Ages ſince between both Kingdoms.

And this Project was UNION, the King had one Son Edward, Heir to the Crown of England, who afterwards proved the moſt Unfortunate Prince that ever Reigned in England.

The Crown of Scotland had but one Heir, viz. Margaret of Nor⯑way, Grandchild to Alexander the Third, by Margaret his Daugh⯑ter Married to the King of Norway. It preſently Occurs to the King and his Council, That a Marriage between Edward his Son and this young Lady Margaret, then commonly called, The Maid of Nor⯑way, would neceſſarily Devolve both the Crowns upon his Poſteri⯑ty, and immediately Eſtabliſh the Peace of both Kingdoms.

Nor was the Relation very Remote, for Margaret was, as above ſaid, the Daughter of Margaret, only Daughter of King Alexander, by King Edwards own Siſter; and therefore the Diſpenſations from the Pope, were then thought neceſſary to be obtained, as will ap⯑pear preſently.

Upon the Death of King Alexander, ſays Buchanan in the 8th. Book of his Hiſtory, a Convention of the Eſtates was held at Scoon, to Treat about Creating a new King. Theſe are Buchanans Words; Alexandro cum tota ſtirpe (praeter unam ex filia Neptem) Extincto, Conventus Ordinum Sconam indicitur, in quo de novo Rege Creando & ſtatu Regni interim Componendo ageretur. Buch. Lib. 8. Fol. 72.

I confeſs, conſidering the Character and Authority of Buchanan, I much wonder how he could ſay, They Met about Creating a new King, when in the ſame Paragraph, he ſays, The whole Linage of Alexander, except one Grandchild by his Daughter, being Extinct—; Now if one Grandchild was in Being, the Convention of Eſtates could not be Met to Create a new King.

[7] Nor does it appear that their Buſineſs was to Create a new King, but to Settle the Government of the Kingdom in ſuch Hands, as might ſecure the publick Peace, during the Abſence of their young Queen, and till ſhe could Arrive from Norway—; And that this was their Buſineſs, is alſo evident from Buchanans own Relation, in the ſame Chapter Quoted above, where he ſays, That when moſt of the Nobility were come to the ſaid Convention, in the Firſt place, they appointed Vicegerents to Govern Matters, Eo cum Fre⯑quens Nobilitas Veniſſet, primum Omnium Sex Creant, qui ſummae Re⯑ram praeeſſent, Buch. Lib. 8. Fol. 72. for the preſent, That is, till their Queen ſhould Arrive.

To this Aſſembly Edward the Firſt King of England, ſends his Ambaſſadors to Treat with them, to deſire their Queen, ſays Bu⯑chanan, as a Wife to his Son.

The Hiſtorical part of this Affair, is not ſo ſignificant to the pre⯑ſent purpoſe, as the Subſtance and Inſention, the Opinion and No⯑tion the Nobility, Princes and People of both Nations had of the Thing they were then doing, in which it will appear,

And therefore Buchanan ſays of it, Hi, cum in Conventu publico Multa de Ʋtilitate publica, quae hoc Matrimonium eſſet ſecatura, Diſ⯑ſeruiſſent, Scotorum animos ab ea Affinitate non alienos Invenerunt. Erat enim Edwardus Vir Magni animi, Magnaeque Potentiae: Majoris etiam Cupidus: Ejuſque virtus, Patre Vivo, in Bello Sacro, & Mortuo, in ſubigenda Vallia, Enituerat. Neque Scotorum nomen unquam Anglo Conjunctius fuiſſe, Meminerant; quam ſub poſtremis Regibus, nec Odia vetusta, unquam Commodius aboleri poſſe videbantur, quam ſi uterque populus honeſtis & aequis Conditionibus, in unum Coiret. Buch. de Rer. Scot. Lib. 8. Fol. 72. Which his homely Tranſlator has Engliſhed thus;‘The Ambaſſadors in this Seſſion, Diſcourſed much of the publick Utility like to accrue to both Kingdoms by this Mar⯑riage, neither did they find the Scots Averſe therefrom, for Ed⯑ward was a Man of great Courage and Power, yet he deſired to increaſe it; and his Valour highly appeared in the Holy War, in his Fathers Lifetime, and after his Death in his ſubduing of Wales, neither were there ever more Endearments paſt between the Scots and the Engliſh than under the laſt Kings; yea the [8] ancient Hatred ſeemed no way more likely to be Aboliſhed, than if both Nations on juſt and equal Terms might be United into one.’

Here is the very ſubſtance of the Queens late Letter to the Par⯑liament of Scotland, about the Union now made; only here, the People unhappily ſeem'd Blind to their own Happineſs, and ſo long ago they were able to ſee it their mutual Intereſt.

The Ambaſſadors Diſcourſed with the Nobility in the Conven⯑tion, about the publick Utility like to accrue to both Kingdoms.

What is this but mutual Stipulations, Regulations, and in ſhort, a Treaty between them how to make a Union between the Nations, ſuch as might be for the publick Advantage of both King⯑doms.

And this was done with General Endearments between the Kingdoms, mutual Civilities paſſed between the Gentlemen con⯑cerned on both Sides, for the Good of both; we read of no Jea⯑louſies, no Prejudices, no radicated Antipathies, but the publick Good convinced both Sides, that nothing could Contribute more to the Rooting out and Aboliſhing the ancient Hatred, than to have both Nations on juſt and equal Terms be UNITED INTO ONE.

Nor is it remote to this purpoſe, to enter a little into the Ar⯑ticles of this Union, for tho' Hiſtory is very ſilent in this Matter, yet, as I have promiſed to ſearch every Thing in this Hiſtory to the Bottom, I find among the Records in the Tower of London, an Ancient Inſtrument or Form of this Union or Confederacy, which in the Appendix to this Work, you will have Printed at large, and is Numbred 1.

And Firſt, to let the World be ſatisfied, that even in ſo remote a Time, things of this nature were Tranſacted with the ſame due Caution and Regard to the Liberties and Good of the People, as they are now, and that it was a National not a private Act, not an Act of a few, Over-awed by the Power of King Edward, tho' ſeve⯑ral Steps taken in it, will be very neceſſary to be Noted, for I take this to be the moſt exact Pattern of the preſent Treaty, of any that has ever gone before it, as it was a Treaty ſeriouſly ſet about by both Nations, with a real Deſign for the general Utility, and with a Deſign on both Sides to bring it to paſs, which is more than can be ſaid of all the Treaties which have been ſet on Foot ſince.

The firſt Step the King took after his ſending Ambaſſadors to Treat with the Convention, ſeems to me to be the obtaining a Diſpenſation from the Pope; the Queen and the young Prince being nearly Allyed; and ſuch was the ſubjection of the Princes of the World to the Roman Tyranny, that nothing could go on of this Nature, without the Sanction of the Church, where, by the way may be obſerved;

That the Pope, as in all Ages Popes have done, made his Ad⯑vantage of the Occaſion, and takes this Opportunity, to Demand of the King an old Arrear of an annual Penſion of 1000 Merks, [9] Granted by King John to the Holy See, and which King Edward had leſt five years unpaid.

The King, who knew well enough the Influence ready Money had in ſuch Caſes, readily anſwers the Popes Demands, and Iſſued his Writ for payment of the Money.

The true Copy of the Original Warrant to the Treaſurer, is added in the Appendix to this Work, which being very ſhort, I thought not Improper to inſert there, as a Thing the Curious may be very well pleaſed to Read, and is marked No. (8.)

It is to be Noted the End of King Edward in payment of this Money, was plainly to get the Diſpenſation Expedited, for he never paid any more that I read of, nor his Succeſſors either, I mean, on account of that old Penſion or Grant of King John's.

His Holineſs was ſo exceedingly obliged by this payment of 5000 Merks, that he immediately diſpatched the Diſpenſation for the Marriage of Prince Edward, with the Heireſs of the Crown of Scot⯑land, tho' within the prohibited Degrees of Conſanguinity; which Diſpenſation is Enrolled in the patent Roll of 17. Ed. 1ſt. and may be found in the Appendix to this Work, No 2.

The next Step the King takes is, to ſend Ambaſſadors and Letters to the King of Norway, giving his Proxie to the Biſhop of Durham, one of the ſaid Ambaſſadors, to Eſpouſe the Lady in the Name of his Son Edward, wherein the Diſpenſation obtained from the Pope, is Repeated; This Letter and Proxie is added in the Appendix, No. 3.

At the ſame Time he ſends Letters to the Keepers or Guardians of the Realm of Scotland, and to the King of Norway in Anſwer to Letters received from them, containing all the Articles and Agree⯑ments on which it was that he propoſed this Marriage, which were Publiſhed by the King, for the Satisfaction of the Subjects of both Nations, in which you will find all poſſible Care taken of the Ge⯑neral Good, and ſincere Proteſtations, that the End of this Mar⯑riage, was, as is expreſſed in one of the Letters, Ad Honorem Dei & Tranquilitatem Totius Communitatis ejuſdem Regni.

Theſe Teſtimonials are too ſignificant not to deſerve a Place in this Hiſtory, and therefore are placed in their Order in the Col⯑lection, and Numbred 4, 5, 6, 7.

Nor was this all, but I find a large Charter or Grant made by the Agreement of ſpecial Commiſſioners on both Sides, and Rati⯑fied by the King himſelf, to the Kingdom of Scotland.

In ſhort, it is a meer Treaty of Union between the Kingdoms, tho' not much Collateral, but rather particularly to Scotland, this has the Great Seal affixed to it, and the King took an Oath to ob⯑ſerve it, under the Penalty of One Hundred Thouſand Pounds Sterling, an immenſe Sum in thoſe days, to be paid to the Church of Rome, towards carrying on the Wars in the Holy Land, and on the farther Penalty of Excommunication, and ſubjecting his whole Kingdom to an Interdict; Things very Terrible in thoſe Days.

[10] This Inſtrument alſo is at large found among the Records in the Tower of London, and is Re-printed in Prynnes Collection Fol. 395. 396, 397. and added in the Appendix or Collection to this Work, No 9.

Another Inſtrument is alſo Recorded in old French, wherein the Security to Scotland, for Surrendring her Forts and Strengths to the Engliſh on this Marriage, is Settled, and which you will find in the Collection alſo, No. 10.

Thus the Affair of an Union was finiſhed above Four Hundred and Twenty Years ago, and theſe Nations had Flouriſhed under its Conſequences no doubt—; But Heaven Frown'd on ſo great a Work, and the Sins of both Nations permitted not that Bleſſing to come in their Day; for the Lady Dyed in her Voyage from Norway to Scotland, having a Rough Paſſage, and being not able to bear the Fatigues of the Sea; And thus all this fair Fabrick came to nothing, was Daſh'd in a Moment, to the inexpreſſible Loſs and Regret of both the Nations.

Buchanan ſays, She Dyed in Norway before the Commiſſioners Arrived, but our Engliſh Hiſtorians, & Mr. Tyrrel in particular, whom in this I follow, Lib. 9. Vol. 3. Fol. 6. ſays poſitively, ſhe Dyed in Her Voyage between Norway and Scotland.

I cannot omit to Re-mind the Reader of theſe Sheets, what were the Diſmal Conſequences of this Diſappointment to both theſe Kingdoms, and as it was nothing but the immediate Hand of Pro⯑vidence that brought it to paſs, ſo it may, without any Charge of Enthuſiaſm, or Over-ſtraining the Caſe, be allowed, to be one of the ſevereſt Judgments that ever Heaven Inflicted on this Iſland.

And I inſiſt on this, not ſo much as it relates to the preſent Hiſtory, but as it may be needful for ſuch People to Reflect upon, who have, at the ſame Time that they pretended to be Lovers of their Coun⯑trey, yet vigorouſly Oppoſed the Uniting theſe Nations in this laſt Treaty.

The breaking of the happy Proſpect of Union between the two Kingdoms, was attended with ſtrange Confuſions, all which ſerve to Enhance the Value of their preſent United State, the hopes of a proſperous Peace were not greater on one Hand, than the proſpect of Diſmal Confuſions was Horrid on the other; And tho' it be a Digreſſion, I ſhall venture the Treſpaſs to give a ſhort Abridgement of the Hiſtory of thoſe Times, as in the Courſe of theſe Sheets it ſhall be needful to Form a due Connexion, and I promiſe my ſelf, the Diverſion will be as pleaſant as profitable, and that no body will think it loſt Labour to Read over, what in thoſe Ages was Tranſacted on the Stage of their Native Countrey.

With the Death of this Princeſs, all the Thoughts of Union be⯑tween the Kingdoms Dyed alſo, each Party began to Examine their ſeparate Intereſts, not Conſulting what was fit to be done for the carrying on their National and General Advantages.

The Buſineſs of Scotland was, how to Settle the Crown, and who to Declare King, the Conſervators or Keepers of the Kingdom, ap⯑pointed [11] by the Convention of the Eſtates Aſſembled at Scoon, were according to Buchanan, Duncan Macduff Earl of Fife, John Cumin Earl of Buchan, William Frazer Arch-biſhop of St. Andrews, Robert Biſhop of Glaſgow, another John Cumin, and one John Steuart.

The principal Pretenders to the Crown, were, John Baliol and Robert Bruce, their Deſcent, and the Foundation of their Claim, is at large to be found in Buchanans Hiſtory Lib. 8. their Titles were remote, and not only pretty equally founded, but their Intereſt among the Nobility was ſo equal, and either way ſo powerful, that nothing but an immediate and Bloody War was apprehended, as the Conſequence of their Pretenſions.

The King of England diſappointed in his Hopes of bringing the Kingdoms to a laſting Peace, by Uniting them into one, as before, applyed himſelf no more to Conſult their General Good.

But conſidering them in their ſeparate Capacity, as two Nations that could not long Agree, made it his whole Study, either firſt to ſubject Scotland to England, ſo as that making her Dependent on England, ſhe ſhould not be able to Break with him; or ſo to di⯑vide the Scots among themſelves, as that they ſhould be in no Con⯑dition to Hurt him.

Both his Ends ſeemed eaſie to Anſwer in the Occaſion that now offered it ſelf; for the Scots Nobility being, as I have Noted, ſo equally divided in the Intereſts of Baliol and Bruce, that they knew not what Courſe to take, they reſolved, in order to avoid the Confuſions of a War, and conſequently the Ruin of their Countrey, to refer it to the Arbitriment of the King of England.

This was a full Teſtimony of the Harmony and good Under⯑ſtanding which was then between the Nations, and what a happy Juncture it had been for a Union, if Heaven had thought fit to bleſs the Deſign with Succeſs, any body may obſerve; for the King of England was looked upon as ſuch a Diſintereſted Friend to Scot⯑land, and one that would willingly concern himſelf for their Good, that they leave the Determination of the weightieſt Thing in the World, to their Nation, wholly to his Sentence.

But I can not ſay the King Acted with equal Candor to the Scots, if what the Hiſtories of thoſe Times ſay, may be depended upon; For being a politick Prince, and having a long View of the Effects of Things before him, he reſolved to keep his Eye upon the two Particulars Noted above, in his Determining this Affair, and rather to regard his own Intereſt than the Good of Scotland, or than the Juſtice of the Claim; he reſolved to Sound the Inclinations of the two Canditates for the Crown, and ſo to give the Kingdom to him, that would conform himſelf moſt to his Meaſures.

Upon this he Treats firſt with the Nobility, and appoints a Meet⯑ing at Berwick, then he Exacts an Oath of the Competitors, to ſtand intirely to and be Determined by his Award; Then he orders a Select Number out of the Nobility of each Nation, as a Council in this Caſe, Twelve of a Side, Mr. Tyrrel ſays, Fourty of a Side, and [12] Exacts an Oath of them, to Adviſe, Judge, and Determine Rightly and Truly according to their Conſciences.

Theſe were the Politick Appearances of his Management, the better to cover his true Deſign; for all this while he cauſes the two Competitors to be Sounded Under-hand, to find out which was moſt likely to Comply with his Demands.

At laſt, the publick Debates beginning to draw near a Period, it was eaſie to ſee, That Baliols Title was like to be Approved by the Twenty Four, as the beſt Claim, and that Bruce would loſe it, this the King thought, was the Juncture to put it home in, and there⯑fore cauſes it to be propoſed to Bruce, That tho' it was plain he would loſe the Crown, yet if he would ſubject himſelf and the Crown, to the Authority of the King of England, he ſhould be im⯑mediately Declared.

All Men muſt Allow it was Politickly Managed, but all the Craft of Hell is loſt upon an honeſt Man, Bruce like a Man of Honour, Re⯑jects the Propoſal with Contempt, and told them that propoſed it, That he ſcorned to enjoy the Crown at the Price of his Countries Bondage.

Baliol, whoſe Principle was worſe, tho' his Title was better, Ac⯑cepts the baſe Conditions, and obtains the Crown, Swears Fealty to the King of Kngland, and makes all the Nobility that were in his Intereſt, do the ſame.

All our Hiſtorians do not agree in this Account, and Mr. Tyrrel, who is very particular in relating the Proceedings, Vol. 3. Lib. 9. Fol. 70, 71, 72. takes no Notice of this, but others, and parti⯑cularly Buchanan being very poſitive, Lib. 8. Fol. 24. I put it down as Fact, giving my Authors Authority for it, and leave the Reader to believe as much as he thinks fit of the Fact, the Subject I am upon, not depending upon it at all.

But he that baſely yields to a Diſhoneſt Yoke, in order to Gratifie his Ambition, is much more likely to break the Conditions he makes, than he that adheres to Honourable Articles, and inſiſts on what Juſtice gives him a Claim to, and thus it was here, for on the firſt Affront offered to Baliol by the Engliſh, in conſequence of his Subjection, he threw off the Yoke, and Renounced that Subjection; The Caſe in ſhort was as follows.

Macduff Earl of Fife being Injured, as he conceives, in a Suit Depending between him and the Abernethians, for the Murder of his elder Brother, The King having Determined in Favour of the Murde⯑rers, Appeals to the King of England againſt Baliol—; When the Cauſe came to be heard, John Baliol was then at the Engliſh Court, and being preſent when he was Called to Anſwer, offers to Plead by a Proxy, or as we ſay, to be heard by his Council, but was refuſed, and obliged to come down, and ſtand at the Bar like a Criminal, and plead for himſelf.

This broke off all his Subjection, fills him with Indignation; and from this Time, he Studies nothing but Revenge; an Opportunity ſoon offered to his Mind, for a War breaking out between the Engliſh [13] and the French, and both Soliciting Scotland for Aid, the Eſtates of Scotland Determine, Tho' in an ill Hour for Scotland, to Aſſiſt the French.

Thus all the good Temper of both Nations one towards another Vaniſhed at once, and the moſt Bloody Wars that ever this Iſland felt, happened between them.

Baliol by a ſolemn Embaſſy, Renounces his Submiſſion to Eng⯑land, as Extorted by unjuſt Methods, and his Friendſhip alſo—; And Edward in Return, furiouſly Invades Scotland both by Sea and Land.

'Tis not at all my Deſign, nor to my Purpoſe, to enter here in⯑to the Hiſtory of theſe Wars, or the Battels, Ravages, Fire and Blood, which the two Nations felt during the whole Reign of the three Edwards of England, with but ſmall Intermiſſions; the par⯑ticulars whereof would of themſelves make a large Volume—; The true Reaſon of my mentioning theſe Things, will appear in my further proſecuting this Story: The ſhort Uſe of it is this, That theſe two unhappy Nations were always in Extremes with one another; Nothing but the cloſest Ʋnion, or the moſt deſtructive War, can be the State they muſt live in together; And this I ſhall but too often make evident in theſe Sheets.

From this Breach, the War between the Nations came to a ſtrange height, Edward proved Victorious over the Scots, and the Conſe⯑quences of that are eaſie to Gueſs, Baliol was Cruſht, his Armies Overthrown, the Countrey Pierc't, even to the Extremeſt part by the Engliſh.

Edward calls Bruce to his Side, Baliol is taken Priſoner and Sur⯑renders the Kingdom, then the Famous Wallace gets up, and carries on the War on the Subject of meer National Liberty, Overthrows the Engliſh in ſeveral Encounters, and is made Regent: But is again Overthrown by Edward and Bruce at the great Battel of Falkirk, and Scotland then intirely ſubmits to Edward, whoſe Tyrannical Government makes the very Scots who had taken part with him againſt Baliol, Conſpire together to Recover their Liberty, and one Cuming Leaguing with Robert Bruce, Son to that Bruce who was to have been King; Theſe, tho' Enemies before, joyn together to free their Countrey. But Cuming deſigning to Betray Bruce, is Killed by him with his own Hands in the very Church at Drum⯑fries.

How Bruce after this Recovered the Kingdom from that Subjecti⯑on to the Engliſh; How he was often Overthrown by Edward, and ſeveral times reduced to hide himſelf in the Mountains, and moſt ſecret Places of the Kingdom, and ſometimes ſo long, that he was ſuppoſed to be Dead;—How yet at laſt by innumerable Attempts, Unwearied Pains, and Invincible Courage he retrived his Fortune, Drove the Engliſh out of his Countrey, Overthrew them with a terrible Slaughter at Bannockburn near Stirling, and after a Reign of Twenty Four Years full of continual War, againſt the moſt power⯑ful Princes England had in theſe Ages of the World; he Died in [14] Peace, his Countrey being Recovered out of their Hands; Theſe Things would be too long a Story here to relate.

In this War, by the beſt Calculations I can make, of Armies Raiſed, and Battels Fought, no leſs than Six Hundered Thouſand People of both Nations periſhed, and all for want of that happy UNION, ſo near perfected, and ſo diſaſtruouſly loſt. A good Looking-glaſs for thoſe Gentlemen (who have openly wiſhed theſe Nations might make a Breach either on one Side or another) to look into, and for them to ſee, if their Deſigns had ſucceeded, what their Poſterity might have had cauſe to Thank them for.

If it be Objected, that it does not follow, That on a Breach of this laſt Treaty of Ʋnion, a War muſt neceſſarily have happened, I ſhall take the Liberty to enter upon that Head by it ſelf, and believe theſe Sheets will prove, That a War muſt have been the inevitable Conſequence of breaking up this laſt Treaty, eſpecially if broken up according to the Project of thoſe People that appeared to Op⯑poſe it, who, we all know, acted on Principles, both as to Trade, Civil Government, and Succeſſion, Incompatible with the Intereſt of both the preſent Eſtabliſhments, and as much as can be ſaid perfectly impracticable, as the Kingdoms were thus Conſtituted; But of this more hereafter.

From this Time, we meet with no Overtures of ſettled Tran⯑quillity between the Kingdoms, till the Days of Henry VII. of England, whoſe Daughter Margaret was Married to James IV. King of Scotland—; And tho' this Marriage was the Mother of Uni⯑on (as I may Term it) and laid the Foundation of almoſt all the Projects that have happened ſince, and from whence at laſt the Crown of England Devolved upon the Royal Line of Scotland, yet in his Time there were no immediate Steps taken towards it. The outmoſt Effect of this Marriage, was an immediate Peace between the Nations, which, however, did not laſt long, but King James falling in with the French Intereſt, fell out with his Father-in-law King Henry VII. and after with his Brother King Henry VIII. and loſt his Life in that War.

The firſt Attempt ſubſequent to this, was a Propoſal of Henry VIII. who, after this great Quarrel was ended, tho' he was Victor, offered to Match his Daughter Mary (Prince Edward, afterwards King Edward VI. being then not Born) to James the 5th. King of Scotland, and to ſecure the poſſeſſion of the Crown after himſelf to them Joyntly; And the deſign of this Match, it was evident, could be nothing elſe, but a firm, laſting, and eſtabliſhed Peace between the two Nations; For having himſelf no Sons, and expecting none, (For the buſineſs of the Divorce of his Wife Queen Katharine was not then come into his Head) He foreſaw this was the only Step to Unite the Nations, and put an End to theſe Bloody Contentions, that for ſo many Ages had been between them, for that the Heirs of that Match would by conſequence be poſſeſt of both, and ſo the whole Iſland would become one Happy and moſt powerful People, United in Intereſt, in Government, and in every Thing that would make them Great.

[15] This Propoſal was ſo Rational, and ſo viſibly tending to the general Advantage of both Kingdoms, That it could not be ſup⯑poſed to meet with any Oppoſition from ſuch, as were in the leaſt concerned for the Good of their Native Country on either Hand.

On the Engliſh Side it met with an immediate good Reception, for King Henry VIII, contrary to the general Conduct of that Prince, whoſe Temper was (generally ſpeaking) Bloody, Fierce, Haugh⯑ty, and too apt to Inſult ſuch as fell into his Hands; Yet here, changing his Temper, he cauſed the Scots Priſoners, taken at the late Battel, to be very well Treated, and Committed to the ſeveral Keepings of the Engliſh Nobility, who uſed them Honourably, and according to their Quality.

I know it is ſaid, That the King, who had this Project firſt in his Head, diſtributed the Scots Noblemen in the Houſes of the Eng⯑liſh Lords, That theſe might, according to his private Inſtructions, deal with them apart, and ſtrive, by Promiſes, and ſuch like Ar⯑guments, to bring them to hearken to ſuch a Propoſal, and to be⯑gin the Treaty—; And that the ſaid Scots Noblemen were, by this Artifice, prompted, and brought to make the firſt Offer of this Marriage, as from Scotland.

But let this be as it will, let the Honour of the Propoſal ly where it will, it is manifeſt, both Parties were well pleaſed with it, and look'd upon it as the beſt Method, to bring both Nations to a State of Proſperous and Durable Peace. But Satan hindered.

It was evident, That both Kingdoms had a fixed Inclination, at this time, for the Union: Henry ſhewed his Good Will, in that he offered to heap up unuſual Honours upon the King of Scotland, upon the firſt Project of the Match, as upon his undoubted Succeſſor to the Crown, ſuch as making him a Peer of Britain, by the Royal Title of Duke of York, a Title Veſted in the Crown, and ſince the Father of Edward the Fourth, reckoned the next Step to the Throne; But this was not all, he offered to declare him Lord Lieutenant, or Deputy Governour of England, immediately upon the Match; This was to put the Government, as it were, in his actual Poſſeſſion, and make him King by the Conſequence of the Thing—; There is no doubt, but, had this Match ſucceeded, there would have been mutual Stipulations of a compleat Coalition entred into by the reſpective Parliaments of both Kingdoms.

But French and Popiſh Counſels prevented this Happy Conjuncti⯑on, as they have ſeveral others ſince, and would have done the laſt; For the Clergy of Scotland finding Henry VIII. of England had cruſht the Power of the Clergy in England, and was ſuppreſſing the Abbeys and Monaſteries, curbing the extended Authority of the Pope, and as they apprehended deſtroying their Church, they ſet themſelves by all poſſible Artifice, to prevent this Propoſals taking Effect; And getting the French King to joyn his Intereſt with theirs, they wrought the King of Scotland to ſuch a Diſlike of the Match, That he rejected King Henry's Propoſal with ſome Indecencies, re⯑fuſed him an Interview at York, tho' he had given his Word to [16] meet him there—; This King Henry ſo reſented, That a War immediately followed, (as upon a Defeat of an Union has gene⯑rally happened) in which War, the Scots Nobility were ſo ſenſible of the wrong Meaſures of their Prince, and the Advantages to their Country, which he had raſhly rejected, That they followed him very unwillingly, and at laſt wholly abandoned him at Solan-Moſs, Declaring, They thought it was not their Duty to ruine their Country, to gratifie the Paſſion of their Deluded Monarch, and the Blinded Fury of the Clergy: This coſt King James his Life, who died of Grief, as Buchanan relates, Rerum Scoticarum, Lib. 7. Fol. 76.

Its true, had this Match gone forward, it had not had the de⯑ſigned Effect, at leaſt not immediately, becauſe King Henry the VIII. afterwards had a Son born, who ſucceeded to the Crown (viz.) Edward the VI—; But this is not to the preſent Caſe, the Deſign was the ſame, nor did it die with the reſpective Kings—; Nay, after the Birth of the Young Prince, King Henry the VIII. made a ſecond Propoſal of an Union, viz. Of a Match between his Son Edward, and the Daughter of the late King of Scots; And this went ſo far, as to be Approved in the Parliament of Scotland, as may be ſeen in the Regiſters of that Time; But this was again interrupted, as the former had been, by the Death of King Henry the VIII. who left the Crown to his Son Edward the VI.

In this Reign, the Project of Uniting the Kingdoms revived im⯑mediately, for the Engliſh Council ſaw clearly the Advantages ac⯑cruing to both Nations by an Union, and could not ſlip that Happy Juncture: Their King was a Child not above Nine Years of Age, the Queen of Scotland was the like, left by her Father at Five Days old, and Crowned in her Cradle: The Regency of Scotland, and the Council of Governours of the Young King, revive the Treaty, and propoſe a Match between the King of England and the Queen of Scotland—, and built it upon the late Agreement made be⯑tween King Henry and the Parliament of Scotland.

But the French and Popiſh Party, who, as I have noted already, oppoſed Uniting the Kingdoms before, on the pretence of the Dan⯑ger of the Roman Church, had now much more Reaſon to do ſo; Since King Edward had declared himſelf, as they eſteemed it, an Heretick, had diſowned the Pope, and had erected a Proteſtant Church on the Ruine of the Romiſh; And on theſe Arguments they rejected the Propoſal, and broke their former Agreement.

And here happened, what I have all along obſerved to be the Conſe⯑quence of breaking up a Treaty between the Two Nations, viz. A Bloody War, like as certainly muſt have happened again, had not this laſt Happy Treaty interveened, of which I am to Diſcourſe, in theſe Sheets.

It is not my Buſineſs to enter upon the Particulars of the War on this Occaſion, but two Things it will be neceſſary to obſerve, 1ſt, That this War iſſued in the Defeat of the Scots Popiſh Army at the Battel at Pinkie, after which it was expected the Young Queen ſhould have been delivered to the Engliſh, and Marryed to their King: [17] And truly, if the Frank and Generous Offer of the Conquerors had been in the leaſt regarded, it had been ſo, who, after the Victory made no Spoil or Havock in Scotland, but, as Friends, made a Fair De⯑mand of their (the Scots) Queen to be Married to their (the Engliſh) King, That ſo the Nations being United, might for ever remain One—; And this is to be ſeen in that Famous Declaration of the Duke of Somerſet the Engliſh General, which, as it is in a Stile peculiar, and not uſual in the World among Conquerors, I could not omit, and is in the Appendix, No. 11.

But, 1. It was in Vain to Talk Reaſon to a People reſolved; The Popiſh Party, who ſaw evidently the Ruine of their Church, and the French, who ſaw the Deſtruction of their Ancient League wrapt up in the projected Union of the Kingdoms, fruſtrated all the Deſign, by Conveying the Young Princeſs into France; And ſo this Scheme came alſo to nothing.

This had ſeveral bad Effects, which Scotland afterwards Regret⯑ed, Firſt, That it delayed the Reformation in Scotland for near Thirty Years after that in England, and made it both Difficult, Bloody, Tedious, and for a long Time Imperfect, of which I have Treated elſewhere. Secondly, It brought her under a French Yoke, and for a long Time ſhe Groaned under the Tyranny of French In⯑fluence, till the Nation threw off Tyranny and Popery together, and Reformation came on Hand in Hand with Liberty.

And now the Notion of Union between the Two Kingdoms be⯑gan to wear out, as a Thing, That, tho' both Nations had Inclinati⯑on enough to engage in, yet there was no Juncture to make it Feaſible, till the Death of Queen Elizabeth, who dying without Iſſue, the Engliſh Crown devolved upon the Scots Line; And this produced a kind of Ʋnion, I mean an Union of the Crowns, but not an Uni⯑on of the Kingdoms; Of the Imperfection, Deficiency and Incon⯑veniency of which to both Kingdoms, I ſhall make ſome brief Obſervations, as they have been the Motives to the frequent At⯑tempts for a more near Conjunction in the ſucceeding Times.

The Inconveniencies to Scotland in this partial Union were, Firſt, Their removing their Court to England, their King, accord⯑ing to the Prophetick Saying of Henry the VII, removing his Seat of Government from the leſs to the greater—; This was natu⯑rally attended with the Decay of Trade in Scotland, by removing the Concourſe of Strangers from Scotland, whoſe Conſumption of Proviſions and Manufactures, which are the Foundation of Com⯑merce, was a great Loſs to Trade—; With the Exporting their ready Money out of the Kingdom, by the conſtant Attendance of their Gentry and Nobility at the Engliſh Court, where they ſpent their Eſtates, and ſuck'd out the Blood of their Country, to ſupport their Luxury and Magnificence—; With the continued empty⯑ing their Nation of their People, who all flocked to England, ei⯑ther for publick or private Employment, and Depopulated, as well as Impoveriſhed, their Native Country; But above all, the bringing Scotland under Engliſh Influence, both as to Civil and Religious [18] Government, was a manifeſt Token of the Deficiency of this partial Union; For Scotland was after this, in a Political Senſe, tho' not in a Legal Senſe, always under the Management of the Engliſh Court: It had the Subjection without the Advantages—; Her Sea⯑men were preſs'd into the Engliſh Service as Subjects, yet, at the ſame time, excluded the Merchants Service as Foreigners, an Engliſh Ship Sailed with above one Third Scots Men would be ſeized, as not being Sailed by Engliſh Men, and the Colonies of England were at laſt all barred from them, as much as from the French or Dutch; It would be too long a Digreſſion, to recite here the various Incon⯑veniencies Scotland laboured under, from the Deficiency of this partial, or meerly Regal Union, and which made all the Well-Wiſhers to Scotland deſire, either that there were a more intire Union, or that there were no Union at all—

Nor was this unforeſeen by either Nation, and therefore, no ſooner was King James the VI. of Scotland come to the Crown of England, but he began (before he had learn'd quite to forget his own Country) to project a more near Union of the Nations, as the only way to make them both compleatly Happy; This was in the Year 1604—, when, after ſeveral Projects of Ʋniting by his own Abſolute Authority, a Thing then newly taken up in the World, finding all other Methods fail, he propoſed it to the Parliament of England, That, to uſe his own Words, as they were made One in the Head, they might be inſeparably Conjoined, and all Memory of paſt Di⯑viſions be Extinguiſhed; At the ſame time he propoſed it in Scot⯑land, and both Nations were ſo ſenſible of the mutual Advantages of Union, That they readily agreed to it, and Commiſſioners were appointed on both Sides to Treat. The Names of the Commiſſio⯑ners were as follows,

We do not find among our Authors any particular of the Debates of theſe Commiſſioners: Spotſwood in his Hiſtory Fol. 481. gives in a Draught of the Articles they agreed on, which for want of Room I only refer the Reader to, but having obtained from good hands, a Manuſcript of Sir George Mackenzies, being a little like a Journal of their Proceedings, I could not but think it very much to the purpoſe, to inſert it in the Appendix to this Work, where may be ſeen the true Ground Plat of the preſent Union, and the Intereſt of both Kingdoms, clearly ſtated—as it ſtood then, and ſaving in matters of Religion remains ſtill, ſee Appendix N 12.

Theſe Articles thus mutually agreed, were Engroſſed and Signed by the Commiſſioners on both Sides, and preſented to the King the 6th. of December 1604—; But it was obſerved. That the Earl of Saliſburry at the preſenting the Draught to the King, expreſſed it to be the meaning of the Commiſſioners, That theſe Articles were but an imperfect Agreement, and that they were willing to finiſh and go through the ſame when ever he pleaſed.

However, the King offered it to the Parliament of England, and as Spotſwood ſays, Recommended it Earneſtly to them; But the more ſecret Hiſtory of that Affair, was, That the King himſelf fal⯑ling in at that Time with the Engliſh Clergy, and Oppoſing the Proſ⯑perity of his own Countrey, upon the Score of Religion and abſo⯑lute Will, found Ways and Means to puzzle this Cauſe in Parliament; and Firſt, The difficulty of the Poſt-Nati, a Thing, which had the Eng⯑liſh at that Time purpoſed a Hearty Ʋnion, would never have ſtuck with them, occaſioned long Struggle, and at laſt the Parliament referr'd it to the Common Law; While this was doing, the National Averſion, particularly in England, ſeemed to revive, and the pub⯑lick [20] Appearances in England of a Spirit of Diviſion, were ſuch, as one obſerves, That very well diſcover'd the King was become on Engliſh Man, otherwiſe he would never have born with thoſe In⯑vectives and Railings at Scotland, which Sir Thomas Craig in his Book De Ʋnione Regnorum, ſays, were then publickly uſed in the Pulpits and in Printed Books, while their King was a Scotſman.

Nor was this all, but the King in ſtead of forwarding the Union of the two Kingdoms, or promoting the particular Advantage of Scotland, fell in with the arbitrary Projects of that Time, to make himſelf Abſolute in Scotland—, as he was alſo doing in England. This would lead me into a vaſt Ocean of National Confuſions, which received their Riſe and Conception in the Tyrannical Tem⯑per of this Prince, in which he laid the Foundation of the Ruine of his Poſterity, which as remote to my preſent Buſineſs, purpoſely I Omit.

Asto Union, nothing further was done till the year 1660—, and till that Time, which was about 56 years, the Subjects of Scot⯑land enjoyed a Freedom of Commerce in Common with the Eng⯑liſh, to all the Engliſh Colonies; But then ſome Acts in England paſſing in prejudice of that Freedom of Commerce, the Scots re⯑newed their Complaints, and a Commiſſion ſays, Sir George Mac⯑kenzie was granted in the 3d. Seſſion of the firſt Parliament of Charles 2d. in Scotland, and by an Act at the ſame time in England, Nominating Commiſſioners to Adjuſt theſe Differences; This was in 1666.

Theſe Commiſſioners met the 21ſt. January 1667, and the Scots Commiſſioners gave in a Propoſal to the Engliſh, for ſettling the Differences about Trade, which Paper I have alſo given you from an Original Manuſcript of the ſaid Sir George Mackenzie, and which you will find in the Appendix No. 13.

The Debates which followed this Paper, ſays Sir George, ſerved only to ſhew the King the Neceſſity of Commencing a further Treaty, viz. Of a Union, and how Ineffectual all other Treaties would be to bring about the publick Peace of the two Nations.

To this End, a Parliament being called in Scotland the 19th. of October 1667, and the Engliſh Parliament meeting the ſame Day, he cauſed the great Affair of an Union to be propoſed to both at the ſame time; The Parliament of Scotland, by their Letter to the King, expreſſed their Readineſs to concur with the Popoſal; And that they would grant Commiſſion to ſuch, as His Majeſty ſhould Nominate for that Purpoſe, to Treat as their Repreſentatives; And left it to the King to Name the Time, Place, and Quorum of their Meetings—; This being the Subſtance of the Letter, I have omitted the Letter it ſelf, which is to be ſeen in the Regiſters in Edinburgh.

The Parliament of England, by what Affairs obſtructed I ſhall not determine, did nothing in it that Seſſion, but reaſſumed it in 1670, and Impowered the King by an Act 22. Carol. 2. almoſt in the Terms the Scots had done before.

[21] The Parliament of Scotland purſuant to this, granted a Com⯑miſſion for a Treaty, which was almoſt Verbatim the ſame with that granted in England; that no Debates might ariſe between the Commiſſioners of both Kingdoms, about the Difference of their Commiſſions, as had fallen out in the year 1604.

And becauſe I ſhall endeavour to relate Matter of Fact, Abſtracted from my own Obſervations in this Hiſtory, I have with ſome Diffi⯑culty, obtained an Original Manuſcript of the Minutes of this ſhort Treaty—; Which are as follows.

A Tranſcript of the Treaty in 1670.

Wedneſday the 14 of September 1670.

In the two and twentieth year of the Reign of our Sove⯑reign Lord Charles the ſecond, by the Grace of GOD, of Eng⯑land, Scotland, France and Ireland King, Defender of the Faith, &c. An Act paſſed the Parliament of England, In⯑tituled, An Act authorizing certain Commiſſioners of the Realm of England, to Treat with the Commiſſioners of Scotland, for the Well of both Kingdoms; And in the ſame year, an Act paſſed in the Parliament of Scotland to the ſame Effect.

In purſuance of which Acts, and His Majeſties Commiſſi⯑ons under the Great Seals of England and Scotland, the Com⯑miſſioners in the ſaid Commiſſions named, are all this day in the Exchequer Chamber at Westminſter, where His Majeſties Commiſſion under the Great Seal of England was Read pub⯑lickly by the Clerk attending the Commiſſioners for England, and alſo His Majeſties Commiſſion under the Great Seal of Scotland, by the Clerk attending the Commiſſioners for Scot⯑land; Which being done, The Lord Keeper of the Great Seal of England, did let their Lordſhips know, That His Majeſty had appointed Somerſet-Houſe for their future Sitting in this Affair, and (by conſent of all their Lordſhips) Ad⯑journed their next Meeting to be at Somerſet-Houſe on Satur⯑day next, at Nine a Clock in the Forenoon.

At Somerſet-Houſe.
Saturday the 17. day of September 1670.

This day the Commiſſioners of both Kingdoms being met, the Lord Keeper of the Great Seal of England, delivered to the Earl of Lauderdale Lord High Commiſſioner for Scotland, a Copy in Parchment of His Majeſties Commiſſion under the Great Seal of England, Atteſted by the Clerk attending the [22] Engliſh Commiſſioners, and received from his Lordſhip the like Copy of the Commiſſion under the Great Seal of Scot⯑land; Then their Lordſhips received a Meſſage from His Ma⯑jeſty in Writing, and Heads therein propoſed to be Treated of; Which being Read, the Commiſſioners of both King⯑doms agreed, to conſider againſt their next Meeting, in what Method to proceed upon His Majeſties Meſſage, and alſo in what manner their Lordſhips ſhall deliver their Opi⯑nions at their General Meetings, upon which the next Ge⯑neral Meeting of the Commiſſioners was Adjourned to Thurſ⯑day the 22 of September inſtant, at Nine a Clock in the Fore⯑noon. After this Adjournment, the Commiſſioners for Eng⯑land withdrew into their own Chamber, among themſelves, to conſider of the Method of their Proceedings in this Trea⯑ty.

Where firſt the Lord Keeper of the Great Seal, and the Lord Ailingtoun acquainted the reſt of the Commiſſioners then preſent, That His Majeſty had appointed Mr. John Walker to attend their Lordſhips as their Clerk, which their Lordſhips approved of, and ordered that he ſhould ſubſcribe their Orders and Papers; (By Order of the Commiſſioners for the Kingdom of England, (left blank) John Walker Clerk.

Then upon Debate, it was reſolved, That nothing which ſhall be in Debate or Aſſented, ſhall be taken as the Opinion or Reſolution of the Commiſſioners of either Kingdom, or drawn into conſequence, or any way made uſe of, un⯑leſs the whole be mutually Agreed to: Alſo, that their Lordſhips would not Treat by Papers, (as in the Treaty of 1667,) but that the joynt Reſolutions of the Commiſſioners at their General Meetings only, be reduced into Writing, and Entred by both their Clerks. Next, It was reſolved, That theſe two Propoſitions be offered to the Commiſſioners for Scotland, at their Lordſhips next General Meeting, as Pre⯑liminaries to be joyntly Agreed and Reſolved on.

Then were Read the ſeveral Heads offered to their Lord⯑ſhips Conſideration, in His Majeſties Meſſage, and upon De⯑bate, it was Agreed, That the Lord Keeper of the Great Seal let the Commiſſioners for Scotland (at the next General Meet⯑ing) know, That upon due conſideration had, their Lord⯑ſhips offered the third Head propoſed in His Majeſties Meſ⯑ſage (viz. The Uniting both Kingdoms into one Monarchy under His Majeſty, his Heirs and Succeſſors inſeparably) to be the firſt Point to be Debated, and then, That his Lordſhip deſire the Commiſſioners for Scotland, to propoſe, on which of the two firſt Heads to proceed next; But that their Lord⯑ſhips were of Opinion, not to proceed on the fourth or fifth Heads, till the others be agreed to.

Thurſday the 22d. of September 1670.

[23]

Before the General Meeting of the Commiſſioners of both Kingdoms, this day the Commiſſioners for England met in their own Chamber, and it was agreed, That what the Lord Keeper ſhall propoſe at the General Meeting, be done in the Name of the Commiſſioners.

Then the Commiſſioners of both Kingdoms being met, the Lord Keeper of the Great Seal offered to the Board what the Commiſſioners for England had agreed on, on Saturday laſt, as Preliminaries for the better proceeding in this Treaty, the Subſtance whereof being aſſented to by the Commiſſioners for Scotland, it was agreed, the Committee of the Commiſſioners of both Kingdoms ſhould be appointed for the Wording of what was agreed to, and to Report unto the Board.

Alſo his Lordſhip propoſed the Third Head in His Maje⯑ſties Meſſage to be the Firſt Article to be debated, which was aſſented to by the Lords Commiſſioners for Scotland; But ſome Objection being made againſt the Words (And Succeſſors) in that Head, the Commiſſioners for England withdrew to their Chamber to conſider thereof, and what Words were fit to be aſſented to; Where, after ſome Debate, their Lordſhips re⯑ſolved, That, if the Commiſſioners for Scotland, at their Lordſhips Return, ſhould inſiſt upon leaving out theſe Words, (And Succeſſors) to yield to them therein.

While the Commiſſioners for England were in their Cham⯑ber, a Meſſage was brought from the Commiſſioners for Scot⯑land by their Clerk, to know whether their Lordſhips would Name their Committee there, or at the Board; Upon which their Lordſhips Named the Earl of Angleſey, Maſter Attourney General, and Sir Leoline Jenkins, and returned Anſwer, That they had Named a Committee of their Commiſſioners.

Then the Commiſſioners returning to the General Meeting, after ſome Debate upon the Third Head, agreed to leave out the Words (And Succeſſors), and that the Monarchy be Stiled by the Name of Great-Britain. Then the Lords Commiſſio⯑ners for Scotland let their Lordſhips know, That they had ap⯑pointed the Earl of Kincardine, the Lord Advocate, and Sir Robert Murray, to be their Committee; And the Commiſſio⯑ners for England Named the Earl of Augleſey, Maſter Attourney General, and Sir Leoline Jenkins, whom they had appointed to be of the ſaid Committee; Which Committee were alſo ap⯑pointed to Word the Third Head as agreed to, and to meet when and where they pleaſed, ſo as to be ready to make a Re⯑port on Saturday next. Afterward the Lord Keeper propoſed to the Conſideration of the Commiſſioners for Scotland, Whe⯑ther they would proceed next upon the Firſt or Second Head mentioned in His Majeſties Meſſage; Then the Commiſſio⯑ners for Scotland declared to enter upon the Debate of the [24] Firſt Head (viz. The preſerving to either Kingdom their Laws, Civil and Eccleſiaſtical intire) on Saturday next, which being agreed to, the next Meeting, by their Lordſhips General Agreement, was adjourned to Saturday next, at Nine a Clock in the Forenoon.

The Order for the Committee was drawn as follows, viz.

Thurſday the 22d. of September 1670.

Lords Committees Nominated by the Commiſſioners, Ap⯑pointed to Treat concerning an Union between England and Scotland, for the Wording the Two Preliminaries, and the Third Head of His Majeſties Meſſage, as this Day agreed to, at their Lordſhips General Meeting, in order to the entering them by the reſpective Clerks attending the Commiſſioners of both Kingdoms.

  • Earl Angleſey.
  • Maſter Attourney General.
  • Sir Leoline Jenkins.
  • Earl Kincardine.
  • Lord Advocate.
  • Sir Robert Murray.

Their Lordſhips to meet when and where they pleaſe, ſo as a Report be ready for the Board by Saturday next, at Nine a Clock in the Forenoon.

Friday the 23d. of September 1670.

The Lords Committees above-mentioned met at Nine a Clock in the Forenoon at the Earl of Angleſey's Houſe, and after Conſideration had, agreed, That the Particulars com⯑mitted to their Charge be Worded as followeth.

Preliminary Articles.

That the manner of proceeding between the Commiſſio⯑ners of both Kingdoms be by Conference and Debate, and that the Reſult of their Debates be put in Writing by a Com⯑mittee of the Commiſſioners of both Kingdoms; And after Approbation thereof, the Copies of ſuch Writings be deliver⯑ed to the Commiſſioners interchangeably, ſigned by their re⯑ſpective Clerks, and then entred in the reſpective Books, and ſigned by both Clerks.

That nothing agreed on, or aſſented to by the Com⯑miſſioners of both Kingdoms, in their Treaty, ſhall be taken as the Opinion or Reſolution of the ſaid Commiſſioners, nor drawn into Conſequence, or any way made uſe of, unleſs the whole which ſhall be agreed to, be reduced into Inſtru⯑ments Tripartite under the Hands and Seals of the ſaid Com⯑miſſioners, according to their reſpective Commiſſions.

[25]

Articles of the Union.
  • Reſolved, That the two Kingdoms ſhall be United into one Monarchy under His Majeſty, and his Heirs inſeparably.
  • 2. That the Name of this Monarchy ſhall be, GREAT BRITAIN.

Saturday the 24th. of September, 1670.

The Commiſſioners for England being met in their Cham⯑ber, the Earl of Angleſey Reported what the Committee of the Commiſſioners of both Kingdoms had prepared, purſuant to their Lordſhips Order, at the General Meeting of the Com⯑miſſioners of both Kingdoms, upon conſideration had where⯑of, it was propoſed, That ſome Words might be added to the ſecond Preliminary Article, to take off all Jealouſies that may remain of any uſe to be made hereafter, of what ſhall be put into Inſtruments Tripartite, if the Parliaments of both King⯑doms ſhall not think fit to Confirm the ſame, whereupon a Meſſage was ſent from their Lordſhips to the Commiſſioners of Scotland, (in their Chamber) to deſire, That the Com⯑mittee of the Commiſſioners of both Kingdoms might meet again preſently in the Great Room; which being conſented to, the ſaid Committee met, and agreed to alter and add to the ſecond Preliminary, in manner following.

That nothing which ſhall be Agreed, or Aſſented to by the Commiſſioners of both Kingdoms in their Treaty, ſhall be taken as the Opinion or Reſolution of the ſaid Commiſſioners, nor drawn into Conſequence, or any ways made uſe of as ſuch, until the whole, which ſhall be Agreed unto, be re⯑duced into Inſtruments Tripartite, under the Hands and Seals of the ſaid Commiſſioners, according to their reſpective Com⯑miſſions, nor then neither, unleſs the ſame being preſented to, ſhall be Approved and Ratified by the reſpective Parlia⯑ments, ſo as this Preliminary be not underſtood to leave room for Debate, or Change of any thing by the Commiſ⯑ſioners, which ſhall be put under their Hands and Seals, as aforeſaid.

Which Alteration and Addition, being Reported by the Earl of Angleſey to the Commiſſioners for England, was Approved of.

Then the Commiſſioners for Scotland ſent a Meſſage to the Commiſſioners for England, deſiring that the ſaid Com⯑mittee might meet again preſently in the Great Room, which was agreed to, where being met, the Committee of the Com⯑miſsioners for Scotland, propoſed an Addition to be made to the firſt Article of Union agreed upon, of theſe Words, (They [26] being of the Progeny and Poſterity of King James, His Majeſties Royal Grandfather of Glorious Memory) Which Addition the Earl of Angleſey Reported to the Commiſsioners for England, whoſe Lordſhips upon Debate thereof, agreed to offer at the General Meeting of the Commiſsioners of both Kingdoms, the Article thus altered. That the two Kingdoms ſhall be in⯑ſeparably United into one Monarchy under His Majeſty and the Heirs of his Body, and for want of ſuch Heirs, under the Body of King James His Majeſties Royal Grandfather of Glo⯑rious Memory.

Then the Commiſſioners of both Kingdoms being met, the Lord Keeper of the Great Seal Read the two Preliminary Articles, prepared by the ſaid Committees, to which the Commiſsioners for Scotland declared their Agreement, and the Commiſsioners for England theirs; Alſo his Lordſhip Read the two Articles of Union upon the third Head in His Ma⯑jeſties Meſſage worded by the ſaid Committees, with the Addition of ſuch Words, as the Commiſſioners for England upon the Motion of the Commiſſioners for Scotland thought fit to Aſſent unto, to which Articles the whole Board con⯑ſenting, the ſaid Preliminary Articles of Union were writ⯑ten fair, and ſigned by the reſpective Clerks, and then (being openly Read again by the Clerk attending the Commiſſioners for England) were interchangeably delivered to the Com⯑miſſioners of both Kingdoms, to be Entred in their reſpective Books, and ſigned by both Clerks.

Next the Earl of Lauderdale, Lord Commiſſioner for Scotland, offered the firſt Head in his Majeſties Meſſage, to be then proceeded on (viz.) The preſerving to either King⯑dom their Laws Civil and Eccleſiaſtical intire, to which his Lordſhip declared, they did agree in General, but differed as to the Meaning of it; Thus,

That the Laws and Cuſtoms, Civil, Criminal, and Ec⯑cleſiaſtick Judicatories and Offices of either Kingdom be pre⯑ſerved, and remain intire in all time coming, as they are before the Union. And that all Actions, Proceſſes, Cauſes and Queſti⯑ons Civil, Criminal, or Eccleſiaſtical, concerning the Subjects of Scotland, or any of them in their Lives, Rights, Proper⯑ties, or other Intereſts in Scotland, be only Tryed, Judged, and Determined in Scotland, by the Ordinary and Compe⯑tent Judicatories there, and ſhall not be Heard, purſued, or Judged in England, in the firſt Inſtance, or by way of Ap⯑peal, Review, Reduction, or by any other way whatſo⯑ever.

After ſome Debate had hereupon at the Board, to the End their Lordſhips might the better conſider thereof, the Lord Keeper (by the General Conſent of the Commiſſioners of both Kingdoms) Adjourned the next Meeting to Thurſday the 13th. Day of October next, at Nine a Clock in the Fore⯑noon.

[27] After which, the Commiſſioners for England met in their own Chamber, to debate and prepare themſelves upon this Point againſt the next General Meeting, and after ſome time ſpent thereupon, departed.

Thurſday the 13th. of October 1670.

This Day the Commiſſioners for both Kingdoms preſent being met in the great Room, the Earl of Lauderdale did intimate to their Lordſhips, That, in regard of His Majeſties being at preſent at New-Market, where many of the Com⯑miſſioners appointed for this Treaty are attending on His Majeſty, he conceived there was ſufficient Reaſon for ad⯑journing their Proceedings for ſome few Days longer, upon which (by the general Conſent of the Commiſſioners pre⯑ſent) the next Meeting was appointed to be on Thurſday the 20th. of October inſtant, at Nine a Clock in the Fore⯑noon.

Thurſday the 20th. of October 1670.

The Commiſſioners for England being met in their Cham⯑ber, the Firſt Head propoſed in His Majeſties Meſſage was read, with the Propoſition made by the Commiſſioners for Scotland, as an Explanation thereof; Which being debated by their Lordſhips (after ſome time ſpent) it was agreed, to deſire the Commiſſioners for Scotland to expreſs their Mean⯑ing more clearly, as to the Legiſlative Power of the Parlia⯑ment, which will be for Great Britain after the Union. Up⯑on which the Commiſſioners for both Kingdoms being met, the Lord Keeper offered to the Board, That the Commiſſio⯑ners for England had conſidered of the Propoſition made by the Commiſſioners for Scotland upon the Firſt Head in His Majeſties Meſſage, now under Conſideration; And having read the Propoſition, told their Lordſhips, That, as the Pro⯑poſition is made, the Parliament which will be for Great-Britain, will have no Legiſlative Power to alter or change any Laws, how grievous ſoever; Beſides, there will be no Power any where to alter the Laws in Scotland, tho' the Sub⯑jects of Scotland ſhould deſire it; And therefore deſired their Lordſhips, the Commiſſioners for Scotland, to Explain their Meaning upon that Propoſition.

Whereupon the Commiſſioners for Scotland deſired to withdraw, whoſe Lordſhips ſoon after returning, the Earl of Lauderdale delivered the Meaning of the Commiſſio⯑ners for Scotland as follows, viz. Our Meaning is not hereby to determine every particular Law of Scotland to be unalterable, but we cannot ſay any thing to the way of al⯑tering, [28] till the next Article concerning the Parliament be Treated.

Upon which the Commiſſioners for England deſired to withdraw for a while, to conſider of what was offered, and return preſently.

Whoſe Lordſhips being withdrawn to their own Cham⯑ber, the ſaid Anſwer of the Commiſſioners for Scotland was there read; And upon ſome Conſideration had thereof, it was agreed, to take a little more time to conſider more fully thereof; And upon their Return, to propoſe the ſame to the Board, and a preſent Adjournment. Then the Commiſſioners for England being returned into the great Room, the Lord Keep⯑er did let the Board know, That their Lordſhips conceive the Matter propoſed worthy a little more time, in which it might be better conſidered, as well by their Lordſhips the Com⯑miſſioners for Scotland, as the Commiſſioners for England; Whereupon, by the general Conſent of the Commiſſioners of both Kingdoms, the next Meeting was adjourned to Satur⯑day the 22d. inſtant, at Nine a Clock in the Forenoon.

Saturday the 22d. of October 1670.

The Commiſſioners for England being met in their Cham⯑ber, read the laſt Paper delivered by the Commiſſioners for Scotland, and thereupon agreed to offer at the Board, That they are ready, if their Lordſhips of Scotland pleaſe, to pro⯑ceed upon the Second Head propoſed in His Majeſties Meſ⯑ſage, viz. The Uniting both Parliaments into One, and to receive what the Commiſſioners for Scotland ſhall offer thereupon.

Then the Commiſſioners for both Kingdoms being met, the Lord Keeper expreſſed the Senſe of the Commiſſioners for England, upon the Expoſition made by the Commiſſioners for Scotland, upon the Firſt Head propoſed in His Majeſties Meſſage, and did let the Board know, That, if their Lordſhips of Scotland think fit, they are ready to proceed upon that Head, and if they pleaſed to offer any Particulars upon it, the Commiſſioners for England were ready to proceed there⯑upon.

Upon which the Commiſſioners for Scotland declared their Willingneſs to proceed upon that Head, but deſired time to conſider of what ſhall be thought fit to be offered on either Side upon it, until another Meeting.

Whereupon, by the general Conſent of the Commiſſioners for both Kingdoms, the next Meeting was adjourned to Thurſ⯑day the 27th. inſtant, at Three a Clock in the Afternoon.

Then the Commiſſioners for England returned to their Chamber, to conſider in what manner to proceed upon the [29] ſaid Head, and after ſome time ſpent, agreed to hear what the Commiſſioners for Scotland will, at their next Meeting, propoſe upon that Head.

By His Majeſties Order on the 26th. of October, the next Meeting of the Commiſſioners of both Kingdoms was put off to Tueſday the Firſt of November 1670, at Nine a Clock in the Forenoon.

Tueſday the 1ſt. of November 1670.

The Commiſſioners for England being met in their Cham⯑ber, to conſider of the Second Head in His Majeſties Meſ⯑ſage now to be Treated on, agreed to propoſe to the Com⯑miſſioners for Scotland, That, conceiving their Lordſhips in⯑tend a Proportion of Number of Members to Sit in both Houſes of the Parliament, which ſhall be for Great-Britain, they deſire to know from the Commiſſioners for Scotland, what that Proportion ſhall be for Scotland as to Eng⯑land.

Then the Commiſſioners of both Kingdoms being met, the Earl of Lauderdale declared, That, according to Agree⯑ment, the Commiſſioners for Scotland were ready to proceed upon the ſaid Second Head.

To which the Lord Keeper Anſwered, That the Commiſ⯑ſioners for England did likewiſe agree to it, but ſuppoſing the Commiſſioners for Scotland intend a Proportion of Mem⯑bers as to the Ballance of that Parliament, deſired to know, what that Proporrion ſhall be for Scotland as to Eng⯑land.

Upon which the Earl of Lauderdale declared, That they came to this Treaty by the Authority of the Parliament of Scotland, and were Named by His Majeſty; And they did not ſee how their Number ſhould be leſs, than now it is in the Parliament of Scotland, without Incapacitating ſome Peers in Scotland, and cutting off ſome Shires and Royal Burrows from ſending Members to Parliament, which would be a hard Task to undertake; Their Lordſhips being to give an Account of this Treaty to the Parliament of Scotland; Upon which the Lord Keeper told them, That their Lordſhips hav⯑ing propoſed a Thing, which the Commiſſioners for England could not expect, it would be fit to take ſome time to conſi⯑der thereof; Which being agreed to, the next Meeting (by the general Conſent of the Board) was adjourned to Tueſday the 8th. of November inſtant, at Three a Clock in the After⯑noon, to debate this Subject.

Then the Commiſſioners for England being returned to their Chamber, after ſome Debate it was agreed, to deſire Maſter Attourney General to draw ſome Reaſons to be offer⯑ed to their Lordſhips Conſideration, at their next Meeting, [30] againſt what the Commiſſioners for Scotland have propoſed, concerning their Parliament being intirely United to the Parliament of England.

Tueſday the 8th. of November 1670.

The Meeting of the Commiſſioners of both Kingdoms in⯑tended to be this Day, was put off till Saturday next the 12th. of this inſtant, at Three in the Afternoon.

By His Majeſties Order on the 11th. of November 1670, the next Meeting of the Commiſſioners of both Kingdoms was adjourned to the laſt Thurſday in March next coming

And never met more.

Any one that peruſes this ſhort Treaty, or rather Conference, may ſee, That theſe Times were not Tempered for an Effectual Union; And thoſe that know any Thing of the Secret Hiſtory of that Day, will alſo know, there were private Deſigns then on Foot, which made a nearer Union, inconſiſtent with the Views of the Court.

The Scots inſiſted on a Conjunction of Parliaments, not an In⯑corporation of Foundations, as has now been propoſed; England durſt never hear of ſuch a Conjunction of Parliaments, on Account of Church Matters; Knowing, That, tho' Epiſcopacy was then Eſtabliſhed in Scotland, yet, that the Secret Bent of that Nation was Presbyterian; and they durſt not think of a Conjunction of Houſes on that Score.

And here I would ask leave of the Gentlemen in Scotland, who have Oppoſed the preſent Union, in regard of its Hazard to the Presbyterian Church, to Re-mind them, what reaſon they have to look back to the Days of this Treaty, and be Thankful, That the Union was not Compaſſed at this Time; and to conſider why they ſhould have ventured putting it off to a further Time, ſince, had it happned in that Time, when Epiſcopacy had the Face of a legal Eſtabliſhment in Scotland, the Presbyterian Church had for ever ſunk under its Weight, and been Exploded by the Laws of both Kingdoms; both Kingdoms had been obliged to keep it down, and it could never, Miracles excepted, have recovered it ſelf in that Nation.

And thus I have Traced the ſeveral Endeavours to Unite theſe Kingdoms in former Times, in which I have been as Brief as I can: I ſhall conclude this with only one Remark, which I believe will appear to be juſt; Thro' the whole Courſe of the ſeveral Treaties hitherto named, the firſt excepted, which was diſappointed by a meer Judgment from Heaven, I mean the Death of the Maid of Norway; All the reſt of the Propoſals for Union between theſe Kingdoms, met with their particular Obſtructions from Popery, French-Intereſt, Home-Tyranny or Court-Intrigues; Theſe were [31] the only Enemies of Union, and I believe it may, without Partia⯑lity be added, AND SO IT IS NOW:

We are now come to the preſent Times, King James the II: in England, or VII. in Scotland, had no other Union in View, but that of Uniting all his Kingdoms, to the Church of Rome, and this put him upon Meaſures perfectly diſtinct from all that had gone before him, from whence we have had Two Famous Revolutions in Britain, one in the Regal State of both Kingdoms, the other in the Eccleſiaſtick State of Scotland, from Epiſcopal to Presbyterian:—This was no ſooner brought to paſs, but Scotland put the King in mind of their Deſires to Unite, in their Letter to King Wil⯑liam; Of which preſently—. But all that Prince's Reign, this good Deſign met with Obſtructions, of which I ſhall be ſome⯑thing particular in its place. And thus we are brought down to Queen Anne, in whoſe Reign this great Work was once Attempted, but proved Abortive, and at the ſecond Eſſay was brought to Perfection, as will be ſeen in the Sequel of this Story.

OF AFFAIRS IN BOTH KINGDOMS, INTRODUCTORY OF A TREATY of UNION.

[32]

BEFORE I enter upon the Proceedings in the Reign of Queen ANNE, towards a General Union of theſe Kingdoms, it is abſolutely neceſſary to the right Underſtanding of Things, to take a ſhort View of the Poſture of Publick Affairs in the reſpective Kingdoms, and what it was that rendred the Union ſo abſolutely Neceſſary at this Time, that to all Conſidering People, who made any tolerable Judgment of Things, it was plain, there was no other way left, to prevent the moſt Bloody War that ever had been between the two Nations.

At the Revolution, as has been already Noted, and ſeveral times during the Reign of the late King William, Motions had been made frequently both on the King's Side and on the Peoples alſo, to come to a Treaty; But that Prince had always one Thing or other caſt in his Way, to prevent his good Deſign.

The King was often heard to ſay, That this Iſland could never be Eaſie without a Union, and if either of them underſtood their own Happineſs, they would never reſt till it was brought to paſs. And, as I had the Honour to mention it once among other Things, in a Scheme of General Peace among the Proteſtant In⯑tereſts in Europe, I can not forget, That His Majeſty Expreſſing ſome Concern at it, Returned, I have done all I can in that Affair, but I do not ſee a Temper in either Nation that looks like it—; And added, after ſome other Diſcourſe, It may be done, but not yet.

[33] During the whole Reign of this Prince, the Breaches between the two Kingdoms rather Widened and Increaſed, than tended to a Cloſe, and ſeveral National Unkindneſſes paſt between them, which prepared both Sides as it were to Reflect upon, and Re⯑proach the other; There wanted not alſo a Set of wicked Inſtru⯑ments always to blow the Coals of Diſcord between the Kingdoms into a Flame, and if poſſible, to bring the Nations to a Rupture.

Some of theſe Paſſages which, I ſay, tended to Eſtrange the Na⯑tions, and as it were prepare them for a Breach, rather than for an Union, were theſe,

All theſe Things concurred, to convince thoſe that had the leaſt Knowledge of Affairs in both Kingdoms, that nothing but an Uni⯑on could prevent the Nations falling all to pieces, as ſoon as ever the Queen ſhould Die, if not ſooner; and that therefore it was immediately and heartily to be ſet about, as the only way to pre⯑ſerve the publick Tranquillity, and prevent the certain Miſchiefs that threatned the whole Body.

I ſhall not enter into a particular Hiſtory of theſe ſeveral Caſes, as being too tedious for this Tract, but as 'tis neceſſary to ſay ſome⯑thing of them, to convey the right Underſtanding of theſe Matters to Poſterity, and that more regularly to introduce the General Thing I am upon, viz. The Union, I cannot wholly Omit them.

And Firſt, For the African Company, the large Commiſſion that Company obtained, by which they ſeem'd to Rival the Engliſh, both in their Guinea, Eaſt-India, and Weſt-India Trade, was ill reliſh'd by the Engliſh, who at that Time were in an Odd and Unſettled Poſture, as to thoſe Trades at Home. And as this is not rightly un⯑derſtood by a great many, that run round about for Reaſons of the Engliſh Parliament's falling upon that Affair, it may not be a miſs to ſet it in a clearer Light.

The Engliſh East India Trade, being for a long time Preſcrib'd in the narrow Limits of an excluſive Company, who Tyrannized not a little in their abſolute Management of that Trade, and be⯑came Grievous to the reſt of the Merchants, many Attempts were made to lay open their Stock, and Increaſe ſo great, and ſo Bene⯑ficial a Trade; But the Company withſtood all the Attempts that way, and kept all Invaders off; till at laſt by the mighty Advance of Two Millions to the Government, the New Eaſt-Indian Company got a Charter, and ſet up againſt them—; How they Rival'd [34] one another, and with mighty Struggles, too much Embarraſſed the whole Nation; till the King himſelf was obliged to concern himſelf in Uniting them, and how he brought that great Work to paſs, are Things not ſo much to my preſent purpoſe; But at this time, viz. 26 June 1695, the Scots Company obtained their Settle⯑ment.

What ever Proſpects the Projectors of that Company had in their View, ſome of which will, I doubt, hardly bear a Hiſtory, I never heard one of them pretend, That either the Stock to carry it on, or the Market for their Trade, could be found in Scotland, and from hence, with other particular Objections, which I believe they never Debated, I pretend to ſay, They could never really pro⯑poſe any rational probability of Succeſs.

If they imagined to obtain Help from Abroad, they indeed were in the right, for they could not but know, That the Merchants in England would leap at a Propoſal to get into the Eaſt-India Trade, free from the Bondage of the Company mentioned before—; But if they imagined alſo, That this could do leſs than Embark the Engliſh Government againſt them, and bring the Publick to concern themſelves about it, they were exceeding Short-ſighted, or muſt at the ſame Time believe, the other very Ignorant in the Affairs before them.

The firſt Step the Company took, was to open Books for Sub⯑ſcriptions at London, and afterwards at Hamburgh, and this was no ſooner done, but the Engliſh Company took the Alarm at both; and obtained by their Intereſt with the Government, Inſtructions to the Engliſh Reſident at Hamburgh, to Oppoſe it there, which was done moſt effectually. The Engliſh Reſident, as it was ſaid, ta⯑citely Threatning the Hamburghers, That the Engliſh ſhould remove their Staple of Cloth to the City of Bremen, and ruine the Trade of Hamburgh, whether he did actually Threaten them ſo or no, I do not Affirm, but 'tis certain, he ſo managed Affairs, that the Subſcriptions begun there, were ſtopt, and the Deſign on that Side effectually ruined; Then they, I mean the Engliſh Eaſt-India Com⯑pany, Applyed themſelves to the Engliſh Parliament, and by offer⯑ing plauſible Reaſons there, ſoon obtained their Votes againſt it alſo, and againſt any of the Subjects of England Subſcribing to it, and the Scots Merchants who had ſubſcribed in England, were or⯑dered to be Impeacht of a Miſdemeanour, tho' the Parliament being near a Cloſe, thoſe Impeachments dropt of courſe.

Theſe things had the deſired Effect, for they cruſhed the Attempt of raiſing a New Eaſt-India Company in theſe Parts of the World, and the Projectors then played their other Game of Darien, in which they had the ſame Unhappineſs, viz. To put the Engliſh Na⯑tion under a Neceſſity of Oppoſing them.

I do readily allow, the firſt Scheme of a Trade to the Eaſt-Indies had a Probability of Succeſs in it, a Thing I can not grant to the Affair of Darien; which, I think, had not one Branch belonging to its Contrivance, but what was Big with neceſſary Abortions, [35] ſuch as remote Mines of Gold to be gained and maintained by Force againſt the Spaniards, in which England could not without Breach of Faith aſſiſt, ſuch as a Trade for European Goods with the Spaniſh Colonies, which muſt always have been by Force or by Stealth, and neither of theſe had any Rational Probability.

As to their Trade over Land to the South Seas, and thence to the Indies, tho' much boaſted of, it anſwers for it ſelf, and ſeems a too Impracticable Whimſy to merit any Reply, much like that other Dream of making a Navigation, or Communication between the South Seas and the Gulph of Mexico, by the River of Darien—; Which, if all were done, and the Diſtance meaſured to that Part of India, to which we chiefly Trade, viz. The Coaſt of Coromondel, Surrat, Bay of Bengal, &c. I think any Body will de⯑termine the Voyage by the Cape de Bon Eſperance, the better Paſſage by much, and very little if any thing longer.

But to come to the Caſe, the Company, or rather the Projectors, who had now embark'd the Gentlemen in a Subſcription of 400000 Pounds Sterling, carried on their Deſign, and with Two Ships.

Men and a Cargo perfectly unqualified for any kind of Trade, ei⯑ther with Engliſh, or Spaniards, ſet Sail, and landing at Darien, made a Settlement there, fortified themſelves, and prepared to maintain it.

The Spaniards, who claim a Right there, and whether that Right be diſputeable or no, is not the Queſtion here, immediately pro⯑ceed by a double Method, firſt, To prepare to diſlodge them by Force, and ſecondly, Apply themſelves to the King of England, claiming, by virtue of the Treaty made with England, Ratified and Exchanged, That no Succour ſhould be given to the Scots from any of the Engliſh Colonies in America.

This, as an expreſs Stipulation, could not be denyed by the Eng⯑liſh Court, and accordingly a Proclamation was exhibited by the King of England, and ſent to all the Engliſh Plantations, forbidding Trade or Correſpondence with them.

I cannot help ſaying, had the Managers of the Companies Af⯑fairs had the leaſt Forecaſt of Things, they could not but have expected all that happened here; And alſo might have known, That, had they Acted right, thoſe Proclamations could have done them no manner of Damage.

Whover has the leaſt Knowledge of the Affairs of that Country, and of the Trade of the Engliſh Colonies, muſt needs know, That, had the Scots Company, who had plac'd themſelves at Darien, been furniſh'd either with Money, or Letters of Credit, they had never wanted Proviſions, or come to any other Diſaſter, notwithſtand⯑ing the Proclamations of the Engliſh againſt Correſpon⯑dence.

Nor will any Man be ſo vain to ſay, That they ought to have ventured on ſuch a Settlement, depending on Supplies from the Engliſh, eſpecially when, in their Affairs of Hamburgh and London, which were before all this, they had ſeen the Engliſh concerning [35] themſelves againſt their Company; Much leſs ſhould they have gone to Plant themſelves in a Climate unfit for Product it ſelf, with neither Caſh, nor Credit, to Buy in other Places.

At laſt 'tis apparent, That, notwithſtanding the Proclamations, and after all the Officious Care of the Governours of the Engliſh Colonies, yet ſeveral Sloops of Proviſions came to them, but found them on the other Hand unfurniſh'd to purchaſe, except with ſuch Goods as were fit for no Market, nor could they give Bills any where to make Good the Value.

The Trade to the Spaniſh Weſt-Indies is forbidden in thoſe Parts, under the ſevereſt Penalties of Loſs of Goods, Confiſcation of the Ship, and Death of the People; And yet we ſee, That, at Ja⯑maica for the Engliſh, and Curaſoe for the Dutch, they carry on a prodigious Trade encouraged by the Gain of it.

Had the Scots at Darien had any thing ſufficient to encoutage the Traders thither, they had never wanted Proviſions; And as they were unprovided that way, they muſt have ſtarved, had there been no Prohibitions at all, for they would have found few of the Planters, or Merchants of the Colonies, inclined to have furniſh'd them without Money.

This I think clears up the Caſe ſufficiently, and therefore I ſhall ſay no more to it here; 'Tis thus far to the preſent Purpoſe, That, This Diſaſter of the Scots, be the Fault where it will, was one of the great Occaſions of Ill Blood between the Nations, while thoſe that took all Opportunities to widen our Breaches on both Sides, con⯑tinually cryed out in England, That the Scots were encroaching upon our Trade, and ſetting up a New Eaſt-India Trade—; And, on the other Hand, in Scotland, they complained of the Un⯑natural and Barbarous Treatment of the Engliſh—; Both which took with the Common People of either Nations, to the Un⯑ſpeakable Diſquieting of their Minds, and raiſing continual Re⯑proaches againſt one another, without giving themſelves leave to enquire into the Grounds and Reaſons of Things.

I have been the larger on this Head, becauſe I think this to be the firſt Handle that our Quarrelſome People took Hold of to Ob⯑ject againſt one another, and on which the future Jealouſies between the Nations were pretended to be built.

The Affair of Glenco was another Step to National Breaches; And tho' every Body tells me, I muſt handle this very gently, perhaps they may ſee, there is not ſo much Cauſe for it, as they imagine.

And having the Honour to have had ſomething of this from Perſons very near the King, and perhaps from His Majeſties own Mouth; I ſhall only ſtate the General ſo far as it has been report⯑ed to the Injury of that Glorious Prince, and to the exciting Natio⯑nal Animoſities between us.

In doing this, I ſhall only avoid Naming of Perſons, let the Guilt dye in their Graves, we are not now calling up the Perſons to Judgment, but ſetting the Matter in a clear Light.

[37] That the Glenco-men among ſeveral other Clans of the High⯑landers, were Enemies to the Government at that time, had been in Arms under Dundee, and had on all occaſions ſhown their impla⯑cable Averſion to King William, and all the Intereſt of the Revolu⯑tion, needs no Proof, and is own'd even by the greateſt Friends to the Cauſe.

That theſe People were not only very troubleſome, bu tdange⯑rous, and had committed ſeveral Hoſtilities, Murders, Robberies and Depredations, on both the Innocent Country People their Neigh⯑bours, as well as on the Garriſons of Souldiers plac'd on that ſide to ſuppreſs them, is alſo out of diſpute.

The Defence made for this is ſhort, That they were fair Enemies and had profeſſ't open War.

It is Anſwered thus, That

As His Majeſty had this Account given him of theſe People, and I do not find but it was a true Account too, it was the Advice of the General and Officers imployed at that time, that it was a Miſ⯑chief which as Times then went might be very dangerous to the Pub⯑lick; & that therefore it behoved them to take ſome immediate Courſe with them; And ſince deſperate Miſchiefs require Remedies of the ſame kind, they thought the firſt Force the beſt, and propoſed to march immediately with a Body of Troops into the Place, and in⯑tirely root them out as a Den of Thieves and Deſtroyers, without which the peaceable Subjects could never be ſafe, nor the Govern⯑ment be eaſie; That the Charge of maintaining Troops there, was an in⯑tolerable Burden to the Countrey, and as there was no other way could prevail to preſerve the Peace, it was abſolutely neceſſary to come to Extremity.

His Majeſty, who by his Experience in Military Affairs, was ſoon convinc'd both of the Juſtice in Point of War, & Neceſſity in Point of Government of this Advice; yet out of His meer Goodneſs of Diſpoſition & general Clemency, anſwered, He agreed to their Reaſons, but requi⯑red that before any ſuch Extremities ſhould be uſed with them, a Proclamation ſhould be publiſhed, offering Pardon, or Remiſſion for all Violences, and Villanies paſt, to all theſe People without Excep⯑tion, who within a certain time ſhould come in, lay down their [38] Arms, and ſubmit to the Government, and take the Oaths as peace⯑able Subjects.

'Tis here viſible that His Majeſties Intentions were not only Juſt and Honourable to theſe People, tho his implacable Enemies, but that he reſolved like a merciful Prince, to try all reaſonable Me⯑thods of Tenderneſs, and Goodneſs, if poſſible, to keep the Peace, and ſave the Offenders too.

With this Proclamation, Commiſſion was given to the Military Power, if this merciful Method could not prevail, they ſhould proceed to Extremities; and by Force of Arms deſtroy all thoſe that ſhould ſtand out, and not comply with the Proclamation. And His Majeſties Orders were, as far as relates to this part, as follows.

The Inſtructions were to Sir Thomas Livingstoun, dated Jan. 11. 1692. the firſt Clauſe is thus,

You are hereby Ordered and Authorized to march our Troops which are now posted at Innerlochie and Innerneſs to act againſt thoſe Highland Rebels who have not taken the benefite of Our Indem⯑nity, by Fire and Sword, and all manner of Hostilities, to burn their Houſes, ſeize or deſtroy their Goods, Cattel, Pleniſhing or Clothes, and to cut off the Men.

The Fourth Article runs thus,

That the Rebels may not think themſelves abſolutely deſperate, we allow you to give Terms and Quarters, but we are ſo convinc'd of the Neceſſity of Severity, and that they cannot be reclaim'd, that we will not allow you to give any other Terms to Chiftains, Heretors, or Leaders, but to be Priſoners of War, whereby their Lives are ſaved; but for all other things they muſt ſurrender on Mercy, and take the Oath of Alledgeance.

In Additional Inſtructions, one Clauſe is thus dated 16 Jan. 1692.

If that Mackean of Glenco and his Tribe can be well ſeparated from the rest, it will be a proper Vindication of the publick justice to ex⯑tirpate that Sect of Thieves.

Thus far I think I may undertake to ſay His Majeſty proceeded, by the known Cuſtom of all the moſt juſt Governments in the World, and it would be needleſs to Examine Hiſtories to bring Precedents here to juſtifie the Method.

It is certain, and all Men allow that the Glenco-men had not com⯑plyed with the Proclamation; Nay they had rejected two Indemni⯑ties.

I know 'tis objected, that Glenco came and took the Oath ſix days after the time, made a legal and juſt Excuſe, and ſent word of his willingneſs to comply with it, and that it was only a Treſpaſs of Time, which they ſuppoſed he had repaired, that the end of the Proclamation was anſwered, and that the King who was mercifully inclin'd, would never have taken the Lives of People reſolved to ſubmit for a Treſpaſs of days.

To this I anſwer, as His Majeſty himſelf did in that Caſe, that indeed had he been in the Field, and on the Spot, and that Excuſe had been ſent to him, he might have accepted it—, But that as [39] Commiſſions in Caſes of War, are to be punctually Executed, he could not require it of the Officers to accept it, as an Excuſe againſt a poſitive Proclamation, and an expreſs Order; Beſides, I do not find any, but the Chief had gone thus far, the reſt not having come in at all.

It is alledged, That the Execution was from private Malice—; but none could ever yet have the Face to charge His Majeſty with that, and I could never hear of any Reaſon given why the Com⯑manders of the Forces ſhould have any, much leſs thoſe at whom the Scandal of it was pointed, upon pretence of giving Unwar⯑rantable Orders.

But the Caſe chiefly lyes here, the Men fell under the Misfortune of a Criſis in War, they brought themſelves into it by an Omiſſion of Time, to ſay, They could not avoid it, does not reach the Caſe, if the Officers can be charged with any private Revenge in this Caſe, I have only this to ſay.

If the Commiſſion given was Executed with Barbarity, and Blood, Killing People in what we call cold Blood, ſurprizing them in Peace, and Dependence on Safety, all this will turn upon the Merits of the firſt Cauſe; For if they were by the Laws of War to be Deſtroyed, all manner of Surprizes become Juſtified by the ſame Law: As to the Cruelties and Exceſſes of the Furious Soldiers, no Man can have the Face to Reproach His Majeſty with that.

The Grand Queſtion remains yet behind, Why did not the King cauſe the Offenders to be made Examples, and ſeverely puniſh the Murderers.

I ſhall Anſwer,

As to National or Civil Juſtice, the Memory of the King can never be Reflected upon in that, unleſs ſome Perſons had purſued them at Law, obtained Sentence againſt them, and His Majeſty had Protected them from the Proſecution or Execution of ſuch Sen⯑tences.

Thus far, I think, the King himſelf is intirely clear of this Mat⯑ter, who elſe may have been Guilty, and how, either of breaking Orders, going beyond them on Niceties, and Executing them with Barbarities, I have no Occaſion to enter upon here; I ſhall be far from Defending ſuch Things, and I am ſure His Majeſty was far from Approving it.

But this is more compleatly Anſwered, by putting the World in mind, That His Majeſty did refer the Proſecution of that Affair wholly to the Parliament, as more particularly appears by the Par⯑liaments Addreſs of Thanks to His Majeſty for ſo doing.

And that in their Proſecution, they found no room for legal Pro⯑ceſs, except againſt the Officer who Executed the Orders in a man⯑ner ſo Barbarous, which Officer fled from Juſtice, and was Pro⯑ſcribed for not Compearing.

So that here was no legal Proceſs interrupted, but all was Frank⯑ly remitted by His Majeſty to the ſevereſt Methods of Juſtice, which if it would not reach the Perſons concerned, 'tis very hard the Slander ſhould reach the King.

It might be ſaid here, You have no Occaſion to Defend the King's Memory in this Caſe, ſince the Parliament of Scotland clear'd His Majeſty, by their Unanimous Vote of 14th. of June, viz. That His Majeſties Inſtructions contained no Warrant for the Execution of the Glenco Men.

I ſhall only Note, That it is true the Parliament paſt ſuch a Vote, and 'tis as true, the King reſented very ill their Uſage of him, as he had great Reaſon to do, frequently repeating, That he Thank⯑ed the Parliament of Scotland, they had uſed him better than Eng⯑land had done his Grandfather, for they had Tryed him for his Life, and brought him in NOT GƲILTY. I muſt confeſs, it was very Unaccountable the Houſe ſhould paſs ſuch a Vote upon their Sovereign, whom no Man had had the Impudence to owne a Re⯑flection upon in the Caſe, tho' they did it Clandeſtinely; and it had much better have become them, to have Searched after, and Puniſhed thoſe that Slandered the King on that Account.

But the Reproaching the King, and thoſe imployed by him, and who under him gave Orders in it, had its Party Uſes; what End it anſwered at that Time, is very well known, and would make a very good Hiſtory, to the Reproach of ſome Pretenders to Revolu⯑tion Principles; But I chooſe to bury theſe Things in Silence, nei⯑ther are they any part of this Deſign.

I have Aſſign'd this as a ſecond Ground of National Animoſity, not that it was Acted by any of the Engliſh Nation, but as the [41] Gentlemen who improved it, turned it all againſt the King, it was ſtill furniſhing matter of Railry againſt the Revolution, and Suc⯑ceſſion, which both turned upon one Point, and was now ſup⯑ported and puſht on in Scotland, by the Intereſt and Influence of the Engliſh Court.

I have Digreſt upon the Subject on no other Ground, than to clear up the Reproaches which Envy would fain fix on the King and his Memory, which, I think, not at all accountable for it.

3. The next General Head, on which our National Diſcontents have been Revived, and indeed which has been ſtrangely Iſſued, has been the Succeſſion of the Crown.

This has a long Chain of Derivations to fetch it from, but I'll Contract them into as ſmall a Compaſs as I can.

The Original of the whole Debate is to be placed, if we will do Juſtice, in His late Majeſties ſincere and conſtant Care for the Peace and Security of theſe Kingdoms.

The King had ſeen the Proſpects of an Ʋnion fly like a remote Shadow, as it were out of Ken, and finding reaſon to lay aſide the Thoughts of that bleſſed Conjunction, he found the next Step needful was, to preſerve the Publick Peace, and hand down our Liberties to Poſterity, under the ſame Security he had ſo happily Fixt them in; in order to this, His Majeſty began to ſet himſelf ſeriouſly to Work, to ſettle the Succeſſion of the Crown in the Proteſtant Line.

Before I enter into this large Field, I muſt take one Opportunity more to Exalt the Memory of the King, and put theſe Nations in mind of the Care that Prince took, abſtracted from his own In⯑tereſt, to ſettle both the Liberties and Religion of this Iſland, in ſpight of all the ill Treatment he met with here.

Upon the Revolution, a great deal of Clamour and Reproach had been Level'd at the King, as if he purſued his own Intereſt in the taking the Crown of England, tho' I muſt acknowledge I am at a Loſs, to find out what he Gain'd by it, tho' I have had Opportunities to know ſomething of His Majeſties Affairs; But ſure, no Body could Charge His Majeſty with having an Eye to his Intereſt, in what ſhould happen after his Death; He could have nothing to propoſe to himſelf beyond the Grave; It could be of no Moment to him, who ſhould Enjoy the Crown after him, ſince he had no Children of his own, nor could he expect the Succeſſion ſhould come to any Branch of his Family.

Covetouſneſs and Ambition may guide Princes in their Purſuit of Honours and Poſſeſſions, to themſelves and their Families, but when a Prince has no Family, no Relations that can Enjoy after him, it can not be Rational to talk of Ambition or Intereſt in that Caſe.

His Majeſties Memory is therefore Untainted, and even the Ene⯑mies of his Fame are Defeated here; for the very pretence fails them, his Anxiety for the Settlement of the Succeſſion, could ſavour of nothing but a meer Concern and Reſpect for the Intereſt, Safety, [42] and Liberty of the Countrey, and let any Man give any other ra⯑tional Account of it, if he can; But this is by the way.

In purſuit of this Original Deſign, His Majeſty laid the Ground-Plot of the Succeſſion to the Houſe of Hannover, went himſelf to Hannover, and thence to Zell, to Concert the Meaſures of it on that Side, Maſter'd ſome Difficulties there too, and then propoſed it to the Engliſh Parliament.

How it paſſed in the Engliſh Nation, what Oppoſition was made to it there, and by whom, what ſubſequent Laws were made to ſtrengthen and ſupport it, is not much to the preſent Purpoſe to Examine, Hiſtories are full of the particular Circumſtances, and no Body that knows any thing of what paſt in thoſe Times, can be ignorant of it.

It remained only to make the ſame Proviſion for Scotland; and the King began to turn his Eyes thither, when he was taken off by Death; And Queen ANNE Succeeded not to his Crown only, but to the ſame Care and Concern for the Publick Peace, and for the Settlement of the Nations, by ſecuring the Succeſſion of the Crown.

But to look into Scotland a little, the Scots receiv'd the Propoſal of the Succeſſion, with more Coldneſs & Diffidence than was expected; and the Heats occaſioned by the Debates on both Sides, were Ex⯑traordinary; The Oppoſition made to the Continuation of their United State in a Succeſſor, had a ſpecious and moſt unanſwerable Pretence to be made for it, tho' it was made Uſe of by two ſorts of People, with a quite different Proſpect.

The Scots had been very ſenſible of the viſible Decay of Trade, Wealth, and Inhabitants in their Country, even from the firſt giving away their Kings to the Engliſh Succeſſion, and as the Sinking Condition of their Nation, was plainly owing to the Loſs of their Court, Concourſe of People, the Diſadvantages of Trade, and the Influence the Engliſh had over their Kings; So it was as plain, there was no way to Recover themſelves, but either better Terms of Union and Alliance, or a Returning back to their ſeparate Self-Exiſting State.

The moſt Confidering and Diſintereſted People, Reflected back upon their Eaſie Complying with the Engliſh, and Joyning with the Revolution, without any Conditions made for themſelves with England as a Nation; And plainy ſaid, If they had demanded bet⯑ter Terms, they might have had them, ſince their Joyning at that Time was a Thing of ſuch Conſequence, and upon which ſo much did Depend, that England could not have denied them, and what they had to ask was ſo reaſonable, that nothing in reaſon could have been objected.

The People who were of this Opinion, being ſome of them at the ſame Time, as far from Embarking in the wrong Intereſt, Mov'd Strenuouſly for a Treaty with England, to aſcertain the Con⯑ditions, Chiefly reſpecting Commerce, on which they were willing to [43] ſettle the Crown; but were Unanimouſly for refuſing to ſettle it at all, but with ſuch a Treaty.

As theſe Gentlemen inſiſted upon a Treaty with England, in caſe they ſettled the Succeſſion with them, ſo they conſidered in the next place of Limitations, both in caſe of failing of ſuch Treaty, or in caſe of its being Concluded, in order to preſerve the Liberties of the People, and to Aſſert the Right and Power of Parliaments; And one of theſe Limitations was, That in caſe the Treaty did not ſucceed then in the ſettling the Crown, it was Provided, the Suc⯑ceſſor ſhould not be King or Queen of England.

And yet I confeſs it ſeems plain to me, the Deſign of theſe Peo⯑ple was not againſt having the Succeſſion ſettled even in Conjuncti⯑on with England, as it now is, and their General Behaviour ſince, Confirms this Opinion, beſides the General Character of the Men themſelves, but their Deſign appeared plainly to bring England over to ſuch Terms in Matters of Commerce, as really it appeared Scot⯑land wanted, and as England ought to Grant.

'Tis true, a Party Joyn'd in this, that were againſt any Conjuncti⯑on at all, that were againſt any Succeſſion but that of King James, and whoſe real Deſign was againſt the General Correſpondence of the Nations, and both Sides had People among them who made uſe of theſe Things, further and further to Divide the Nation.

Nor did they fail of Succeſs, for this was taken very Hainouſly in England, eſpecially by the ignorant kind of People, and they began in England to Treat the Scots very Courſely; The Writers of the Age began to Diſcuſs the ſeparate Sovereignties, and Exalt the Titles of either Side.

In England, one Doctor Drake Writes a Preface to an Abridge⯑ment of the Scots Hiſtory, wherein ſpeaking ſomething Reflecting upon the Freedom and Independency of Scotland, the Scots Parlia⯑ment cauſed it to be Burnt by the Hangman at Edinburgh. Another Engliſh Author Writes of the Abſolute Dominion of the Engliſh Crown over the Crown of Scotland, but he received the juſt Pu⯑niſhment of being little regarded; Another Writes of the Eaſineſs of Reducing Scotland by Arms—. Againſt theſe Mr. Anderſon, Hodges, and others, Write of the Antiquity, Freedom, and Inde⯑pendency of Scotland, Aſſerting it in the Face of the World, for which Books the Parliament Rewarded them publickly.

Thus, on both Sides, the Caſe ſtood between the Nations, a Pen and Ink War made a daily Noiſe in either Kingdom, and this ſer⯑ved to Exaſperate the People in ſuch a manner, one againſt ano⯑ther, that never have two Nations Run upon one another in ſuch a manner, and come off without Blows.

The Heats on both Sides being thus ſtrangely blown up, and the People of either Kingdom beginning to run into Exceſſes—, juſt in this Juncture, as if the Nature and Neceſſity of the Thing had driven both Nations to it, the Queen propoſes to the reſpective Parliaments, a Treaty of Union to be begun between the two King⯑doms; This was in the year 1702, the Well-Wiſhers to the Na⯑tions [44] Peace earneſtly longed for this Union on both Sides; But I cannot ſay that they had equal Expectations of it, as Times then went.

It was the firſt year of Her Majeſty's Reign, and the Adminiſtrati⯑on of things being then in hands in both Kingdoms, which Her Majeſty afterward thought fit to change, there is not ſo much won⯑der why this Treaty came to nothing.

There had been Obſtructions to the Deſign in Scotland, where Things were yet carried with more Jealouſie of the Engliſh Court than afterwards they ſaw Reaſon to do; This occaſioned a Proteſt from one ſort of Gentlemen againſt the Queens Naming the Com⯑miſſioners to Treat—; But even the very Gentlemen who proteſt⯑ed, thought fit afterwards to come in to the Union as it was pro⯑poſed, and had no ſmall Influence in the Succeſs of it.

The Succeſs of the Union no doubt depended upon the Choice of the Perſons appointed to Treat, and this depended very much on the Repreſentation of the Miniſtry in either Nation to the Queen. As to the Miniſtry in Scotland I ſhall ſay nothing, the Gentlemen nominated there might perhaps have come into Meaſures for a Trea⯑ty well enough, moſt of the former Treaters being the ſame as af⯑terwards finiſhed it—; But the Deſign of the Miniſtry in England ſeemed to act upon Meaſures not ſo conſiſtent with the true Intent and Meaning of the Treaty as could have been wiſht.

Again the Jealouſneſs on both ſides about Church Affairs, in re⯑ſpect to the Union, were the ground of ſuch Difficulties as no Body could ſurmount, and lay as a Secret Mine, with which that Party who deſigned to keep the Nation divided, were ſure to blow it up at laſt, and therefore knew that all they did till that Point was diſ⯑cuſt ſignified nothing, and that when ever they pleaſed to put an end to it, they had an immediate Opportunity.

Without therefore entring upon ſuch juſt Reflections as I might very well be allowed to make upon the ſeveral Perſons, and Parts acting and acted in that, I had almost ſaid ſham Treaty, I may place the whole Miſcarriages of it very juſtly upon this one Parti⯑cular, viz, That the Affairs of Religion were left to the abſolute Determination and Appointment of the Treaters, and this might have inſtructed any Body that this Treaty would come to nothing, ſince it was morally impracticable that the Nice Article of Religion, as it particularly then ſtood between the two Churches, could have been ſettled to the mutual Satisfaction of both Kingdoms by a Com⯑miſſion, in which there was not one Perſon deputed or named by the Church, or inſtructed by them to enter upon the ſeveral Articles of a Treaty on either Hand.

I know it has been ſaid, and perhaps there may have been ſome Truth in it, That the Article of Religion was to have lien paſſive and dormant, and neither Side was to have concerned themſelves a⯑bout it, by which ſome would have had it underſtood, that either Side was to remain in the Condition they were then in—, and that this was the Meaning of the words of a certain Perſon, who when [45] he was ask't, what Care was taken of the Church in that Treaty, Replyed, For GOD's Sake, let Us have no more of that Jargon.

I confeſs, It's a charitable Conſtruction of the Words, to ſay, The Author only meant that Things ſhould be left to ſtand as they were, and the Treaters ſhould have no other Concern about it,—but I preſume thoſe People hardly conſidered that then the Eſtabliſhment of either Church had been left intirely to the future Diſpoſition of a Britiſh Parliament, who, whenever they were governed by a Majority on this or that Side might have Over-whelmed intirely the Scots Set⯑tlement, and erected Epiſcopacy upon them, or Vice verſa with the Church of England: And I preſume neither Church would have thought themſelves ſafe upon ſuch a Foundation, I am ſure, they would not have had Reaſon to have thought ſo.

Such a Precarious Union muſt needs have begot future Convulſi⯑ons in both Kingdoms; And if We may judge by what has happned ſince, the Treaters would have met with but very Ordinary Recep⯑tion in Scotland when they came Home, and the abandoning the Church to the Mercy of the Parliament, which was in Effect, giving Her up to the Church of England, would certainly have Inflamed the whole Countrey.

It is therefore the much kinder Reflection to ſay theſe Gentlemen never deſigned any Union at all, ſince to ſuppoſe the other, would be to ſuggeſt that they deſigned to give up their Native Countrey to a Bondage in Matters Religious, which they knew was Intolerable to their Countrey, and to lead them by the Hand to an Inevitable Breach between the Nations.

For this Reaſon I ſay, that Treaty was never ſincerely deſign'd; if it was, it muſt reflect either upon the Underſtandings, or upon the Integrity of the Perſons concern'd.

However, as I am here upon Matters of Hiſtory, and collecting together all that has been done with relation to uniting the King⯑doms, as well what was Abortive as what came to Perfection; I think this Work cannot be compleat without giving you the Minutes of this Treaty alſo, as far as it proceeded—; But becauſe I would not interrupt the Threed of Hiſtory, I have adjourned it to the Appendix, where you have it at large, as I received it from the hand of a Perſon of Honour and undoubted Integrity, who was one of the Commiſſioners to that Treaty, and wrote it down with his own Hand. The Minutes are marked in the Appendix (N 14.)

Upon the breaking up of this Treaty, three things happned to the further widening the unhappy Breaches between the Nations, which however they diſcovered the furious Temper of a Party of Men in both Kingdoms, ready and forward to inflame us and in⯑volve both Nations in Blood, yet their evil Deſign had this happy Iſſue, that it brought the Nations to the Griſis which inevitably brought on the great Treaty; it put us all into ſuch a Condition, that nothing but a Treaty for a nearer Union, or a Bloody and Ir⯑reconcilable Rupture could be the Conſequence—. And this I [46] take to be a moving Argument, which in the Judgment of the Mi⯑niſtry made the Treaty of Union abſolutely neceſſary, and thus the greateſt Good came out of the greateſt deſigned Evil.

The firſt of theſe was the Affair of Captain Green and the Ship Worceſter. About the (left blank) an Engliſh Ship called the Worcester of London, Captain Thomas Green Commander, Home⯑ward-bound from the East-Indies, put into Scotland, whether by contrary Winds, or for Convoy, or on what other occaſion is not to the purpoſe.

The African Company there having a Ship formerly ſeized by the East-India Company in London, as ſhe was fitting out in the River of Thames; And for which they had in vain ſolicited Reſti⯑tution, they obtain of the Government a Power to Seize and Stop this Ship by way of Repriſal.

Accordingly the Ship was ſeized on, and brought into Brunt-iſland, and ſome time paſſed while the Ship lay under ſuch Circumſtances.

During this Time, ſome of the Ships Crew, whether in their Drink, or otherwiſe, let fall ſome Words, implying that they had been Pirating, and particularly ſome very ſuſpicious Diſcourſes, in⯑timating that there had been Blood in the Caſe.

This prompted further Enquiries, and at laſt a plain and particu⯑lar Information was procured, that this Captain Green with this Ship Worcester had met with a Scots Ship commanded by one (left blank) Drummond in the East-Indies, had made Prize of the Ship, and Murthered Drummond and all his Crew.

Theſe ſuſpicious and dark Speeches were ſo taken hold of, and trac't, that at laſt it came upon the Stage, and brought Green and his Ships Crew into the Courſe of publick Juſtice, and after a very long Tryal, they were found guilty of Piracy, Robbe⯑ry and Murder; And particularly the Captain and five more were condemned to Dye for it, and the Captain with two more were ac⯑cordingly executed.

It is not the work of this Book to relate that Story at its full length, but I can not paſs it here without a ſhort Abridgement of the Proceedings; Becauſe as Scotland lyes under much Scandal on this Account, which, as to the Methods of publick Juſtice, I think ſhe does not deſerve, ſo the clearing up that Point, and the Relation it has to the preſent Subject I am upon, I think will come out Hand in Hand; and for that Reaſon I ingage in it.

Some of Green's Men, either in their Anger, or their Cups, or both, having let fall Words that rendred him very much ſuſpected of having been guilty of great Villanies, they were further watch⯑ed in their Diſcourſe by ſome that had taken hold of their Words, particularly two Negroes, one Haines, and another, who, it ſeems, being diſguſted at the Captain, frequently let fall ſuch Expreſſions as gave the Hearers Reaſon to ſuſpect there had been great Villanies among them. Theſe Speeches are all to be ſeen in the Depoſitions of the Witneſſes, too long to repeat here, and particularly in the Printed Tryal, to which I refer.

[47] I ſhall not take upon me here, either to Condemn or Acquit either Side, I know the World is divided on the Subject, ſome will have Green and his Crew, to be Guilty of all that is Charged on them; others ſay, The Company carried all againſt them, that they might have a good Pretence for Confiſcating the Ship. But be that as it will, it is moſt certain, the Folly and Imprudence of the Men Hang⯑ed them, to ſay no more.

From a little to more, from dark Expreſſions, they fell to down⯑right Quarrelling, and calling one another Names, which there ſeems to be good reaſon to believe, might in part be true on both Sides, For ſome of them, however innocent of this Matter, had been, it ſeems, Guilty of Wickedneſſes of other ſorts, black enough.

This Folly of theirs, came at laſt to ſuch a Hight, that it could be no longer Concealed, for it became the publick Diſcourſe, That they had been Guilty not of Murder and Piracy only, but of Un⯑common Barbarities, and not that only, but that it was particular⯑ly on a Scots Ship, and Scots Men, viz. Captain Drummond, as aforeſaid.

At length it was brought to the Ears of the Government, and as the publick Juſtice of all Nations is obliged to take Cogniſance of ſuch Horrid Things as were here ſuggeſted, the Fellows were Exa⯑mined, and they frankly Confeſſing, Green and five of his Men were taken up; The poſitive Evidence were only two Negroes, but others ſo Corroborated what they ſaid, and Circumſtances con⯑curring, to make almoſt every Body believe the Fact, at leaſt in that Hurry, they were upon a long Hearing ſeverally found Guilty of Piracy and Murder.

There are ſometimes ſuch Criſis, ſuch Junctures in Matters, when all Things ſhall concur to poſſeſs, not a Man, but even a Nation with a Belief, of what at another Time they would not believe, even upon the ſame Evidence; And, in this, Man ſeems acted by a kind of ſupernatural Influence, as if inviſibly directed, to bring to paſs ſome particular Thing pointed out by Providence to be done, for Reaſons of his own, and known only to his Inſcrutable Wiſdom.

Juſt ſuch a Caſe this ſeemed to be; the Circumſtances of Green and his Crew, were very Unhappy for them; Their being put into Scotland, where they had no manner of Buſineſs, no Diſtreſs to Force them in; Their being Seized by the Company, the Mens fal⯑ling out among themſelves, and being the open Inſtruments of De⯑tecting, what no one ever could ha' Charged them with, their ſtay⯑ing there when they might have gone, and had no more Buſineſs there, from whence ſome alledge, they had no power to depart; Theſe, and more concurring Circumſtances which were obſerved by the moſt curious, and ſome of which were Noted upon the Trial, ſeem'd to Jump together ſo viſibly, that all People ſeem'd to acknowledge a wonderful and inviſible Hand in it, directing and pointing out the Detecting ſome Horrible Crime, which Ven⯑geance ſuffered not to go Unpuniſhed.

[48] Nor was this the ſenſe of a few, but Generally ſpeaking of the whole Nation, I mean of conſidering People, and ſuch as uſually notice ſuch Things, and particularly of many of thoſe who cried out loudeſt of the matter, when it was too late to apply any Re⯑medy, in which, I cannot but think, they act Unkindly to their Country, and indeed very Unjuſtly, ſince, when the Conviction of ſuch Circumſtances was on the minds of the People, It is no wonder the Men were found Guilty by the Jury; and I perſwade my ſelf, they themſelves would have done the ſame.

On their being found Guilty, they were not immediately Executed, but ſeveral Applications were made to England for their Reprive; the Council of Scotland Reprived them for ſome Days; And as ſome People began then to object, That the Evidence was but too ſlight, and that there was but one Witneſs to matter of Fact, and that the one Witneſs was but a Negroe, That he was not capable of the Impreſſions of the Solemnity of an Oath, That there was Malice in it, and the like; On theſe, and other Conſiderations, the Govern⯑ment was ſo Tender of the Blood of the Men, that ſome have thought they had not Died, but for the Rage of the Common People, who hearing that they were further to be Reprived, got together in an unuſual Multitude, on the Day appointed for their Execution, crying out for Juſtice.

And this part of the Story, is the Occaſion of my relating ſo much of it, ſince the Tendency it had to Inflame the Nations one againſt another, began here.

On the Day appointed for Execution, the Privy Council was Set, and the Magiſtrates of Edinburgh were called to Aſſiſt—, where the Point was Debated, Whether the Condemned Perſons ſhould be Executed, or no; I will not ſay the Rabble Influenc'd the Council in their Determinations that way—; But this is certain, That the Diſcontent of the Common People was very well known, and that they were Furiouſly bent upon ſome Violent Methods, was very much feared—; That a vaſt Concourſe of People was ga⯑thered at that Inſtant in the Parliament Cloſs, at the Croſs, at the Priſon, and throughout the whole City, that they publickly Threat⯑ned the Magiſtrates, and even the Council it ſelf, in caſe they were not brought out that Day, and ſome talked of pulling down the Tolbooth, which if they had Attempted, they would have Sa⯑crificed them in a way more like that of De Wit, than an Executi⯑on of Juſtice.

However, it was the Council Determined the matter, that Three of them, viz. The Captain Thomas Green, John Mather, and James Simpſon, who were thought to be Principals in the Murder, ſhould be put to Death that Day.

When the Magiſtrates of Edinburgh came out, they aſſured the People, That they were Ordered to be Executed, and that if they would have a little patience, they would ſee them brought out; and this pacified them for the preſent.

[49] Soon after the Council breaking up, My Lord Chancellor came out, and driving down the Street in his Coach, as he paſt by the Croſs, ſome Body ſaid aloud, The Magistrates had but cheated them, and that the Council had repriv'd the Criminals—; This run⯑ning like Wild-fire was ſpread in a Moment among the People; immediately they ran in a Fury down the Street after the Chancellor, ſtopt his Coach juſt at the Trone-Church, broke the Glaſſes, abuſed his Servants, and forc't him out of the Coach; ſome Friends that were concerned for the Hazard he was in, got him into a Houſe, ſo that he had no perſonal Hurt: 'twas in Vain for his Lordſhip to proteſt to them that the Men were ordered to be executed, they were then paſt Hearing of any Thing, the whole Town was in an Up⯑roar, and not the Mob of the City, but even from all the Adjacent Countrey was come together, Nothing, but the Blood of the Priſon⯑ers could appeaſe them: and had not the Execution followed imme⯑diately, it cannot be expreſs'd, what Miſchief might have hap⯑pened.

At laſt the Priſoners were brought out, and led through the Streets down to Leith, the Place of Execution, being by the Laws appointed there for Crimes committed upon the Sea—; The Fury and Rage of the People was ſuch, that it is not to be expreſt, and hardly did they ſuffer them to paſs, or keep their Hands off from them as they went, but throw a thouſand Inſults, Taunts and Revilings; they were at laſt brought to the Gibbet erected at the Sea-Mark, and there hang'd.

Nor can I forget to Note, that no ſooner was the Sacrifice made, and the Men dead, but even the ſame Rabble, ſo fickle is the Multi⯑tude, exclaim'd at their own Madneſs, and openly regrated what they had done, and were ready to tear one another to pieces for the Exceſs.

This was not acted there with more Fury, than it was with the outmoſt Indignation reſented in England—, ſtill I am to be un⯑derſtood of the common People; For the Government of neither Side had any Reſentment or Diſpute, all things having been carried on by legal Methods, Proceſs and Tryal, according to the Form of Law and Uſage of the Country.

But here was new Matter for the Enemies of both Nations to work upon, and too much Fewel was thrown into the Fire of National Contention on both Sides.

In Scotland it was ſaid the Court of England would protect them, and they would be pardon'd, only becauſe they were Scots-Men that were murdered; And the like.

In England it was ſaid, the Rabble had cry'd out to hang them, be⯑cauſe they were Engliſh-men, that they had ſaid they wiſht they could hang the whole Nation ſo, and that they inſulted them as they went to Execution with the Name of Engliſh Dogs, &c.

Never was ſuch an unfortunate Circumſtance to exaſperate the common People on both Sides, and to fill them with irreconcile⯑able [48] [...] [49] [...] [50] Averſions that might prepare them for Blood, and if in England it had gone a little higher, it would not have been ſafe for a Scots Man to have walk't the Street.

Certain it is, that tho the Men had been innocent, for that was now alledged, yet as they were condemned by a due Courſe of Law, Tryed and Executed by the common Form of Juſtice in that Coun⯑try, and in the ſame manner by which their own Subjects were tryed and executed, the Fault muſt ly in the Witneſſes and the Jury that believ'd them; But there could be no pretence to make it a National Quarrel at all.

That in England it had been but too frequent to Try and Con⯑demn innocent Men, and that if Evidences ſwore the Fact, it might be the Misfortune of any innocent Man to fall under ſuch a Diſaſt⯑er, the Crime lay in the Villany and Perjury of Witneſſes, but the Nation could not be quarrelled on that Account.

But ſtill theſe Things left a Corroded Maſs of ill Blood in the Minds of the People on either Side, & as Improved by the Malitious Fomenters of our Diviſions, they were very Unhappy at that Time.

To Exaſperate the People yet more, it was reported, That Cap⯑tain Drummond was yet Living, that neither he, nor any of his Men was ever Touch't by Green or his Crew, and ſome Seamen who Landed in England, made Affidavit directly contrary to the Evidence that Hang'd them.

I ſhall no further enter into the Merits of the Caſe, than ſerves to the matter of National Heats—; The Thing was Generally, thought to be a haſty Execution, but the Argument, That it ought to be no Ground of a National Quarrel, prevailed in England, and the reſt of the Priſoners in Scotland were Reprived from Time to Time, and at laſt let go.

In both theſe Caſes, the Miſchiefs of Tumult and Rabbles is to be obſerved, and how eaſie it is to ſet Nations on a flame, by the Violent Fomenting the Paſſions and Humours of the People, and how much thoſe ſort of Men are to be Deteſted, who blow the Coals of Strife and Diſſention in a Nation, prompt the Fury of an Enraged Multitude to Fly in one anothers Faces, and Inſult the Laws and Governments of both Countrys at once.

The End of this Account, is to make out what I at firſt Noted, concerning the Cauſes which wrought theſe two Nations up to ſuch a Neceſſity of a Union, that either it muſt have been a Union or a War, the Animoſities on both Sides being raiſed to ſuch a pitch, that they could no longer have remained in the uſual Me⯑dium of Peace—; Nor was this Unhappy Story, the leaſt cauſe of the growing Averſion between us, which was now come to a very great Hight.

The ſecond Head, to which I aſcribe the growing Alienation be⯑tween theſe two Kingdoms, was the Act of Security in Scotland.

This Act made a great Noiſe in the World, and was magnified in England, to ſuch a Hight, that it was look'd upon as in effect a Declaration of War, to Commence at the Queen's Demiſe, and [51] however deſigned, was effectually made ſo, by what after hap⯑pened.

The Marquiſs of Tweeddale was High Commiſſioner to this Par⯑liament, a Perſon of Extraordinary Temper, Candor and Mo⯑deſty—; The matter of the Succeſſion had in the preceeding Parliament been rejected, on this Suppoſition, That it was not Pru⯑dent for Scotland to Joyn with England, except ſuch Conditions of Commerce and Navigation were firſt obtained by Treaty with England, as were Juſt and Honourable for Scotland, and abundance of Honeſt Gentlemen, who were far enough from ſo much as being ſuſpected of Favouring the Jacobite Intereſt, joyned together in this Demand; They were willing to come into the Succeſſion, pro⯑vided they had ſuch and ſuch Conditions, as they thought were reaſonable to be inſiſted on in behalf of Scotland, among which the Liberty and Freedom of Trade to the Engliſh Plantations was one—.

There were many very Learned Debates in the preceeding Par⯑liament upon this Head; Great and Popular Speeches made on the Subject—, and the Act of Security was offered, and Voted, but could not then be paſt, for Things began to run high in the Parliament, which occaſioned a Receſs.

This was taken in England in a moſt Hainous manner, and no⯑thing was now talked of there, but the Scots Buying Arms and Am⯑munition, Training and Exerciſing their Men, and Mighty Things were ſuggeſted in England, which the Scots might do, and ſome⯑times which they would do; The Printed News Papers gave a moſt Formidable Journal of the Duke of Athole drawing out his High⯑landers, Encamping three Days with Seven Thouſand Men, how Armed, how well Officer'd, and the like; Another Paper told the World of Sixty Thouſand Men in Scotland, Arm'd and Train'd, and ready to take the Field.

However abſurd theſe Things were, and that Wiſer Men who knew the State of Scotland, ſaw there was nothing in it, but what every Nation in the World would have done in the like caſe, that it was neither more nor leſs than Arming their Militia, and put⯑ting them into ſome Order, which, for ſeveral years paſt had been intirely neglected, yet I ſay, However abſurd the Suggeſtions were, they were Improved in England to all manner of Extremes, and ſome moſt ridiculous Exceſſes were run into, both publick and private.

It is, no doubt, but as Scotland was acknowledged to be Inde⯑pendent, whatever the forward Pens of our Politicians would have pretended, yet I ſay, being acknowledged Independent even by the Engliſh Parliament, it was a very material Thing to have Her Concur in Eſtabliſhing the Succeſſion of the Crown, on the ſame Perſon, as England had done.

Two Things mov'd in this Affair on the Engliſh Side.

Both theſe cried out, and Exclaim'd at this Act of Security, and repreſented it to the World, as if the Scots were going actually to ſeparate from England.

There was one Clauſe in the Act of Security, which intirely Ex⯑cluded the Succeſſor to the Crown from Governing both Kingdoms together.

This the Enemies of Scotland preſently Repreſented in England, as a Deſign to Reſtore King James, and a great many Honeſt People were brought in to believe, that the Scots even the Presbyterians themſelves, were ſo alienated from England, and ſo obſtinately bent againſt joyning with her on any account, that they would ne⯑ver again be under the ſame Head, nay that they would rather League themſelves with France, and reſtore King James, than come to any Terms with her. And this was as it were confirmed when the Scots ſubſequent to theſe things paſſed an Act for Trading with France, tho' as their Circumſtances then ſtood, it was very neceſſary to them.

Nor was this run to any thing leſs in England, and they began to talk loudly there of forcing the Scots to the Succeſſion; But this was by ſuch as either coveted a Breach between the two Nations u⯑pon any Terms, or really did not underſtand what they ſaid. The latter appeared by their printing ſome Pieces to prove the Right of the Houſe of Hannover to the Crown by Succeſſion, a Thing all People that kno' any thing of the Affairs of Europe, kno' it was the Foun⯑dation upon which the preſent Eſtabliſhment pretends to be built—, But on that much ſafer, and much more Divine Right of the Engliſh Conſtitution, and Scots alſo, I mean Parliamentary Limita⯑tion.

Things ran very high now in both Nations, the Meaſures ta⯑ken in Scotland ſeem'd to be very well grounded, and their Aim well taken, for either England muſt comply with Scotland, as to ſuch Treaties as were reaſonable, or elſe ſhe might have the Satiſ⯑faction to ſee clearly Scotland by this Act was plac't in an intire ſeparate State from her, who ſhe wou'd joyn with, what Prince ſhe wou'd bring in, where ſhe would beſtow her Crown, was not to the purpoſe; Two Things ſhe had made plain.

This effectually Settled and Declar'd the Independency of Scot⯑land, [53] and put her into a Poſture fit to be treated with, either by England, or by any other Nation.

Nor did the Apprehenſions which this gave the World of the Scots deſigning to reſtore King James do her any Diſſervice, for tho' nothing is more certain than that the Jacobites as they are called, conceived great Hopes from theſe Things, and flattered themſelves exceedingly, that the Return of their King, as they called him, would be the Effect of all theſe Breaches; And therefore fell in heartily with all theſe Things, and as far as poſſible carried on the A⯑verſion to a Settlement with England; Yet it is as certain, that the Gentlemen who mainly carried on this Project, had no more Eye that way than to the Great Turk, but were ſincerely bent to the Proſperity of their Country, and the Eſtabliſhment both Religious and Civil, as fully appeared afterwards by their heartily purſuing the Treaty that followed.

The Drift of the whole Matter was, the bringing England to Terms, bringing the Engliſh Nation to a Treaty, and tho' it is con⯑feſt that the Proſpect was Remote and Melancholly, England at the time being averſe to any ſuch thing; yet as theſe Gentlemen ſaw there was no other way to redeem Scotland from the Diſcourage⯑ment ſhe then lay under, with reſpect to the Abſence of her Court, the Dependance of her Gentry and Nobility, the Limitations and Reſtrictions of Trade, which by the Act of Navigation ſhe was fet⯑tered with, and ſeveral Diſadvantages her preſent Conjunction, which was made without any Treaty laid her under—, and therefore they ſtood ſtrictly and reſolutely to their Meaſures, and the more the Court in England puſht at her joyning in the Settlement, and uſed all poſſible means to bring it to paſs, the more averſe they appeared, and the farther they went off from it.

Thus I ſay this Act of Security being only attempted in the firſt Seſſion of Parliament, was perfected in the next, and every day fur⯑ther and further Advances were made ſeemingly to an entire and laſting Separation of the Kingdoms from one another.

There were other Steps made to this on both Sides as to Matters of Trade, as ſhall appear immediately.

England who was all this while under a very unhappy Conduct, and acted upon quite different Foundations, from what we have ſeen her happily brought over to ſince, took the worſt Meaſures upon the Scots Proceedings then, that ever a wiſe People could have taken; For the Engliſh Parliament ſitting ſoon after, viz. 1704. the Scots Act of Security came to be conſidered, and however influenc't by a pre⯑cipitant Party, God only knows, they paſt an Act in my Opinion the moſt Impolitick, I had almoſt ſaid unjuſt, that ever paſt that great Aſſembly.

This was that Act of Parliament, Intituled, An Act to prevent the Miſchiefs ariſing to England from the Act of Security in Scotland. In which they in a manner declar'd open War with Scotland, unleſs by the 24th of Decemb. the next year they ſhould ſettle the Crown in the [54] ſame Perſon as now ſettled in England—; For they appointed 24 Men of War to be fitted out, to prevent the Scots Trading with France, declared the Scots in England Aliens, and ſeveral other Ar⯑ticles, as in the Act it ſelf may more at large appear.

This was done in that famous Parliament, called, The Tacking Parliament, and it was the leſs to be wondred at, Becauſe, which is the Subject I am at preſent upon, the Heats between the Nations, which were at this time improv'd by the Parties on both Sides, were riſen to a very great Hight, all things tended to Exaſperations and Provocations, no Man of Temper ſeemed to ſhow himſelf on either Hand, and thoſe who bore the leaſt Regard to the general Good of both Kingdoms, foreſaw nothing but an unavoidable War between us; And indeed had Matters ſtood thus but a very little longer, it had been impoſſible to have avoided it, and that in a moſt unſeaſon⯑able time for Europe, which was then engaged in the moſt furious and moſt critical Juncture of the War with France, being the year before the Battle at Blenheim.

Thus the Party in Scotland who had laid their Scheme, in hopes that England would have come into Meaſures for the general Good, ſaw themſelves diſappointed; and tho' its true, that had England then ſeen with the Eyes of her National Underſtanding, and had ſhe not been ridden by a Party who openly purſued the Ruine of her ve⯑ry Conſtitution, I mean as eſtabliſh't on the Revolution Principle, I ſay, had ſhe not been under that unhappy Influence, ſhe had taken other Meaſures, yet as it was, nothing was to be expected.

However, the Gentlemen in Scotland happily reſolved to wait for the Iſſue of Things, and firmly adhered to their new Scheme; Scotland began to be talk'd up in the World a little, and theſe very Enemies who, as they thought, wounded her by talking up the mighty formidable Things this Act of Security might produce, really raiſ⯑ed her Reputation; nothing was more abſurd, than their allarming England at the Chimeras of their own Heads, ſuch as Scotlands buying 30000 ſtand of Arms in Holland, laying in 10000 Barrels of Pow⯑der, arming 60000 Men, and the like, all which in Reality was no⯑thing at all but muſtering their Train'd-bands, as they call them in England, and buying about 500 Barrels of Powder for the Caſtle of Edinburgh. In their allarming England I ſay, at theſe mighty things, they really raiſed the Reputation of Scotland in the World, and made her begin to make a different Figure in the Eyes of other Nati⯑ons, and there is no doubt had things gone on to a Rupture, as wic⯑ked Men on both Sides wiſhed, and good Men began to fear, Scot⯑land might have found ſome powerful Princes willing to have accep⯑ted her Crown, and to have in the mean time Supported, Supplyed and Encourag'd her to ſtand upon her own Feet.

But I'll do the Gentlemen who Managed this Affair, this Juſtice, that I believe they had it not at all in their Deſign, to fly to the Protection of any Foreign Power, no not to any Proteſtant Power [55] in Europe, unleſs Forc'd to it by the precipitant Meaſures England was then in all probability going into; and if they had done it then, I can not ſee how they could have been blam'd—. But as to the preſent State of Things, the Gentlemen who Managed this Part, ſeem'd to me, always to aim at obliging England to give them good Terms, and to put themſelves in ſuch a Poſture in the World, as ſhould make England ſee, it was worth their while to do ſo, as well as that they ought to do ſo; And this was ſo juſt a Step, and the Aim ſo well taken, as by the Conſequence appeared, that I think, 'tis the greateſt Panegyrick that can be made on thoſe Gentlemen, to ſay, They brought to paſs by it, all the great Things which GOD in his Providence has thought fit to do towards our Peace and Happineſs in this Iſland.

If they did not deſign this, or had not this Honeſt Aim in View, they leſs deſerve the Praiſe; but it is evident, Providence made their Meaſures Inſtrumental to bring it to paſs.

Thus ſtood the Affairs of this Iſland, at the End of the Year 1705, when the Averſions between the two Kingdoms, by the ſeveral Steps I have noticed, was come to a great Hight, the People ſeem'd Ex⯑aſperated againſt one another to the higheſt Degree, the Governments ſeem'd bent to act Counter to one another in all their Councils; Trade Claſh't between them in all its Circumſtances, and every Par⯑liament run further and further into the moſt diſobliging Things that could be: England laid a new Impoſt upon Scots Cloth; Scotland Prohibited all the Engliſh Woollen Manufacture in General, and Erected Manufacturies among themſelves, which, had they been prudently Managed too, might have been very Advantageous to them; But, of that by the way. Scotland freely and openly Ex⯑ported their Wool to France, Germany and Sweden, to the irre⯑parable Loſs of the Engliſh Manufactures, having great Quantities of Engliſh Wool brought into Scotland over the Borders, which, it was impoſſible for England to prevent; So that the Famous Trade for Wool to France by Rumney Marſh, commonly called Owling, was intirely Dropt, and France not Supplyed only, but Glutted with Wool.

On the other hand, England was proceeding to Prohibite the Importation of Scots Cattel, and to interrupt by Force their Trade with France, and had this laſt proceeded to Practice, all the World could not have prevented a War between both Nations.

But more prudent Counſels prevailed, and GOD's Providence Unravelled all theſe Schemes of Deſtruction, which mad Men had drawn for the Ruine of their Native Country; And as many times Things evil in their Deſign, are Over-ruled by an Inviſible Hand, and bring to paſs that very Good, which they were prepar'd to De⯑ſtroy; Even ſo it was here, for theſe Confuſions were the very Things that brought both the Nations to their Senſes, I mean, brought them both to better Temper—; The conſequences of a Bloody War juſt breaking out in the Bowels of their Native Coun⯑trey, in the Ruine and certain Deſolation of which they muſt ne⯑ceſſarily [56] have a great Share, opened the Eyes of the moſt thinking People on both Sides, even of thoſe who in themſelves had no real inclination to the Conjunction of the Kingdoms, and thus the Ne⯑ceſſity of taking new Meaſures began to appear both ways.

In England, the Weight of the preſent War which every Day rather Increaſed than Decreaſed; In Scotland, their declining Con⯑dition and Diſunited Circumſtances; in England, the matter of Se⯑curity in Scotland, the proſpect of Advantage, all concurred to ſway the Inclinations of Wiſe-men to heal theſe Breaches.

I have now ſhown by what Steps theſe two Nations were brought to the very Brink of mutual Deſtruction, and the Sequel of the Story will tell any body, who were the Parties that prompted both Nations to theſe Unhappy Extremes: I ſhall in the next place a little Examine how all this Tide of Miſchief and Folly turned, and how they began to come to themſelves in both Kingdoms, and this will ſo naturally lead us to the Hiſtory of the Union, that I can not think of a more proper Introduction.

The Party in England who had the Reins of the Adminiſtration in their Hands, had given other Teſtimonies than this of their precipitant Meaſures, and as they had made not this Nation only Uneaſie, but their own too, ſo as Things Generally take new Turns, when they come to Extremes, the Engliſh Nation began to be Allarm'd at the Proceedings, as tending to the Subverſion of all the Fabrick of Government erected by the Revolution.

The occaſion of all this, is too long to relate here, and the Hiſtory of the Tacking the Occaſional-Bill to the Money-Bill in that Par⯑liament in England, is too well known, to need any Recital. It is enough to ſay here, That puſhing at ſuch Hot Meaſures in England, as is uſual in all Precipitations, like an Ax ſtruck upon a hard Stone, the Blow rebounded, and the Weapon flew out of the Hand of the Unskilful Workman—; the Project fail'd, the Party Overthrew themſelves, and never Recover'd.

The Queen, far from approving the Extravagancies they were running Things to, and awakned by the Danger of her Peoples Li⯑berties, which were as dear to her ſelf as to them, finding to what Miſchiefs theſe Warm Gentlemen were leading her, and being by the goodneſs of her Diſpoſition, as well as Experience in the Engliſh Affairs, particularly Averſe to Things Hard or Severe upon her People, much more ſo to all manner of illegal Severities—, put a full ſtop to this Career of Miſchief—. And tho' indeed they had brought Things to the very Edge of Deſtruction both in Eng⯑land, on their own Buſineſs, as well as in the Affairs of the two Kingdoms, yet the Queen immediately ſhifting Hands, and Ap⯑plying with her uſual Wiſdom, to the Eſtabliſhing the Minds of her People, Retriv'd this whole Affair, reſtor'd England to the Tranquillity ſo much deſired, filled up her Miniſtry, and all Offices of Truſt, with Men of the ſame Candor and Moderation with her ſelf, openly Abandoned and Diſcouraged the Meaſures of thoſe People, who had run Things to ſuch Exceſſes, and Re-ſettled the [57] Minds of her People, Diſtracted with Apprehenſions of Ruine and Party-Confuſion.

Thus the Miniſtry in England was intirely Changed, the Lord Keeper, Sir Nathan Wright Depoſed, Sir Edward Seymour Compt⯑roller of the Houſhold put out of Her Family, the Earl of Not⯑tinghame Secretary of State, and ſeveral others laid aſide; the Props of the High-flying Party, as they were called, were left out of the Council, and removed from their Places in the Government.

In the ſeveral Countries, the Peoples Approbation of Her Majeſties Proceedings, and their Joy at this Change of Inſtruments, was teſti⯑fied by the Univerſal Contempt put upon the Affair of the Tacking; and of the Occaſional-Bill, as well as of all Hot Men and Hot-Meaſures; and this teſtified by the Change in their Elections of Parliament-men, a new Parliament being then to be Choſen, in which ſo General an Averſion to the Occaſional-Bill, or any thing Invading the Toleration, and particularly to the Affair of the Tack appeared, that in ſpight of all Oppoſitions a great number of the Tacking Members were thrown out, and ſuch a Change of Men appeared in the next Parliament, that whereas in the other Parlia⯑ment, the High-Party had a Majority of Sixty Two or there about, for every Thing they joyn'd in; On the firſt Tryal of the Strength of the Houſe, which was perhaps the Greateſt that has been known of late Years, it appear'd the Whig-Party had the Majority by above Seventy Voices, and theſe by the turning out ſeverals on the Trials of Elections, and other Circumſtances, roſe up to be above a Hundred, tho' after they ſeem'd to loſe ſome Ground again, but it did not laſt.

Things being thus happily turned in England, and the firſt Step for the Eſtabliſhing and Settling this new Party in their Seats of Management taken, it was wonderful to ſee the Change it made in all the Affairs of the Nation, how every Thing ſucceeded, unheard of Victories Abroad, unuſual Chearfulneſs at Home, and a new Face of Proſperity ſeem'd to Guild the Affairs of the Nation, the Feuds of Parties died in every place; Peace, Union, and Temper began to be the Companion of every Society, and the Ancient Animoſities between Neighbour and Neighbour, between Friend and Friend, which formerly crept, not into Society only, but even into our Families, and our very Beds, declined a pace; The Queen Encouraged Peace and Love, and Unity among her People, and preſſed the Nation to it upon all Occaſions, and all Good Men began to Encourage it by their Examples.

In this General Felicity of Affairs in England, Scotland came into Remembrance; Her Majeſty as having an equal Regard to the Good of all Her Subjects, and as being juſtly Concerned, not for the Change of the Temper and Condition of Her People only, but for the Continuance of it to them in Ages to come, could not but be Solicitous for the removing the Obſtructions which lay in the way on either Side.

[58] When the Wiſeſt Heads in both Nations had been Conſulted with on this Article, tho' Opinions differ'd, yet no Medium could ever be found ſo Effectual to ſecure this Peace, and remove all poſſibility of a Fracture, like renewing the Treaty of Union.

And thus I am brought down to the General Article of the Trea⯑ty, by the meer Threed of the Story, the Feuds of Parties, the Folly of Stateſmen, the Fury of Rabbles, and the General Revi⯑ving of the old Animoſities between the People, had been Screwed up to a dangerous Hight, as is Noted already, by that very Party, who had on all Occaſions, ſhown themſelves Enemies to the preſent Eſtabliſhment, and future Peace even of both Nations, and by this Method, they thought they had rendred the Succeſſion to both Crowns Impracticable for the Houſe of Hannover, and ſecured an inevitable Rupture between the Nations, when ever it ſhould pleaſe GOD to Remove Her Majeſty out of this World.

But great are the Wonders of Inſcrutable Providence, theſe very Schemes contrived in the Deeps of Infernal Malice, Brooded on by that Party who ever Envied the Liberty of Proteſtants, and the Tranquility as well as Privileges Enjoy'd by the People of this whole Iſland, and Hatch'd by the warm Influence of a reigning Party, by which they Flattered themſelves, They had effectually Overthrown the Project of a Union of the Kingdoms, made their Coalition Impoſſible, and all Schemes projected for it Impracti⯑cable; I ſay, theſe very Things made way for that ſame Union, they were Calculated to Deſtroy.

The Hight thoſe Meaſures I have been ſpeaking of, was brought to, made, as it were, a Force upon both Nations to come to this Treaty.

It was now but a few Months to come, when the Nations muſt di⯑rectly fall out, Engliſh Men of War muſt be fitted out to cruiſe upon the Scots, and we that conſented, or at leaſt did not ſcruple to have the Dutch carry on a free Trade with France, muſt go & fight with our own Brethren for it—; Whereas, had we been in our Trading Sen⯑ſes, we would have done it our ſelves.

The Criſis things were come to now, was ſuch, that they could no longer ſtand at a Stay, but we muſt fall out with the Scots, or unite with them, all Methods to bring them to ſettle the Succeſſion without a Treaty had been in vain uſed by the Party before, who would gladly have Tricked them into it, but the Scots were too wiſe to fall into that Snare.

The preſent Miniſtry were for fairer Dealings with them at the ſame time, wiſely concluding, that to gain of the Scots what they ought to grant, it was reaſonable to grant to the Scots what they ought to have—, and that a Treaty with them might be made ef⯑fectual, the only way was to ſet about it, upon an honeſt Foot, and then purſue it ſincerely, and not upon Sharping and Tricking on either Side as before.

[59] But there yet ſeemed to ly one invincible Obſtruction in the way of this Treaty, and that was the Act of Parliament paſſed in England the laſt Seſſion, which, as before noted, had declared a kind of War againſt the Scots, in caſe they did not come into the Succeſſion by ſuch a Day; And upon the firſt Motion to a Treaty, the Scots de⯑clared they could not enter into any Treaty with England, till that Act was Repealed.

This had indeed a great deal of Reaſon in it, and ſuch as could not be withſtood, for the Honour of the Scots ſeemed very much impaired in that Act, and that they could not come to a Treaty u⯑pon equal Terms while ſuch a Law ſtood in force upon them, which ſeem'd as if it had been a Sword over their Heads drawn to awe them into a Treaty.

The Queen, who was reſolved if poſſible to bring this great Event to paſs, and who ſtrove to do it ſo, as might give all Her Subjects Satisfaction, undertook to clear up this Difficulty, and at the next Parliament which met in England, Octob. 23. 1706, in Her Speech to both Houſes, Recommended the taking away of this Obſtruction, by Repealing that Act, in order to introduce a Treaty of Union, which Her Majeſty ſaw now more clearly in view than ever be⯑fore.

I know there were ſtrong Struggles in England againſt Repealing this Act, and that chiefly without Doors, the Party foreſeeing, that if this Step was taken in Parliament, the Union which they really dreaded would of courſe come upon the Stage, to this end it was re⯑preſented as Diſhonourable to make ſuch an Advance to the Scots: That it was an Inſulting of England to have the Scots ſay, they would not Treat with her till ſuch and ſuch Conditions were per⯑formed—; That this was letting the Scots preſcribe Prelimi⯑naries upon England, and if England complyed, it would make them more Encroaching.

But the Temper in the Parliament was quite different from this, it was plain there that the Scots were in the Right to aſk this as a Preliminary, that the Treaty would for ever be ſubject to this Ob⯑jection, that it was not free, but done under the Terror or Force of that Act of Parliament, that as it was not Honourable for the Scots to have a Treaty forced upon them under ſuch Circumſtances; So neither was it Honourable for England to force a Treaty upon them, that the Act was unreaſonable in its own Nature, that En⯑gland could have no pretence but meer Violence to intermeddle with the Scots Commerce, who were a free Nation, and ought to be at Liberty to Trade with any Nation that they thought fit to Trade with, that their Trade with France was done by their own Act of Parliament paſſed by the Queen, and was not inconſiſtent with, or contraveening any Treaty or Contract with England, that Scotland was under no Treaty of Commerce, or under no Ob⯑ligation to Trade, or not to Trade as England did; That as to the Confederacy, and the War in which they were embark't with Eng⯑gland, [60] that laid them under no Obligation, ſince the Dutch were in the ſame Confederacy, and yet openly proclaimed a free Trade with France; Nor did the Engliſh pretend to obſtruct them in it; That Scotland was as Independent of the Engliſh Government as the Dutch, and ought to be at liberty to Trade unmoleſted as well as they.

Theſe Arguments back't with an Adminiſtration of Government now quite recovered from the Tyrannical Principles of thoſe former⯑ly in Power, ſoon influenc't the Parliament to Repeal the Act, and take this Step by way of advance to the Scots, by which they let the Scots ſee they were in the hands of their Friends, that now they might expect fair Dealings, and had Room to Treat with Freedom and Honour.

This was a great Mortification to thoſe Gentlemen who had pro⯑moted that Act, who now together with their whole Party, ſet them⯑ſelves with all their Artifice to oppoſe the Treaty in all its Parts in both Kingdoms; to raiſe Scruples, imprint Jealouſies, Miſrepreſent Perſons and Things, embroil Councils, raiſe Scandals, and in ſhort to do every manner of thing they could to embarraſs and obſtruct the Treaty: And in the firſt place to prejudice the Minds of the com⯑mon People againſt the Union as ſuch. What fatal Succeſs they had, how they carryed it on, even beyond the Concluſion of the Treaty, with what Difficulties it was encountred, how begun, how carried on, how finiſhed, and how ſince aſſaulted, and with difficulty enough preſerved, will be the Subject of the enſuing Sheets.

Of the Laſt TREATY, PROPERLY CALLED THE UNION;
And, firſt, Of the Treaty in London.

[1]

I Am now come to the Great and Capital Treaty, which has at laſt, by the Bleſſing of GOD, been brought to a Happy Con⯑cluſion.—

I am not Inſenſible, That, in the ſtrange Variety of Circumſtan⯑ces, Changes of Proſpects, the Turns of Management, the Acci⯑dents and Niceties, with which it has been carryed on, the Infinite Difficulties the Zealous Promoters of it met with, the Reſtleſs At⯑tacks of a Strong Party to Diſappoint it, who never gave over their Struggle, no not even after it was done: In this Labyrinth of Untrode Paths, I may eaſily miſplace ſome things, and omit others; and I cannot but Introduce my Account of it with this Cau⯑tion, that tho' I believe no Man can have Collected with more Care, nor has had the Opportunity to Remark things with more Advantage, having been Eye Witneſs to much of the General Tranſaction, and furniſh'd by the beſt Hands with every moſt ſe⯑cret Affair in the Carrying it on; yet many Minute Things may have paſt my Pen, which it is impoſſible for me to Attone for, but by making this Proviſo, That the Reader may be aſſured, nothing Material can have ſlipp'd me; and I have uſed all neceſſary Cauti⯑on to furniſh my ſelf with the whole Truth of Fact, whatever Omiſ⯑ſion of Circumſtances I may make an Apology for:

I have already related the Iſſue of the Treaty begun the firſt Year of the Queen, and made my Obſervations of the Reaſon of its Miſ⯑carriage: It may be obſerved, That Her Majeſty underſtanding the true Reaſons of the Diſappointment, which 'twas thought lay in the Perſons Treating, particularly on the Engliſh Side, whoſe Diſpoſition to finiſh it for the Publick Good, it was ſuppoſed, did not appear at all to Her Satisfaction, in which I have further already Explain'd my ſelf, Obtain'd a New Act of Parliament in England, and the like in Scotland, Impowering the Queen to Appoint Commiſſioners on ei⯑ther Hand, to Treat of an Union between the Two Nations.—

And here 'tis neceſſary to obſerve, how well the Ground Plot of this Work was laid, that all Obſtacles might be removed, which might threaten it with another Abortion; It had been noted, that the moſt Dangerous Rock of Difference, on which this Union could Split, and which could now render it Ineffectual, was that of Religion: Here it was certain they could never Unite, and [2] the Breach therefore being Irreconcileable, the beſt Courſe that could be taken with it, was to let it quite alone as a thing neither ſide ſhould meddle with at all, and conſequently the Jealouſies and Suſ⯑picious on both ſides muſt vaniſh, and the great Obſtructions which the Enemies of the Treaty relyed on for its Miſcarriage were at once removed.

This was a Maſter-Piece of Policy, and ſhewed, that Her Maje⯑ſty had other Perſons to Conſult with, and had taken other Mea⯑ſures than before, and gave People very early Impreſſions of the Succeſs which has ſince appear'd.

But there was yet ſome Political Difficulty to paſs, and here be⯑ing to Tread Truth almoſt on the Heels, thoſe Readers that are willing to have it told plaineſt, muſt excuſe me for naming Peoples Names: I have avoided, on all Occaſions, the Mixing Satyr and Reflection in this Relation, as much as poſſible.

The Political Difficulties I ſpeak of here, and which I think gave the greateſt Shock to this Affair, conſiſt of two Parts,

The Vehemence with which the ſeveral Parties, who managed theſe Topicks, acted their reſpective and exceedingly remote Proſ⯑pects; and by what ſtrange Myſtery, concurring Providence, like the Wheel within all their Wheels, center'd them all, in Unit⯑ing the Nations; as it is a ſecret Hiſtory few underſtood, and may be as Neceſſary as Diverting, ſo the Heads of it may be view'd in the following Scheme.

When they ſaw it convenient, they acted againſt an Union in its general Term, and frequently ſome of the leſs Politick of that Par⯑ty let fall the Excreſcence of their Principles in direct Terms, and Pamphlets were wrote upon that Scheme, ſuch as one ſhewing the Neceſſities of a War with England, &c, another ſhowing the Ad⯑vantages of an Union with other Nations, and France in particu⯑lar; others argued continually the mighty Terms, and the Advan⯑tages of Commerce Scotland might obtain from France, and not only propoſed them as Equivalent to the Trade with England, but run on to ſuch weak Extremes, as to ſay, that Scotland made no Advantage of her Commerce with England.

But theſe may well be ſaid to be the leſs Politick Part of theſe Gentlemen who were in the Deſign above, for they loſt Ground even againſt the Union it ſelf by it; and when the Committee of Parliament, Appointed to Examine the Exports and Imports, Re⯑ported, That Scotland Exported to England above 200000 Pounds [3] Sterling per Annum in Linen, Cattel, &c. the Imports from thence appear'd ſo ſmall, that the Objectors dropp'd their Arguments upon that Head, and learn'd to talk with more Caution.

But the more Subtile Managers of this Deſign againſt the Succeſſi⯑on, went on by different Meaſures, and with great Policy they acted every Party, as far as they thought they could be brought in to be ſubſervient to their Deſign.

Thus firſt ſeeming to quit their direct Oppoſition to the Succeſſi⯑on, as a Thing too open, and too much Claſhing with the Temper of the Time, they fall in with that Party, who were for the Succeſ⯑ſion with Limitations; Not that they wou'd have concurr'd with the Event, had theſe Limitations been never ſo great, but that, in their Debating the Limitations, they might find Room to Clog the Succeſſion it ſelf, in ſuch manner as the other Party could by no Means accept of it.

From the ſame Principle proceeded that Famous Reſolve in their Act of Security, by which the Succeſſion met with two Invincible Obſtacles, from whence they knew, ſome time or other, new Diſ⯑putes muſt ariſe, 1. That no Succeſſor at all ſhould be Named, till after the Queen. 2. That when it was Named, it ſhould be with this Limitation, that it ſhould not be the ſame that ſhould Succeed to the Kingdom of England.

This was a Maſter-Piece of Policy, and had the moſt Specious Pretence in the World, viz. The Hardſhips which Scotland had ſuffered under the Influence of England in Matters of Commerce and Sovereignty; and therefore it was added immediately upon the ſaid Clauſe, Ʋnleſs that in this Preſent Seſſion of Parliament, or any other Seſſion of this, or any enſuing Parliament, there be ſuch Conditions of Government Settled and Enacted, as may Secure the Honour and So⯑vereignty of this Crown and Kingdom, the Freedom, Frequency and Power of Parliament, the Religion, Liberty and Trade of the Nation from Engliſh, or any Forreign Influence. See the Act of Security Print⯑ed in the Appendix to this Work, No. (1)

The running things to this Height in Scotland, put every Parties Meaſures to a full Stop; The Gentlemen who were againſt the Suc⯑ceſſion in general, and of whom I am now Treating, had moſt ef⯑fectually carryed their Point; for as they preſumed England could never come in to ſuch a Treaty as they demanded, ſo they had effec⯑tually forecloſed the Succeſſion of Hannover, by Determining, that the Succeſſor of England and Scotland ſhould not be the ſame.

And 'tis remarkable to note here, how univerſally all thoſe Gentle⯑men, whoſe Aim was, Againſt the Succeſſion, fell in with thoſe whoſe Deſign was only to have Advantageous Terms from England for it.

But this very Point gain'd, brought about the main Work, and the Contraries that concurr'd in this Act, tho' from Claſhing In⯑tereſts, by the ſtrange Circulation of Cauſes, work'd all together into another Extreme, which none of them deſign'd, and that was the Union.

[4] Upon the paſſing the Act of Security, England grew very uneaſy, and not to mention the common Apprehenſions of the People, nor how, and by whom they were encreaſed and fomented, the Act of Parliament paſt, Intituled, An Act to prevent the Dangers ariſing from the Act of Security in Scotland, &c. is a Demonſtration of what the Tendency of theſe Things would be; For this Act, which I have alſo, for the better underſtanding of the Story, Abridg'd and Printed in the Appendix, No. (2.) brought both Nations under the Neceſſity of a War by the Chriſtmaſs following; the Engliſh being then obliged to fit out a Fleet, to interrupt the Scots Commerce, if their Act of Security was not Repealed.

Things being brought to this Extremity, the only Remedy that thoſe who wiſhed well to both Nations could contrive, was to re⯑vive a Treaty of Union, and ſet heartily about it,—and the firſt Step the Queen took towards it, was to propoſe it to the Scots Parliament, who Voted,—That they could enter into no Treaty of Ʋnion, till that Act of Parliament mentioned above was Repealed in England.

Tho' this was a very bold Reſolve, yet the Queen, who ſaw ſome Reaſonableneſs in it, managed Things with ſo much Wiſdom and Moderation; and the Parliament, who ſaw with differing Eyes from the other, and was of a quite differing Temper, found ſome⯑thing ſo ſevere and ſo hard upon Scotland in that Act of Parlia⯑ment, that they made no Difficulty to make that Step in Advance to Scotland.

Upon this Foot turn'd the firſt Appearance of the Union; Now let us ſee how the Parties managed themſelves on all ſides.

The Inclination on both ſides to an Union, however afterwards manag'd, ſeem'd ſo univerſal, That the Party I am ſpeaking of, thought it was not proper to appear againſt it directly; but acting ſtill under Diſguiſe, they puzzle the Cauſe, firſt, With the wild Debate of a Federal Union, or an Union Partial and Imperfect;—and thus they fell in with the Party who were for the Union, not that they had the Union in their Deſign; but becauſe they thought the Thing Impracticable in it ſelf; That it would make the People Sceptick in Government; and that ſo it would certainly miſcarry, and the Succeſſion would be loſt that way.

Accordingly the Limitations were by ſecret Influence oppoſed, and the Scheme of Succeſſion laid aſide to go upon the Chimera of an Union, as they thought it to be; and I could be very Merry with ſome Gentlemen here, upon the Banters and Jeſts they always Treated the Scheme of an Union with, as a Thing they little thought would ever be licked into any Shape, or ever obtain up⯑on the Nations to paſs into a Law.

Thus I have brought the remoteſt Party, who were downright Enemies of the Union, to fall into it;—From whence, let their Deſign be what it will, I muſt tell them, they did it this Service, that it made the Union very Popular, however it came to be otherways afterward.

[5] I come next to the Difficulty about Nobility, and this work'd in to an Union, by, as it were a Natural Conſequence; For the Antient Nobility finding their Sway with the People leſſen'd, and their Power, as well as their Honour, eclips'd, by the Crown day⯑ly Creating Numbers of what they called Upſtart Lords, were ea⯑ſily engaged in Limitations, to prevent their Future Monarch's en⯑creaſing the Numbers of their Rank, to the Diminution, as they took it, of the Antient Families.

But when they came to conſider the Scheme of Diſtinction made for the Repreſenting the Nobility in a Britiſh Parliament, they were the more eaſily brought into the Union, as an effectual Step to prevent the Reducing their Honour, by Multiplying their Num⯑bers, and as a thing which would ſeem to diſtinguiſh them from ſuch of the Modern Nobility, which they reckon'd already a Burthen to them.

Next, among the Whig Intereſt, and who were really Honeſt in their Deſigns for the General Good, were yet two Parties.

One Party, without Reflection on any, had taken a juſt Umbrage at the Growing Power of a certain Great Man; and as they had Reaſon to Ward off Perſonal Reſentments, in caſe their Figure was diminiſhed; and having their true Intereſt in View, together with the Publick Good, eſteem'd it their Good Fortune, to have them both ſtand upon one Bottom;—And theſe Gentlemen came hear⯑tily and honeſtly into the Meaſures of the Union.

Another Party were for the Succeſſion Limited, &c. but not for the Union; Theſe brought the former firſt to them, thinking they would rather be for the Succeſſion, and lay by the Thoughts of the Union; but finding them intirely for the Union, they fell in together.

The View of the Court in England was plain, viz. For the Suc⯑ceſſion at any Rate; and therefore, till this Juncture, they had Eſpouſed that Party in Scotland, who were for the Succeſſion, tho' with Limitations; and this the more eaſily brought thoſe Gentle⯑men into the Union, ſince there they ſecured the Succeſſion, and had the Engliſh Limitations Confirm'd, which they knew and ac⯑knowledg'd were better than their own.

Thus the two Whig Parties joyn'd, and the Duke of Queensberry, who had, in Concert with Her Majeſty and the Engliſh Court, re⯑moved all the ſeeming Difficulties on the part of Scotland, appearing publickly for it, the Union, as I have already noted, grew very Popular, the Court and the Whig Lords concurr'd in the General Good, the Jacobite Intereſt were abandon'd, and the Union grew up between all the Extremes as a Conſequence; and it was meer⯑ly Formed by the Nature of Things, rather than by the Deſigns of the Parties.

Things being brought to this Paſs, the Acts of Parliament paſſed, and the Queen Impowered to Name Commiſſioners; I ſhall pur⯑ſue the Proceedings in Order as they ly before me, and make the needful Obſervations as I go.

[6] The reſpective Acts of Parliament for this Nomination, as abſo⯑lutely neceſſary to the better underſtanding of the Caſe, and laying a Regular Scheme of the whole Matter before the Eye of the Read⯑er, I have annexed in the Collection herewith marked.

They that had ſo wiſely contrived the Beginning of this Work, could not be at a Loſs to find out proper Perſons for the Managing the Treaty in both Kingdoms; And therefore it was not long be⯑fore Her Majeſty Named the Commiſſioners for both Kingdoms, whoſe Names we ſhall preſently come to.

I ſhall not deſcend to Encomiums on the Perſons of the Treaters; For I am not about to write Panegyricks here, but an Impartial and Unbyaſt Hiſtory of Fact. But ſince the Gentlemen have been ill treated, eſpecially in Scotland, upon this very Head, Charg'd with ſtrange Things, and Expoſed in Print by ſome, who had no⯑thing but their Averſion to the Treaty to move them to Maletreat them: I muſt be allowed, on all Occaſions, to do them Juſtice in the Proceſs of this Story.—And as I muſt owne, That, generally ſpeaking, they were Perſons of the greateſt Probity, the beſt Cha⯑racters, and the ſteadieſt Adherence to the true Intereſt of their Countrey; ſo, their Abilities will appear in every Step taken in ſo great a Work, the bringing it to ſo ſhort a Con⯑cluſion, and that, in ſo little Time, the Reducing it to ſo Conciſe a Form, and ſo Fixing it, That, when all the Obſtruction imagi⯑nable was made to it afterward in the Parliament of Scotland, the Mountains of Objection, which at firſt Amuſed the World proved ſuch Mole-hills, were ſo eaſily Removed, Raiſed ſo much Noiſe, and Amounted to ſo little in Subſtance, That, after all was granted, that in Reaſon could be Demanded, the Amendments were ſo few, and of ſo little Weight, that there was not one Thing Material e⯑nough, to obtain a Negative in the Engliſh Parliament.

I cannot but note here, That even thoſe Amendments were not made, by Reaſon of any Omiſſion in the Treaters; But the Parliament found the Oppoſing Party to the Succeſſion had two Handles to lay hold on in Scotland, and therefore in Prudence gave way to ſuch Amendments, as they had the leaſt Reaſon to Juſtify; Theſe two Heads, which I call Handles againſt the Succeſſion, were,

[7] But both theſe Projects failed them; The firſt was effectually Anſwer'd by the Nature of the Thing; and their Strength fail⯑ing them, they found they had caſt up their Account falſe, their Motion being thrown out by a great Majority in Voting the firſt Article, as will appear preſently.

The ſecond, when they came to Examine Particulars, had not ſufficient Strength of Reaſon to ſupport it; all the Amend⯑ments they could pretend to, were ſo ſmall, That, as above, the Parliament of England never thought it worth their while to Diſ⯑pute them; and the Treaters themſelves, for the moſt part, went into thoſe Amendments, as they were offered.

Indeed this was a Diſappointment to ſome People, who made no Queſtion, at leaſt, to puzzle the Cauſe, and raiſe ſuch Difficul⯑ties, as ſhould Require a Remitting the Treaty back to Scotland; and ſo ſpin it out in Length, that the Nations might have Leiſure to Form the ſeparate Parties into ſome Order; and raiſing their Friends on both Sides, if poſſible, bring it to a Breach—; And that I do not paſs an unjuſt Cenſure, I refer the Reader, among Infinite Pamphlets publiſh'd againſt this Affair, to one very plain and bare-fac'd Author mentioned before, Entituled, The Neceſſity of a War with England, in Order to Cure the preſent Diſtempers of the Times.

I ſhould do the Fomenters of the Nations Diviſions too much Credit, to Trouble the Reader of this with any of their Print⯑ed Oratory againſt this Union, much leſs enter into any Diſquiſiti⯑ons upon the Subject of their Clamours;—But I may, perhaps, touch upon the principal Heads of their Objections, and let the World know alſo, who were ſome of the Objectors.

When the Acts were thus paſs'd, and Her Majeſty had Nam'd Commiſſioners on both Sides, and the Work ſeemed to be going about in Earneſt; The Learned Scriblers of the Age began to Harraſs the World with their Schemes, and all the Mountebank Stateſmen of the Times ſet to Work, to propoſe their Wondrous Methods for Curing this Antient Diſtemper of the Nations, and ſtriving to have it ſaid of themſelves, who was Forwardeſt in the Great Work.

The Induſtry they diſcover'd had, in nothing, a greater Concur⯑rence, than in this, That the whole Croud of Writers, with an Univerſal Agreement, had the Honour to be intirely miſtaken; and not one of them had Eyes to ſee to the true Intereſt of the Nations; every Man, as, in ſuch Caſes is uſual, Eyed the reſpective Intereſts or Advantages, as he thought, of the Nation to which he belong'd, and ſet himſelf to Work to Anſwer the Objections of the other, Defending, Arguing, and Fatiguing their own Heads, and their Readers, with the Confuſed Labyrinths of their own Projects; but not once touching the true String, which, with a National Uniſon, would have immediately Sounded out the Harmony of General Peace.

[8] Nor am I at all Arrogant, in ſaying, they were all ſo generally miſtaken in their Notions of what this Union ſhould be; Since, as I have ſaid, every one fell to Arguing the ſingle and ſeparate Ad⯑vantages of the Nation they belong'd to; Inſiſting on their Politick Notions, and Wiſe Schemes for their reſpective Advantages: But, not one, that I met with, ever Entered into the True and Only Notion Eſſential to the Union; I mean the Principle of Self-Denial, how far either Nation was to Condeſcend and Advance to one ano⯑ther, How the preſent Union Conſiſted not, in Gaining Advantages on either Hand of one and other; but in Abatements, in giving each other Advantages, in yielding up Privileges, opening the Treaſures and Strength of either Nation, to the Good and Benefit of the whole.

They never dream'd, That, to Unite, was, in it ſelf, a full and a general Retribution for every Step taken from one Side to the other; That a New National Intereſt was to be Erected; and that giving or Conceding Rights, Advantages and Intereſts, whe⯑ther in Commerce or in Privileges, was loſing nothing at all; but was like a Man giving Preſents to a Lady, whom he deſigns to make his Wife; which is but taking his Money out of one Pocket, and putting it into another; or like a Man ſettling his Eſtate in Joynture on his Wife, which is ſtill his own, and is effectually ſe⯑cured for his Poſterity.

The Gentlemen muſt pardon me, if I tell them, That, for want of this True and Original Notion of Union, they took but too much Pains to Inform us all, they had neither the Spirit of Union in their Minds, nor the Knowledge of it in their Heads—; And this run them upon Wild Dilemmas and Dark Schemes of Federati⯑ons and Confederations; This ſent them to Belgia, Helvetia, Po⯑lonia, and I know not whither, for Examples for Schemes, Prece⯑dents, and I know not what ſtrange Syſtems of National Unions; all which, I muſt take the Liberty to ſay, were as Wide from the only Step, that could make theſe Nations happy, as the Eaſt is from the Weſt, tended to nothing, but Confuſion of Intereſts, National Jealouſies, and in the end War and Deſtruction.

Theſe Gentlemen were for making Bargains between the Nations, not for bringing two Great and Mighty Kingdoms into one Vaſt United Body, the ſame in Intereſt, the ſame in Proſpect, the ſame in every Subſtantial Conſtituting Part; The Advocates of either People talk'd like Counſellors Pleading for their Clients, not like two Friends, that were Striving, who ſhould part with moſt, for the Intereſt and Engagement of the Love of each other.

In ſhort, the Union has been brought to paſs, not by gaining from, but by yielding to one another; Not by making Conditions and Advantages of one another, but by Conceding to one another; One part opens the Treaſures of their Trade, the other ſtruggles to bear their Share of the Weight and Burden of Expenſive and Bloody Wars; This part yields up one thing, that abates another, and Mutual Condeſcenſions, not Mutual Encroachments, have brought this Work to paſs.

[9] And here lyes the great Myſtery of the Union; They that think ſtrange of the Circumlocutions the Wiſeſt Heads have taken, may find them here; They that Enquire into the Reaſons of former Miſcarriages, may find them all here; If there was any want of Temper, any mutual Diſtruſts, any ſecret Murmurs of Parties, any Jealouſies of Conſequences, it was all to be found here; That the People, who Debated theſe Points, never Look'd beyond the pre⯑ſent State, never Conſidered the Conjunct Capacity of the Nations, never drew the Ballance of Intereſts, or ſtated the Affairs of both Nations into one Account Current.

Had they ever done this, they would have ſeen that Monſter, as they call'd the Union, a moſt Beautiful Creature, Admirable in its Contexture, Agreeable in its Figure, Squar'd like a moſt Exquiſite Piece of Architect, both for Ornament, Strength, and Uſefulneſs; They would have ſeen it a Compleat Circle, all the Lines of which were drawn from, and depended upon one General Centre, the Pub⯑lick Good, a Mighty Arch, every Stone of which mutually contribut⯑ed, not to its Private Support only, but to the Strength of the whole: Here is the True Original of the Union, and the Wiſdom of the Treaters on both ſides, was in nothing more Conſpicuous, than that they came to this Treaty furniſhed with the true Notions of what they were to do, and conſequently the propereſt and only Method for the doing it could not be Concealed from them; and we cannot but obſerve, That, thro' all the Courſe of the Treaty, the Gentlemen kept themſelves cloſs to this Principle, to yield to one another in every thing, which the Nature of the Union they aim'd at requir'd, and the Nature of the Thing before them would poſſibly permit.

I muſt confeſs, to me, all the Notions of Federal Unions, Gua⯑rantees, and Everlaſting Peace, which our ſeveral Writers fill'd our Heads with, while the Treaty was appointed, but not yet begun; appear'd to me as imperfect Embrios, falſe Conceptions, and Births that muſt end in Abortions and Diſappointments; I will not ſay, I had Foreſight of Events enough to preſcribe what Methods ſhould be taken, or what Iſſue would be produced from the Treaty then in View; but this I took the Freedom always to tell the World, That it muſt be a general, compleat, intire and indiſſolvable Union of In⯑tereſts and Parties, depending upon Equalities of Privileges, and Equalities of Burdens, Equalities of Proſpects, and Equalities, if poſſible, in Deſires, or that it would be Imperfect in its Parts, and Confuſed in its Whole.

I know one Reaſon why this ſort of Union was leſs thought on, than perhaps it would have been, was, becauſe the Gentlemen, when they come to Examine what had ever been Attempted this way, found nothing of a full and intire Union, but that under the Conqueſt of the Parliament Times—; And, Alas! SAYS ONE, This muſt be rendered ſo Odious, becauſe 'twas the Work of a Tyrant, an Uſurper, and what not, that no Body could bear to Recommend it; and if at any time a Man was driven by the Neceſſity of his [10] Judgment, the Convictions of his Reaſon, and the Conſequences of Argument, to come to the Borders of that Scheme, he would Start at the Hint, as if he had ſeen a Spectrum, and fly even from his own Reaſon, becauſe it concurr'd with what was hit upon by the Man and the People he did not Approve.

And why will you go by Whitehall Gentlemen, where ſo many wicked Rebels Triumph'd over their Monarch? Why will you uſe the Navy, nay ſome of the very Ships, with which the ſame Oliver Cromwel Beat your Neighbours?

If Oliver had not been a Maſter of Politicks, he had never been Oliver Cromwel in the Terms we are now Talking of him; and becauſe he hit upon the only Step that could be taken to Fix the Union of the two Nations, muſt we Reject it, and rather Deſtroy the Kingdoms, than cloſe with his Unhallowed Method?

Reaſon and the Nature of Things guides all Men, whoſe Eyes are open, to the ſame Methods, when they are purſuing the ſame Deſigns, let Oliver Cromwel be what he will, and who he will, 'tis no part of my Buſineſs here, take him in all the Blackeſt Figures he can be Repreſented—; What was the End he purſued in his Uniting Scotland to England—? It was ſo to joyn them, that both Parties being made intirely eaſy, might, without Heſitation, ſub⯑mit themſelves to his otherwiſe precarious Authority; and was he right in this, That, to give the two Nations a free and full Communication, both of Trade, Privileges and Advantages, was the true and only way to make all People eaſie—? So far his Project may be good for us, without ſo much as touching upon the Parallel.

The Buſineſs of the Union was, to make the Nations eaſie, to put them in a State of Mutual Advantage; If fourty Tyrants have purſued the Method for it, tho' with Wicked Deſigns, it was for us to take the Method, and mend the Deſign, as much as we could.

Oliver Cromwel made a Conqueſt of Scotland—, well, and what then—? Let thoſe People, who have Talk'd ſo much of an Union of Subjection, and Conquering Scotland, go back hither for a Precedent; Oliver Cromwel knew as well what belong'd to Conqueſt, as any Body in this Age will pretend to; Nor was he leſs Politick in Keeping, than Terrible in Obtaining; and what did he reſolve all his Northern Conqueſt into—? Nothing but Union, the beſt Concerted, the beſt Executed, the beſt Approved, that ever this Iſland ſaw till now; Nor could all the Heads in Chriſtendom have Formed the preſent Happy Union, but from the Schemes of thoſe Times.

If ever Nation gain'd by being Conquer'd, it was here; They were Subdued firſt, and then made Happy; and Scotland Flouriſhed, Juſtice had its Uninterrupted Courſe, Trade Increas'd, Money plentifully Flowed in, and all under what they call'd Tyranny and Uſurpation, all under a Standing Army, Government, and with all the Diſadvantages that can be imagined from ſuch a Conſtitution, as tended to Subjection, not Liberty, Poverty and Miſery, not Peace and Plenty.

[11] And what was the Foundation of all this? Nothing but the Na⯑tural Product of Common Reaſoning, he found, that the only way to preſerve the Conqueſt he had made on the Powers of the Nations, was to make a Conqueſt of their Affections; That the only way to do this, was to let them ſee their Intereſt and Happineſs in his Government; and that this could only be brought to paſs, by Uniting and intirely Incorporating the Nations into one; Commu⯑nicating Peace, Privileges, and all poſſible Advantages to them—; And thereby letting them ſee the true way to their proſperity.

No Man will ſay, this was not the moſt Politick Step he could take; and muſt we Contemn the Method, becauſe we cannot be Reconcil'd to the Man—? Certainly if Union and Incorporati⯑on of Intereſts was able to make the Nation Happy under a ſtand⯑ing Army, and an Abſolute Government, as that was; Things in their Nature, Inconſiſtent with Liberty and National Proſperity; it muſt be much more Capable under a Juſt and Limited Government, where Law Governs the very Actions of the Sovereign, and all the Branches of Power are ſquar'd by, and ſincerely Imploy'd for the Publick Good: And it can be no Leſſening the Value of any True Scheme of National Management, that a Perſon Uſed or Contriv'd it, that we call a Tyrant or an Uſurper; Let him be never ſo much a Tyrant, he ſhow'd he had the True Spirit of Government in him by this, that he knew the only way to make his Government ſafe, was to make it eaſy; and to have the People quiet, was to make them Happy—; And this he did by Ʋnion, an intire In⯑corporated Union—; And the Event proved, his Meaſures were rightly taken.

Our End is now the ſame, tho' our Views are differing, to make the People Happy is the End—; If Ʋnion be the way, why is it to be liked the worſe, becauſe Oliver Cromwel drew the Scheme?

I have made this Digreſſion, not purely to ſhow, how our Writ⯑ers came to be miſtaken in their Schemes, and why they never hit upon this Draught in all their Propoſals, tho' that introduc'd it; but alſo to prove, that this Intire Incoporating Union has in it ſelf the Seed of National Felicity, in that it wrought then that Wonder which the World can rarely produce, viz. Liberty in Tyranny, Proſperity in Conqueſt, and a Nation Saved even in being Sub⯑dued.

Could it produce this Wonderful Effect, much more muſt it be ſuppoſed Capable now? And I am perſwaded, no Man in his Senſes will like the Effect of the preſent Union the worſe, for its receiving any of its parts from the Politicks of theſe Times, if the Happineſs of the preſent Time may be ſeen in it.

And here I muſt own, That the preſent Union has ſome Ad⯑vantage, tho' the Nations have paid dear for the Experiment, in that it has been Formed upon the Foot of all the moſt Politick Schemes of former Times; and all the Miſcarriages of former Treaties have been as Warnings to Furniſh the Experience of theſe Times [12] to make them wary, and inſtruct them how to avoid the Rocks that others Split on.

I have now brought the Treaters to London; Their Names, and the Commiſſion for them reſpectively to Treat, I have Inſerted in the Minutes of the Treaty, as it was laid before the Parliament of Scotland, and immediately following this Part.

When they firſt met, they hardly knew what Meaſures they ſhould take; They knew what Buſineſs they came to do, but I dare ſay, the Gentlemen will bear with me, in ſaying, they could not fore⯑ſee the Manner and Management that follow'd; and it was a pleaſ⯑ing Surprize, to find all Sides and Parties to agree, in leaving all Politick Methods formerly ſtudied, rather to Delay and Defeat the Deſign of an Union, than to Compleat it; and to fall in heartily to Conſider, as the General Theſis, what could Conduce moſt to the Main Deſign of their Meeting, THE ƲNION; And in Or⯑der to this, they Reſolved not to Study Advantages againſt one another; nor to Demand on either Side any Thing, but what was agreeable to both Kingdoms, in their United Capacity; This was a Happy Indication, That both Sides came together with a True Spi⯑rit of the Union among them; That they ſincerely intended to apply themſelves to it with the utmoſt Diligence, and to purſue it by all the moſt proper Methods to bring it to paſs—; The very contrary Extreme of which, is what, as I have already noted, has been the principal Occaſion of the Miſcarriage of all the former Treaties, and which Good Men were very much afraid of now—.

Before they met in Publick, ſome of the Commiſſioners on both Sides had a Meeting among themſelves, privately to Conſider of the Method of Proceeding.

And here it was firſt Debated, in what Manner Propoſals ſhould be Delivered and Receiv'd; Some were for having Conferences of every Thing that ſhould be propoſed, for the Convenience of Free Reaſoning; Others Objected againſt that as Tedious, and Offered as the moſt Expeditious Method, That every Thing ſhould be De⯑livered in Writing, and then the Commiſſioners reſpectively Meeting apart, might Reaſon among themſelves, and give in their Reſolutions the more perfect—; And this was agreed on by both parties.

This is the Cauſe, That, in the Minutes of this Treaty, we have little of their private Reaſonings Recorded; ſince, their having been thus by themſelves, they have not been noticed ſo, as to come to Light in any Regular Manner.

There was but one Publick Conference, which was Deſir'd by the Commiſſioners for Scotland; and this was about the Number of the Scots Repreſentatives in Parliament; and in this 'tis impoſ⯑ſible to get the particular Arguments uſed on both Sides. The par⯑ticular Perſons on either Side were as follows,

Firſt the Lord Treaſurer of England, who Opened the Thing, and Deſir'd the Commiſſioners for Scotland to propoſe their Reaſons, why the Engliſh ſhould give a greater Number than was mentioned.

Lord Chancellor of Scotland ſpoke next, and gave Reaſons why they Inſiſted upon a greater Number.

[13] Mr. Secretary Harley Replyed to Lord Chancellor of Scotland.

The Lord Chancellor Spoke a Second Time, in Anſwer to Mr. Secretary Harley.

The Earl of Pembroke Spoke after, to what the Lord Chancellor had offered.

The Earl of Stair Replyed to the Earl of Pembroke's Speech.

The Lord Keeper ſpoke next.

Sir David Dalrymple Follow'd the Lord Keeper.

Duke of Devonſhire to Sir David.

And Mr. Seton of Pitmedden Concluded.

The great Deſign of the Arguments on the part of the Scots Com⯑miſſioners, were ſumm'd up in this;

That they could have no Precedent, as to Number of Repreſen⯑tatives, Argued from Oliver Cromwel's Diviſion; becauſe he was Ar⯑bitrary, and neither gave a juſt Repreſentation to England, or to Ireland;

That the preſent Scheme of Taxes could not be the Rule; but, if the Repreſentative was to be Meaſur'd by the Proportion of Taxes, it was on their Side; ſince, immediately upon the Union, thoſe Taxes would be greater;

That, if any Rule could be laid down, it ought to be an Arith⯑metical Proportion, between the Number of People and the Taxes paid, Conſidered on both Sides reſpectively; In which Caſe, the Hollanders were brought as an Example, where, if you take the People, without their Circumſtances of Wealth, they Bear no Pro⯑portion, becauſe their Riches are vaſtly greater than their Num⯑bers; If their Riches are taken without their People, the Diſpro⯑portion would be as great the other way.

Upon the whole it was Concluded, there could be no certain Rule, to Direct their Lordſhips the Commiſſioners, but the preſent Circumſtances of the Nations ſhould be Judg'd of by both Sides, and ſuch a Repreſentative to be Allow'd, as ſhould be Agree⯑able to Juſtice in both.

Upon this Debate, their Lordſhips Retired on either Hand; and the next Day, the Commiſſioners for England brought in a Propoſal for a Repreſentative for Scotland, Augmented to Fourty Five Com⯑moners, and Sixteen Lords, which the Scots Commiſſioners acqui⯑eſc'd in, as will more particularly appear by the Minutes of the Treaty, which are inſerted at large, as they were Extracted out of the Books of the Commiſſioners, and beginning with the Com⯑miſſions reſpectively given to the Perſons Appointed to Treat, as follows.

[14]

Firſt, The Commiſſion to the Perſons Appointed for Scotland.

ANNA Dei Gratia, Magnae Britaniae, Franciae & Hyberniae Regina, Fidei (que) Defenſor, &c. Omnibus Probis Homini⯑bus ad quos preſentes Literae noſtrae pervenerint, Salutem; quandoquidem Nos conſiderantes immenſe Commodum omnibus no⯑ſtris ſubditis, per arctiorem & completiorem Unionem Regnorum noſtrorum Scotiae & Angliae oriundum; cum (que) per Actum Parliamen⯑ti dicti Regni Angliae, anno Domini milleſimo, ſeptingenteſimo quarto, iis perſonis, vel tot tali eorundem numero, qui a Nobis no⯑minarentur, & quos Nos in hunc effectum, pro quorum (ut loquun⯑tur) ſtatuerimus, plena authoritas & poteſtas conceſſa eſt conveni⯑endi & tractandi cum iis Commiſſionariis, authoritate Parliamenti Scotiae muniendis, de tali Unione dictorum duorum Regnorum Sco⯑tiae & Angliae, ac circa quaecunque alia negotia, cauſas & res quae (de⯑bita deliberatione habita majoris partis dictorum Commiſſionario⯑rum (ut praedicitur) congregatorum) una cum Commiſſionariis authoritate Parliamenti Scotiae muniendis, dicti Commiſſionarii no⯑ſtro honori & mutuo bonae utriuſ (que) Regni in perpetuum convenien⯑tia & neceſſaria, in eorum prudentia judicabunt: Noſ (que) etiam ex Regia noſtra affectione, & cura ad promovendum Foelicitatem om⯑nium noſtrorum ſubditorum, tale inſigne & bonum opus proſequi deſiderantes & cupientes, Parliamento noſtro Scotiae Menſe Junii ul⯑timo elapſi commendavimus, ut cum dicto Regno noſtro Angliae Tractatus inſtitueretur; in cujus proſecutione per quartum Actum Seſſionis Parliamenti ultimo elapſae decretum, ſtatutum & ordina⯑tum eſt, quod ii, & quot eorum nobis viſum fuerit, ſub magno Si⯑gillo dicti antiqui noſtri Regni Scotiae, conſtituere & nominare, ple⯑nam Poteſtatem, Commiſſionem & Authoritatem haberent, locis & temporibus a Nobis deſignandis conveniendi ac congregandi; ac cum talibus Commiſſionariis, authoritate Parliamenti Angliae muni⯑endis, tractandi & deliberandi circa talem Unionem dictorum duo⯑rum Regnorum Scotiae & Angliae, & circa quaecun (que) alia negotia, cauſas & res quae (matura deliberatione habita majoris partis dic⯑torum Commiſſionariorum, ut praedicitur, congregatorum) una cum Commiſſionariis, Authoritate Parliamenti Angliae muniendis, ſecundum Tenorem eorum Commiſſionum eatenus conceſſarum, dic⯑ti Commiſſionarii honori noſtro & utilitati, & mutuo commodo dictorum noſtrorum Regnorum, in perpetuum conducere judicabunt; ac etiam quod dicti Commiſſionarii, pro utro (que) Regno, ſecundum Tenorem ſuorum Commiſſionum reſpective, ſua acta & geſta, in ea⯑dem materia, in tria diverſa ſcripta aut Inſtrumenta ſingulatim per ipſos, aut eorum quorum ſcribenda & ſigillanda redigent & digerent; In & ad hunc finem, ut unum dictorum ſcriptorum nobis, aliud dictorum ſcriptorum Parliamento Scotiae, & tertium dictorum ſcrip⯑torum aut Inſtrumentorum Parliamento Angliae, proximis Parliamen⯑torum [15] Seſſionibus in utro (que) Regno reſpective tenendis, exhibeantur; poſtquam dicta ſcripta ſeu inſtrumenta, per dictos Commiſſionarios, ſubſcripta & Sigillata fuerint, ut deſuper Nos & dicta Parliamenta ultra procedamus, prout neceſſarium vifum fuerit, pro Commodo & Bono utriuſ (que) Regni: Quibus Parliamentis integra conſideratio to⯑tius, ac in totum vel pro parte approbandi, prout iis expediens vi⯑debitur, omnino reſervatur; Et per antedictum actum providitur, quod nulla Materia aut Res tractanda, proponenda, vel per dictos Commiſſionarios virtute praedicti acti concludenda, ullius erit vigo⯑ris, ſeu effectus cujuſcun (que) donec prius authoritate & Acto Parlia⯑menti Regni Scotiae confirmata & ſtabilita fuerit: Et quod non li⯑citum erit dictis Commiſſionariis, de Alternatione Cultus Diſcipli⯑nae aut Regiminis Eccleſiae Scoticanae, ut nunc per Leges ſtabilita ſunt, ullo modo tractare: Cum (que) nos ſatis experte ſpecialem fidem & fiduciam reponamus, in fidelitate, eximiis animi dotibus, & pru⯑dentia perſonarum Infraſcriptarum, Viz. Jacobi Comitis de Seafield ſummi noſtri Cancellarii dicti Regni, Jacobi Ducis de Queensberry Secreti noſtri Sigilli Cuſtodis, Joannis Comitis de Mar & Hugonis Comitis de Londoun noſtrorum principalium Status Secretari⯑orum, Joannis Comitis de Sutherland, Jacobi Comitis de Morton, Davidis Comitis de Weyms, Davidis Comitis de Le⯑ven, Joannis Comitis de Stair, Archibaldi Comitis de Roſeberry, Davidis Comitis de Glaſgow noſtri Theſaurarii Deputati, Domini Archi⯑baldi Campbell Fratris Germani Ducis de Argyle, Thomae Vicecomitis de Duplin, Gulielmi Domini de Roſs unius Commiſſionariorum noſtrae Theſaurarii, Domini Hugonis Dalrymple Collegii noſtri Juſticiae Praeſidis, Adami Cockburn de Ormeſtoun noſtri Juſticiarii Clerici, Domini Roberti Dundaſs de Arniſtoun & Magiſtri Roberti Steuart de Tillicultrie Sena⯑torum Collegii Juſticiae, Magiſtri Franciſci Montgomery unius Com⯑miſſionariorum noſtri Theſaurarii, Domini Davidis Dalrymple unius noſtrorum Solicitorum, Domini Alexandri Ogilvie de Forglan Gene⯑ralis noſtri Receptoris, Domini Patricii Johnſtoun Praepoſiti Edin⯑burgenſis, Domini Jacobi Smollet de Bonhill, Georgii Lockhart de Carnwath, Gulielmi Moriſon de Prestongrange, Alexandri Grant de eodem Junioris, Gulielmi Seton de Pitmedden Junioris, Joannis Clarke de Pennycook Junioris, Hugonis Montgomery nuper Praepoſiti Glaſguenſis, Danielis Steuart Fratris Germani Baronis de Castlemilk, & Danielis Campbell de Arntennet; Noveritis igitur Nos nominaſſe, conſtituiſſe & ordinaſſe, ſicuti Nos tenore praeſentium, nominamus, conſtitui⯑mus & ordinamus memoratas perſonas Commiſſionarios, pro dicto Regno Scotiae, ad effectum praedictum; Dando & Concedendo illis, vel eorem novem, quos pro quorum (ut loquuntur) ſtatuimus ple⯑nam Poteſtatem, Commiſſionem & Authoritatem, congregandi & conveniendi, cum talibus Commiſſionariis, authoritate Parliamenti Angliae muniendis, vel eorum ſufficiente numero (vulgo quorum) Apud Civitatem noſtram de Weſtminster, decimo ſexto die Menſis Aprilis proxime ſequentis, & Tempore, & Loco praedicto, tractandi circa Unionem dictorum Regnorum; Scotiae & Angliae; Et circa quaecun (que) alia negotia, cauſas & res, quae (matura Deliberatione [16] habita majoris partis dictorum Commiſſionariorum, ut praedicitur, congregatorum) una cum Commiſſionariis, authoritate Parliamenti Angliae muniendis, ſecundum tenorem eorum Commiſſionum, in hunc effectum; dicti Commiſſionarii honori noſtro, & Commodo, & mutuo Bono utriuſque Regni in perpetuum neceſſaria & conveni⯑entia judicabunt, cum poteſtate dictis Commiſſionariis, & eorum ſufficiente numero (vulgo quorum ut loquuntur) de tempore in tempus, cum aut abſ (que) continuatione congregandi & conveniendi: Et in omnibus quibuſcun (que) rebus, per praeſentes, vel dictum actum Parliamenti, eorum curae conceditis & commiſſis, ſecundum eorum officium & judicium procedendi, mandando & requirendo praedictos Commiſſionarios curam adhibere, & omnia ſua acta & geſta in prae⯑miſſis, in tria diverſa ſcripta aut inſtrumenta, debite redigantur & digerentur, per eos ſubſcribenda, ſigillanda & praeparanda, ita ut Nobis, & Parliamentis utriuſ (que) Regni, exhibeantur; modo per dictum actum ſtatuto & exquiſito, Declarando omni modo per prae⯑ſentes; Quod licitum non erit dictis Commiſſionariis de alteratione Cultus Diſciplinae aut Regiminis Eccleſiae Scoticanae, ut nunc per Leges ſtabilita ſunt, ullo modo tractare; ac etiam declaranda nulla ne⯑gotia, aut res tractanda, proponenda aut per dictos Commiſſionarios virtute praeſentis Commiſſionis, concludenda ullius fore vigoris ſeu effectus cujuſcunque, donec prius Authoritate & acto Parliamenti dicti antiqui Regni Scotiae, confirmata & ſtabilita fuerint: Reſervando Nobis plenam poteſtatem & authoritatem continuandi praeſentes Commiſſionarios, ad quemvis locum, & quoties Nobis viſum fuerit, per ſcriptum noſtri Regali manu ſignatum, aut Epiſtolam iis directam, non obſtante poteſtate ſeipſos continuandi, talibus temporibus, & ad tales locos, ut ipſis viſum fuerit, per praeſentes iis conceſſa. In cujus rei Teſtimonium, praeſentibus magnum Sigillum noſtrum appendi praecipimus. Apud Aulam noſtram de Kenſington vigeſimo ſeptimo die menſis Februarii, Anno Domini milleſimo ſeptingenteſimo ſexto, & anno Regni noſtri quarto.

Per Signaturam manu S. D. N. Reginae Supraſcriptam.

[17]

ANNE By the Grace of GOD, of England, Scotland, France and Ireland Queen, Defender of the Faith, &c. To the moſt Reverend Father in GOD, Thomas Arch-biſhop of Canterburry, Our Right Truſtee and well Beloved Counſellor William Cooper Eſquire Our Keeper of Our Great Seal of England; The moſt Reverend Father in GOD, John Arch-Biſhop of York, Our Right Truſtee and well Beloved Counſellor Sidney Lord Go⯑dolphin Our High Treaſurer of England, Our Right Truſtee and Right well Beloved Couſin and Counſellor Thomas Earl of Pembroke and Montgomery Our Preſident of Our Council, Our Right Truſty and Right entirely Beloved Couſins and Counſellors John Duke of Newcastle Our Keeper of Our Privy Seal, William Duke of Devonſhire Our Steward of Our Houſhold, Charles Duke of Somerſet Our Maſter of Our Horſe, and Charles Duke of Bolton, Our Right Truſty and Right well Beloved Couſins, Charles Earl of Sunderland, and Evelin Earl of Kingſton, Our Right Truſty and Right well Beloved Couſin and Counſellor Charles Earl of Carlile, Our Right Truſty and Right well Beloved Couſin Edward Earl of Orford, Our Right Truſty and well Beloved Couſin Charles Viſcount Townſend, Our Right Truſty and well Beloved Counſellor Thomas Lord Wharton, Our Right Truſty and well Beloved Ralph Lord Grey, Our Right Truſty and well Beloved Counſellor John Lord Powlet. Our Right Truſty and well Beloved John Lord Summers, and Charles Lord Hallifax, Our Right Truſty and well beloved Counſellor John Smith Eſq Our Right Truſty and well Beloved William Cavendiſh Eſq com⯑monly called Marques of Hartington, John Manners Eſq commonly called Marques of Granby, Our Right Truſty and well beloved Coun⯑ſellors Sir Charles Hedges Knight, and Robert Harley Eſq Our Princi⯑pal Secretaries of State, Henry Boil Eſq Chancellor, and under Trea⯑ſurer of Our Exchequer, Sir John Holt Knight, chief Juſtice of Our Court of Queens Bench, Sir Thomas Trevor Knight Chief Juſtice of our Court of Common Pleas, Sir Edward Northey Knight Our Attorney General, Sir Symon Harcourt Knight, Our Sollicitor General, Sir John Cook Knight Doctor of Laws Our Advocat General, and Stephen Waller Doctor of Laws; Greeting. WHEREAS, The Kingdoms of England and Scotland were firſt United in Allegiance and Loyal Sub⯑jection in the Perſon of Our Royal Great Grandfather King James the Firſt, ſince which happy Conjunction, it hath been very much Endeavoured that a nearer and more compleat Union might be ſett⯑led between both Kingdoms, and ſome Progreſs towards the Attain⯑ment thereof was made, not only in the time of Our ſaid late Royal Great Grandfather, but alſo in the time of Our late Royal Uncle [18] King Charles the Second. And whereas, We out of Our Princely Zeal and Care for the Welfare and Happineſs of Our Subjects, being alſo deſirous of a nearer and more compleat Union between Our Two ſaid Kingdoms of England and Scotland, did Recommend to Our Par⯑liament of England from the Throne, to Conſider of proper Methods for obtaining the ſame: And whereas, In Our Parliament held at Weſtminſter the Third and Fourth Years of Our Reign, an Act paſs'd, Intituled, An Act for the effectual Securing the Kingdom of England from the apparent Dangers that may ariſe from ſeveral Acts paſſ'd in the Kingdom of Scotland. In and by which Act of Parliament, It was Enacted, That ſuch Perſons as ſhould be Nominated by Us, under Our Great Seal of England, or ſuch and ſo many of them as ſhould in that behalf be Appointed by Us to be of the Quorum, ſhould by Force of the ſame Act, have full Power, Commiſſion and Authority, at ſuch Time and Times, and in ſuch Place or Places as We ſhould Pleaſe to Appoint to Aſſemble and Meet; and thereupon to Treat and Conſult according to the Tenor, or Purport of their Authority or Commiſſion in that behalf, with certain Commiſſioners as ſhould be Authorized by Authority of the Parliament of Scotland, of and con⯑cerning ſuch an Union of the ſaid Kingdoms of England and Scotland, and of and concerning ſuch other Matters, Clauſes and Things as upon mature Deliberation of the greateſt part of the ſaid Commiſ⯑ſioners Aſſembled as aforeſaid, and the Commiſſioners to be Autho⯑riz'd by the Parliament of Scotland, according to the Tenor or Pur⯑port of their Commiſſion in that behalf, ſhould in their Wiſdoms think Convenient and Neceſſary for Our Honour, and the Common Good of both our ſaid Kingdoms for ever: And that the Commiſſioners of both Our ſaid Kingdoms ſhould according to the Tenor or Pur⯑port of their ſaid Authority and Commiſſions in that behalf, Reduce their Doings and Proceedings therein into Writings or Inſtruments Quadrupartite, every Part to be Subſcrib'd and Seal'd by them, to the end, that one part thereof may in all Humbleneſs be preſented to Us, two other parts thereof to be Offered to the Conſideration of the Parliament for the Realm of England, and another part thereof to be Offered to the Conſideration of the Parliament for the Realm of Scotland at their next Seſſions, which ſhould be held in each Kingdom reſpectively after ſuch Writings or Inſtruments ſhould be Subſcrib'd and Seal'd by the ſaid Commiſſioners, that thereupon ſuch further Proceedings might be had as We, and both the ſaid Parliaments ſhould think Fit and Neceſſary, for the Well and Com⯑mon Good of both the ſaid Kingdoms, to whom the Entire Con⯑ſideration of the whole, and the Allowing or Diſallowing of the whole, or any part thereof as they ſhall think fit, is wholly Reſerv'd as in and by the ſaid Act, Relation being thereunto had, may more at learge appear. And whereas, in the Fourth Year of Our Reign, an Act was made and paſs'd in our Parliament of our Kingdom of Scotland, for Enabling Us to Appoint Commiſſioners to Treat with Commiſſioners for Our Kingdom of England, of and concerning an [19] Union of the ſaid Kingdoms; NOW KNOw YE, That We Repo⯑ſing eſpecial Truſt and Confidence in your Fidelity, Ability, Pru⯑dence, Induſtry, Diligence and Circumſpection, have Nominated, Conſtituted and Appointed, and by theſe preſents do Nominate, Conſtitute and Appoint you the ſaid Thomas Arch-Biſhop of Canter⯑burry, William Cooper, John Arch-Biſhop of York, Sidney Lord Godolphin, Thomas Earl of Pembroke and Montgomery, John Duke of Newcaſtle, William Duke of Devonſhire, Charles Duke of Somerſet, Charles Duke of Bolton, Charles Earl of Sunderland, Evelin Earl of Kingston, Charles Earl of Carliſle, Edward Earl of Orford, Charles Viſcount Townſend, Thomas Lord Wharton, Ralph Lord Grey, John Lord Powlet, John Lord Sommers, Charles Lord Hallifax, John Smith, William Marques of Hartington, John Marques of Granby, Sir Charles Hedges, Robert Harley, Henry Boyle, Sir John Holt, Sir Thomas Trevor, Sir Edward Northey, Sir Symon Harcourt, Sir John Cook, and Stephen Waller to be Commiſſioners for the Kingdom of England, in this behalf, Giving unto you, any Seven or more of you full Power and Authority to Aſſemble and Meet with the Com⯑miſſioners Authoriz'd, or to be Authoriz'd by Us, purſuant to the ſaid Act made in Our Parliament of Scotland, or ſo many of them as ſhall be a Quorum, at Our Council Chamber at the Cockpit White-hall, upon Tueſday the 16th Day of April inſtant; and then and there to Treat and Conſult with them, of, and concerning ſuch an Union of the ſaid Kingdoms of England and Scotland, and of, and concerning ſuch other Matters, Clauſes and Things as you and the Commiſſioners Authoriz'd, or to be Authoriz'd as aforeſaid, or the Major part of you and them Aſſembled, ſhall upon mature Delibe⯑ration think Convenient and Neceſſary for Our Honour, and the Common Good of both Our ſaid Kingdoms for ever; and from time to time with or without Adjournments, to Aſſemble and Meet at the place aforeſaid, or at ſuch other place or places as the Major Part of you and them Aſſembled ſhall think fit; and to proceed in all and every the Matters herein beforementioned Committed to your Care, according to your beſt Diſcretions: And you are to take Care that all your Doings and Proceedings in and about the Premiſſes with the Commiſſioners Authoriz'd, or to be Authoriz'd as aforeſaid be Reduced into Writings or Inſtruments Quadrupartite, and that eve⯑ry part thereof be Subſcrib'd and Seal'd by you and them, and be preſented unto Us, and the Parliaments of both Kingdoms in ſuch Manner and Form, as in and by the ſaid Act firſt mentioned is en⯑joyn'd and required: In Witneſs whereof, We have cauſed theſe Our Letters to be made Patents. Witneſs Our Self at Weſtminſter the 10th Day of April, in the Fifth Year of Our Reign.

Per Breve de privato Sigillo Wright.
[20]
At the Council Chamber in the Cockpit, Tueſday the 16th April 1706.

In Purſuance of Her Majeſties Commiſſions under Her reſpective Great Seals of Scotland and England, The Lords Commiſ⯑ſioners of both Kingdoms, for the Treaty of Union, met at the Council Chamber in the Cockpit.

The Names of the Commiſſioners, as mentioned in the ſaid Commiſſions, are,

  • Scot.
    • James Earl of Seafield Lord Chan⯑cellor.
    • James Duke of Queensberry Lord Privy Seal.
      • John Earl of Mar.
      • Hugh Earl of Londoun.
      Secretaries of State.
    • John Earl of Sutherland.
    • James Earl of Morton.
    • David Earl of Wemyſs.
    • David Earl of Leven.
    • John Earl of Stair.
    • Archibald Earl of Roſeberry.
    • David Earl of Glaſgow Treaſurer Deput.
    • Lord Archibald Campbell Brother German to the Duke of Ar⯑gyll.
    • Thomas Lord Viſcount Duplin.
    • William Lord Roſs one of the Com⯑miſſioners of Treaſury.
    • Sir Hugh Dalrymple Lord Preſident of Seſſion.
    • Adam Cockburn of Ormeſtoun Lord Juſtice Clerk.
    • Sir Robert Dundaſs of Arniſtoun one of the Senators of the Col⯑lege of Juſtice.
    • Mr. Robert Steuart of Tillicultrie one of the Senators of the College of Juſtice.
    • [21] Mr. Francis Montgomery one of the Commiſſioners of Treaſury.
    • Sir David Dalrymple Sollicitor.
    • Sir Alexr. Ogilvie of Forglen Gene⯑ral Receiver.
    • Sir Patrick Johnſton Lord Provoſt of Edinburgh.
    • Sir James Smollet of Bonhill.
    • George Lockhart of Carnwath.
    • William Moriſon of Preſtongrange.
    • Alexander Grant younger of that Ilk.
    • William Seton younger of Pit⯑medden.
    • John Clark younger of Pennicook.
    • Hugh Montgomery late Provoſt of Glaſgow.
    • Daniel Stewart Brother German to the Laird of Caſtlemilk.
    • Daniel Campbell of Ardintennie.
  • [20] Engl.
    • Thomas Arch-Biſhop of Canterbur⯑ry.
    • William Cooper Eſquire Lord Keep⯑er.
    • John Arch-Biſhop of York.
    • Sidney Lord Godolphin High Treaſ.
    • Thomas Earl of Pembroke and Mont⯑gomery Lord Preſident of Council.
    • John Duke of Newcaſtle Lord P. S.
    • William Duke of Devonſhire Stew⯑ard of the Houſhold.
    • Charles Duke of Somerſet Maſter of Horſe.
    • Charles Duke of Bolton.
    • Charles Earl of Sunderland.
    • Evelin Earl of Kingſton.
    • Charles Earl of Carlile.
    • Edward Earl of Orford.
    • Charles Lord Viſcount Townſend.
    • Thomas Lord Wharton.
    • Ralph Lord Grey.
    • John Lord Powlet.
    • John Lord Sommers.
    • [21] Charles Lord Hallifax.
    • John Smith Eſquire, Speaker of the Houſe of Commons.
    • William Marqueſs of Hartington.
    • John Marques of Granby.
      • Sir Charles Hedges Kt.
      • Robert Harley Eſquire.
      Secretaries of State.
    • Henry Boil Chancellor, and under Treaſurer of the Exchequer.
    • Sir John Holt Knight, Chief Juſtice of the Court of Queens Bench.
    • Sir Thomas Trevor Knight, Chief Ju⯑ſtice of the Court of Common Pleas.
    • Sir Edward Northey Knight, At⯑torney General.
    • Sir Symon Harcourt Knight, Solli⯑citor General.
    • Sir John Cook Doctor of Laws, Advocat General.
    • Stephen Waller Doctor of Laws.

After the Lords, Commiſſioners for both Kingdoms had taken their Places, The Commiſſions were open'd, and Read by the reſpective Secretaries.

The Lord Keeper of the Great Seal of England, Addreſſing himſelf to the Lords Commiſſioners for Scotland, ſpoke in theſe Words,

My Lords.

WE the Commiſſioners appointed by Her Majeſty, and Autho⯑riz'd by the Parliament of England, To Conſult and Treat with your Lordſhips, as Impowred in like manner, by Her Majeſty and the Parliament of Scotland, concerning an Union of the two Kingdoms, and ſuch other things as We the Commiſſio⯑ners on both Parts ſhall think convenient and neceſſary for the Ho⯑nour of Her Majeſty, and the common Good of both Kingdoms, do apprehend there never was (in any Aſſembly of this nature) ſo little occaſion as at preſent, for the Commiſſioners of England, to give any verbal Aſſurances of their Zeal to Promote and compleat (ſo far as in their Power) the great and good Deſign we are met about, ſince it cannot be doubted, but that we bring along with [22] us the ſame Sentiments, which ſo lately appeared in the Parliament of England, when they took care to manifeſt by a ſolemn Act, that they did poſtpone all other Conſiderations to their evidencing a good and Friendly Diſpoſition towards the Kingdom of Scotland.

The Parliament of England, in making that unexpected Advance, ſeem'd Reſolved, if poſſible, to attain that Union, which hath been ſo long thought neceſſary, by all that wiſh well to the Proſperity of both Nations.

And We moſt ſincerely aſſure your Lordſhips, That we accord⯑ingly meet your Lordſhips, with Hearts fully Reſolv'd to uſe our outmoſt Endeavours to remove all Difficulties in this Treaty, to prevent all Miſunderſtandings, to cheriſh and Improve the Good Diſpoſitions to one another we meet with, to have the General and Joynt Good of both Kingdoms, ſolely in our View, and not the ſeparate of either; but to Act, as if we were already United in In⯑tereſt, and had nothing left to Conſider, but what Settlements and Proviſions are moſt likely to conduce to the common Safety and Happineſs of this whole Iſland of Great-Britain.

Which Meaſures, if purſued on both Parts, we hope may enable us to prepare ſuch Terms of Union, as may prove ſatisfactory to Her Majeſty, and the Parliaments of both Kingdoms.

And the Earl of Seafield, Lord High Chancellor of Scotland, on the part of the Lords Commiſſioners for Scotland, ſpoke as followeth,

My Lords,

THe Lords Commiſſioners for Scotland, have deſired me to Aſ⯑ſure your Lordſhips, that they meet you on this Occaſion, with great Willingneſs and Satisfaction, to Treat of an Union between the two Kingdoms, and of ſuch other Matters and Concerns, as may be for Her Majeſties Honour, and the maintain⯑ing a Good Underſtanding between the two Nations.

We are convinced that an Union will be of a great Advantage to both; the Proteſtant Religion will be thereby the more Firmly Se⯑cured; the Deſigns of our Enemies effectually Diſappointed; and the Riches and Trade of the whole Iſland Advanced.

This Union has been often Endeavour'd, both before, and ſince the Kingdoms were United in Allegiance under one Sovereign; and ſeveral Treaties have been ſet on foot for that End, tho without the deſired Succeſs; But now we are hopeful that this ſhall be the Happy Opportunity of Accompliſhing it; Her Majeſty hath fre⯑quently ſignify'd Her Good Inclinations towards it; And we are the more Encouraged to expect Succeſs in this Treaty, by the Good Diſpoſition appeared in the Parliament of Scotland for it, and by the Friendly proceedings in the laſt Seſſion of the Parliament of England, which gave general ſatisfaction.

[23] We have great Confidence in your Lordſhips Good Intentions, and we ſhall be ready on our parts, to enter into ſuch Meaſures with you, as may bring the Treaty to ſuch a Concluſion, as may be ac⯑ceptable to Her Majeſty, and to the Parliaments of both Kingdoms.

Ordered that Copies of the Two Commiſſions be prepared and Sign'd by the reſpective Secretaries, and Interchang'd againſt the next Meeting.

Adjourn'd to Munday next, the 22d. inſtant, 6 [...]a Clock in the Evening.

Munday, the 22d. April 1706.

THE Lord Keeper, in Name of the Lords Commiſſioners for England, Deliver'd to the Board Articles of Preliminaries, which were Read as followeth.

  • I. THAT all propoſals made by either ſide, be made in Writ⯑ing, and every point agreed on ſhall be reduced into Writing.
  • II. THAT no Point, tho' agreed on, and reduced into Writing, ſhall be Obligatory on either ſide, till all Matters be adjuſted in ſuch manner as will be proper to be laid before the Queen and the two Parliaments for their Approbation.
  • III. THAT there be a Committee appointed, conſiſting of a cer⯑tain Number of each Commiſſion, to Reviſe the Minutes of what paſſes, which are not to be inſerted by the Secretaries in their reſ⯑pective Books, but by Order of the ſaid Committee, having firſt made Report thereof to the reſpective Commiſſioners, and receiv'd their Approbation of the ſame.
  • IV. THAT all the Proceedings of the Commiſſioners of both Kingdoms, during the Treaty, be kept ſecret.

The Lord Keeper alſo deliver'd to the Board the following Pro⯑poſal, which was Read.

That the Two Kingdoms of England and Scotland be for ever United into one Kingdom by the Name of Great-Britain; That the United Kingdom of Great-Britain be Repreſented by one and the ſame Parliament; and that the Succeſſion to the Monarchy of the United Kingdom of Great-Britain, in caſe of Failure of Heirs of Her Majeſties Body, be according to the Limitations mentioned in an Act of Parliament, made in England, in the 12th and 13th Year of the Reign of the late King William, Intituled, An Act for the further Limitation of the Crown, and the better ſecuring the Rights and Liberties of the Subjects.

Adjourn'd to Wedneſday the 24th inſtant 5. in the Evening.

Wedneſday the 24th April 1706.

The Lord Chancellor of Scotland acquainted the Board, That the Lords Commiſſioners for Scotland do agree to the Preliminary Ar⯑ticles propos'd by the Lords Commiſſioners for England at the laſt [24] Meeting, for Regulating the Methods of Proceedings in this Treaty.

The following Propoſals were alſo delivered to the Board by the Lord Chancellor of Scotland; and were Read.

  • 1. That the Succeſſion to the Crown of Scotland, in caſe of Failure of Heirs of Her Majeſties Body, ſhall be Eſtabliſhed upon the ſame Perſons mentioned in an Act of Parliament made in Eng⯑land in the 12th and 13th Year of the Reign of the late King William, Intituled, An Act for the further Limitation of the Crown, and the better Securing of the Rights and Liberties of the Subjects.
  • 2. That the Subjects of Scotland ſhall for ever enjoy all Rights and Priviledges, as Natives of England in England, and the Domi⯑nions thereunto belonging; and Reciprocally, That the Subjects of England ſhall enjoy the like Rights and Priviledges in Scotland.
  • 3. That there be free Communication and Intercourſe of Trade and Navigation between the two Kingdoms, and Plantations there⯑unto belonging, under ſuch Regulations, as in the Progreſs of this Treaty, ſhall be found moſt for the Advantages of both Kingdoms.
  • 4. That all Laws and Statutes in either Kingdom contrary to the Terms of this Union be Repealed.

The Lords Commiſſioners for England withdrew, and being Re⯑turn'd, The Lord Keeper, in their Lordſhips Names, Delivered to the Board the following Anſwer, which was Read.

THE Lords Commiſſioners for England are ſo fully convinced, that nothing but an Entire Union of the two Kingdoms, will ſettle perfect and laſting Friendſhip between them; That they therefore think fit to decline entring into any further Conſideration of the Propoſal now made by the Lords Commiſſioners for Scotland, as not tending to that End and Deſire; That the Lords Commiſſioners for Scotland would be pleaſed to give in their Anſwer, to the Pro⯑poſal delivered on Munday the 22d inſtant by the Lords Commiſ⯑ſioners for England, in order to an entire Union of both Kingdoms.

Adjourn'd to Thurſday the 25th inſtant 5 in the Evening.

OBSERVATIONS on the MINUTS of the three firſt Days.

The Ceremonies on either Hand being over, Wedneſday was the firſt Day in which it may be ſaid, any thing of Buſineſs was entred upon.

The Commiſſioners on the Engliſh ſide preſented a Summary, as it may be call'd, of an Union in General, by which it is plain, a compleat Incorporation of the two Kingdoms was propoſed.

The Scots Propoſal was leſs General, and yet readily agreeing to the Succeſſion, to a Communication of Privileges, and an Inter⯑courſe of Trade.

I mention this here, becauſe it was afterwards objected to the Treaters on the Scots ſide in the following Parliament, That [25] they had given up their Countrey to the Engliſh, in coming into an Incorporating Union immediately, without propoſing any Terms which might have been more Advantageous to Scotland.

It is manifeſt the Scots Commiſſioners did make Propoſals of Uniting, which were not Incorporating; or at leaſt, which being reſtricted to their own Countrey only, were ſignificant of a Concern for Scotland, leaving the Propoſal on the behalf of England, to the Engliſh Commiſſioners.

But, as will appear in the ſubſequent Minuts, the Engliſh Commſſioners were come to a Reſolution previous to this Treaty, viz. That nothing could compleat the Felicity of either King⯑dom, and for ever remove all poſſible Difficulties, Breaches, and Separation of Intereſts from among them for the future, but an entire and Incorporating Union, by which the two Nations ſhould be formed into one Government, be under one Sove⯑reign Head, in one Repreſented Body, ſtanding upon one Foun⯑dation, enjoying equal Privileges, and in common bearing one ge⯑neral proportion of Burdens, the ſame in End and Mean, having but one Common Intereſt, one Name, and being for ever here⯑after but one People.

This therefore they laid down as the Theſis of their future Conferences, and purſuant to this, the firſt General they delive⯑red in, contain'd the Three and moſt Eſſential Articles of the following Treaty, viz. The Uniting the Two Kingdoms into One, the ſettling the Repreſentation in one Aſſembly of Par⯑liament, and the ſettling the Succeſſion in the ſame Line.

And the Scots Propoſals being ſhort in the General Incorpo⯑rating Part, the Engliſh Commiſſioners inſiſted upon it, as above, de⯑clining to Treat upon Particulars till that was firſt Determin'd, all Debate of Particulars being not ſo directly tending to a Con⯑cluſion, till the great and main Queſtion was Agreed to, Whe⯑ther the Union ſhould be Entire or no, in the ſenſe as above.

The proſecuting this Queſtion will effectually Defend the Scots Commiſſioners, who tho they were afterward convinc'd of the main Point in Debate, viz. That nothing but an Entire Union would be effectual to ſettle a laſting Friendſhip between the two Nations, yet did not ſo eaſily give up their other Pro⯑poſals, as was ſuggeſted; nor did they give them up at all meerly upon the Engliſh Commiſſioners refuſing to Treat on any other Foot—. For the directeſt Anſwer to a Reſolution ſo poſi⯑tive as that might have been thought to have been an equal Stiffneſs, and refuſing to reſolve upon ſo general a Clauſe, till other Heads had been Adjuſted.

But the Commiſſioners on the Scots ſide found themſelves convinc'd, Firſt, Of the Sincerity and candid Intentions of the Commiſſioners on the Engliſh Part, to purſue ſuch a Treaty, and in ſuch a manner, as might moſt conduce to the mutual Hap⯑pineſs [26] of both Kingdoms, and to make the Union both Laſting and Effectual.

Secondly, They found themſelves convinc'd upon ſerious De⯑bate and further Enquiry into Particulars, that nothing but this Incorporation of Intereſts, Privileges, and Circumſtances, could make an Effectual, Laſting, Indiſſolvable Union, and ſo they came unto it with the ſame Sincerity, and from the ſame candid Deſign of ſettling the whole, and of Acting to the advantage of Either Party—. Not being at all Over-ruled, Awed, or Drawn in, as was objected afterwards againſt them—. And this would appear at large, if the long Debates, Speeches, and Arguments on both Sides could have been recover'd.

Thurſday 25th April 1706.

THE Lord Chancellor, in the Name of the Lords Commiſſioners for Scotland, delivered to the Board an Anſwer to the Propoſal made on the 22d inſtant, by the Lords Commiſſioners for England, with a Proviſion therein-mentioned, which was Read.

THE Lords Commiſſioners for Scotland, have conſidered the Propoſal given in to them by the Lords Commiſſioners for England, on Monday the 22d inſtant, and do agree, that the two Kingdoms of Scotland and England, be for ever United into one Kingdom, by the Name of Great-Britain; That the United Kingdom of Great-Britain, be Repreſented by one and the ſame Parliament, and that the Succeſſion to the Monarchy of the Kingdom of Great-Britain (in caſe of Failure of Heirs of Her Majeſties Body) ſhall Deſcend upon the moſt excellent Princeſs Sophia Electoreſs and Dutcheſs Dowager of Hannover, and remain to her and the Heirs of her Body, being Proteſtants, to whom the Succeſſion to the Crown of England is pro⯑vided, by an Act made in the 12th and 13th year of the Reign of the late King William, Intituled, An Act for the further Limitation of the Crown, and better ſecuring the Rights and Liberties of the Subjects, and excluding all Papiſts, and who ſhall Marry Papiſts, in the Terms of the ſaid Act; With this proviſion, That all the Subjects of the Uni⯑ted Kingdom of Great-Britain, ſhall have full Freedom and Inter⯑courſe of Trade and Navigation, to, and from any Part or Place within the ſaid United Kingdom, and Plantations thereunto be⯑longing; and there be a Communication of all other Privileges and Advantages, which do, or may belong to the Subjects of either Kingdom.

THE Lords Commiſſioners for England withdrew, and being re⯑turned, the Lord Keeper did in the Name of the Lords Commiſſio⯑ners for England, deliver to the Board the following Reply, which was Read.

THE Lords Commiſſioners for England are of opinion, that the Proviſion added by the Lords Commiſſioners for Scotland, to the Propoſal made by the Lords Commiſſioners for England, upon the 22d inſtant, is a neceſſary Conſequence for an entire Union; And [27] therefore their Lordſhips do Agree to the ſaid Proviſion, under ſuch Terms as in the further Progreſs of this Treaty, ſhall be found to be for the common Advantage of both Kingdoms.

A Committee was appointed in Purſuance of the Third Article of Preliminaries for Reviſing the Minuts, and there was Nomi⯑nated on the part of

  • Scotl.
    • Earl of Sutherland,
    • Earl of Leven.
    • Lord Preſident of Seſſion.
    • Lord Juſtice Clerk.
    • John Clark of Pennicook.
    Or any three of them.
  • Engl.
    • Lord Grey.
    • John Smith Eſquire Speaker of the Commons.
    • Sir Thomas Trevor.
    • Sir John Cook.
    • Doctor Waller.
    Or any three of them.

Adjourn'd to Monday the 29th inſtant 5 in the Evening.

OBSERVATION II.

The Commiſſioners for Scotland, after the Debates and Reaſonings on the laſt Day about the general Propoſal of the Union, as an Incorporating Entire Union, had alſo a Meeting among themſelves, in which it was Determined after a long Conſideration, to Agree to the Propoſal made by the Engliſh Commiſſioners, of a full and entire Incorporation.

This is what was afterwards reflected on in Scotland, and which the oppoſing Party called A Betraying their Countrey; and as far as poſſible incenſed the People againſt them, who punning on the word Treaters, called them the Traitors; and on this Foot it was, that when the Rabble in Edinburgh firſt took a Head, they pretended to Inſult the Treaters, as the Perſons that had given them up to the Engliſh, and accordingly began with Sir Patrick Johnſtoun, a Perſon who was otherwiſe univerſally beloved among them, and had merited the Eſteem he had with them, by a Sober, Diſcreet, and Gentlemanlike Behaviour, as well when in the Government, having been Provoſt of Edinburgh but the year before, as at all other times.

Monday April the 29th 1706.

THE Lord Keeper, in the Name of the Lords Commiſſioners for England, deliver'd to the Board, the following Propoſal, which was Read.

THAT there be the ſame Cuſtoms, Exciſes and all other Taxes; and the ſame Prohibitions, Reſtrictions, and Regulations of Trade throughout the United Kingdom of Great-Britain.

[28] THE Lords Commiſſioners for Scotland withdrew, and being re⯑turn'd, the Lord Chancellor, in their Lordſhips Names, delivered to the Board the following Anſwer, which was Read.

THE Propoſal given in by your Lordſhips contains ſo many par⯑ticulars, that the Lords Commiſſioners for Scotland do propoſe, be⯑fore they offer any Anſwer to it, that there be a Committee appoin⯑ted of an equal Number of each ſide to adjuſt the ſeveral Points therein, and deſire that your Lordſhips will order an Accompt of the Taxes and other things in your Propoſal to be laid before the ſaid Committee, as the Lords Commiſſioners for Scotland ſhall be ready to do on their parts.

THE Lords Commiſſioners for England withdrew, and being re⯑turned, the Lord Keeper in their Lordſhips Names delivered to the Board the following Reply, which was Read.

THE Lords Commiſſioners for England have deſired a State of the Taxes, and other things in their laſt Propoſal mentioned, to be laid before them, in order to refer the ſame to the conſideration of a Committee to conſiſt of an equal Number of each ſide, which their Lordſhips propoſe to be the number of Eleven on each part, and of them any Six to have power to proceed in the Matters referr'd to them.

THE Lords Commiſſioners for Scotland agreed to appoint a Com⯑mittee to conſiſt of Eleven of each ſide, and of them any Six to have power to proceed, and that they ſhould be Nominated next Meeting.

Adjourned to the 1ſt of May 1706. 6 in the Evening.

Wedneſday the 1ſt of May 1706.

THE Lords Commiſſioners for both Kingdoms proceeded to No⯑minate the Committee agreed on the 29th ulto. to conſider Matters to be to them referr'd, and the Lords Commiſſioners following, were Nominated to be the ſaid Committee.

On the part of

  • Scotl.
    • Lord Chancellor.
    • Duke of Queensberry.
    • Earl of Mar.
    • Earl of Loudoun.
    • Earl of Sutherland.
    • Earl of Leven.
    • Earl of Stair.
    • Lord Duplin.
    • Lord Preſident of Seſſion.
    • Lord Juſtice Clerk.
    • Sir Patrick Johnſtone.
  • Engl.
    • Duke of Somerſet.
    • Earl of Bolton.
    • Earl of Sunderland.
    • Lord Tounſend.
    • Lord Wharton.
    • Lord Sommers.
    • Speaker of the Commons.
    • Marqueſs of Hartington.
    • Mr. Secretary Harley.
    • Henry Boyle Eſquire.
    • Sir Simon Harcourt.

[29] Agreed the abovenam'd Committee meet to Morrow morning ten a Clock, and that they have power to Adjourn themſelves.

Adjourn'd to Friday the 3d inſtant.

Friday the 3d May 1706.

THE Lord Treaſurer of England acquainted the Board that he was directed by the Lords Commiſſioners for England to let their Lordſhips know, That the Accompt of the Revenues and Debts of England deſir'd the 29th paſt to be laid before the Board had been prepared, but were not drawn in ſuch a manner as would fully an⯑ſwer the End for which they were propoſ'd; for which Reaſon they were directed to be drawn in another method, and hop'd they would be got ready to lay before the Board next Munday.

Adjourn'd to Munday the 6th inſtant.

OBSERVATION III.

The main Points of Union being thus ſettled, as above, and all the Federal Provincial and Confederating Schemes, which the World without Doors had filled their Heads with, being va⯑niſh'd, the Commiſſioners fell cloſs to their Work; and the firſt Article propoſed by the Engliſh Commiſſioners laid the Scheme of the whole Affair, viz. Cuſtoms, Exciſes, and Temporary Taxes, Prohibitions, Reſtrictions, and Regulations of Trade.

The great Queſtion now before them was, how to fix a Center in all theſe, or a great Standart of Equalities, ſo as every part might bear its equal Share of the Burdens of the War, in Proportion to its Capacity, and every part enjoy its equal Share of the Advan⯑tages of Commerce, each bear an equal part of the Weight of the Government, and reap an equal part of its Protection. This Scale of Equalities had a great Variety of Diſcording Parts in it; To bring together the Difficulties of which was the Buſineſs now before them, and the Method of Reconciling them, will appear in the further Obſervations on theſe Proceedings.

The firſt thing requiſit to bring this Matter into a way of De⯑bate, was for either ſide to give in a True State of the ordinary Revenue, the Debts and the Extraordinary Taxes of either King⯑dom, that a Scale of Proportions might be formed.

I mention it here, to note how naturally every thing occurr'd, in order to the main End; and how, after the firſt Conceſſion of an entire Incorporation, every thing, that might tend to Compleating that Deſign, came in of Courſe; For, without doubt, Equalities and Proportion of Taxes, Privileges and Ad⯑vantages, was, and muſt be the only Method, to bring about a compleat entire Union of Intereſts, and it was impoſſible to be done without it.

The Undertaking indeed Amazed the World, and when People began to look into it with but a Tranſient View, it appeared a [30] perfect Chaos, a Maſs of Abſurdities, which it would be impoſ⯑ſible to Reconcile; The People, who had propoſed their Fede⯑ral Schemes, laugh'd at this Project, and talk'd of it as impracti⯑cable, called it a Chimera of the Engliſh Miniſtery, and pretended to Propheſy its Dwindling into Nothing, and bringing the Treaty to the ſame Iſſue, as was done in the laſt Commiſſion.

But, when Abler Heads began to look into it, and take it to Pieces, the Parts all appear'd capable of Reduction into Form, and the Preſages of the Gentlemen who had ſo Banter'd it, ap⯑pear'd groundleſs, the Maſs began to move, and every thing re⯑tiring to its proper place, guided by the Temper, Moderation, and Application of the Commiſſioners, the Beautiful Thing, cal⯑led Union, began to ſhew it ſelf, and the Nation began to con⯑ceive Hopes of its being perfected, in ſpight of all the ſeeming Difficulties, with which the Enemies to the Deſign had clog'd Mens Expectation—, as will appear hereafter.

To bring the Ballance of Circumſtances upon the Stage, it was abſolutely neceſſary to enter into the ſeveral Inequalities, in which the two Kingdoms then ſtood; Theſe Inequalities, as they lay particularly before the Treaters, conſiſted in Matters of Taxes, Cuſtoms, Exciſes and Commerce.

In order to ſtate theſe, the ſeveral Debts and Revenue of the reſpective Nations were ſtated; Abſtracts of which are annexed to theſe Obſervations, as they were given in to the Commiſſio⯑ners of both Kingdoms.

Munday the 6th of May, 1706.

The Lord Keeper acquainted the Board, That the Lords Commiſ⯑ſioners for England had delivered to their Secretary a State of the Revenues and Income of England, and alſo of the Debts of the ſaid Kingdom, which were to be laid before the Lords of the Commit⯑tee of both Kingdoms at Their next Meeting.

Adjourn'd to Thurſday the Ninth inſtant.

Thurſday the 9th of May 1706.

The Lord Chancellor acquainted the Board, That the Lords Com⯑miſſioners for Scotland had delivered to Their Secretary, an Ac⯑count of the Revenue in Scotland, and the Summe about which the Debts of that Kingdom would amount to, to be laid before the Lords of the Committee of both Kingdoms.

The Lord Chancellor, in the Name of the Lords Commiſſioners for Scotland, Deliver'd to the Board an Anſwer to the Propoſal made by the Lords Commiſſioners for England on the 29th April, which was Read.

The Lords Commiſſioners for Scotland do agree, That all parts of the United Kingdom of Great-Britain be under the ſame Regula⯑tions, Prohibitions and Reſtrictions, and lyable to equal Impoſitions [31] and Duties for Export and Import; but in regard ſeveral of the Funds relating to the Cuſtoms, are already appropriated for the payment of Debts properly belonging to England, It's propos'd that an Equivalent be allowed for them.

The Lords Commiſſioners for Scotland do alſo Agree, That all the Subjects of the United Kingdom ſhall be lyable to equal Land Taxes, or Taxes upon the Pound-rent, Providing the Proportion for Scotland ſhall only be l. 12000, when one Shilling is impos'd on the Pound Rent on England; ſo that 48000 in Scotland ſhall be reckon'd equal to the 4 Shil. Aid now impoſed on England, and ſo proportionable, and to be rais'd in the ſame manner now uſed in Scotland, and free of all Charges.

The privat Rights of Corporations and Companies are reſerv'd to be conſidered in the Courſe of this Treaty.

The Lord Chancellor, in the Name of the Lords Commiſſioners for Scotland, deliver'd alſo to the Board the following Propoſal, which was Read.

The Lords Commiſſioners for Scotland do propoſe, That neither of the Kingdoms be burthen'd with the Debts of the other contract⯑ed before the Union.

Adjourn'd to Friday the 10th inſtant, 5 in the Evening.

OBSERVATION IV.

It was in the Debates of this Day, that the great Difficulties lay; and indeed thoſe that ſeemed moſt concerned for the Suc⯑ceſs, apprehended ſomething here too difficult to be Maſtered, and that would render all the reſt Abortive.

The State of the Affairs of either Nation was in ſhort thus,

  • 1. England had very large Incomes or Revenues, and their Cuſtoms and Exciſe brought in vaſt Sums, viz.
    • Cuſtoms, 1341559 l. per Annum.
    • Exciſes, 947602 l. per Annum.

But, on the other Hand, England had vaſt Debts lay upon them to diſcharge; and for the Diſcharge of which, theſe Re⯑venues, and almoſt all their other Taxes, the Land Tax and Malt Tax excepted, were Appropriated.

  • 2. Scotland had but ſmall Revenues, her Cuſtoms and Exciſe producing but the following Sums, viz.
    • The Cuſtoms let out in Tack or Farm from Year to Year only at 30000 l. per Annum.
    • The Exciſe, Farmed alſo, at 35000 l. per Annum.

But then the Revenue of Scotland was entirely free from Anti⯑cipations, or Appropriations on any Account of Debt; Not, but that there were Publick Debts too, but the Revenue was not Charged with them.

Now, upon the Uniting the Revenues of both Kingdoms, under theſe differing Circumſtances, there were but two poſſible Me⯑thods that could be propoſed;

  • Either, 1. That each Kingdom coming to a full Point in Matters of Revenue, ſhould, like two Tradeſmen coming into Partnerſhip, pay off their own reſpective Debts, and bring in their ſeveral Proportions of Stock clear of all In⯑cumberances.
  • Or, 2. That, putting the General Accounts of Debts and Stock together, the Engliſh ſhould make good the Inequa⯑lities to the Scots ſome other way.

The Scots Commiſſioners wiſely propoſed, for the Eaſe of their own Country, That the Revenues of Scotland ſhould not be at all Chargeable with the Engliſh Debts—; And this was thought to be a very good Argument, to Excuſe Scotland from ſome Duties, which, notwithſtanding the General Article of pay⯑ing Equal Taxes, Scotland could by no means bear; Of theſe, as they reſpect Cuſtoms or Exciſes, Foreign or Home Trade, I ſhall ſpeak as they come in Order.

But the Engliſh Commiſſioners adhering to the firſt Principle of the Treaty, viz. Of its being an intire Incorporating Union, were on that Account obliged to inſiſt upon this alſo, which formed afterward, the Sixth Article, viz. That there be an E⯑quality of Cuſtoms, Exciſes, and all other Taxes thro'out the United Kingdom, as that without which the Union could not be entire.

This being laid down as a general Theſis in the whole Debate, two things came in Courſe to be Examined as Mediums.

  • 1. A Scale of Proportions to form the Equalities.
  • 2. An Equivalent to be given for ſupplying unavoidable In⯑equalities.

And this will be found to run thro' the whole Series of the Trea⯑ty, as the Foundation of the whole; and however after Ridi⯑cul'd and Reflected on by the Oppoſers of the Treaty, it ap⯑pears to be the only Foundation they could have gone upon, and which was the only Medium to bring the Treaty into a poſſibi⯑lity of coming to a happy Concluſion.

No Man could deny but all Equalities conſiſted in Proporti⯑ons, and to have extended the thing called Equality of Taxes, to a Numerical Equality, as ſome pretend in England, was ſaying nothing, the Cuſtoms, manner of Valuation of Land, and innu⯑merable Circumſtances of Scotland, rendering it Impracticable.

The Engliſh Commiſsioners therefore when they inſiſted upon an Equality of Taxes, readily agreed to the giving Scotland an Equivalent for the payment of their own Debts, ſo far as their Cuſtoms and Exciſes ſhould come into the Appropriations of the Engliſh Revenue.

What Alterations, Exceptions, and Abatements were made as to Equalities of Taxes, will be ſpoken to in the Minutes of the Scots Parliament, where the Exceptions were made, and thoſe Calculations Adjuſted.

Friday the 10th May 1706.
[33]

THE Lord Keeper, in the Name of the Lords Commiſſioners for England, deliver'd to the Board, a Reply to the Anſwer made on the 9th inſtant, by the Lords Commiſſioners for Scotland, to their Lordſhips Propoſal on the 29 April laſt, which was Read.

The Lords Commiſſioners for England obſerving, that in the An⯑ſwer made by the Lords Commiſſioners for Scotland, the 9th inſtant, to their Lordſhips Propoſal of the 29 April, That there be an Equality of Cuſtoms, Exciſes and all other Taxes thro-out the United King⯑dom of Great-Britain, the Lords Commiſſioners for Scotland take no notice of what relates to Exciſes, The Lords Commiſſioners for Eng⯑land do therefore think it neceſſary to inſiſt upon their ſaid Propoſal, as that without which there cannot be an entire Union between the two Kingdoms, of which their Lordſhips are ſo deſirous on their Parts, that they are ready to agree to an equivalent for what Scot⯑land ſhall be Taxed towards Payment of the Debts of England in all Particulars whatſoever.

Adjourn'd to Munday the 13th inſtant 10 in the Morning.

Munday the 13th May 1706.

THE Lord Chancellor in the Name of the Lords Commiſſioners for Scotland, deliver'd to the Board a further Anſwer to the Propo⯑ſal made by the Lords Commiſſioners for England on the 29th April laſt, which was Read.

THE Lords Commiſſioners for Scotland did take into their Con⯑ſideration the Propoſal offered by the Lords Commiſſioners for England the 29th April, & found it comprehended ſo many Particulars, That they judg'd it moſt proper to anſwer it Point by Point; Accordingly on the 9th Inſtant, they gave an Anſwer as to the Cuſtoms & Land-tax, and did not mention any thing therein of the Exciſes, be⯑cauſe the Conſideration of theſe was depending before the Com⯑mittee of the Commiſſioners of both ſides; but to ſatisfie the Lords Commiſſioners for England, That nothing ſhall be wanting on the part of the Lords Commiſſioners for Scotland, that is neceſſary for the attaining an entire Union, they do agree to the Equality of Exciſes on Ale, Beer, Mum, Cyder, Sweets, Perry, Low-Wines, Aquavitae and Spirits; But they do propoſe an Ex⯑emption from all other Burthens and Exciſes within Scotland for a competent Time, to be adjuſted in the courſe of this Treaty, That the Subjects of Scotland may (by the benefit ariſing from the Com⯑munication of Trade) be put in a Capacity to bear a Proportion of other Burthens and Exciſes, being willing at the Commencement of the Union, to bear equal Exciſes on all that is Exported from Scot⯑land to England or the Plantations; And the Lords Commiſſioners for Scotland do hope, that the Lords Commiſſioners for England will be convinced that the Immunitie from theſe other Burthens and Ex⯑ciſes for a term of Years, is conſiſtent with an entire Union, and [34] will not put the Trade on an unequal Foot, when the preſent Cir⯑cumſtances of both Kingdoms are duly conſidered.

And whereas the Lords Commiſſioners for England, did, by their Propoſal, declare they were ready to agree to an Equivalent for what Scotland ſhall be Taxed in towards the payment of the Debts of England in all particulars whatſoever, the Lords Commiſſioners for Scotland are ready to enter with their Lordſhips into the conſi⯑deration of this Equivalent, and how to make it effectual.

THE Lords Commiſſioners for England withdrew, and being re⯑turn'd, The Lord Keeper, in their Lordſhips Names, deliver'd to the Board, their Reply to the foreſaid Anſwer, which was Read.

THE Lords Commiſſioners for England, taking into their Con⯑ſideration, the Paper delivered to them this Meeting, by the Lords Commiſſioners for Scotland, are ſo ſenſible of the Lords Commiſſio⯑ners for Scotlands having Agreed to an Equality of Exciſes, as to all Excyſable Liquors (as the Lords Commiſſioners for England under⯑ſtand the ſame) and to an Equality of Excyſes and Burthens on all Goods Exported to England, and the Plantations, which the Lords Commiſſioners for England do not doubt, will be Agreed to by the Lords Commiſſioners for Scotland, as to all Goods Exported to all places whatſoever, that to ſhew their Readineſs to comply with every thing Reaſonable, to the bringing this Treaty to a Good Effect; They are willing to enter into the conſideration of the par⯑ticular Excyſes and Burthens Point by Point, which being of ſeveral Natures, ſo that they will require to be diſtinctly conſidered, The Lords Commiſſioners for England find it neceſſary to deſire a little time, for giving their Opinion on each particular Head: But in General are enclin'd to conſent to an Exemption of Excyſes and Burthens, as propoſ'd in ſuch caſes, where it may be done without prejudice to the Trade, or Manufactures of England: As to the Ex⯑cyſes, where an Exemption cannot be conſented to without ſuch Inconveniency, The Lords Commiſſioners for England will conſider of a proper Equivalent, or ſome other expedient to promote the deſired Union of the two Nations.

AND as to thoſe Cuſtoms and Excyſes, to which their Lordſhips have already Agreed, and for which an Equivalent is to be allowed to the Kingdom of Scotland; The Lords Commiſſioners for England do think it would tend to the Diſpatch of this Treaty, that the Committee already appointed ſhould continue to ſit, in order to the Adjuſting that Matter.

Adjourn'd to Wedneſday the 15th Inſtant, 5 in the Evening.

Wedneſday the 15th May, 1706.

THE Lord Keeper, in the Name of the Lords Commiſſioners for England, delivered to the Board an Anſwer to the Propoſal made by the Lords Commiſſioners for Scotland on the 13th Inſtant, which was Read.

[35] THE Lords Commiſsioners for England, taking into conſiderati⯑on the Propoſal made by the Lords Commiſsioners for Scotland on the 13th Inſtant, That the Kingdom of Scotland ſhould be for a com⯑perent time, Exempted from all Excyſes and Burthens, others than ſuch as have been agreed unto by the Lords Commiſsioners for Scot⯑land; Have in order to comply with the ſaid Propoſal, ſo far as can be done, without prejudice to the Trade and Manufactures of Eng⯑land, diſtinctly enumerated and conſidered, the ſeveral Excyſes and Burthens, which are now payable by virtue of the divers Acts of Parliament in England, and which have not yet been Agreed to by the Lords Commiſsioners for Scotland, and do find the ſame to con⯑ſiſt of the particulars, which are hereafter mentioned, together with the Opinion and Anſwers of the Lords Commiſsioners for England, to the ſaid Propoſal, as to each of the ſaid reſpective Duties.

I. The Duty on Stampt-Paper, Vellom and Parchment, one Moiety whereof expires on the firſt of Auguſt 1710; The Lords Commiſſioners for England do conſent, That the Kingdom of Scot⯑land be exempted from the whole Duty until the firſt of Auguſt, which ſhall be in the Year of Our Lord 1710.

II. The Duty on Births, Marriages and Burials, which being to expire the firſt of Auguſt next, and therefore before the deſireable Union can take place, The Lords Commiſſioners for England do conceive it to be wholly Unneceſſary to enter further into the Conſideration of that Duty.

III The Duty payable on Windows and Lights till the firſt of Auguſt 1710: The Lords Commiſſioners for England are of Opini⯑on, That the Kingdom of Scotland ſhall be exempted from the ſaid Duty during that Term.

IV. The Duty on Coals and Culm payable to the 30th September 1710; As to this Duty, the Lords Commiſſioners for England do conſent, That the Kingdom of Scotland do remain exempted from the ſaid Duty during the ſaid Term, as to all Coals and Culm con⯑ſum'd within the Kingdom of Scotland, and no otherways:

V. The Duty on Mault granted for no longer time than the 24th June 1707; The Lords Commiſſioners for England do conſent, That the Kingdom of Scotland ſhall remain exempted during the ſaid Term from the ſaid Duty.

VI. The Duty on Salt; As to this Duty, the Lords Commiſſioners for England, to ſhew their Willingneſs to eaſe for ſome time the Poor of the Kingdom of Scotland, do conſent, That the Kingdom of Scotland ſhall, for a competent time after the Union, (to be ſettled in the Progreſs of this Treaty) remain exempt from the Pay⯑ment of that Duty for all Salt ſpent in Kind, or Uſed in Proviſions ſpent within the Kingdom of Scotland: Provided, that the Lords Commiſſioners for Scotland do propoſe effectual Methods to the Lords Commiſſioners for England, for ſecuring, that the like Duties, as are now payable in England, be payed and Collected in the King⯑dom of Scotland after the Union, without Fraud, as to all Salt Exported from that Kingdom, either in Kind or Proviſions.

[36] The Lord Chancellor, in the Name of the Lords Commiſſioners for Scotland, deliver'd to the Board an Explanation of their Agree⯑ment to the Exciſes, &c. mentioned in their Lordſhips Paper de⯑liver'd to the Board the 13th Inſtant, which was Read.

The Lords Commiſſioners for Scotland, by their Paper delivered the 13th Inſtant, did mean an Equality on all Exciſeable Liquors, as the Lords Commiſſioners for England did underſtand it; and they are willing there be an Equality of Exciſes and Burthens on all Goods Exported to all places whatſoever, which they agreed to by their Propoſal the 9th Inſtant.

Adjourn'd to Friday the 17th Inſtant, in the Evening.

Friday the 17th May, 1706.

The Lord Chancellor, in the Name of the Lords Commiſſioners for Scotland, deliver'd to the Board the following Paper, in Relati⯑on to the ſeveral Taxes and Exciſes, to which their Lordſhips had agreed, and renewing their Propoſal of the 13th Inſtant, for a Ge⯑neral Exemption for ſome competent time, from all other Exciſes and Burthens, than thoſe already agreed to, which was Read.

The Lords Commiſſioners for Scotland, ſince the laſt General Meeting, have again conſidered the Propoſition made by the Lords Commiſſioners for England the 29th April laſt, viz. That there be the ſame Cuſtoms, Exciſes and all other Taxes; and the ſame Prohibitions, Reſtrictions and Regulations of Trade thro'-out the United Kingdom of Great-Britain, with the Papers which have been ſince delivered by the Commiſſioners of both Kingdoms upon that Subject, and do with great Satisfaction Obſerve, that the diffe⯑rence, as to that Important Propoſal, is brought to a very narrow Compaſs. And the Lords Commiſſioners for Scotland take this Oc⯑caſion to Acknowledge the Senſe they have of the Regard ſhown by the Lords Commiſſioners for England, for the Subjects of Scotland after the deſir'd Union; And the Lords Commiſſioners for Scotland having, by their ſeveral Propoſals and Anſwers, agreed to the ſame Regulations of Trade, and to an Equality of Cuſtoms and Exciſes upon all Exciſeable Liquors, and a Quota of Land Tax, all to com⯑mence from the Union; As alſo to an Equality of all other Taxes after ſome Years, They do conceive, that they have fully comply⯑ed with the ſaid Propoſal of the 29th April, excepting only, that they have propos'd an Exemption for ſometime from all further Burthens, than thoſe expreſly conſented to. And as to the Exemp⯑tion deſired, The Lords Commiſſioners for Scotland are very ſen⯑ſible, That the Lords Commiſſioners for England have not only, by their Paper of the 13th Inſtant, declared, That they were en⯑clin'd to conſent in General, to an Exemption of Exciſes and Bur⯑thens, as propoſed in ſuch Caſes, where it might be done, with⯑out prejudice to the Trade and Manufactures of England; But that, in purſuance of that Good Diſpoſition, Their Lordſhips, by their Paper the 15th Inſtant, have conſented to an Exemption [37] in Favour of the Subjects of Scotland, from the ſeveral Duties, and for the particular Terms therein mentioned, whereby the Immuni⯑ty deſired is ſo far Granted; But the Lords Commiſſioners for Scot⯑land, from their Conſideration of the preſent Circumſtances of that Kingdom, find themſelves under a Neceſſity to renew their Propoſal of a General Exemption, for ſome competent time, from all other Exciſes and Burthens, Beſides thoſe great Duties and Taxes already conſented to, That the Subjects of Scotland may, by the Benefite of Trade, be enabled Cheerfully to bear an Equality of all other Bur⯑thens, which will greatly Advance a firm Union and Coalition of Affection and Intereſt betwixt the two Kingdoms.

Adjourn'd to Saturday the 18th Inſtant, 5 in the Evening.

OBSERVATION V.

The Commiſſioners were now entered upon the great Enqui⯑ry about Equalities, and the firſt Matter relating to Taxes was that of the Land Tax; The Land Tax in England was a For⯑midable Thing, being called a Tax of Four Shillings in the Pound of the Rent of Lands, &c. And the People who were Fond of Throwing a Tangled Skein in the Hands of the Treat⯑ers, that might Shock them at the beginning, would have gone upon that Foot, alledging, That tho' the Rents in Scotland were differing from thoſe in England; yet that 20 ſh. ſterl. Re⯑venue being the ſame thing any where, it could as well afford to pay 4 ſh. out of it in Scotland as any where elſe; and upon this Foot, it ſeems, were for bringing the Rents of Land in Scot⯑land to a true Eſtimate, and ſo they would call this way of Taxing an Equality.

But to this it was Anſwer'd, Firſt, That the Scots way of Collecting their Taxes, being rigorous and exact, if 4 s. per l. were laid by Parliament upon the whole Iſland, their Aſſeſſ⯑ments would bona fide be 4 s. per l. upon the Rack Rent of all their Lands.

Whereas 4 s. per l. in England never puts the Aſſeſſors out of their old Road, but every County being Rated in the very Bo⯑dy of the Act, the Title is Ipſo Facto Repeal'd, ſince if the Lands, &c. of that Country will raiſe the Money by an Aſſeſſ⯑ment of 1 s. 6 d. per Pound, and 'tis known ſome do for leſs, the Law is ſatisfied, and the End anſwered.

Now to Tax Scotland at 4 s. per l. upon her Nett Rent, and Tax the Northern and Weſtern Counties of England but at ſo much Money, which they can raiſe by a Proportion of 16 d. to 20 d. at moſt per l. would be unreaſonable.

So that it was plain, Scotland could not be Taxed at a Pound Rate, but at a Proportioned Summ, leaving them to the Diviſion of it, to raiſe it as they ſee fit.

II. The Sum charg'd upon Lands in England, after it is le⯑vied and raiſed from the Tenant, ſtands charg'd with large De⯑ductions [38] and Charges, upon the Levying, Collecting, and Re⯑ceiving; and thoſe Charges, if ſome Calculations are right, amount to little leſs than 9 d. per l. upon the Money receiv'd, beſides publick Loſſes by the Inſolvency of Receivers and their Securities, which oftentimes runs deep into the Money; and which tho' they cannot be brought into an exact Account, yet put all together, 12 d. per Pound may at leaſt very well be Charg'd upon the whole, as an Off-Reckoning or Diſcount up⯑on the Money, between the Collection and Exchequer.

This 12 d. per Pound upon the Money Collected is 2 d. 8/20 per Pound upon all the Rents in England, and amounts in every Land Tax to near a Hundred Thouſand Pound Sterling.

Now as on the other hand, the Scots Collect all their Tax at their own Charges, clear of all Loſſes, Deficiencies or Defalca⯑tions, and pay it in Nett to the Exchequer or Publick Trea⯑ſure, to Charge them by the ſame Numerical Equality with Eng⯑land, would be to make them pay their Taxes clear of Charge, and bear part of the Expence and Loſs in Collecting ours.

III. Differing Cuſtoms and Manners of paying Rent, and letting out Lands in the two Kingdoms, make a Numerical Equality Impracticable.

In England the Rents are paid in Mony, in Scotland they are, generally ſpeaking, paid in Kind, or Victual, as they call it: Now tho' 'tis true this may, and is, in ſome reſpect, brought to a Head by a General Valuation, yet, with this Difference, againſt a Scots Landlord to an Engliſh, viz. That the Scots Land⯑lord ſtays two Terms, and runs two Riſques in his receiving the Rent of his Land.

Firſt he ſtays the Term agreed to receive of his Tenant, and ſecondly he truſts the Merchant a ſecond Term, to whom he ſells the Produce he receives of his Tenant; in the ſame Senſe he runs two Hazards; one in the Solvency of the Tenant, and the other of the Merchant; which makes a conſiderable Difference in the Eſſential Value of the Rent, and conſequently of the Pur⯑chaſe of ſuch an Eſtate; and tho' the Purchaſe or Real Va⯑lue of Lands in Scotland may not come into this Diſpute; yet were an Eſtate let in England to pay the Rent in Kind, it would ſell for much leſs than an Eſtate of the ſame Value paid in Spe⯑cie: Nor would it be Tax'd at near ſo much in our Common Aſſeſſment.

IV. The Difference in letting Lands in England, which are in many Places fin'd down, and the ſtated Rents reduc'd, makes another Variation: Whereas in Scotland Lands are let without Leaſes, or but on ſhort Terms, and at a Rack-Rent; any Man that knows what belongs to Letting or Taking Lands in Eng⯑land cannot be ignorant—, That the Landlord, letting a long Leaſe to the Tenant, confining him to ſuch and ſuch Im⯑provement, makes frequent Conſiderations in the Rent, and ſo the Land being Taxed by the Rent, is Taxed under the Value.

[39] On the other hand, ſhould this Article of 4 s. per l. be inſiſt⯑ed on in the literal Sence, and the Scots come to conſider how to avoid it, by Fining down Rents and other Advantageous Methods, which they may eaſily find out, they might ſoon e⯑vade the Act, and pay little or nothing; and this would be an Evil hard to diſcover; and if found out, almoſt impoſſible to cure.

From theſe Reaſons it was plain, a Numerical or Arithmetical Equality could not be the Foundation of thoſe Debates—; But as it was very well Stiled, it behoved to be a Geometrical Equality, founded on a Scale of Proportions, and that Scale for⯑med upon due Conſiderations, not of real Value only, but of Circumſtances and Proſpects of either Kingdom.

A ſecond Calculate was then propoſed from the Proportion which Scotland was oblig'd to pay under Oliver Cromwel, who having reduc'd Scotland by Arms, Incorporated them into one Body with this Nation; and by this Incorporation they were Rated at 6000 l. per Month in their Land Tax, when England was Rated at 70000 l. per Month.

It alſo appears by the ſame Calculation, that Scotland paid this 6000 l. per Month, when England paid but 35000 l. per Month.

Now to apply this Calculation to the preſent caſe, the Land Tax in England in time of War, at 4 s. per l. is ſuppos'd to raiſe two Millions ſterling.

The Scots paying 6000 to Englands 35000 per Month, which is ſomething leſs than a ſixth part; By the ſame Rule in two Mil⯑lions per Annum, which the ſaid Land Tax raiſes, they muſt be chargeable with 333333. 6. 8. per Annum, Land Tax.

But this Arbitray difference which Oliver Cromwel and his Parliament made; as is obſerv'd, was, In conſideration that Eng⯑land had, for Divers years paſt, been at almoſt all the Expence of War; Yet ſtill, at the former Calculation, Scotland would in a four Shilling Aid, pay half that Sum, viz. 166666. 13. 4. per Annum.

Now to examine the Rents of each Kingdom, the Annual Rents of Lands in Scotland, muſt by the firſt Calculation, amount to One Million, Six Hundred, Sixty Six Thouſand, Six Hundred, Sixty Six Pound, Thirteen and Four Pence Sterling, per Annum, and by the laſt Calculation juſt half the Money.

Both which Sums it was alleaged are far wide of an Equality, and far beyond what Scotland is able to raiſe.

I am the larger on this Head, that Poſterity may ſee the Rea⯑ſons why theſe Calculations were made, and have the Arguments preſerved for their uſe, if it be Diſputed hereafter, why Scot⯑land ſhould pay ſo ſmall a Proportion in the Land Taxes or four Shilling Aid, and which may help others to Defend Scotland againſt future Attempts, to enlarge their Expences.

The next thing was to Examine what was, or what might be counted a due Equality; and here it will be neceſſary to enter [40] a little into the ſhort Hiſtory of Taxes in Scotland, ſince the Re⯑ſtoration; which, bringing it down to the preſent Time, may ſerve as a Rule to this Matter.

Anciently the levying Money upon Land in Scotland, was called in General the Taxation; and the manner of levying it was by Rules altogether obſolete and now grown out of Uſe, as the Cuſtom of Tenths, Fifteenths, Subſidies, &c. are in England.

The now Method of Taxing Land has its beginning, as to Practice, in the Aſſeſſment of 6000 l. per Month, ſettle in Scot⯑land in Cromwel's time, when an Union was actually form'd and ſettled between the Nations; of which, however deficient in it ſelf, without doubt this may be ſaid, that it had in it the Eſſen⯑tial Parts, and might be modell'd into a compleat Coalition.

This is the Tax they now go by in Scotland, and is called there THE CESS, by which is underſtood a Month's Aſſeſſment; 'tis raiſed upon Land by a Method peculiarly exact, and I have never heard any one complain of the Inequality.

'Tis raiſed, as is before noted, without any Charge, Deducti⯑on, or Defalcation, and is paid Nett into the Treaſury.

According as the Occaſions of the Government require, this Tax is encreaſed; but then not the Sum per Month is encreaſed, but the number of Months are encreaſed, which by the help of time encreaſes the Sum.

The Original of the Demand was as before, and of the Me⯑thod, but the Continuance of it was thus introduced;

In former times, the Kings of Scotland contented themſelves with the ancient Demeſnes, Crown-Lands, Cuſtoms, &c. and on extraordinary Caſes the Taxation, as above, was their Supply, Exciſes of any ſort were altogether unknown, till the Days of King Charles the Second.

King Charles the Second in the Year 1661, obtained of the Scots to give him a ſettled Sum of 40000 l. Sterling during his Life, in conſideration whereof, he promiſed never to demand any Ceſs or Taxation, except in time of War, as by the Words of the Act as follows—.

13 Act of the 1ſt. Parliament, Cha. 2.

The Eſtates of Parliament taking to their Conſideration the great Hap⯑pineſs this Kingdom hath enjoy'd, &c. and that the Kings Majeſty hath been graciouſly pleas'd, notwithſtanding all the Provocations given to himſelf and his Royal Father, to evidence his Affection and Favour to this his antient Kingdom, &c. do with all humble Duty acknowledge his Majeſties unparallel'd Grace and Goodneſs, &c.

And ſeeing for the due Eſtablishment of his Majeſties Authority, and ſettling and ſecuring the Peace of the Kingdom, his Majeſty may have occaſion to raiſe and keep ſome Forces within this Kingdom, and his Majeſty has ſignified his Reſolution, not to raiſe any more Ceſs. Therefore and from the due Senſe of their Duty and Obligations, the Eſtates of Parliament do in the Name of the Kingdom make an hum⯑ble and chearful Offer to his Majeſty, of a yearly Annuity of 40000 l. Sterl. during all the Days of his Majeſties Life time.

[41] This 40000 l. was raiſed by 8000 l. laid as Impoſt on Fo⯑reign Importations, and 32000 l. per Annum, on Malt, brewed into Liquor for Sale; but as this was a Novelty and uncertain in its Produce, a Ceſs was granted to make good the Deficiency, which Deficiency generally amounted to 2 Months Ceſs more or leſs, and other Ceſs than this Scotland knew none till the Convention 1666, which being a Time of War, a Ceſs was impoſed, but not exceeding 3 Months.

Here it may be obſerv'd, That in theſe times the Exciſes and Cuſtoms of Scotland could not raiſe 40000 l. per Annum, put together; which I note for the other Uſes which I ſhall make of it hereafter: but to go on with my Hiſtory.

From this time to the Year 1678, Scotland had no more Ceſs, nor was at any Charge more than to make good the Deficiency of the 40000 l. mentioned before; except 3 Months Ceſs during the Dutch War, expiring at Candlemas, 1674:

About this time, the Nation being very unhappily divided into Parties, had the Misfortune, not only to have a Religious Diviſion, but a Court Diviſion alſo; and People ſtrove at any Price to oblige the Sovereign in giving up their Priviledges and Liberties to be trampled on by Arbitrary Deſigns. The firſt Fruits of this Courting the Prince, appear'd in that they brought a Tax 5 Months Ceſs upon the Country to be continued for 5 Years; which, tho' in time of Peace, was back'd with a ſpecious Pretence of the Diſ-affection of the Phanaticks, or to expreſs it in a more modern Phraſe, The Danger of the Church, as follows:

Act of convention, 10 July, 1678.

The Convention of Eſtates of the Kingdom of Scotland by his Ma⯑jeſties Authority and Command, at this time aſſembled, conſidering the great Happineſs, &c. and as all Kings and Eſtates do at preſent carefully ſecure themſelves and their People, by providing againſt all ſuch foreign Invaſions and Inteſtine Commotions, as may make them a Prey to their Enemies; ſo it is not fit that this Kingdom ſhould only, of all others, remain without De⯑fence, in a time when theſe Dangerous Field Conventicles, declar'd by Law Rendezvouzes of Rebellion, do ſtill grow in their Numbers and Inſolencies, against all which the preſent Forces cannot be in reaſon thought a ſuitable Security; in Recog⯑nizance thereof, &c. The Convention of Eſtates, &c. do humb⯑ly beſeech his Majeſty to accept their chearful, and humble Ten⯑der of a new Supply.

This was the firſt Infraction upon the Scots, to cover which Duke Lauderdale then Commiſſioner, feig'nd a new Word, and put upon it the Gloſs of a VOLUNTAR OFFER, or free Gift.

[42] When this had been impos'd for about 3 years, and 2 years before it expir'd; King James then Duke of York, and high Commiſſioner in Scotland, Anno 1681, obtain'd the Continuati⯑on of this 5 Months Ceſs for 3 Years, which was to the Year 1684: After this when he came to the Crown, He advanc'd it by his meer abſolute Command to 8 Months Ceſs, and had it confirmed to him for his Life. Vide the Act, as follows.

12th Act of Parliament, Jan, 7.

The Eſtates of Parliament calling to mind the many great Bleſſings they have, and do enjoy under the Protection of the Royal Go⯑vernment, and eſpecially by the many Deliverances from the re⯑bellions Inſurrections and Deſigns of Fanatical Traytors; from whom they could expect no leſs than Confuſion in Religon, Op⯑preſſion, &c. And that the Terror of his Majeſties Forces hath been very inſtrumental for procuring our preſent Security; but conſidering, that not only theſe Enemies continue their inveterate Hatred againſt King and People; but that their frequent Diſappointments have heightn'd their Malice to Deſpair, and that the preſent Forces may be too few to undergoe all the Fatigue which his Majeſties Service, &c. may require, and to demonstrate to all ſeditious men, that this Nation is reſolved to beſtow all they have in the Kings Service, rather than to bear the leaſt of their Inſults; Do there⯑fore, for themſelves and the Nation repreſented by them, make a hearty and dutiful Offer, &c. Over and above the 5 Months already impoſed, &c. Whereby there will be 4 Months Ceſs payable at each Term hereafter, and as a farther Evidence of their entire Affection, &c. they humbly and heartily offer a Continua⯑tion of the ſaid 4 Months Ceſs, TERMLY, during all the Terms of his Majesties Life time, which God Almighty long preſerve.

In this Taxation or Ceſs the ſeveral Court Parties ſtruggled, who ſhould give their Country away faſteſt, the Biſhops got in⯑to every part of the Civil Juriſdiction; the Severities againſt the People firſt drove them into Deſparations and Rebellions, and then ſuch Advantages were taken, and ſuch uſe made of the ſaid Inſurrections to ruine others, that the poor People were brought to the Brink of general Ruine: the Nation being brought to that paſs, that a Man might be fin'd or for faulted; that is, his Eſtate taken from him, for his Wives giving a Half-penny at his Door to a common Beggar, on pretence it was relieving a Rebel.

Thus poor Scotland was bought and ſold, and the Example is uſeful for our Obſervation a great many ways; for thus ſhall every Nation be uſed, that is divided into contending Parties, and expos'd to an encroaching Government.

But that I may not have ſaid all this foreign to the preſent Purpoſe, it is very obſervable, and this is the Reaſon of the Quo⯑tation, that this will make one PERIOD for Taxation, viz. the [43] higheſt that an Arbitrary Prince back'd with a Mercenary Nobi⯑lity, and a Governing Clergy, even in the greateſt Extream of Abſolute Tyranny, ever impos'd upon this Nation, which at that time 'tis evident they deſir'd to ſqueeze, and car'd not if they entirely ruin'd.

Come we now to the Revolution, which theſe Exorbitances had no little Influence upon; the firſt thing Tranſacted upon the Meeting of the Eſtates or Convention of Scotland, was to break theſe Chains; re-aſſume the Power of raiſing Taxes by Parliament, and make themſelves Judges both of the Occaſion, and of the Sum.

However as in England ſince the Revolution, greater Occaſi⯑ons have call'd for immenſe Sums to carry on the War; and ſuch Taxes have been rais'd as were never heard of before; ſo in Scotland the Parliament have agreed to ſuch Taxes, as, the aforeſaid Time of Tyranny excepted, were never known in Scotland before.

Yet, in the carrying on this War, ſix or ſeven Months Ceſs, has, one time with another, been thought Scotland's full Pro⯑portion, and the late KING, excepting one or two Years on ex⯑traordinary Occaſions, always contented himſelf with it, and this at the ſame time that England rais'd 4 s. per l. upon their Land; Nor did Queen Anne ever demand more of her Subjects in Scotland, tho' the Weight of the War was as great as ever, and this was called another PERIOD of Taxation.

Now, what was mean't by a Geometrical Scale, or Equali⯑ty in Taxes, is drawn from theſe Proportions.

That, ſince exact Valuation of Rents cannot be made on both ſides, and leaſt of all in England, it ſeems as good a way to come at this Equality, as any could be propoſed.

That the higheſt Period of Taxes that ever Scotland bore ſince the Reſtoration, may be taken on one hand, and ſet a⯑gainſt the higheſt Period of Taxes that ever England bore, that is, of a Land Tax on both ſides; and put theſe together as the Scale of Equality.

Thus ſuppoſe the Scots 8 Months Ceſs, tho' that was the heighth of Tyrannick Impoſition, and tho' 'tis allowed the Scots are manifeſtly impoveriſh'd, and leſs able to bear it than they were; yet ſay, it be full 8 Months Ceſs, and ſet this againſt the Engliſh 4 s. per l. it could not be found, that any more juſt Calculation could be made; And the Proportion ſeem'd ſo clear, that every ſide appeared content with it.

Thus when ever a Tax upon Land for 4 s. per Pound is grant⯑ed, the Scots pay 8 Months Ceſs, if of 2 s. per Pound in Eng⯑land, 4 Months Ceſs; and ſo in Proportion.

There were other Calculations offered about that time, but none ſeemed ſo rationally and ſo exactly ſtated to the Circum⯑ſtances of the Nations, or built on ſo juſt a Foundation; and therefore it met with leſs Difficulty than was expected, as will appear hereafter.

Saturday, the 18th. May 1706.
[44]

THE Lord Keeper, in the Name of the Lords Commiſſioners for England, delivered to the Board their Anſwer to the Paper delivered by the Lords Commiſſioners for Scotland the 17th Inſtant, which was Read.

THE Lords Commiſſioners for Scotland on the 9th inſtant, pro⯑poſed a Quota of a Land Tax, and agreed to the ſame Regulations of Trade, and to an Equality of Cuſtoms; and on the 13th agreed to an Equality of Exciſes on all Exciſeable Liquors; but, at the ſame time, their Lordſhips propos'd an Exemption from all other Burthens and Exciſes, for a competent time.

THE Lords Commiſſioners for England did the ſame Day return Anſwer, That their Lordſhips would enter into the Conſideration of the particular Exciſes and Burthens, Point by Point, and on the 15th Inſtant did return their Anſwer diſtinctly, to the particular Exciſes and Burthens payable by virtue of ſeveral Acts of Par⯑liament in England, in ſuch manner, as their Lordſhips had reaſon to hope, would have been to the entire Satisfaction of the Lords Commiſſioners for Scotland; But the Lords Commiſſioners for Eng⯑land finding, by the Paper delivered in on the 17th Inſtant by the Lords Commiſſioners for Scotland, that tho' they do take notice of the ſaid Anſwer of the 15th; yet their Lordſhips have thought fit to renew their Propoſal of a general Exemption for ſome competent time, from all other Exciſes and Burthens, beſides theſe their Lord⯑ſhips had already conſented to: The Lords Commiſſioners for Eng⯑land did underſtand that Propoſal of the 13th, to extend only to ſuch other Burthens and Exciſes, as are now ſubſiſting in England, to every one of which their Lordſhips think they have given a full and diſtinct Anſwer; and if it ſhall appear, that any Particulars have been omitted in that Anſwer, the Lords Commiſſioners for England, will enter into the Conſideration of them, and return their Opinion thereupon; But if the Lords Commiſſioners for Scotland would ex⯑tend their Propoſal of the 13th to an Exemption from all Burthens and Exciſes, which the Parliament of Great-Britain may hereafter find neceſſary to Impoſe on the United Kingdom; The Lords Com⯑miſſioners for England are of Opinion, that it cannot be ſuppos'd, the Parliament of Great-Britain will ever lay any ſort of Burthens up⯑on the United Kingdom, but what they ſhall find of neceſſity at that time, for the Preſervation and Good of the whole, and with due Re⯑gard to the Circumſtances and Abilities of every part of the United Kingdom; and to allow of any Suppoſition to the contrary, would be to form and ſet up an unanſwerable Argument againſt the Union it ſelf; Therefore the Lords Commiſſioners for England do Deſire, That the Lords Commiſſioners for Scotland would take into their Conſide⯑ration, the ſeveral Particulars in that Paper delivered to them by the Lords Commiſſioners for England on the 15th Inſtant, and return ſuch Anſwer to them as their Lordſhips ſhall think fit.

Adjourn'd to Tueſday the 21ſt Inſtant, 5 in the Evening.

Tueſday the 21ſt May 1706.
[45]

THE Lord Chancellor, in Name of the Lords Commiſſioners for Scotland, deliver'd to the Board their Lordſhips Anſwer to the Papers deliver'd by the Lords Commiſſioners for England the 15th and 18th Inſtant, which was Read.

THE Lords Commiſſioners for Scotland have taken into their Conſideration, the Papers delivered by the Lords Commiſſioners for England on the 15th and 18th Inſtant, and do underſtand that the Firſt contains all the ſeveral kind of Burthens and Exciſes now in uſe in England, beſides thoſe to which the Lords Commiſſioners for Scotland have already agreed.

And as to the ſeveral particulars contain'd in the ſaid Papers.

1. As to Duties on Stampt Paper, Vellom and Parchment, ſeing the Exemption from that Impoſition can have no Influence on Trade or Manufacturies, and that the ſaid Duty does affect the Securities of the Subjects Eſtates, adding likewiſe a new Condition, which being omitted may make their Rights and Titles void: And further conſidering, that the ſaid Duty will be uneaſie to the People, chargeable in collecting, and of ſmall value; The Lords Commiſ⯑ſioners for Scotland do propoſe, That the Kingdom of Scotland be wholly exempted from the ſame, or at leaſt that the Exemption from the ſaid Duties, agreed to by the Lords Commiſſioners for England in the ſaid Paper of the 15th Inſtant, be prolong'd beyond the Year 1710, to a certain Period, as to that Moiety which is impoſed for Perpetuity.

2. As to the other particular Duties which expire in the Year 1710 or ſooner, from which the Lords Commiſſioners for England have agreed, that the Kingdom of Scotland ſhall be exempted: The Lords Commiſſioners for Scotland do underſtand, that it was the Meaning of the Lords Commiſſioners for England, to extend that Exemption to the Duty laid on Cynders.

3. As to the Duty on Salt; The Lords Commiſſioners for England having conſented, that the Kingdom of Scotland ſhall, for a compe⯑tent time after the Union, remain Exempted from the payment of that Duty, for all Salt ſpent in kind, or uſed in Proviſions, within the Kingdom of Scotland, provided that the Lords Commiſſioners for Scotland ſhould propoſe effectual Methods for ſecuring, that the like Duties as are now payable in England, be Paid and Collected in the Kingdom of Scotland after the Union, as to all Salt Exported from that Kingdom, either in Kind or Proviſions: The Lords Com⯑miſſioners for Scotland have herewith given in a Scheme of ſuch Re⯑gulations as have occurr'd to them, for ſecuring, that the Duty pro⯑pos'd be collected in Scotland, as to all Salt Exported from that Kingdom in Kind or Proviſions, and are willing to agree to what other Methods ſhall be propos'd on that behalf by the Lords Com⯑miſſioners for England; And their Lordſhips are ready to enter with the Lords Commiſſioners for England, on the Conſideration of the time to which the ſaid Exemption ſhall be limited; And the [46] Lords Commiſſioners for Scotland doubt not, but as the Lords Com⯑miſſioners for England have agreed to the Exemption propos'd from all Burthens or Exciſes now in uſe, but thoſe conſented to by the Lords Commiſſioners for Scotland, That the Lords Commiſſioners for England will alſo agree, That the Kingdom of Scotland remain Ex⯑empted from any Duties (except theſe agreed to) which may be laid on by the Parliament of England before the Union.

AND as to the General Exemption formerly propos'd on the part of Scotland, from all other Burtheus than thoſe conſented to for a com⯑petent time. The Lords Commiſſioners for Scotland conſidering what the Lords Commiſſioners for England have obſerv'd, that it cannot be ſuppos'd the Parliament of Great-Britain will ever lay any ſort of Burthens 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 Abili⯑ties of every part of the United Kingdom. Therefore the Lords Commiſſioners for Scotland, to avoid the Difficulty that may ariſe in that Matter, do agree, not to inſiſt further at preſent, but to leave the Continuation of the ſaid Exemption to be determin'd by the Parliament of Great-Britain.

AND the Lords Commiſſioners for Scotland having, by this and their former Papers, Anſwer'd the Propoſal made by the Lords Commiſſioners for England on the 29th April, concerning the Equa⯑lity of Taxes, The Lords Commiſſioners for Scotland take this oc⯑caſion to put the Lords Commiſſioners for England in mind of a Pro⯑poſal given in to their Lordſhips the 9th Inſtant, concerning the Quota of Land-Tax for the Kingdom of Scotland, not doubting, but that the Lords Commiſſioners for England will agree to the ſame.

THE Lord Chancellor did alſo, in Name of the Lords Commiſ⯑ſioners for Scotland, deliver to the Board the following Propoſal, which was read.

PROPOSAL for the effectual preventing the Exportation of Scots Salt to England, or the Plantations, without paying the ſame Ex⯑ciſes, with which Engliſh Salt is charg'd, during the Exemption al⯑lowed to Scotland from the ſaid Duty.

1. THAT no Salt be Tranſported from Scotland to England by Land, under the Penalty of Forfeiting the Salt and the Horſes uſed in Tranſporting it, and pay ten Shillings for every Buſhel of Salt ſo Tranſported, for which the Carrier, as well as the Owner, ſhall be lyable Conjunctly and Severally, and the Carriers to be Impriſon'd until the ſaid Penalty be paid.

2. That all Salt Water-born be enter'd at a Cuſtom Office, and that before Shipping there be a Report made, expreſſing to what Port the Ship or Veſſel is bound, and if bound to any Port within Scotland, there ſhall be ſufficient Security given for the Duty payable in ſix Moneths, with this condition, that in caſe a Certificate be re⯑turned from the Collector or Collectors where the Ship or Veſſel is bound, that the ſame Quantity was truly and without Fraud found Loaded at the ſaids Port or Ports, reaſonable Allowance being made [47] for Waſte ſince the Embarkation; Then and in that Caſe the Bond for the Duty to be come void: And in caſe the Ship or Veſſel be bound for England or the Plantations, The Exciſe or Duty chargeable on the like Salt in England ſhall be preſently paid in Money, and a Tranſire or Certificate Subſcribed by the Collector, expreſſing the quantity of Salt Enter'd and the Duty paid; and if any Ship or Veſſel Load Salt on Board, and Export the ſame without duly Reporting, Entring and carrying the ſaid Tranſire or Certificate along with him, to be produced at the Port of Diſcharge; The Ship or Veſſel unload⯑ing ſhall be confiſcated, and the Maſter Impriſon'd for three Months, and in caſe of any Fraud or Connivance in the Collector or other Of⯑ficers of the Cuſtom-houſe, the ſaid Collector or other Officer ſhall be lyable to pay a years Sallary, and be deprived of his Office.

3. As to Proviſions; All Fiſhes and Fleſh Barrel'd for Exportation, are appointed to be Packt and Cured with Forreign Salt without any Mixture of Scotch or Engliſh Salt, by the Law of Scotland, which Forreign Salt falls under the Regulation of Forreign Trade, and there are no other valuable Proviſions that can be Imported from Scotland; and the Lords Commiſſioners for Scotland are willing to agree to any further Propoſal that ſhall be made for preventing Fraud, in Importing Scotch Salt or ſalted Proviſions.

Her Majeſty came to the Meeting, and being ſeated in her Chair, ſpoke to the Lords Commiſſioners as followeth.

My Lords,

I Am ſo much concerned for the UNION of the two Kingdoms, That I could not ſatisfie my ſelf without coming before I went out of Town, to ſee what Progreſs you had made in the Treaty, and to recommend very earneſtly to you the bringing it to a happy Concluſion, with as much diſpatch as the nature of it will admit, not doubting of the General ſatisfaction which my Subjects of both Kingdoms will receive in finding you overcome all difficulties to at⯑tain ſo great and publick a Good.

THE Lord Keeper deſired to know of Her Majeſty, if ſhe would be pleaſ'd to hear the Propoſals made on either ſide, and the Reſoluti⯑ons hitherto taken thereupon, read by the reſpective Secretaries; which her Majeſty was pleaſed to allow of, and the ſame were Read accordingly.

After Reading whereof, Her Majeſty went away, and the Lords Commiſſioners Adjourned to Thurſday the 23d Inſtant, 10 a Clock in the Morning.

OBSERVATION VI.

And thus after all the Difficulties which were thought Un⯑ſurmountable by ſome, and endeavoured to be made ſo by others, the Affair of the Land Tax was ſettled; The next Article was the [48] Equality of Exciſes, Cuſtoms and other appropriated Funds, and theſe had ſundry Difficulties.

Some were grievous to Scotland with reſpect to their Magni⯑tude only, in which caſe tho' Scotland was to be ſuppoſed to pay Duties under the ſame Denominations, yet the Scots Com⯑miſſioners pretended to inſiſt upon it, that they were not able to pay the ſame Sums with England, but that it muſt be reduced to a proportioned Equality as in the Land Tax, and this reſpected the Exciſe and ſeveral Branches of the Cuſtoms.

Others were grievous to Scotland in the kind, and were thought Impracticable, at leaſt for a time, the Trade, Poverty, and other Circumſtances of Scotland not admitting them, theſe were the Tax upon Malt, and the Exciſe, or Duty on Salt.

Others again were ſuch as were altogether Impracticable, as having none of the Materials to work on in Scotland, or ſuch as could not rationally be expected from them, ſuch as the Taxes upon Coals, Culm, Hawkers and Pedlars, Hakney-Coach-Men, Births, Burials, and Marriages, Glaſs-Windows, Stampt-Paper, and the like.

In the beginning of the Debate on theſe Heads, the Equality of Cuſtoms, Export and Import, with the ſame Reſtrictions and Regulations of Trade was Agreed to by the Scots Commiſſioners; for the neceſſity of Commerce made it plain, there could be no adjuſting Trade without that. An open free uninterrupted Com⯑merce by Land being the Conſequence of an Union, they would otherwiſe ruine the Engliſh Trade, by ſupplying the Engliſh Markets with all ſorts of Imported Goods, cheaper than the Engliſh Mer⯑chants could do; and this would be a moſt deſtructive Article in Trade, eſpecially in fine Goods. For Example, in Linens from Ham⯑borough or Holland, or in Tobacco, Coffee, Tea, Chacolate, and ſuch other things as were then under large Duty and ſmall Car⯑riage; theſe would all be ſpread over England by the Scots, and make unſpeakable Confuſions in Trade.

It was the ſooner concluded therefore, that the Cuſtoms, Pro⯑hibitions, and Charges of all foreign Importations, muſt be nu⯑merically and literally the ſame in both Nations. But as the Engliſh Cuſtoms were already Impropriated to pay the Engliſh Debts, and the Scots had before propoſed, that neither Kingdom be burthened with the Debts of the other Contracted before the Union; this Equality was found very difficult; and next to Impracticable, and this brought on the affair of an Equivalent; of which hereafter.

This now run thro' all the Heads of Taxes, for there remained no Queſtion, but that an Equivalent was a full Compenſation for any Difficulty propoſed; and yet the ſettling an Equivalent here ſeem'd no Satisfaction. It was alleged an Equivalent was a Na⯑tional Satisfaction indeed, but not a perſonal, that it could not relieve the particular People it Oppreſſed, no, nor make good the Damage of the particular Trade it would injure; and [49] therefore the Scots Commiſſioners ſtrove hard to avoid the Taxes wholly, rather than to come into them tho' with an Equiva⯑lent—, but it was not to be done; there could be no other Method that could make both ſides equally Eaſy.

After this had therefore been long Diſcours'd, the Scots Commiſſio⯑ners came in to the Article of Equality of Exciſes on Liquors, & the Cuſtoms on Exported and Imported Goods, the Debate of what that Equality was did not ly before them, but ſeem'd referr'd on both ſides to the reſpective Parliaments, and there we ſhall meet with it again at large.

The Cuſtoms & Exciſes on Liquors being thus ſettled, the Scots Commiſſioners Excepted againſt all other Exciſes & Burthens, and inſiſted upon it as a Thing Scotland was not then in a Condition to come into, at leaſt for the preſent, as you ſee it expreſſed in the Minuts of May 13. And it is obſervable the Scots Commiſſioners made this Propoſal with a great deal of Candor and Regard to the Engliſh, as appears by their obviating the Objection which they knew would be made of the Carrying Salt and Malt into Eng⯑land; for it was the particular Duties on Salt and Malt which they had an Eye to in this Propoſal, in which they deſired Ex⯑emption for ſo much only as ſhould be conſumed in Scotland.

Upon this occaſion the Committee was appointed to Examine and State the Nature of the Equivalent, and on which particu⯑lar Articles it was to be allowed; And as this was doing, the Commiſſioners in their Meeetings went upon the particular Points of Exciſes, or Taxes which were to be objected againſt.

The Stampt Paper, the Births, Burials, Windows, &c. were without much Difficulty conceded to the Scots; for as the Cir⯑cumſtances of thoſe Duties made them improper, ſo the Stampt Duties could not have been extended to Scotland, the Methods and Cuſtoms of which would have made it Impracticable in ſome Caſes, and Intolerable in others.

The Duties on Coals, Culm, and Cinders, alſo occaſioned very ſmall Debates, the Scots being no otherwiſe Exempted from thoſe Duties, than a great part of England is, who pay no Duty for all their River-born Coals; and the Quantity of Coals carried by Sea in Scotland, is ſo very ſmall as not to deſerve any notice; Howbeit all the Coal Exported from Scotland, or Scots Coal Ex⯑pended in England, pays as in England.

The Births and Burial Act expired, and having been grievous in England, it was not probable it ſhould be Renewed.

The Hakney-Coach-Mens Act could not concern Scotland, there being ſo few Hakney-Coaches in Edinburgh, as not to make it worth notice.

The Malt and Salt Tax occaſioned the greateſt Debate, the Circumſtances of Scotland were argued, tho' with great Modeſty and Decency, on either ſide; and the Engliſh Commiſſioners were ſoon made ſenſible, That, in the preſent Circumſtances of Scotland, thoſe Duties could not be born there.

[50] And indeed they would have been intolerable to the Poor, and not only as to the Magnitude, but as the manner of Taxing them had been particularly Oppreſſive to the Scots in their Trade.

1. Becauſe they are Exorbitant in their Rate, being Charg'd not upon the Value, but upon the Bulk of the Commodity; and the Goods bearing ſo different a Value in Scotland and in Eng⯑land, to put the Duty equal, would be to Tax the Scots in three times the Sum they are Tax'd at in England.

For Example, the Duty upon Salt is charg'd by Weight in general, and this being Calculated in Scotland, would amount to 16 s. 4 d. Sterling, upon 3 s. value, and in England to but 16 s. 4 d. Sterling, upon 10 s. 6 d. Value, or thereabout; let any Man ſtate the Proportion, here they will eaſily allow the Tax to be intolerable to the Scots; ſince by the ſame Proporti⯑on the Engliſh ought to pay 2 l. 17 s. 4 d. for the ſame quantity of Salt, or the Scots ought to pay but 4 s. 8 d. for that which by this Tax is rated at 16 s. 4 d. and the like, tho not in ſo great a Difference, for the Malt.

2. The Weight of the Salt Tax lyes eſpecially on the Poor, who in Scotland live very much on Salt Meats, and whoſe dif⯑fering Condition from the Engliſh does not permit, nor cannot bear being Tax'd at all, much leſs equal to the Engliſh.

Theſe Arguments brought the Engliſh Commiſſioners to agree to an Exemption for a time, the Scots Commiſſioners inſiſted upon an Exemption to perpetuity, but the Anſwer of the Engliſh Commiſſioners ſtated in the Minuts of the 13th May is very clear, and obliged the Scots Commiſſioners to Acquieſce.

For it could not be thought reaſonable to tye up the Hands of the United Kingdom for ever, not to lay on ſuch Duties or Taxes as the Circumſtances of Trade and of the Nation, might make reaſonable.

The Treaters on both ſides therefore Acquieſced in the Ex⯑emption from the other ſeveral Duties during the reſpective Terms they were given for; leaving the Conſideration of further Exemptions to the Britiſh Parliament, what Alteration this part received, and upon what Conſideration in the Parliament enſu⯑ing in Scotland, ſhall appear in its place—.

There was an Objection offered here about what Duties might be laid on by the very next Parliament of England, which being to ſit almoſt at the ſame time with the Parliament in Scotland, and conſequently before the Union could Commence, might alter the ſtate of the preſent Duties; And ſo the Concluſions might be all to be made over again.

But this was after ſome Debate Regulated as per the Minuts, by obliging Scotland to raiſe her part of the Charge of the Year 1707, as uſual, and England her part, each ſeparately and a part, and the ſeveral Duties and Funds mentioned, were to remain juſt as they ſtood at the time of the Treaty.

[51] This, and the Quota of Land-Tax being brought in together, was readily Agreed to on both ſides.

And thus this great Difficulty, which was thought the moſt dangerous in the whole Treaty, was brought into a very narrow Compaſs; For the Buſineſs was now, only to ſtate the matter of the Equivalent, what it ſhould be, and how to be diſpoſed.

What it ſhould be, admitted no long Debate; For, as it was a payment of Money, nothing but Money could be an E⯑quivalent to it.

How much it was to be, depended upon Matter of Fact, and was reſerv'd to exact Calculation from the Foot of the Cuſtoms and Exciſe.

As to the manner how it ſhould be diſpoſed, the Commiſ⯑ſioners did not adjuſt it at all, ſave in Generals, of which here⯑after in its Courſe.

It has been objected indeed, as an Omiſſion in the Commiſ⯑ſioners, That they did not adjuſt the Application of the Equi⯑valent in Scotland; But their Reaſons were, 1. Becauſe they had a Reſpect to the Parliament of Scotland who were to come after them, and who perhaps might enter farther into that part, and indeed might claim a Right excluſive of all others to diſ⯑poſe of it.

2. They were not willing to enter upon a thing, in which the Determination of Properties might be entangled, conceiv⯑ing it did not ly before them to conclude private Intereſts, or exclude any, as they might have done, who had Reaſon to claim upon old Debts, ſome in King James's Time, and ſome in King Charles's Time, and the like.

3. It was thought, this might raiſe Objections againſt the Union in People, who, being byaſs'd by their Intereſt, would oppoſe the General Intereſt on their own particular Accounts.

It was now that the Union appear'd hopeful, and People be⯑gan to be ſurprized at the Succeſs; The Queen Her ſelf, pleaſ⯑ed with the Proſpect, came to the Meeting, and hearing the Minuts Read, Expreſſed an Extraordinary Satisfaction in the Steps taken by the Commiſſioners, and the Hopes conceived of bringing this Great Matter to a Happy Concluſion.

Thurſday the 23d May 1706.

The Lord Keeper, in Name of the Lords Commiſſioners for Eng⯑land, deliver'd to the Board the followng Anſwer to the Paper de⯑livered by the Lords Commiſſioners for Scotland, the 21ſt Inſtant, which was Read.

The Lords Commiſſioners for England having conſidered the Papers deliver'd by the Lords Commiſſioners for Scotland, on the 21ſt Inſtant, and being deſirous to remove all Difficulties in this Treaty, return this Anſwer.

[52] That whereas the Lords Commiſſioners for England have already conſented, That the Kingdom of Scotland be exempted from the whole Duty on ſtampt Paper, Vellom and Parchment till the 1ſt of Auguſt 1710, at which time one part thereof expires; The Lords Commiſſioners for England do now conſent, That the Kingdom of Scotland ſhall not be charged with the other part of that Duty dur⯑ing the continuance of that Duty by any Act now in Force.

And do Agree, It was and is the Intent of the Lords Commiſſio⯑ners for England, That the Kingdom of Scotland be exempted from the payment of the Duty laid on Cynders, in ſuch manner as the Lords Commiſſioners for England have before agreed, That the Kingdom of Scotland be exempted from the payment of the Duty on Coal and Culm.

And as to the Scheme propoſed by the Lords Commiſſioners for Scotland, for ſecuring, that the Duty on Salt now payable in Eng⯑land, be collected in Scotland after the Union, as to all Salt export⯑ed from that Kingdom in Kind, or Proviſions; The Lords Commiſ⯑ſioners for England have thought it neceſſary to receive ſome Infor⯑mation concerning that Matter, from the Officers principally concern'd in the Management of that Duty; and until the Lords Commiſſio⯑ners for England can be ſatisfyed concerning the Sufficiency of theſe or other Methods for the end propos'd, They conceive they cannot properly enter with the Lords Commiſſioners for Scotland on the Conſideration of the time, to which the Exemption of Scotland from that Duty ſhall be Limited.

And as to the Duty which may be laid on by the Parliament of England, before the Meeting of the Parliament of Great-Britain, for the Service of the Year 1707: The Lords Commiſſioners for Eng⯑land do agree, that the Kingdom of Scotland ſhall not be charged with thoſe Duties, upon this Conſideration, that the Parliament of Scotland do make the neceſſary Proviſion for the publick Charge and Service of the Year 1707 in that Kingdom, provided, that if the Parliament of England ſhall think fit to lay a further Charge on the Cuſtoms, or thoſe Exciſes, of which the Lords Commiſſioners for Scotland have agreed to bear equal Burthens in ſuch caſes; The Lords Commiſſioners for England propoſe the Kingdom of Scotland be ly⯑able to the ſame Cuſtoms and Exciſes, having an Equivalent to be ſettled by the Parliament of Great-Britain: And as to the Quota of a Land Tax for the Kingdom of Scotland, propos'd by the Lords Commiſſioners for Scotland, the Lords Commiſſioners for England do agree, that whenever the Summe of 1997763 lib. 8 ſh. 4½d. ſhall be enacted by the Parliament of Great-Britain to be rais'd in Eng⯑land on Land, and other things uſually charg'd in Acts of Parlia⯑ment, for granting an Aid to the Crown by Land-Tax, the King⯑dom of Scotland ſhall be charged by the ſame Act with the further Summe of lib. 48000 as the Quota of that Kingdom to ſuch Tax, and ſo proportionably for any greater or leſſer Summe rais'd on the Kingdom of England by any Tax upon Land, and other things uſu⯑ally charg'd together with the Land.

Adjourn'd to Friday the 24th Inſtant, 3 in the Evening.

OBSERVATION VII.
[53]

It is very remarkable here, That, in the Exemptions from ſeveral Duties in this Treaty, there is a certain Limitation only to the Act then in Force, and to the Time for which theſe Duties were then laid on; From whence ſome afterward took Occaſion againſt the Treaters on the Scots ſide, as if they had thereby tacitly con⯑ſented, that thoſe Duties ſhould be charged upon Scotland after the Expiration of the Time Limited.

But they that pleaſe to Examine more Nicely into this Mat⯑ter, will find it quite otherwiſe: The Engliſh Commiſſioners con⯑ſenting to an Exemption from Taxes to the Scots, For, as far as the ſeveral Duties debated were laid, ſeem'd as much as could reaſonably be expected they ſhould agree to; ſince, to have gone farther, had been to abridge the United Parliament that was to follow, and tacitly to acknowledge what was but too frequently ſuggeſted, that they would be Partial to the Engliſh, and conſequently might oppreſs the Scots; This was the true Mean⯑ing of that part of the Anſwer the Engliſh Commiſſioners gave to the Scots Paper, May 18, viz. But if the Lords Commiſſioners for Scotland would extend their Propoſal of the 13th to an Exempti⯑on from all Burthens and Exciſes, which the Parliament of Great-Britain may hereafter find neceſſary to Impoſe on the Ʋnited King⯑dom; The Lords Commiſſioners for England are of Opinion, That it cannot be ſuppos'd, the Parliament of Great-Britain will ever lay any ſort of Burthens upon the Ʋnited 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 Ʋnited Kingdom, and to allow of any Suppoſi⯑tion to the contrary, would be to form and ſet up an unanſwerable Argument againſt the Ʋnion it ſelf.

This was very happily foreſeen, and by this Method pre⯑vented; For nothing was more certain, than that this very Argument would be raiſed, and in the debating this Treaty in Scotland, in the Parliament there, it was one of the great Pleas, and thought to be an Unanſwerable Argument againſt the Union, viz. That the Parliament of Great-Britain might and would, be⯑ing byaſs'd by the Majority of Votes on the Engliſh ſide, lay Burthens on Scotland, without Regard to the Circumſtances and A⯑bility of that part of the Ʋnited Kingdom; And it would indeed have been an Unanſwerable Argument, if the Lords Commiſſio⯑ners had extended their Limitations of Taxes beyond the Ex⯑piration of the Acts which were then in being.

Therefore they reſolved to leave it indefinite, only with their Conceſſions, as Reaſons for, and Precedents of future Abate⯑ments to Scotland; And this the Commiſſioners of Scotland found ſo reaſonable, as that they could not indeed object againſt it, [54] as to any Duties which the Parliament then in being in Eng⯑land, and which were at hand to fit, viz. in October next follow⯑ing, it was but juſt to ty them up, and the Engliſh Commiſſioners came readily into that; and thus they went on hand in hand, yielding to one another in every thing which might without Injury be granted, and which might in the leaſt contribute to the great and main End of the Treaty THE ƲNION.

And now they having Clerks appointed to aſſiſt them in the Calculations of the Equivalent, which took up a great deal of Time, they were obliged to adjourn the Affair of Funds, Taxes, Proportion of Debts, &c. and go upon other Articles in the mean time.

Friday the 24th May 1706.

The Lord Chancellor, in Name of the Lords Commiſſioners for Scotland, deliver'd to the Board the following Paper, which was Read.

The Lords Commiſſioners for Scotland are very ſenſible of the Care, which the Lords Commiſſioners for England have taken, to remove Difficulties in this Important Article, concerning common Taxes and Impoſitions; And their Lordſhips doubt not, that the Joynt Deſires and Endeavours of the Lords Commiſſioners for both Kingdoms, will bring this Treaty to a good and ſpeedy Concluſion in every Point.

And as to the Particulars contain'd in the Anſwer, given in by the Lords Commiſſioners for England; the 23d Inſtant; The Lords Com⯑miſſioners for Scotland do accept the ſaid Anſwer as ſatisfying, as to the Exemption of the Kingdom of Scotland from the Duties upon Stampt Paper, Vellom and Parchment, and upon Cynders, and as to the Quota of Land Tax for Scotland.

And as to the Article concerning the Salt, The Lords Commiſſio⯑ners for Scotland are very well ſatisfy'd, that the Lords Commiſſio⯑ners for England take what time they judge needful for Informing themſelves, and preparing the moſt proper Methods, for ſecuring what their Lordſhips propoſed; The Lords Commiſſioners for Scot⯑land being very ready to concur on their part.

As to the Duties which may be laid on by the Parliament of Eng⯑land, before the Meeting of the Parliament of Great-Britain, The Lords Commiſſioners for Scotland do underſtand, that the ſaid An⯑ſwer is intended by the Lords Commiſſioners for England, as an Agreement to the Propoſal made by the Lords Commiſſioners for Scotland, That that Kingdom might remain Exempted from all other Duties laid on by the Parliament of England before the Union, except theſe conſented to; And the Lords Commiſſioners for Scotland do Agree, That all neceſſary Proviſion ſhall be made within the Kingdom of Scotland, for the Charge and Service of that Kingdom, during the time that ſhall Interveen before the Meeting of the Parliament of Great-Britain.

[55] And whereas the Lords Commiſſioners for England do propoſe, That if the Parliament of England ſhall think fit to lay a further Charge on the Cuſtoms, or thoſe Exciſes, of which the Lords Com⯑miſſioners for Scotland have agreed to bear equal Burthens, in ſuch caſes the Kingdom of Scotland be lyable to the ſame Cuſtoms and Exciſes, having an Equivalent to be ſettled by the Parliament of Great-Britain, The Lords Commiſſioners for Scotland do conſent in the Terms propos'd.

And ſeing the Adjuſting of the Equivalent, and ſettling the Endurance of the Exemption from the Duty on Salt may require ſome time, the Lords Commiſsioners for Scotland are ready, either to pro⯑ceed on theſe Matters, until they be fully Adjuſted, or to enter on the conſideration of the Conſtitution of the Parliament of Great-Britain; The Reſervation of Laws and Judicatures, or any other remaining Head to be Treated on, as ſhall be Agreed by the Lords Commiſsioners for both Kingdoms, while in the mean time the Committee is preparing what lyes before them.

Adjourn'd to Saturday the 25th Inſtant, 6 in the Evening.

Saturday the 25th May 1706.

THE Lord Keeper, in Name of the Lords Commiſſioners for Eng⯑land, delivered to the Board, their Lordſhips Anſwer to the Paper delivered by the Lords Commiſſioners for Scotland the 24th Inſtant, which was Read.

ALL the Matters which have hitherto been under the conſidera⯑tion of the Commiſſioners for both Kingdoms, appearing by the Paper delivered by the Lords Commiſſioners for Scotland, the 24th Inſtant, to be adjuſted, except only the Determination of the Equi⯑valent, and the time for which the Exemption of Scotland from the Duty on Salt is to endure; both which things are put into a proper Method to be brought to a Concluſion; The Lords Commiſſioners for England are ready to receive any further Propoſal from the Lords Commiſſioners for Scotland, in order to the bringing this Treaty to a ſpeedy and happy Concluſion.

Adjourn'd to Monday the 27th Inſtant 6 in the Evening.

Monday the 27th May 1706.

THE Lord Chancellor, in Name of the Lords Commiſſioners for Scotland, acquainted the Board, that their Lordſhips for Scotland, were preparing a Propoſal concerning the Reſervation of Laws and Judicatures in Scotland after the Union, which would be ready to offer to the Board at next Meeting.

Adjourn'd to Wedneſday the 29th Inſtant, 6 in the Evening.

Wedneſday the 29th May, 1706.
[56]

The Lord Chancellor, in the Name of the Lords Commiſsioners for Scotland delivered to the Board the following Propoſal, which was Read.

The Lords Commiſsioners for Scotland having already agreed to an Equality of Cuſtoms and Exciſe upon all Exciſeable Liquors, and to the ſame Regulations of Trade thro-out the whole United King⯑dom, as a conſequence thereof; Their Lordſhips do now agree, That the Laws concerning Regulation of Trade, Cuſtoms and Exciſe upon all Exciſeable Liquors be the ſame in Scotland after the Union, as in England.

But the Lords Commiſsioners for Scotland do propoſe, That all other Laws in Uſe within the Kingdom of Scotland do after the Union, and notwithſtanding thereof, remain in the ſame Force as before, but alterable by the Parliament of Great-Britain, with this difference betwixt the Laws concerning publick Right, Policy and Government, and thoſe which concern private Right; That the Laws which concern publick Right, Policy and Government may be made the ſame thro-out the whole United Kingdom; But that no alteration be made in the Laws which concern private Right, ex⯑cept for evident utility of the Subjects within that part of the United Kingdom now called Scotland. And as to the Judicatures within Scotland, The Lords Commiſioners for Scotland do propoſe as fol⯑loweth.

That the Court of Seſsion or College of Juſtice do after the Union, and notwithſtanding thereof, remain in all time coming within Scotland, as 'tis now conſtituted by the Laws of that Kingdom, and with the ſame Authority and Priviledges as before the Union; ſubject nevertheleſs, to ſuch Regulations for the better Adminiſtra⯑tion of Juſtice as ſhall be made by the Parliament of Great-Britain.

That the Court of Juſticiary do alſo after the Union, and not⯑withſtanding thereof, remain in all time coming within Scotland, as 'tis now conſtituted by the Laws of that Kingdom, and with the ſame Authority and Priviledges as before the Union; ſubject never⯑theleſs, to ſuch Regulations as ſhall be made by the Parliament of Great-Britain, and without prejudice of other Rights of Juſticiary.

That all other Courts preſently 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 ſubordinat, as they now are to the Supreme Courts of Juſtice within the ſame, in all time coming.

That no Cauſes in the Kingdom of Scotland be Cognoſcible by the Courts of Chancery, Queens Bench, Common Pleas, or any other Court in Weſtminster Hall, and that the ſaid Courts or any others 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.

[57] That there be a Court of Exchequer in Scotland after the Union, for deciding Queſtions concerning the Revenues of Cuſtoms and Ex⯑ciſes, having the ſame Power and Authority, as the Court of Ex⯑chequer has in England, and that the ſaid Court of Exchequer in Scot⯑land 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 that Kingdom after the Union.

That after the Union, The Queens Majeſty and Her Royal Suc⯑ceſſors may continue a Privy Council in Scotland, for preſerving of publick Order and Peace, until the Parliament of Great-Britain ſhall think fit to alter it, or Eſtabliſh any other effectual Method for that end.

That all Heretable Offices and Juriſdictions, and Offices or Juriſ⯑dictions for Life be Reſerv'd to the Owners thereof, as Right of Property, notwithſtanding of this Treaty, in the ſame manner as they are now Injoy'd by the Law of Scotland.

That the Rights and Priviledges of the Royal Burroughs in Scot⯑land, as they now are, do remain entire after the Union, and not⯑withſtanding thereof.

Adjourn'd to Thurſday the 30th Inſtant, 6. in the Evening.

OBSERVATION VIII.

The Reſerve of Judicatories in Scotland being now the De⯑bate, it is needful only to Explain a few things for the Informa⯑tion of the Reader, as to the Nature of thoſe Judicatories and Reſerves.

It was abſolutely neceſſary to reſerve the Laws, Courts of Juſtice, and Civil or Criminal Judicatories, becauſe the re⯑ſpective Kingdoms being Govern'd by differing Cuſtoms, Rites, Laws, and Methods of Juſtice, it would have infinitely Embar⯑raſt the Treaty now, and the Kingdoms afterward to have made any Alteration: It would have perfectly put a ſtop to all publick Juſtice for a time, and all the Perſons bred to the Law in that Kingdom who had changed their Laws, would have been rendred Unable to Practiſe or Diſcharge their Duty to their Clients, &c. and have been by conſequence diveſted of their Livelyhoods; Theſe Difficulties appearing ſo great, the Engliſh Commiſſioners came readily into it, only with a few Reſtricti⯑ons: As

  • 1. That all Laws for the Regulating Trade, Cuſtoms and Exciſes, be the ſame in Scotland after the Union as in Eng⯑land; This was abſolutely neceſſary to be done, tho' if they ſhould extend the word, to all Laws for Regulation of Trade it might be run out to difficult Extremes, & occaſion an unanſwerable Diſpute; but moderately ſpeaking, it was abſolutely neceſſary to prevent the confuſion among Officers in Collecting the Revenue, ſtating and ſettling [58] the Cuſtoms and Exciſes, which were now to be extend⯑ed to both Countries.
  • 2. Again, it was moſt neceſſary that their other Laws ſhould be alterable by the Parliament of Great Britain, otherwiſe this had been to tye up the Hands of the fu⯑ture Conſtitution from making neceſſary Proviſion againſt whatever Inconveniencies might happen in the Govern⯑ment; And I mention this here, becauſe in the tumultu⯑ary Clamours raiſed afterwards againſt the Treaty, and againſt the Treaters, this was one of the great Quarrels, That they had given up the Laws and Conſtitution of Scotland, and had ſubjected them to the arbitrary Votes of a Britiſh Parliament, in which it was alledged, the Majority being ſo much Engliſh, the Scots could expect nothing but Diſadvantage. But it is apparent, and was at the time of the Treaty conſidered, that the leaving the Laws of Scotland ſubject to Alteration by the Britiſh Parliament, ſignified no more than leaving room for the Parliament in Caſes of Neceſſity, or indeed on all oc⯑caſions, to make Laws for Scotland, as ſhould appear need⯑ful for the publick Advantage, always reſerving their general Form of Law and Proceedings of Juſtice, as be⯑fore; And without this, Scotland muſt have been miſe⯑rably left without a Legiſlature, and have had no oppor⯑tunity to have helped her ſelf in Caſes contingent, or have obtained any more or other Laws for the Rectifica⯑tion of any of the common Abuſes of her Government, which it ſeems theſe Objectors did not think it worth their while to conſider.

And that this alone was the meaning of this word, Alterable by the Parliament of Great Britain, and that it was underſtood ſo on both Hands, is evident from the very words of the Propoſal of the Scots Commiſſioners, when they propoſe the Alternative between publick and private Right—, With this difference be⯑twixt the Laws concerning publick Right, Policy and Government, and thoſe which concern privat Right; That the Laws which con⯑cern publick Right, Policy and Government may be made the ſame thro-out the whole Ʋnited Kingdom; But that no Alteration be made in the Laws which conern privat Right, except for evident utility of the Subjects within that part of the Ʋnited Kingdom now called Scotland.

The three next Articles do alſo ſtill more evidently Con⯑firm this, viz. That the Court of Seſſion, or College of Juſtice, do, af⯑ter the Ʋnion, and notwithſtanding thereof, remain in all time com⯑ing within Scotland, as 'tis now Conſtituted by the Laws of that Kingdom, and with the ſame Authority and Priviledges as before the Ʋnion; Subject nevertheleſs, to ſuch Regulations for the better Ad⯑miniſtration of Juſtice, as ſhall be made by the Parliament of Great-Britain.

[59] That the Court of Juſticiary do alſo, after the Ʋnion, and not⯑withſtanding thereof, remain in all time coming within Scotland, as 'tis now Conſtituted by the Laws of that Kingdom, and with the ſame Authority and Priviledges as before the Ʋnion; Subject never⯑theleſs, to ſuch Regulations as ſhall be made by the Parliament of Great-Britain, and without prejudice of other Rights of Juſticiary.

That all other Courts preſently 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 Subordinat, as they now are, to the Supreme Courts of Juſtice within the ſame, in all time coming.

Now it was thought moſt Irrational to argue, That the Laws and Conſtitution of Juſtice in Scotland was in this Treaty, gi⯑ven up to the Engliſh; When as, by theſe Articles, the Courts of Juſtice, and the General Form of Adminiſtration, ſuch as the Seſſion, Juſticiary, and all other Courts, were to remain in Force for ever, or in all time coming:

And yet, as if this had not been enough to ſecure the Scots from this Fear, the Commiſſioners for Scotland Form the Ne⯑gative, and in it enter on the Particulars, viz. That no Cauſes in the Kingdom of Scotland be Cognoſcible by the Courts of Chancery, Queens Bench, Common Pleas, or any other Courts in Weſtminſter Hall, and that the ſaid Courts, or any other of the like Nature, af⯑ter the Ʋnion, 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.

The Privy Council indeed was left to the Queen to Diſſolve or Continue, as Her Majeſty might ſee Cauſe—; But that was by the Treaty ſubject to Parliamentary Determination, and how the Queen referr'd it to the Parliament, will appear in its Courſe.

Nay the Treaters were ſo tender of this General Invading the Particulars, That they took Care to Exempt Private Juriſdicti⯑ons and Properties from the Power or Cognizance of Parliament, which is what is not done in England, and which, it has been thought even in Scotland too, had been better left to the Parlia⯑ment in time, to have Diſſolved, giving Satisfaction to the Par⯑ties concerned, I mean, ſuch as Heretable Offices, Juriſdictions for Life, &c.

All theſe Proviſions were ſo exactly ſtated, and ſo forcible in themſelves, and the Scots Commiſſioners had ſo ſhown both their Capacity in the Affairs of Scotland, and their Candor in reſpect to Union, in the Great Affair before them, That the Engliſh Commiſſioners made no Objection, but agreed to it, as they, the Scots Commiſſioners had brought it in, without any Amendment.

And this Formed the 18, 19, 20, 21 Articles of the Uni⯑on, which were ſo clearly digeſted, that they admitted little or no Debate afterwards in the Parliament of Scotland, where [60] all the reſt paſt the ſtricteſt Scrutiny, and almoſt a Fiery Trial.

Thurſday, the 30th May, 1706.

The Lord Keeper, in Name of the Lords Commiſſioners for Eng⯑land, delivered to the Board the following Anſwer to the Propoſal made by the Lords Commiſſioners for Scotland the 29th Inſtant; which was read.

The Lords Commiſſioners for England having conſidered the ſe⯑veral Propoſals contain'd in the Paper delivered the 29th Inſtant, by the Lords Commiſſioners for Scotland, and being extremely deſirous to bring this Treaty to a ſpeedy and happy Concluſion, do agree to the ſame, Reſerving ſtill the Conſideration of the Courts of Ad⯑miralty of Scotland to the further Progreſs of this Treaty.

Adjourn'd to Saturday the 1ſt June 1706, 6 in the Evening.

Saturday, the 1ſt Day of June 1706.

The Lord Keeper, in Name of the Lords Commiſſioners for Eng⯑land, acquainted the Board, That their Lordſhips for England were preparing ſome Propoſals, which would be ready to offer to the Board at the next Meeting.

Adjourn'd to Wedneſday the 5th Inſtant, 6 in the Evening.

Weneſday the 5th of June 1706.

The Lord Treaſurer, in Name of the Lords Commiſſioners for England, deliver'd to the Board the following Anſwer to the Propo⯑ſal offered by the Lords Commiſſioners for Scotland the 21ſt of May paſt, which was Read.

The Lords Commiſſioners for England having taken into Conſide⯑ration the Propoſals deliver'd in to them the 21ſt day of May laſt by the Lords Commiſſioners for Scotland, for the effectual prevent⯑ing the Exportation of Scots Salt to England or the Plantations, without paying the ſame Exciſes with which Engliſh Salt is charged, during the Exemption allowed to Scotland from the ſaid Duty, do give the following Anſwer to the ſeveral Propoſals therein.

1. As to the Firſt Article of the ſaid Propoſal, viz. That no Salt be Tranſported from Scotland to England by Land under the Penalty of Forfeiting the Salt, and the Horſes uſed in Tranſporting it, and paying ten ſhillings for every Buſhel of Salt ſo Tranſported, for which the Carriers, as well as the Owner ſhall be lyable conjunctly and ſe⯑verally, and the Carrier be Impriſoned until the ſaid Penalty be paid.

The Lords Commiſſioners for England do agree to the ſame with the Alterations following, viz. That no Salt be Tranſported from Scotland to England by Land in any manner whatſoever, under the Penalty of Forfeiting the Salt, and the Cattle and Carriages made [61] uſe of in Tranſporting it, and paying 20 ſhillings for every Buſhel of ſuch Salt, and proportionable for a greater or leſſer Quantity, for which the Carrier, as well as the Owner ſhall be lyable conjunctly and ſeverally, and the Perſons carrying the ſame, to be Impriſoned by any one Juſtice of the Peace by the ſpace of ſix Months, without Baill or Main-prize, and until the Penalty be paid.

2. As to the ſecond Article relating to Salt Water-born, to be carried from Port to Port in Scotland, and Salt Exported from Scot⯑land to England or the Plantations.

The Lords Commiſſioners for England, as to that part of it which relates to Salt Water-born to be carried from Port to Port in Scot⯑land, do agree to the ſame.

And as to that part of the ſaid Propoſal which relates to Salt Ex⯑ported from Scotland to England by Sea; The Lords Commiſſioners for England do Propoſe, That there ſhall be paid in England, for all Salt made in Scotland, and Imported from thence into England, the ſame Duty upon the Importation as ſhall be paid for Salt made in England, to be levied and ſecured in the ſame manner as the Duties on Forreign Salt, are to be levied and ſecured in England, and if any other Salt which is not made in Scotland, ſhall be Im⯑ported from thence into England, the ſame to be charg'd with the Duties on Forreign Salt Imported into England to be levied and ſe⯑cured in the ſame manner.

And as to the laſt part of the ſaid Article relating to Salt Expor⯑ted from Scotland to the Plantations.

The Lords Commiſſioners for England do not inſiſt that any Duty ought to be paid for the ſame, or for Salt Exported from Scotland to any other Forreign Place whatſoever, in regard, that upon the Exportation of Salt from England to the Plantations, or any other Forreign Parts, the Duty before paid for the ſame, is to be Re⯑paid.

3. And as to that part of the laſt Article of the ſaid Propoſal, which relates to ſalted Fiſh Exported from Scotland into England.

The Lords Commiſſioners for England do propoſe, That for all ſuch Fiſh, there ſhall be paid in England upon the Importation there⯑of, ſuch Sums of Money as by the Law relating to the Duties upon Salt in England are allowed, and Re-paid to the Exporter thereof upon Exportation of the like Fiſh from England to Forreign Parts, in regard all Salt uſed in Fiſh Cured and Conſum'd in England, is lyable to Duties of the ſame value, and in caſe the ſaid Fiſh ſhall be Re-exported from England, the Duties paid for the ſame, upon Im⯑portation thereof, ſhall be Re-paid.

And as to all ſalted Fiſh Exported from Scotland to any other place; The Lords Commiſſioners for England do not inſiſt that any Duty ſhall be paid in Scotland for the Salt uſed therein, in Regard upon the Exportation of ſuch Fiſh from England to any Forreign Parts, the Exporter thereof hath an Allowance out of the Duties on Salt of ſo much Money as the Duty of the Salt uſed in Curing ſuch Fiſh amounts to.

[62] And as to that part of the ſaid Article which Relates to ſalted Fleſh Exported from Scotland, in Regard all ſalted Fleſh conſum'd in England or made uſe of for Victualling of Ships there, or Expor⯑ted from England to parts beyond the Seas, is Cured with Salt, for which the Duty on Salt is paid in England, and not Re-paid upon Exportation of any ſuch Fleſh from England, and there being ſo much Salt uſed in the Curing one Hundred Weight of Fleſh (each Hundred Weight being computed at one Hundred and Twelve Pound weight) as the Duty thereof payable in England, amounts to Two ſhillings.

The Lords Commiſſioners for England do propoſe, That there be paid in England, upon the Importation of every ſuch Hun⯑dred Weight of Fleſh from Scotland, two ſhillings; And that, be⯑fore ſuch Fleſh is ſo Exported from Scotland, an Entry be made at the Cuſtom-Houſe of the Port of Exportation in Scotland, of the Quantity of Fleſh ſo to be Exported, and the Port in England, for which the ſame is bound, and Security given by Bond to Her Ma⯑jeſty, at the ſaid Port of Exportation in Scotland, That the ſaid Fleſh ſhall be Landed at the Port in England, for which the ſame ſhall be ſo Enter'd, or at ſome other Port in England, the Danger of the Seas and Enemies excepted: Which Bond ſhall be delivered up, upon producing a Certificate from the Collectors, or Officers of the Cuſtoms of the Port of Importation in England, That ſuch Fleſh was Landed, and left at the ſaid Port; And that the Duty of two ſhillings be paid in Scotland, for all ſalted Fleſh made uſe of for Victualling of Ships there, or Exported from thence to any other parts beſides England; And that no ſalted Fleſh be brought into England from Scotland by Land, under the penalty of Forfeiting the ſame, or the Value thereof, and the Cattle and Carriages imploy'd in carrying thereof, and of the like Impriſonment as they have be⯑fore propos'd, in caſe of Salt brought from Scotland to England by Land.

And if any Frauds ſhall hereafter appear, which are not ſuffici⯑ently provided againſt by the foregoing Propoſals; The Lords Commiſſioners for England do propoſe, the ſame ſhall be ſubject to ſuch further Proviſions, as ſhall be thought fit by the Parliament of Great-Britain.

And whereas the Lords Commiſſioners for England did, in their Paper delivered the 15 May laſt paſt, Conſent, That the Kingdom of Scotland ſhould, for a competent time, remain exempted from payment of the Duty on Salt, for all the Salt ſpent in Kind, or us'd in Proviſions ſpent within that Kingdom: The Lords Commiſſio⯑ners for England do now propoſe, That the Kingdom of Scotland ſhall remain exempt from payment of that Duty for all Salt ſpent in Kind, or uſed in Proviſions within the ſaid Kingdom, for the Term of ſeven Years after the Union, upon the Lords Commiſſio⯑ners for Scotlands agreeing to the Propoſals above-mentioned.

[63] The Lord Treaſurer, in Name of the Lords Commiſſioners for England, alſo delivered to the Board the following Propoſal, which was Read.

That all Admiralty Juriſdiction be under the Lord High Admiral of Great-Britain, or Commiſſioners for the Admiralty of Great-Bri⯑tain for the time being; And that Appeals from the High Court of Admiralty of Great-Britain be to the Queen, in the ſame manner as is now ſettled in England.

Adjourn'd to Friday the 7th Inſtant, 6 in the Evening.

Friday the 7th June 1706.

The Lord Chancellor, in Name of the Lords Commiſſioners for Scotland, deliver'd to the Board the following Paper, which was Read.

The Lords Commiſſioners for Scotland do agreee to the Propoſal contain'd in the Anſwer delivered by the Lords Commiſſioners for England the 5 Inſtant, concerning the effectual preventing the Ex⯑portation of Scots Salt from Scotland to England, without paying the ſame Exciſes with which the Engliſh Salt is charg'd, during the Exemption allowed to Scotland from the ſaid Duty, with the fol⯑lowing Alterations.

1. As to that part of the ſecond Article, viz. That if any Salt which is not made in Scotland ſhall be Imported to England from thence, the ſame to be charg'd with the Duties of Forreign Salt Im⯑ported into England, to be levied and ſecured in the ſame manner: The Lords Commiſſioners for Scotland do underſtand, That it is not the Meaning of the Lords Commiſſioners for England, by the ſaid Propoſal, to lay a double Duty on Forreign Salt, Exported from Scotland to England, once to be exacted at Importation of the ſaid Salt into Scotland, and the like Duty at the Importation into Eng⯑land from Scotland, but that the Forreign Salt Imported into Scot⯑land, be charg'd at the Importation there, with the ſame Duties after the UNION, as the like Salt is charg'd with, being Imported into England, to be levied and ſecured in the ſame manner; And for further ſecurity in that caſe, The Lords Commiſſioners for Scotland do propoſe, that Certificates be ſent with Forreign Salt, Ex⯑ported from Scotland into England, from the Cuſtom-Office in Scot⯑land, where the ſaid Forreign Salt was firſt Imported, to the Cu⯑ſtom Office in England, where the ſaid Salt ſhall happen to be Tranſ⯑ported, bearing the payment of, or ſecurity given for the Duties at the ſaid Port, under this Penalty, that Forreign Salt Exported from Scotland into England without ſuch Certificates, ſhall be con⯑fiſcated.

2. As to the Third Article relating to Salted Fiſh or Fleſh, Ex⯑ported from Scotland into England, and Salted Fleſh made uſe of for Victualling of Ships in Scotland, or Exported from Scotland, to parts beyond the Seas; The Lords Commiſſioners for Scotland do apprehend, that the ſaid Articles do only [64] concern ſuch Fiſh and Fleſh as is cured in whole or in part with Scots Salt, there being an obvious Difference betwixt the Caſe of theſe, and of ſuch Fiſh and Fleſh, Exported from Scotland to England, as is wholly cur'd with Forreign Salt, in regard that Forreign Salt is to pay the like Duty as in England at Importation into Scotland, and therefore ought not to pay a ſecond Duty.

And the Lords Commiſſioners for Scotland do propoſe, That if the Duty on Salt take place in Scotland, after the Expiration of ſe⯑ven Years, during which time the Exemption is agreed to, That then the Kingdom of Scotland ſhall have an Equivalent.

The Lord Keeper, in Name of the Lords Commiſſioners for Eng⯑land, deliver'd to the Board the following Propoſal, which was Read.

The Lords Commiſſioners for England being extremely deſirous to come to a ſpeedy Concluſion of the preſent Treaty, for an UNION of the two Kingdoms, and it having been already agreed, That the United Kingdom be Repreſented by one and the ſame Parlia⯑ment; Their Lordſhips have turn'd their Thoughts to conſider what may be a proper and reaſonable Number for the Repreſenta⯑tive of Scotland in the Houſe of Commons of the United Parlia⯑ment; And dopropoſe to the Lords Commiſſioners for Scotland, That Thirty Eight Perſons be the Number, by which that Part of the United Kingdom now called Scotland, ſhall be Repreſented in the Houſe of Commons, when ever a Parliament ſhall be called in Great-Britain.

Adjourn'd to Tueſday the 11 Inſtant, 6 in the Evening.

Tueſday the 11th June 1706.

The Lord Chancellor, in Name of the Lords Commiſſioners for Scotland, deliver'd to the Board the following Anſwer to the Pro⯑poſal made by the Lords Commiſſioners for England on the 5th In⯑ſtant, which was Read.

The Lords Commiſſioners for Scotland, in Anſwer to the Propo⯑ſal deliver'd by the Lords Commiſſioners for England on the 5th In⯑ſtant, concerning the Admiralty, do agree that all Admiralty Ju⯑riſdiction, be under the Lord High Admiral of Great-Britain, or Commiſſioners of Admiralty of Great-Britain, for the time being, and as to that part of the ſaid Propoſal, which concerns Appeals from the High Court of Admiralty, The Lords Commiſſioners for Scotland do propoſe.

That the Court of Admiralty now eſtabliſh'd in Scotland be con⯑tinued, and that all Reviews, Reductions or Suſpenſions of their Sentences in Maritime Caſes, competent to their Juriſdiction, remain in the ſame manner after the Union, as now in Scotland, until the Parliament of Great Britain ſhall make ſuch Regulations and Altera⯑tions as ſhall be judged expedient for the whole united Kingdom, providing there be always continued in Scotland a Court of Admi⯑ralty, ſuch as is in England, for Determination of all Maritime Caſes [65] relating to private Right in Scotland, competent to the Juriſdiction of the Admiralty Court.

And the Lords Commiſſioners for Scotland do further Propoſe, That the Heretable Rights of Admiralty and Vice Admiralties be reſerv'd to the Reſpective Proprietors, as Rights of Property.

The Lord Chancellor did alſo, in Name of the Lords Commiſſio⯑ners for Scotland, deliver to the Board the following Paper, which was Read.

The Lords Commiſſioners for Scotland having conſidered the Pro⯑poſal made by the Lords Commiſſioners for England the 7th Inſtant, viz. That Thirty Eight Perſons be the Number, by which that part of the United Kingdom, now call'd Scotland, ſhall be Repre⯑ſented in the Houſe of Commons, when ever a Parliament ſhall be called in Great-Britain; Do find ſuch Difficulties in that Matter, that they are under a Neceſſity to propoſe a Conference betwixt the Lords Commiſſioners for both Kingdoms on that Subject, in which their Lordſhips doubt not, but to Satisfie the Lords Commiſſioners for England, That a greater Number than is mentioned in the ſaid Propoſal will be neceſſary, for attaining the Happy UNION of the two Kingdoms, ſo much deſired on both ſides, and the Lords Com⯑miſſioners for Scotland are willing now to enter on the ſaid Conference, or when the Lords Commiſſioners for England will pleaſe to appoint.

The Lords Commiſſioners for England withdrew, and being re⯑turn'd, The Lord Keeper acquainted the Board, That the Lords Com⯑miſſioners for England do agree to a Conference with the Lords Com⯑miſſioners for Scotland, upon the Subject contain'd in the Paper deli⯑ver'd by the Lords Commiſſioners for Scotland, at this Meeting, & that the ſaid Conference be the Morrow at ſix a Clock in the Afternoon.

Adjourn'd to Wedneſday the 12th Inſtant, 6 in the Evening.

Wedneſday the 12th June, 1706.

The Lords Commiſſioners of both ſides enter'd upon the Conference deſired by the Lords Commiſſioners for Scotland the 11th Inſtant, con⯑cerning the Repreſentative for Scotland in the Houſe of Commons, in the United Parliament of Great-Britain, and the Conference being over;

Adjourn'd to Friday the 14th Inſtant, 6 in the Evening.

Friday the 14th June, 1706.

The Earl of Mar, in Name of the Lords Commiſſioners for Scot⯑land, deliver'd to the Board the following Anſwer to the Propoſal made by the Lords Commiſſioners for England the 7th Inſtant, which was Read.

The Lords Commiſſioners for Scotland having conſidered the Pro⯑poſal delivered by the Lords Commiſſioners for England on the 7th Inſtant, with the Conference that followed on the Subject of that Propoſal; Their Lordſhips are hopeful, that the Lords Commiſſio⯑ners for England are convinced of the real Difficulties occurring in [66] that Matter on the part of Scotland; And the Lords Commiſſioners for Scotland do find themſelves ſtill under an abſolute Neceſſity, for bringing to a Happy Concluſion the UNION of the two Kingdoms, to inſiſt, that a greater Number than that of Thirty Eight be agreed to, as the Repreſentative for Scotland in the Houſe of Commons in a Parliament of Great-Britain.

THE Lord Keeper, in Name of the Lords Commiſſioners for England, deliver'd to the Board the following Anſwer to the Pro⯑poſal made by the Lords Commiſſioners for Scotland, the 11th In⯑ſtant, which was Read.

THE Lords Commiſſioners for England having conſidered the Paper delivered in by the Lords Commiſſioners for Scotland, on the 11th Inſtant, concerning Admiralty Juriſdiction; Do agree to the firſt Propoſal therein-contain'd, with this Addition.

THAT the Admiralty Court propos'd to be continued in Scotland after the Union, ſhall be ſubject to ſuch Regulations and Alterations, as ſhall be thought proper to be made by the Parliament of Great-Britain.

THE Lords Commiſſioners for England do likewiſe agree to the ſe⯑cond Propoſal in the ſaid Paper contain'd, touching Heretable Rights of Admiralty, & Vice-Admiralties in Scotland, with this Proviſion, viz.

THAT theſe Heretable Rights, as to the manuer of Exerciſing the ſame, ſhall be ſubject to ſuch Regulations and Alterations, as ſhall be thought proper to be made by the Parliament of Great-Britain.

Adjourn'd to Saturday the 15th Inſtant, one a Clock.

OBSERVATION IX.

There were ſome Debates and a little time ſpent about the Matter of the Admiralty, but it was ſoon adjuſted, and needs no Remark on it; only as to the Matter of Appeals to England, which however were found neceſſary, and agreed to with ſome little Trouble.

But here had like to have happened a Difficulty about Ap⯑peals in Cauſes of private Right in Scotland—; Before the Union, Appeals in Law lay from the Lords of the Seſſion to the Parliament; and the Houſe of Peers of Great-Britain being now to be the Sovereign Judicature of Britain, there could be no Ap⯑peals but to them in Parliament: This it was thought would be a Grievance, by Reaſon of the Diſtance of Place, the Expence of Travelling, and the Charge of Proſecuting thoſe Tryals at the Bar of the Houſe of Peers.

It was Objected, That the Scots Peers could not be allow'd to Vote in Matters of Judicature, either in Civil or Criminal Caſes in England; and they gave a ſeeming ſubſtantial Reaſon for it, viz. That the Scots reſerving their Judicature, Seſſion and Juſticiary to themſelves, in which the Engliſh have no Voice, it would be unreaſonable to deſire the Scots ſhould be let into that in England, which is reſerv'd from the Engliſh in Scot⯑land.

[67] But to this it was Anſwered,‘The Lords in England, as Peers Aſſembled in Parliament, as they were before the Sovereign Judicature of England, would after the Union be together with the ſixteen Scots Peers, the only Sovereign Judicature of Britain, and have their Voices in the Judicature of Scotland, as well as of England—; If this be made out, then the Objection againſt the Scots Noblemen Voting in Judicial Matters in England, would by Conſequence fall to the Ground.’

The Judicature of the Lords conſiſts in their trying their own Members for Life, and in Determining the Proceedings of all the other Courts of Juſtice in the Nation; an Appeal going to them from all other Judicatures whatſoever, whether before or after Judgment.

In Tryals of Peers, 'tis plain by this Union, the Engliſh Lords will have a Vote in the Scots Judicature, ſince they will have the Power to try all the Scots Peers for their Lives or other⯑wiſe, in any Caſe wherein they ſhall become Obnoxious to the Law.

And as to Appeals, it was therefore abſolutely neceſſary they ſhould ly before the Houſe of Lords, they being the only Supreme Judicature; and to have had Appeals before any other, had been to have two Supremes, unleſs Commiſſioned by them; And if Commiſſioned by them and made certain, they had been too Infe⯑riour, and alſo not to be depended upon in Matters of ſuch Mo⯑ment. To ſolve this Difficulty, a ſhort Scheme was handed about for the Regulating that Point, ſo as to Veſt the whole Authority of the Law judicially in the Britiſh Peers in Parliament, and ſettle the Eſſential Part in them, without nevertheleſs impoſing the Trouble upon the Scots of coming up with their Cauſes to the Lords Bar, which would be intolerable.

The Scheme was as follows.

The Scots have now an Appeal from the Lords of Seſſion, which are their Judges of Aſſize, or whatever elſe they may call them.

This Right of Appeal muſt not dy tho' the Parliament be⯑fore whom it lyes is Diſſolved, but muſt Devolve upon that Power to which as the Center of the whole their Parliament De⯑volves, viz. The Parliament of Britain; Otherwiſe ſhould the Right of Appeal dy, which is one Article of the Scots Claim of Right, they endanger their Property, and may upon a Thou⯑ſand not unlikely Circumſtances Revert to Tyrrannick Power, and even a Parliament may not help them.

The Right of Appeal being not Diſſolv'd, but Transfer'd to the general Center of Power, where, or on which Branch of that Power muſt it reſide? Not in the Commons, that would be to make them a Court of Judicature, which they to not pretend to, and can not by their Conſtitution accept.

[68] Not to the ſelect Number of Scots Repreſentatives, that would be to give them more power than the Engliſh Repreſentatives; one having a judicial Authority, the other not.

Not to a Number choſen by the Scots, that would be a new Creation, and be a Reſerve of ſome Power ſuperior even to the general ſupreme power of Parliament, and many ways give Umbrage of a poſſibility of Return to a ſeparate Conſtitution, which would be really inconſiſtent with a National Incorporated Union, and capable of keeping on foot continual Jealouſies, Complaints, and Diſcontents among us, and might ſometime or other break out into a Rupture again, and Unravel the very Union it ſelf.

To regulate this, we muſt fly to one general Maxime, which we muſt adhere cloſsly to in all Matters of this Diſpute, viz. That the great Center of Power whether Civil or Criminal is, and is to be lodg'd in the Parliament then to be called, The Parliament of Great-Britain.

The Judicial Power in Scotland is immediately in the Seſſion, as it is in England in the Judges; the Lords of the Seſſion in Scotland as the Judges in England, receive their Commiſſions from the Sovereign, and in Her Name, and by Her Authority, tho' by ſpecial Law obtained in both Kingdoms, they are ſo fixed as that they can not be turn'd out but upon Misbehaviour.

From the Seſſion in Scotland, and all Acts, Sentences or Decreets there, lyes an Appeal to the Parliament, who ſitting in one Houſe are the ſovereign Judicature of the Nation, as well Commons as Lords; From the Judges in England Appeals ly to the Chancery, and from thence to the Houſe of Lords as the ſupreme Judicature of this Nation.

But both Parliaments being to be Incorporated into one as both Nations by conſequence will be one, ſo the publick Juſtice muſt run in the ſame Channel, and the Appeals of both Kingdoms ly before the Britiſh Peers only, as that ſovereign Ocean of Juſtice into which all the Streams muſt flow.

But to the end that Scotland may, as far as may be, Eas'd in that Inconveniency, which her diſtance from the Capital may bring upon Her, & in which ſhe ſuffers otherways deeply enough, Appeals from the Courts of Juſtice in Scotland, may be tryed in Scotland.

A Court of Appeals may be Erected in Scotland, delegated from the Peers of Britain aſſembled in Parliament, to be named Annually or Triennially, or every Seſſion, or otherwiſe, as in the Treaty of Union ſhall be agreed.

Theſe Delegates to be Nam'd out of the Scots Nobility and Gentry, to be choſen by Ballot, or by the uſual way of Voting in the Houſe of Peers.

That they ſhould be Scots is but equal, as they are only to Judge of Cauſes in Scotland, and is agreeable to the Conſtitu⯑tion of England, which cauſes all Tryals at Law to be tryed in [69] the County where the Party dwells, and to be Determined by a Jury of the Freeholders or Inhabitants of that particular County, and of no other.

And yet this does no way leſſen the Authority of the Parlia⯑ment, but preſerves the Title of the Lords here to a Voice even in the Supreme Judicature of Scotland.

This Scheme as it Entitules the Parliament of United Britain to its full and compleat Juriſdiction; ſo it preſerves the Right of Appeal to the Scots, prevents the Expenſive proceeding of carrying their Appeals to England, and takes away all the Force of the Objection againſt the Scots Noblemen having a Voice in the Engliſh Judicature.

Thus the Union in point of Judicature may ſtill be compleat, and the general Incorporation not at all Obſtructed, the Courſe of Juſtice left free and open, and both Nations equally concern'd in it.

The Engliſh Peers are let into the Sovereignty of the Scots Judicature as well as of their own; and the Scots let into all the neceſſary Privileges which the Right of their Peerage, and the nature of an Incorporated Equality requires.

There were Reaſons to be given why this Propoſal was not further entred upon, tho' both ſides approved of the Method, ſome of which were perhaps ſuch as theſe.

  • 1. That one ſide were willing enough to have all Appeals come to England.
  • 2. Others willing to have as few as poſſible made at all, and ſuppoſing that the Inconveniencies of purſuing an Appeal to England, would incline People rather to acqui⯑eſce, and make the Judgment of the Seſſion more De⯑finitive—. But theſe things by the way.
Saturday the 15th June 1706.

The Earl of Mar, in Name of the Lords Commiſſioners for Scot⯑land, delivered to the Board the following Anſwer to the Paper de⯑livered by the Lords Commiſſioners for England the 14th Inſtant, which was Read.

The Lords Commiſſioners for Scotland, having confidered the Paper deliver'd by the Lords Commiſſioners for England on the 14th Inſtant, concerning Admiralty-Juriſdictions; Do agree to the ſame.

The Lord Keeper, in Name of the Lords Commiſſioners for Eng⯑land, delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for England, having taken into Con⯑ſideration, the Reply delivered the 7th Inſtant, by the Lords Com⯑miſſioners for Scotland, to the Anſwer of the Lords Commiſſioners for England, to the Propoſal made by the Lords Commiſſioners for Scotland the 21ſt of May laſt, for the effectual preventing the Expor⯑tation of Scotch Salt to England, or the Plantations, without paying [70] the ſame Exciſes with which Engliſh Salt is charg'd, during the Ex⯑emption allowed to Scotland from the ſaid Dutys, and as to falted Proviſions.

As to that part of the Reply which relates to the ſecond Article in the ſaid Anſwer, concerning Salt not made in Scotland, Impor⯑ted from thence into England; The Lords Commiſſioners for Eng⯑land did not intend, that a double Duty ſhould be laid on Forreign Salt Exported from Scotland to England; and therefore the Lords Commiſsioners for England, do agree to the Propoſal in the ſaid Reply, that all Forreign Salt Imported into Scotland be charg'd at the Importation there with the ſame Dutys after the Union, as the like Salt is charg'd with, being Imported into England, to be levied and ſecured in the ſame manner, and to the further ſecurity, by Certificate therein propos'd, to be ſent with Forreign Salt Expor⯑ted from Scotland into England.

And as to that part of the ſaid Reply, which relates to the third Article in the ſaid Anſwer, touching ſalted Fiſh or Fleſh Exported from Scotland into England, and ſalted Fleſh made uſe of for Victual⯑ling of Ships in Scotland, or Exported from Scotland to Parts be⯑yond the Seas; It appearing by the ſaid Propoſal deliver'd by the Lords Commiſsioners for Scotland the 21ſt May laſt, That all Fiſh and Fleſh Barrelled in Scotland for Exportation, are by the Law of Scotland appointed to be Pack'd and Cured with Forreign Salt, with⯑out any mixture of Scotch Salt; The Lords Commiſsioners for Eng⯑land, do not inſiſt on the ſaid third Article in their ſaid Anſwer, Provid⯑ed it be agreed, that all Salted Fiſh or Fleſh Exported from Scotland to England, and all ſalted Fleſh made uſe of for Victualling of Ships in Scotland, or put on Board to be Exported from Scotland to Parts beyond the Seas, that ſhall appear to be ſalted with Scots Salt, or a mixture of ſuch Salt, ſhall be Forfeited, and as ſuch may be ſeiz'd [...]n England or Scotland.

As to the laſt part of the Propoſal of the Lords Commiſsioners for Scotland, That if the Duty on Salt take place in Scotand after the expiration of ſeven years, that then the Kingdom of Scotland ſhall have an Equivalent; The Lords Commiſsioners for England do underſtand, that the Equivalent is only to be extended to ſuch part of the Duties as ſhall be applyed to the payment of the Debts of England.

The Lord Keeper did alſo, in Name of the Lords Commiſsio⯑ners for England, deliver to the Board the following Propoſal, which was Read.

The Lords Commiſsioners for England, being aſſured by the Lords Commiſsioners for Scotland, that there will be found inſuperable Dif⯑ficulties in reducing the Repreſentation of Scotland in the Houſe of Commons of the United Kingdom, to Thirty eight Members, the Number formerly propos'd by the Lords Commiſsioners for England; do, (to ſhew their Inclinations to remove every thing that would of neceſsity be an Obſtruction to the perfecting the Union of the two Kingdoms) Propoſe to the Lords Commiſsioners for Scotland, [71] That Fourty five Members, and no more be the Number of the Re⯑preſentatives for that Part of the United Kingdom, now called Scot⯑land, in the Houſe of Commons of the United Kingdom, after the intended Union.

And there being an abſolute Neceſſity, that the Number of Peers to be admitted into the Houſe of Lords of the United Kingdom, for that Part of the United Kingdom, now called Scotland, be re⯑gulated in Proportion to the Number to be admitted into the Houſe of Commons; do propoſe, that Sixteen Peers be the Quota of Scotland in the Houſe of Peers of the Parliament of the United King⯑dom, after the intended Union.

Adjourn'd to Tueſday the 18th Inſtant, 6 in the Evening.

Tueſday, the 18th June, 1706.

The Earl of Mar, in Name of the Lords Commiſſioners for Scot⯑land, deliver'd to the Board the following Anſwer to the Propoſal made by the Lords Commiſſioners for England the 15th Inſtant, which was Read.

The Lords Commiſſioners for Scotland having conſidered the Paper delivered by the Lords Commiſſioners for England the 15th Inſtant, containing a Propoſal, that Fourty Five Members be the Number of the Repreſentatives of that part of the United Kingdom, now called Scotland, in the Houſe of Commons of the United Kingdom, after the Intended Union; And, That Sixteen Peers be the Quota of Scotland in the Houſe of Peers, in the Parliament of the ſaid United Kingdom: And being moſt deſirous to concur in what is further Neceſſary to finiſh this Treaty, and at the ſame time ſenſible of the Difficulties on the part of the Lords Commiſſioners for Eng⯑land in that Matter; Do not inſiſt for greater Numbers (by vir⯑tue of this Treaty) of Repreſentatives in the Houſe of Peers and the Houſe of Commons, in the Parliament of Great-Britain, than theſe propos'd by the Lords Commiſſioners for Eng⯑land; Providing that all the Peers of Scotland, and their Succeſſors to their Honours and Dignities, be, from and after the Union, Reckon'd and Declar'd Peers of Great-Britain, and that they Enjoy, in their Reſpective Degrees and Orders, all other Titles, Dignities, Preheminencies, Immunities and Priviledges whatſoever, as fully and freely as the Peers of England do at preſent, or the Peers of Britain may Enjoy hereafter.

And the Lords Commiſſioners for Scotland do further Propoſe, That the Peers of Scotland for that time being, and their Succeſſors, do, at and after the Union, according to their different Degrees and Orders, Enjoy the Rank and Precedency of all Peers to be thereafter Created of the like Orders and Degrees in the ſaid United Kingdom.

Adjourn'd to the 19th Inſtant, 12 a Clock.

OBSERVATION X.
[72]

There was now the only remaining Difficulty of the Union before them, and this was the Conſequence of the Third Article, viz. The Uniting the Parliament, and how to ſtate the Propor⯑tion of the Repreſentative was the preſent Caſe.

The Difficulty was double, not only how to draw the Proportion ſo, as might conſiſt with the Equalities ſpoken of before, which were the Foot or Rule of the Treaty, but how to draw it ſo, as that either Parliament, who were to Confirm this Work, ſhould be rationally ſuppoſed to come into it.

Abundance of Schemes were propoſed for this, as Mens Fan⯑cies guided them, and the Debates without Doors were much warmer, than thoſe within; However, as it was a Thing re⯑quired particular Application, ſo it was the beſt Step that could have been taken, by way of preliminary, to propoſe a Confe⯑rence, wherein both ſides had full Scope to deliver their Argu⯑ments and Reaſons in the Caſe; ſince, to have gone on by Propoſals and Anſwers in Writing, would have taken up more time than was needful to be ſpent in ſuch an Affair, and have kept it depending; whereas both ſides were pleaſed with the Hopes, and both the Kingdoms big with Expectation of the Succeſs of this Treaty, and the Concluſion of the long expected Union.

There was no Occaſion to look far back into former Years for Help in this Calculation; There was but one Precedent in the whole World, from which any Scheme could be drawn, and that was in the tranſient Union made by Oliver Cromwel; in which, as I have noted before, he brought every thing by a Scale of Proportions to a Point, as things then ſtood.

This Model of a Repreſentative was taken from the Scheme of Proportions, upon which he had formed his Taxation, in which Scotland being Rated at about a 13th part of the Land Tax, had alſo allowed her about a 13th part of the Repreſenta⯑tive, as follows;

  • England was Taxed at 70000 l. per Menſem, and was Re⯑preſented in Parliament by 400 Members.
  • Scotland was Tax'd at 6000 l. per Menſem, and was Re⯑preſented in Parliament by 30 Members.

Now abating a few Fractions, which, in dividing Perſons, cannot be exactly obſerved, it is plain, 30 to 400 is very near what 6000 l. is to 70000 l. as follows;

13 times 30 is 390 Members, and 13 times 6000 l. is 78000 l. whereas one is 8000 l. over in the Money, ſo the other is 10 under in the Repreſentative.

I will not ſay, this was the moſt equal Judgment that ever was made of this kind as to Scotland, but I may be allowed to ſay, that, with Reſpect to England, it was certainly the moſt [73] equal Diſtribution of Elections that ever was, and much beyond our preſent Method; For, in this Scheme, the Diſproportion of Numbers was taken away, and the Election of Members to Repreſent Ruin'd Heaps, Decayed Caſtles and Depopulated Towns, was let fall: But of this by the way.

The preſent Calculation was not very remote from this in Effect, tho' not built upon the ſame Foot; and it was very rational⯑ly argued here, That the Proportion could not be taken barely from the Share of Taxes paid, which was the Scheme which moſt of the Politicians of that time pretended to go upon; but that the Proportion muſt be doubly calculated, which if it be Exa⯑min'd, and were to be Applyed in Holland, and other parts of the World, muſt have been done.

For Inſtance the Share in Taxes.

And the Number of the People.

If, on one Hand, the Share of Taxes may be low, yet the Number of People great; or, on the other Hand, the Share of Taxes high, and the People few, the Extremes are to bear their Weight in the Proportion.

  • Thus, tho' the Scots, by this Union, paid but 48000 l. for Scotland to 1997000 l. Engliſh, which was about 1/40 part, forty times 48000 l. being 1920000 l. to have argued from thence, That they ſhould have but 13 Members, which, to the Houſe of Commons, is 1/39 6/13 part of 513: This would appear ridiculous.
  • Again, if you take an Eſtimate of the People of both Na⯑tions, we ſhall find Scotland Eſteemed to contain Two Millions, and England, at the higheſt Calculation, under Six; and this brings Scotland to a Third Part of the Members, which would be Extravagant the other way, and oblige them to ſend 171 Members to the Houſe.
  • But, if you ſet theſe Extremes againſt one another, it will appear, That a Tenth of the Repreſentative Anſwer'd as nigh to an Equality, as ſuch a Thing could well be reduced to; and on this Foot, the Scots Commiſſioners were ſup⯑poſed to be near the Matter, when they deſired 50 Members might be the Repreſentative for Scotland.

However this was, the Engliſh Commiſſioners having propoſ⯑ed 38, as by the Minutes, a Conference was agreed to.

And here the Commiſſioners ſincerely and candidly applyed themſelves to one another, debating not only the Reaſons and Proportions on either Hand, but the Temper and Circumſtances of either Nation; ſo, if poſſible, to Accommodate themſelves to both, and to conſider not only what was equal, but alſo what was likely to take place in the Minds of the reſpective Parlia⯑ments, which were to debate it after them; of which none knew the Difficulties better than themſelves, neither were theſe things fit to have been the Subject of Minutes, which, in time, were to be ſuppoſed, would be made publick, and be canvaſs'd [74] on either ſide by the moſt Critical Heads of Two Nations, and particularly by thoſe in both the Nations, whoſe Study it would be to oppoſe and obſtruct the Union.

And indeed, in this Prudence of the Commiſſioners, conſiſt⯑ed the beſt Proſpect of bringing this Treaty to a Happy Con⯑cluſion.

The Conference was Happy in its Succeſs, the Engliſh Com⯑miſſioners were convinc'd by the Reaſons given on the other ſide, they ſaw the Difficulties which the Scots Commiſſioners Re⯑preſented lay before them; and regarding the End of their Meeting, which was to contribute, as much as in them lay, to Unite the Two Kingdoms, they advanced their Number to 45, and gave their Reaſons and Difficulties on the other Hand, po⯑ſitively determining the Point, that they could go no further; Upon which the Scots Commiſſioners, from the ſame Zeal for bringing the Treaty, which was now in ſo Happy a Forward⯑neſs, to a Concluſion, acquieſced.

As for the Number of the Peers, there was no Room to de⯑bate, ſince the Number propoſed, which was 16, was a full Pro⯑portion to the other, & had more of an Equality in it a great deal, than any other part of the Treaty; Eſpecially conſidering, That ſe⯑veral of the Scots Peers then were Peers of England, and hereaf⯑ter might become Peers of Great-Britain by Creation.

And thus this great Difficulty was alſo happily got over, and now the Union began to ſhew it ſelf, and People on every Hand began to Expect, it ſhould be Compleated in a few Days.

Wedneſday the 19th June, 1706.

The Lord Treaſurer, in Name of the Lords Commiſſioners for Eng⯑land, deliver'd to the Board the following Paper, which was Read.

The Lords Commiſſioners for England having conſidered the Two Propoſals made by the Lords Commiſſioners for Scotland, in their Paper delivered the 18th Inſtant, do agree to the ſame, with the fol⯑lowing Explanation, That all the Peers of Scotland, and their Suc⯑ceſſors to their Honours and Dignities, be, from and after the Uni⯑on, Reckoned and Declared Peers of Great-Britain, and that they Enjoy in their Reſpective Degrees and Orders, all other Titles, Dignities, Preheminencies, Immunities and Priviledges whatſoever, as fully and freely, as the Peers of England do at preſent, or the Peers of Britain may Enjoy hereafter; Provided, That no Peer, who ſhall not then have the Right to ſit in Parliament, ſhall be ca⯑pable of ſitting upon the Tryal of any Peer, And alſo, That no Peer, not having Right to ſit in Parliament, ſhall have Priviledge of Parliament.

And alſo, That the Peers of Scotland for the time being, and their Succeſſors, do, at and after the Union, according to their different Degrees and Orders, Enjoy the Rank and Precedency of all Peers to be thereafter Created of the like Orders and Degrees in the United [75] Kingdom: Provided always, That it be underſtood, That all Per⯑ſons, who ſhall be Peers of England at the time of the Union, ſhall for ever Enjoy that Rank and Order of Precedence of their Reſpective Degrees, before the ſame Degrees of the Peers of Scotland.

The Lord Treaſurer did alſo, in Name of the Lords Commiſſioners for England, deliver to the Board the following Propoſal, which was Read.

The Lords Commiſſioners for England do propoſe, That from, and after the Union, the Coin ſhall be of the ſame Standard and Value thro-out the United Kingdom, as now in England, and the ſame Weights and Meaſures ſhall be uſed thro-out the United King⯑dom, as are now Eſtabliſh'd in England.

The Lord Treaſurer did likeways, in Name of the Lords Com⯑miſſioners for England, deliver to the Board the following Propoſal, which was Read.

The Lords Commiſſioners for England do propoſe, That all Laws and Statutes in either Kingdom, which are contrary to or inconſiſtent with the Terms agreed on for Uniting the two Kingdoms, ſhall be repeal'd and made void.

Adjourn'd to Friday the 21ſt Inſtant, 12 a Clock.

Friday the 21ſt June, 1706.

The Earl of Mar in Name of the Lords Commiſſioners for Scot⯑land, deliver'd to the Board the following Paper, which was Read.

The Lords Commiſſioners for Scotland, do agree to the Propoſal contain'd in the Paper, delivered by the Lords Commiſſioners for England the 15th Inſtant, concerning the Duty on Salt, with this Explanation, as to the laſt Paragraph thereof, about the Equivalent, That ſeing the whole Duties on Salt, are already appropriated for payment of the Debts of England, The Lords Commiſſioners for Scotland, do underſtand that whenever the Duties upon Salt ſhall take place in Scotland, the Sums thence ariſing, will be applicable to the payment of the Debts of England, and thereby there will be an Equivalent due to Scotland, for the whole Duties to be levied on Salt there.

The Earl of Mar did alſo in Name of the Lords Commiſſioners for Scotland, deliver to the Board the following Paper which was Read.

The Lords Commiſſioners for Scotland, do agree to the Propoſal contain'd in the Anſwer delivered by the Lords Commiſſioners for England, concerning the Peers of Scotland with this further Expla⯑nation; The Lords Commiſsioners for Scotland do underſtand, That by the Explanation contain'd in the ſaid Paper delivered by the Lords Commiſsioners for England, All the Peers of Scotland are to be Tryed as Peers of Great-Britain, and enjoy all Priviledges of Peerage, Excepting that of Sitting in the Houſe of Lords, and the Priviledges depending thereon, to which Sixteen Peers to be ſent from time to time, from the Peers of Scotland, to the Houſe of Lords [76] of Great-Britain are only Intituled; And the Lords Commiſsioners for Scotland do propoſe, that in the Tryals of Peers in time of Adjournments or Prorogations of Parliament; The Sixteen Peers who do then Repreſent the Peers of Scotland ſhall be Summon'd in the ſame manner, and have the ſame Powers and Priviledges in ſuch Tryals, as any other Peers of Great-Britain, and that in the Tryals of Peers when there is no Parliament in beeing, the ſixteen Peers Re⯑preſentatives from Scotland in the former Parliament ſhall be called in the ſame manner, and have the ſame Powers and Priviledges.

The Earl of Mar deliver'd alſo (in Name of the Lords Commiſſio⯑ners for Scotland) to the Board, the following Paper, which was Read.

The Lords Commiſsioners for Scotland, having conſidered the Propoſal delivered by the Lords Commiſsioners for England the 19th Inſtant, viz. That from and after the Union, the Coyn ſhall be of the ſame Standard and Value thro-out the United Kingdom as now in England, and the ſame Weights and Meaſures ſhall be uſed thro-out the United Kingdom, as are now eſtabliſhed in England; The Lords Commiſsioners for Scotland do agree to the ſame, providing that conſideration be had to the Loſſes private perſons may ſuſtain in reducing the Coyn to the ſame Standard as now eſtabliſh'd in Eng⯑land, and alſo provided, That from and after the Union, the Mint at Edinburgh be always continued under the ſame Rules, as the Mint in the Tower of London, or elſewhere in the United Kingdom; and that the Standard of Weights and Meaſures for Scotland be kept by thoſe Burroughs within that part of the United Kingdom now called Scotland, to whom the keeping of the Standards of Weights and Meaſures now in uſe in Scotland, does by ſpecial Right and Privi⯑ledge belong.

The Earl of Mar, did likewiſe in Name of the Lords Commiſsio⯑ners for Scotland, deliver to the Board the following Paper, which was Read.

The Lords Commiſsioners for Scotland having conſidered the Pro⯑poſal made by the Lords Commiſsioners for England the 19th Inſtant, That all Laws and Statutes in either Kingdom, which are contrary to, or inconſiſtent with the Terms agreed on for Uniting the two Kingdoms, ſhall be Repeal'd and made void; Do agree to the ſame.

The Earl of Mar, Did in Name of the Lords Commiſsioners for Scotland deliver to the Board, the following Propoſal, which was Read.

The Lords Commiſſioners for Scotland, having by their Paper delivered the 9th May laſt propos'd, That the private Right of Corporations and Companies, ſhould be reſerv'd to be conſidered in the courſe of this Treaty, Their Lordſhips do now propoſe, That the Rights and Priviledges of the Company in Scotland, Trading to Affrica and the Indies, Eſtabliſhed in Scotland, by the 8th Act of Parliament 1695, and by the 13th Act of the Parliament 1701, Do continue in Force after the Union, or that if the Priviledges of that Company ſhall be judg'd Inconvenient for the Trade of the [77] Reſt of the United Kingdom, that the private Rights of the ſaid Company in Scotland be purchaſ'd from the Proprietors.

The Earl of Mar, did alſo in Name of the Lords Commiſſioners for Scotland, deliver to the Board the following Propoſal, which was Read.

The Lords Commiſſioners for Scotland, do propoſe to the Lords Commiſſioners for England, That all Ships belonging to Her Ma⯑jeſtys Subjects in Scotland at the time of the Union (tho Forraign built) ſhall be deem'd and paſs as Ships of the Built of Great-Britain, The Owner or Owners within twelve Moneths after the Union making Oath, That the ſame did belong to him or them at the com⯑mencement of the Union, and do's then belong to him, or them, and that no Forreigner, directly nor indirectly, hath any ſhare or part, or Intereſt therein, which Oath ſhall be made before the chief Officer of the Cuſtoms at the Port next the Abode of the ſaid Owner or Owners, and the ſaid Officer ſhall be Impowred to Adminiſter the ſaid Oath, and the Oath being ſo Adminiſtred, ſhall be Atteſted by the Officer who Adminiſtred the ſame, and being Regiſtred by the ſaid Officer, ſhall be delivered to the Maſter of the Ship for ſecurity of her Navigation, a Duplicat of which Regiſter ſhall be immediately tranſmitted to the Commiſſioners of Her Majeſties Cu⯑ſtoms in the Port of Edinburgh.

As to Ships built in Scotland before, or which ſhall be built there after the Union, the Lords Commiſsioners for Scotland do make no ſeparate Propoſal, ſeing thoſe by the Mutual Agreements in this Treaty, are to be ſubject to the ſame Regulations as in England, and conſequently to the Acts of Navigation now in Force.

Adjourn'd to Saturday the 22d Inſtant, one a Clock.

Saturday the 22d June 1706.

The Lord Treaſurer in Name of the Lords Commiſſioners for Eng⯑land, delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for England having conſidered the Paper concerning Salt, deliver'd by the Lords Commiſſioners for Scotland 21ſt Inſtant, think themſelves oblig'd to Inform their Lordſhips, that the whole Duties on Salt, are not appropriated for payment of the Debts of England; The Duty of 12 d. a Buſhel on Salt tho' granted to the Crown in perpetuity, is appropriated to the pay⯑ment of Debts no longer than till the 1ſt. Auguſt 1710.

That the remaining part of the Duty on Salt, viz. 2 ſh. 4 d. a Buſhel is granted to the Crown in perpetuity; and is with other Duties appropriated for payment of 160000 lib. per annum to the Eaſt India Company Redeemable by Parliament, and the ſuper⯑pluſage above that Annual ſumme is not appropriated to the pay⯑ment of the Debts of England; And therefore the Lords Commiſ⯑ſioners for England do think it neceſſary for them, to inſiſt upon what was expreſt in their Paper deliver'd by them the 15th Inſtant; that when the Duty on Salt ſhall take place in Scotland, the Equiva⯑lent [78] which the Kingdom of Scotland is to have, ought to be exten⯑ded only to ſuch part of the Dutys on Salt, as ſhall be applyed to the payment of the Debts of England.

The Lord Treaſurer did likewiſe in Name of the Lords Commiſ⯑ſioners for England, deliver to the Board the following Paper, which was Read.

It appearing by a Paper given in by the Lords Commiſſioners for Scotland the 21ſt Inſtant, that the Lords Commiſſioners for Eng⯑land had not fully expreſſed themſelves in ſome part of a Paper de⯑liverd by them on the 19th Inſtant, to the ſatisfaction of the Lords Commiſsioners for Scotland, and being deſirous upon this, and all other occaſions, to proceed with all poſsible clearneſs, do make the following Explanation of their meaning in that part of the ſaid Paper.

They agree, That all Peers of Scotland, and their Succeſſors to their Honours & Dignities, ſhall from and after the Union be reckon⯑ed and declared Peers of Great-Britain, and ſhall be Tryed as Feers of Great-Britain, and ſhall enjoy the Priviledges of Peers, as fully as the Peers of England do now enjoy the ſame, or as they or any other Peers of Britain may hereafter enjoy the ſame, except the Right and Priviledge of ſitting in the Houſe of Lords, and the Priviledges depending thereon, and particularly the Right of ſitting upon the Tryals of Peers.

They agree, That the ſixteen Peers who are to ſit in the Houſe of Lords of Great-Britain, for that part of the United Kingdom called Scotland, after the Union ſhall have all Priviledges of Parliament, which the Peers of England now have, and which they or any Peers of Britain ſhall have after the Union, and particularly the Right, of ſitting upon the Tryals of Peers.

They agree, That in caſe of the Tryal of any Peer in time of Ad⯑journment or Prorogation of Parliament, the ſaid ſixteen Peers ſhall be ſummon'd in the ſame manner, and have the ſame powers and priviledges at ſuch Tryals, as any other Peers of Great-Britain.

And they do further agree, That in caſe any Tryals of Peers ſhall hereafter happen, when there is no Parliament in Being, the ſixteen Peers of Scotland who ſat in the laſt preceeding Parliament, ſhall be ſummon'd in the ſame manner, and have the ſame Powers and Pri⯑viledges at ſuch Tryals, as any other Peers of Great-Britain.

The Lord Treaſurer did alſo in Name of the Lords Commiſsioners for England, deliver to the Board the following Paper, which was Read.

The Lords Commiſſioners for England do agree to the Propoſal delivered the 21ſt. June, by the Lords Commiſſioners for Scotland, touching Ships belonging to Her Majeſties Subjects in Scotland, with the Alterations following, viz.

That all Ships belonging to Her Majeſties Subjects in Scotland, at the time of ſigning the Treaty for the Union of the ſaid Kingdoms, tho Forreign Built, ſhall be deem'd and paſs as Ships of the Built of Great-Britain; the Owner or Owners within twelve Moneths after the Union, making Oath that the ſame did belong to him or [79] them at the ſigning the ſaid Treaty, and doth then belong to him or them; and that no Forreigner directly nor indirectly hath any ſhare or part, or intereſt therein; Which Oath ſhall be made before the chief Officer or Officers of the Cuſtoms in the Port next the Abode of the ſaid Owner or Owners; and the ſaid Officer or Officers ſhall be Impowr'd to Adminiſter the ſaid Oath, and the Oath being ſo Adminiſtred, ſhall be Atteſted by the Officer or Officers who Ad⯑miniſtred the ſame, and being Regiſtred by the ſaid Officer or Of⯑ficers, ſhall be Tranſmitted to the chief Officer or Officers of the Cuſtoms in the Port of Edinburgh, to be there enter'd in a Regiſter, and from thence to be ſent to the Port of London to be there enter'd in the general Regiſter of all the Trading Ships belonging to Great-Britain.

The Lord Treaſurer, in Name of the Lords Commiſſioners for England, deliver'd to the Board the following Propoſal, which was Read.

The Lords Commiſſioners for England do propoſe to the Lords Commiſſioners for Scotland, That, from and after the Union, there be one Great-Seal for the United Kingdom of Great-Britain, to be uſed for ſealing Writs to elect and ſummon the Parliament of Great-Britain, and for ſealing other Publick and Mandatory Writes, Publick Acts or Orders of State, and Grants, and ſuch Inſtruments relating to publick Juſtice, Policy and Government, as are proper to be ſeal'd with a Great-Seal; yet nevertheleſs a Seal in Scotland ſhall, after the Union, be always kept, and made uſe of in all things relating to Privat Rights and Juſtice, in the ſame manner as the Great-Seal is at this time us'd, but ſubject to ſuch Regula⯑tions as the Parliament of Great-Britain may hereafter make, and until ſuch Seal ſhall be provided, the Great-Seal of Scotland ſhall be uſed, as at this time, in all things relating to privat Rights and Juſtice.

The Earl of Mar, in Name of the Lords Commiſſioners for Scot⯑land, delivered to the Board the following Propoſal, which was Read.

The Lords Commiſſioners for Scotland do propoſe it be declared, That the Laws and Acts of Parliament in Scotland for Pineing, Curing and Packing of Herrings, White-fiſh and Salmon for Export beyond Seas with Forreign Salt only, and for preventing of Frauds in Curing and Packing of Fiſhes, be continued in Force in Scotland after the Union, but ſubject to Alterations by the Parliament of Great-Britain, and that the ſame Eaſes, Proemiums and Draw-backs be allowed after the Union, for Encouragement of ſuch as ſhall Ex⯑port Fiſhes from Scotland beyond Seas, as is now allowed by the Laws of England, to ſuch as Export the like Fiſhes from Eng⯑land.

Adjourn'd to Tueſday the 25th Inſtant, one a Clock.

Tueſday the 25th June, 1706.
[80]

The Earl of Mar, in Name of the Lords Commiſſioners for Scot⯑land, delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for Scotland do agree to the laſt Expla⯑nation contain'd in the paper delivered by the Lords Commiſſioners for England on the 22d Inſtant, concerning the Priviledges of the Peers of Scotland.

The Earl of Mar did alſo, in Name of the Lords Commiſſioners for Scotland, deliver to the Board the following Paper, which was Read.

The Lords Commiſſioners for Scotland do agree to the Propoſal made by the Lords Commiſſioners for England on the 15th Inſtant, concerning the Duties on Salt, and do not inſiſt on the Explanation propos'd by their Lordſhips the 21ſt Inſtant, in reſpect of what is repreſented in the paper delivered by the Lords Commiſſioners for England on the 22d Inſtant.

The Earl of Mar did likeways, in Name of the Lords Commiſ⯑ſioners for Scotland, deliver to the Board the following Paper, which was Read.

The Lords Commiſſioners for Scotland do agree to the Alteration made by the Lords Commiſſioners for England in the Propoſal de⯑liver'd by the Lords Commiſſioners for Scotland, touching Ships belonging to Her Majeſties Subjects of Scotland, with this further Explanation.

That all Ships belonging to Her Majeſties Subjects of Scotland, at the time of ſigning this Treaty of the Union of the two King⯑doms, tho Forreign Built, ſhall be deem'd and paſs as Ships of the Built of Great Britain, the Owner, or where there are more Owners, one or more of them, within twelve Months after the Union, mak⯑ing Oath, that the ſame did belong to him or them, or to ſome other Subject or Subjects of Scotland, at the time of ſigning the ſaid Treaty, and doth then belong to him or them, and that no For⯑reigner, directly nor indirectly, hath any Share, or Part, or Intereſt therein, which Oath ſhall be made before the chief Officers of the Cuſtoms in the Port next the Abode of the ſaid Owner or Owners, and the ſaid Officer or Officers ſhall be Impowred to Adminiſter the ſaid Oath, and the Oath being ſo Adminiſtred, ſhall be Atteſted by the Officer or Officers, who Adminiſtred the ſame; and being Re⯑giſtred by the ſaid Officer or Officers, ſhall be delivered to the Maſter of the Ship, for Security of her Navigation, and a Duplicat 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 enter'd in a Regiſter, and from thence to be ſent to the Port of London, to be there enter'd in the general Regiſter of all Trading Ships belonging to Great-Britain.

OBSERVATION XI.
[81]

The Debates about the 16 Peers are ſo clear, and the Que⯑ſtions and Anſwers in themſelves ſo direct, That they require no Explanation; Nor was there any thing conſiderable paſs'd upon thoſe Heads, which is not expreſs'd in the Minute.

The ſettling the different Privileges between the Sitting Peers for the Time being, and the other Peers, ſeem'd to be the main Difficulty, and was quickly Regulated.

I know it was alledged in Scotland, That the Privilege of Peerage being, by this Treaty, extended to the Nobility of Scot⯑land, I mean, as to Protection of their Perſons and Eſtates, was both a Diſhonour and a Diſadvantage to them; A Diſhonour, as if they were ſtooping to accept of an Exemption from an Ho⯑neſt Diſcharge of their Debts, and a Diſadvantage, ſince now, they being not lyable to Proſecutions for Debt, would obtain no Perſonal Credit, whatever their Occaſions might be—; And that a private Gentlemans Bond would now be more Valuable than a Noblemans, ſince it could be Sued and made Heretable, whereby his Eſtate ſhould become lyable, as well after his Death, as in his Lifetime, whereas a Noblemans Bond could no way be put in Suit.

However this was, there was no making a Diſtinction, at a time when a Treaty was Tranſacting, to bring all, if poſſible, to an Equality of Circumſtances, unleſs the Engliſh Nobility, ſhould have laid themſelves and their Eſtates open, to the com⯑mon Proceſs of the Law, which had been Inconſiſtent with their Conſtitution, and much more with their Convenience.

I have not meddled with the frequent Propoſals, Anſwers and Replyes about the Salt Tax, as a Thing I ſhall ſpeak more at large to, when I ſhall obſerve upon the Minutes of Parlia⯑ment, where that Matter received a New Turn, and all theſe Scruples were effectually ſettled under one Head of Limitation, and ſo are needleſs to be Repeated here.

It may be needful to Explain ſomething here, of the Debate and Reſtriction about Shipping; The Engliſh Commiſſioners had in their View the Act of Navigation, which, in England, obliges all the Ships Employed to and from England, except only ſuch Ships as Import any Thing of the Growth or Manu⯑facture of their own Country, to which thoſe Ships belong, to be Engliſh built Ships, and the Mariners, or Sailers Navigating the ſame, to be Two Thirds, at leaſt, Natural Born Subjects of England.

Now as Scotland of late Years wanting Timber, or other Ma⯑terials for Building, had but very few Ships of their own Build⯑ing, they carryed on the greateſt part of their Forreign Trade in Ships built in Holland, Hamburgh, the Baltick, or other For⯑reign Parts; Wherefore the Engliſh Commiſſioners, in order [82] to ſet Bounds to the Introducing of Forreign Bottoms into our Trade as Free Ships, offered the Clauſe as in the Minute.

It was moved in the Scots Behalf, to give a certain time for the clearing up this Point, and that a Ship ſhould be deemed Free at the time of the Union, if part of her was owned by Scots Men at the time of the Union, becauſe as the Scots Traded much to Holland, ſo the Merchants of Amſterdam, Camphere, &c. were in part Owners, in Company with the Scots Mer⯑chants, of many of their Ships; And therefore it was thought hard, That if the Major Part of the Owners were Scots Men, yet the Ship ſhould be deemed Forreign, which would either oblige the Scots Merchant to buy the Remainder, at what Price the Forreign Owner pleaſed to Exact, or oblige him to ſell and caſt off the Ship, which he could not carry on his Trade with⯑out.

But as this would have claſhed directly with the Act of Navi⯑gation, and created innumerable Inconveniencies in Trade, it was left out; For then Forreigners had had no more to do, but to Intereſt Scots Men in a Moiety of their Ships, and ſo have made great Numbers of Forreign built Bottoms have paſs'd for Free Ships in Britain, to an Inexpreſſible Damage of the Engliſh Trade.

This Point therefore being given up, it remained only to diſpute the time, at which any Veſſel belonging entirely to Scots Owners ſhould be deemed Free; The Engliſh Commiſſioners put it, to be at the time of Signing the Treaty, the Scots Commiſſioners inſiſted on the time of the Commencement of the Union; But the Reaſons given againſt that Latitude were ſo Convincing, that the Scots Commiſſioners Complyed with it.

The principal Reaſon was, That, in that Interval of time, the Merchants of either Kingdom might furniſh themſelves with great Numbers of Forreign Ships, which being built cheaper than the Engliſh, and becoming Free by this Clauſe, would be a great Prejudice to Trade; And ſeing it was the known Inte⯑reſt of both Kingdoms, to Encourage the Building of Merchants Ships among themſelves, it could not but be the Intereſt of both, to prevent the Crowding in of Forreign Ships among them.

This was Debated again in the Parliament of Scotland, and, after long Diſcourſes, obtain'd to paſs with this ſmall Alterati⯑on, the Time of Ratifying, inſtead of the Time of Signing the Union, as ſhall appear in its place.

The Affairs of the Standards, Weights and Meaſures, were Things admitted no Debate in either Kingdom, ſo need no Ob⯑ſervation; I ſhall give a Scale of the Differences hereafter, be⯑cauſe it may be uſeful in Matters of Trade.

The Affair of the Coin made ſome Noiſe Abroad among the People, but the Anſwering the Loſs of private Perſons out of the Equivalent put a Stop to it, and it was alſo Adjuſted with⯑out any Heſitation.

[83] Neither was there any Difficultie before them about the Affair of the Great-Seal of Britain, or of any Regulations with reſpect to a Seal in Scotland, for the paſſing ſuch Acts, either relating to private Rights or publick Juſtice; but it appeared ſo equal, that it made no Difficulties, even at the time of the Parliament in Scotland, when moſt of the other Heads admitted ſuch ſtrong Debates.

But the next thing proceeded upon, was the Calculation of the Equivalent, which a Committee had been buſy in ſettling, with Clerks appointed to Examine the Calculations, and State them for the Commiſſioners, the Reſult of which was now be⯑fore them.

The Lord Treaſurer in Name of the Lords Commiſſioners for England deliver'd to the Board the following Propoſal, which was Read.

The Lords Commiſſioners of the two Kingdoms having appointed a Committee conſiſting of a like Number of each Commiſſion for adjuſting the Equivalent to be allowed to Scotland for what that Kingdom ſhould become lyable to anſwer towards payment of the Debts of England, by Reaſon of their having agreed to bear the ſame Duties of Cuſtoms and Exciſes upon all Exciſeable Liquors; and the ſaid Committee having frequently met, and after a full en⯑quiry having agreed amongſt themſelves, and ſeverally Reported to their reſpective Commiſſions, that the Sum of lib. 398085, 10 ſh. was the Equivalent to be anſwered to Scotland, according to the proportion which the preſent Cuſtoms and Exciſes in Scotland do bear to the Cuſtoms and Exciſes upon Exciſeable Liquors in England; and the Lords Commiſſioners for England having conſidered and Examin'd the ſaid Report, Do agree to the ſaid Sum.

The Lords Commiſſioners for Scotland having alſo inſiſted, That after the Union the Kindgom of Scotland becoming lyable to the Engliſh Duties of Cuſtoms and Exciſes upon exciſeable Liquors, as well upon that account as upon the account of the increaſe of Trade and People, which will be the happy conſequence of the ſaid Uni⯑on, the ſaid two Revenues will much improve, of which no preſent Valuation can be made; Yet nevertheleſs for the Reaſons aforeſaid there ought to be a proportionable Equivalent allowed to Scotland; The Lords Commiſſioners for England do agree that after the Union there ſhall be an Accompt kept of the ſaid Duties ariſing in Scotland, to the end it may appear what ought to be allowed to Scotland as a proportionable Equivalent for ſuch proportion of the ſaid Increaſe, according to the calculation aforeſaid, as ſhall be applicable to the payment of the Debts of England.

The Lords Commiſſioners for Scotland having alſo by their Paper delivered the 21ſt Inſtant, propoſ'd that the Rights and Priviledges of the Company in Scotland, Trading to Affrica and the Indies, do continue after the UNION, or if the Priviledges of that Company be judg'd inconvenient for the Trade of the United Kingdom, That [84] the private Rights of the ſaid Company in Scotland be purchaſ'd from the ſaid Proprietors; The Lords Commiſſioners for England in Anſwer thereto, ſay they are of opinion, That the continuance of that Company is inconſiſtent with the Good of Trade in the U⯑nited Kingdom and conſequently againſt the intereſt of Great-Britain; And therefore, they inſiſt that it ought to be determined; But the Lords Commiſſioners for England being ſenſible that the Miſ⯑fortunes of that Company have been the occaſion of Miſ-underſtand⯑ings, and Unkindneſſes between the two Kingdoms, and thinking it to be above all things deſireable, that upon the Union of the Kingdoms, the Subjects of both may be entirely United in affection; Do therefore wiſh that regard may be had to the Expences and Loſſes of the particular Members of the ſaid Company, in the man⯑ner hereafter-mentioned, and they hope when the Lords Commiſ⯑ſioners for Scotland have conſidered how Generally that undertaking was enter'd upon in Scotland and conſequently how univerſal that Loſs was, they will readily agree to the Propoſal.

The Lords Commiſſioners for England do alſo think it of much con⯑ſequence to England, that it ſhould be agreed in this Treaty after what manner the Equivalent (which will amount to a great Sum payable upon and after the Union) is to be paid and applyed, and being extremely deſirous to bring the Treaty to a ſpeedy Concluſion, and in order to that, as ſoon as may be, to ſettle and fix the mat⯑ter of the Equivalent, and the Application thereof; Do agree as fol⯑lows, and do alſo make the following Propoſals to the Lords Com⯑miſſioners for Scotland.

The Lords Commiſſioners for England do agree, That upon com⯑pleating the Union, the ſaid Sum of Lib. 398085 10 ſh. being agreed upon as the Equivalent for Scotland, ſhall be granted to Her Majeſty for that uſe.

The Lords Commiſſioners for England do alſo agree, that upon the Account to be kept as aforeſaid of the Improvement of the Re⯑venue of Cuſtoms and Exciſes upon Exciſeable Liquors in Scotland after the Union, there ſhall be anſwered to Scotland an Equivalent in proportion to ſuch part of the ſaid increaſe as ſhall be applicable to the payment of the Debts of England.

The Lords Commiſſioners for England do alſo agree, That an Equivalent ſhall be anſwered to Scotland for ſuch other parts of the Engliſh Debts as that Kingdom may hereafter become lyable to pay by reaſon of the Union.

The Lords Commiſſioners for England do propoſe for the further, and more effectual anſwering the ſeveral ends hereafter mention'd and propoſ'd, That from and after the Union, the whole increaſe of the Revenue of Cuſtoms and Exciſes upon Exciſeable Liquors in Scot⯑land, over and above what the ſaid Revenues do now yeeld, ſhall go and be applyed for the Term of ſeven years, to the uſes hereafter mentioned.

And upon the ſaid Agreements and Propoſal, The Lords Com⯑miſsioners for England do further propoſe, That Her Majeſty be Im⯑powr'd [85] to appoint Commiſsioners, who ſhall be accomptable to the Parliament of Great-Britain, for diſpoſing the ſaid Sum of 398085 Lib. 10. to be granted as af reſaid, and alſo of all other Moneys which ſhall ariſe upon the Agreements and Propoſal aforeſaid to the purpoſes following, 1. That out of the ſaid Sum of 398085 Lib. 10. all the publick Debts of the Kingdom of Scotland, and alſo the Capital Stock or Fund of the African and Indian Company of Scot⯑land together with the intereſt for the ſaid Capital Stock, after the rate of 5 p. cent. p. Annum from the reſpective times of payment thereof ſhall be payed, and that immediately upon ſuch payment of the ſaid Capital Stock and Intereſt, the ſaid Company ſhall be Diſſolved and ſhall ceaſe; Provided nevertheleſs that from the time of paſſing the Act, for raiſing the ſaid Summe of 398085 Lib. 10. The ſaid Company ſhall neither Trade nor give licence to Trade.

The Lords Commiſſioners for England do further propoſe, That after payment of the ſaid publick Debts, and Refounding the ſaid Capital Stock in manner aforeſaid, the overplus of the ſaid Sum of 39 [...]085 Lib. 10 ſh. And alſo the whole improvement of the Re⯑venue of Cuſtoms and Exciſes upon Exciſeable Liquors (above the preſent value) which ſhall ariſe during the Term of ſeven years, from the commencement of the Union as aforeſaid, together with the Equivalent which ſhall become due upon account of the Im⯑provement of the Cuſtoms and Exciſes on Liquors in Scotland, after the ſaid ſeven years, and all other Sums, which according to the Agreement aforeſaid may become payable to Scotland, by way of Equivalent, for what that Kingdom ſhall hereafter become lyable to anſwer for the Debts of England, may be applyed in the manner following.

That out of the ſame what conſideration ſhall be found neceſſary to be had for any Loſſes which privat Perſons may ſuſtain in Re⯑duceing the Coyn of Scotland, to the Standard of England (menti⯑on whereof is made in another Paper delivered by the Lords Com⯑miſſioners for Scotland the 21ſt Inſtant) may be made good, and afterwards the ſame ſhall be wholly Employed towards encouraging and promoting the Fiſherys, and ſuch other Manufacturys and Im⯑provements in that part of Britain called Scotland, as may moſt conduce to the general Good of the United Kingdom.

Adjourn'd to Wedneſday the 26th Inſtant 7 in the Evening.

OBSERVATION XII.

In making Obſervations on the Affair of the African Compa⯑ny, it may be neceſſary to ſtate that part of the African Affair, as belongs to this immediate Debate.

The African Company having, as has been related in the beginning of this Work, met with ſeveral Diſaſters and Miſ⯑fortunes, in ſome of which, the National Intereſts of England and Scotland, had but too much claſhed, and which had been the Occaſion of a great deal of ill Blood between them, it was [86] abſolutely neceſſary, in the bringing to paſs an Union between the Kingdoms, to remove every Occaſion of Diſcontent; and particularly every Interfereing Intereſt, being Inconſiſtent with a compleat entire Union, the Thing now aim'd at, there was therefore an abſolute Neceſſity to Remove or Reconcile every Thing of that Nature, as far as poſſible, before ſuch an Union could be made.

The Scots Commiſſioners were in the right to propoſe, That their African Company ſhould be ſupported and defended as a private Right, all Rights and Privileges of Corporations and Companies being to be Reſerved; And this having been a National Concern, in which they had but made an Eſſay, and miſcarrying in their firſt Attempt, had let it reſt for a while, but had Various Proſpects of Future Projects and Attempts; It could not be equal, to oblige them to quit theſe Proſpects, and their Legal Right to a Trade to the Indies, which was ſo Valuable in other Countries, and which might in Time Reſtore their Loſſes; and therefore they propoſed the Reſerving to themſelves the Charters, Rights and Privileges of their African and Indian Company.

On the other Hand, the Caſe of England made this Impracti⯑cable; For, whereas there was already a Company Eſtabliſh⯑ed in England, Formed, and, with great Difficulty United in⯑to One, from two Contending and Powerful Companies; And that theſe were entirely ſupported, and depended upon their Excluſive Charters, by which no other Perſons could Trade to the Indies but themſelves, or, by their Permiſſion: If this Company Eſtabliſhed in Scotland had continued after the Union, the Article for a Free Intercourſe of Trade between the Nations, had immediately open'd to them all the Ports of England, for their Ships and Goods; And it had been, in Event, a perfect laying open the Eaſt-India Trade, or at leaſt Erecting a New Eaſt-India Company in Britain, which, whoever knows the Diffi⯑culty of Uniting the laſt Contending Companies, and the Injury they did both their Trade in particular, and the whole Nation of England in general, before they could be brought together, will acknowledge, is not to be born within Britain.

This the Scots Commiſſioners foreſaw, and therefore very frankly propoſed the Alternative, viz. That if the Priviledges of that Company ſhall be judg'd Inconvenient for the Trade of the Reſt of the Ʋnited Kingdom, that the private Rights of the ſaid Com⯑pany in Scotland be purchas'd from the Proprietors.

This was the leaſt that could be demanded; For, if Eng⯑land found it Impracticable to ſuffer, or Intolerable to their Two Companies to bear, it was but reaſonable, that the Company, who was to quit its Right, ſhould have Satisfaction for parting with that Right: And the next Queſtion was there⯑fore, what muſt this Purchaſe be, and who muſt pay it, and this was no ſmall Point.

[87] England was ſo clear and fair in all their Offers as to the Equivalent, That the Scots Commiſſioners were, in a manner, pre⯑vented in every thing they had to ask; The Offers of a full Recom⯑pence in Money, advanc'd for all the Money which Scotland ſhould be charg'd to pay towards the Engliſh Debts, and of applying the whole remaining Revenue of Scotland for the Encouraging Trade, and Employing the Poor, had in it ſo much Evidence of the hearty Deſign of the Engliſh Commiſſioners, to conſider every Thing for the Good of the Community after the Union, That it could bear but little Objection: It ſeem'd therefore but reaſonable, That the Scots ſhould, at their own Charge, put themſelves in Condition of Uniting, That is, That, if they had any National Obſtruction, which was Inconſiſtent with the deſign'd Union, and without Removing which it could not be made, that then the Removing that Difficulty ſhould ly at their Door.

It was this kind of Reaſoning, which directed the Purchaſe of the private Rights of the African Company in Scotland to be made out of the Equivalent Money; And to which, after very little Debate, as you may ſee, both Parties agreed.

Then the Queſtion was, What Price ſhould theſe private Rights be purchaſed at; And this would have met with great Difficulties, ſome magnifying the Proſpects of their Company in Trade, as a Thing not to be Valued, and which alone was able to Enrich their Nation; Others leſſening it in the moſt contemptible manner, as a Thing that not only had now, but never had any Proſpect or Poſſibility of Succeſs, as it had been managed. Of which by it ſelf—.

But the Method propoſed appeared ſo fair, That it left no Room for Objection, it being a Valuation from the True Origi⯑nal, viz. That every private Adventurer ſhould be put in the ſame Condition as he was in at firſt, ſuppoſing his Money put out to Intereſt—; So that every Man was to receive his full Original Capital Stock which he had at firſt advanced, and 5 per Cent. Intereſt to the Time of Payment.

Nor can I forbear ſaying, That the Surprize of this Offer had Various Effects upon the People; for this Stock was a dead Weight upon a great many Families, who wanted very much the Return of ſo much Money: It had not only been long diſ⯑burs'd, but it was, generally ſpeaking, abandoned to Deſpair, and the Money given over for loſt; Nay, ſo entirely had People given up all Hopes, That a Man might even, after this Con⯑cluſion of the Treaty, have bought the Stock at 10 Pound for an Hundred; And after all this, to find the whole Money ſhould come in again with Intereſt for the Time, was a Happy Surprize to a great many Families, and took off the Edge of the Oppo⯑ſition, which ſome People would otherwiſe have made to the Union in general.

Wedneſday the 26th June 1706.
[88]

Her Majesty came to the Meeting, and being ſeated in her Chair, ſpoke to the Lords Commiſſioners as follows,

My Lords,

I Am come hither once more to ſee what further progreſs you have made in this Treaty, and to preſs a ſpeedy concluſion of it, in regard my Servants of Scotland cannot without great inconve⯑niency be much longer abſent from that Kingdom.

After which Her Majeſty was pleas'd to direct, that the proceed⯑ings of the Commiſſioners for both Kingdoms (from the time of Her being here) ſhould be Read, which was accordingly done by the reſpective Secretaries, and then Her Majeſty went away.

Adjourn'd to Friday the 28th Inſtant 6 in the Evening.

Friday the 28th June 1706.

The Lord Keeper, in Name of the Lords Commiſſioners for Eng⯑land delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for England having conſidered the Pro⯑poſal made by the Lords Commiſsioners for Scotland the 22d In⯑ſtant, touching the continuance of the Laws and Acts of Parliament now in Force in Scotland, for preventing Frauds in pineing, cureing and packing Fiſh in Scotland; Do agree to the ſame; And do likeways agree, that Fiſh Exported from Scotland to parts be⯑yond the Seas after the Union, ſhall have the ſame Eaſes, Proemiums and Drawbacks, as are now allowed by the Laws of England, to ſuch as Export the like Fiſh from England.

The Lord Keeper, in Name of the Lords Commiſsioners for Eng⯑land alſo delivered to the Board the following Paper, which was Read.

The Lords Commiſsioners for England do agree to the further Ex⯑planation contain'd in the Paper, deliver'd by the Lords Commiſ⯑ſioners for Scotland the 25th Inſtant, concerning Forreign built Ships belonging to Her Majeſties Subjects of Scotland, with this Addition, That in the Oath propos'd to be made by one or more Owners of ſuch Ship, where there are more Owners, the Names of all the Own⯑ers, and the places of their Abode ſhall be particularly mentioned.

The Lord Keeper, in Name of the Lords Commiſsioners for Eng⯑land, delivered to the Board the following Propoſal, which was Read.

The Lords Commiſsioners for England being deſirous that no Time be loſt in perfecting this Treaty, do propoſe, That Four Commiſ⯑ſioners of each part be appointed to draw up into Form the Articles or Heads of this Treaty upon the Points already agreed, or which hereafter ſhall be agreed, in order to be Sign'd and Seal'd by the Commiſsioners of both Kingdoms.

[89] The Lord Chancellor, in name of the Lords Commiſsioners for Scotland, deliver'd to the Board the following Paper, which was Read.

The Lords Commiſsioners for Scotland having conſidered the Propoſal delivered by the Lords Commiſsioners for England the 22d Inſtant, concerning the Great Seal; Their Lordſhips do agree, that there ſhall be a Great Seal for the United Kingdom of Great-Britain, to be uſed for Sealing Writs, to Elect and Summon the Parliament of Great-Britain, and for Sealing all Treaties with Forreign Princes, and States, and all publick Writes and Orders of State which con⯑cern the whole United Kingdom. And the Lords Commiſſioners for Scotland do propoſe, That the Great Seal of the United King⯑dom be different from the Great Seals now Uſed in either Kingdom, and that the Quartering the Arms as may beſt ſuit the Union be left to Her Majeſty, and that in the mean time the Great Seal of England be uſed as the Great Seal of the United Kingdom. And the Lords Commiſſioners for Scotland do further propoſe as a con⯑ſequence of the Reſervations agreed to by the Lords Commiſſioners for both Kingdoms of the Laws and Cuſtoms in Scotland, 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 uſual⯑ly paſs'd the Great Seal of Scotland, and which do only concern Offices, Grants, Commiſſions and private Rights within that King⯑dom; and that the Privy Seal, Signet, Signet of the Juſticiary Court, Quarter Seal, and other Seals of Courts now in uſe in Scot⯑land be continued, but that the ſame be altered and adapted to the State of the Union as Her Majeſty ſhall think fit, and that 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.

The Lords Commiſſioners for Scotland do alſo propoſe, That upon calling the firſt Parliament of Great-Britain, and until the ſaid Parliament ſhall make further Proviſion therein, the following Method be uſed in ſummoning the Members from Scotland, to at⯑tend in both Houſes of Parliament of Great-Britain, viz. That a Writ under the Great Seal of the United Kingdom be iſſued out for ſummoning the ſaid Members, and that the ſaid Writ be directed to ſuch Court, Officer or Office, and to be Executed and Return'd in ſuch manner, as in the Parliament of Scotland ſhall be ſettled, at, or before Ratifying the Treaty.

The Lord Chancellor did alſo in Name of the Lords Commiſſio⯑ners for Scotland, deliver to the Board the following Paper, which was Read.

The Paper deliver'd by the Lords Commiſſioners for England on the 25th Inſtant, concerning the Equivalent, do's very much con⯑tribute to the bringing this Treaty to a concluſion. And the Lords Commiſſioners for Scotland being ready to concur on their part, do agree to the ſame, with the following Additions and Explanati⯑ons.

[90] I. And firſt, Where the ſaid Commiſſioners for both Kingdoms have agreed that the Summe of 398085 l. 10 ſh. is the Equivalent to be Anſwered to Scotland, according to the proportions, which the preſent Cuſtoms and Exciſe of Scotland do bear to the Cuſtoms and Exciſes upon Exciſable Liquors in England; The Lords Commiſ⯑ſioners for Scotland do propoſe, That the Accompts and Calculati⯑ons which lay before the Committee, by which it do's appear, from whence the foreſaid Sum do's ariſe be enter'd in the Journal Books of this Treaty.

And where the Lords Commiſſioners for both Kingdoms have alſo agreed that an Account be kept of the Duties in Scotland, ariſing from the Cuſtoms and Exciſes upon Exciſable Liquors, beyond the preſent Eſtimat, To the end, It may appear what ought to be al⯑lowed to Scotland, as an Equivalent to ſuch proportion of the ſaid Encreaſe, according to the Calculation aforeſaid, as ſhall be Ap⯑plicable for payment of the Debts of England; The Lords Commiſ⯑ſioners for Scotland do in like manner propoſe, That the Calculation of that proportion which lay before the Committee be enter'd in the Books of Journal of this Treaty.

And where, the Lords Commiſſioners for both Kingdoms have agreed, That upon compleating the Union, the ſaid Summe of 398085 l. 10 ſh. being agreed upon as the Equivalent for Scotland, ſhall be granted to Her Majeſty for that uſe: The Lords Commiſſio⯑ners for Scotland do underſtand it to be the meaning of the Lords Commiſſioners for England, That the ſaid Summe be Granted to Her Majeſty in the Parliament of England, at or before Ratifying the Treaty, and do propoſe, that the Summe be due and payable from the time of Ratification of the Union in both Parliaments.

And whereas, It is agreed on both ſides, That Her Majeſty be Impowred to Appoint Commiſſioners who ſhall be Accomptable to the Parliament of Great-Britain for Diſpoſing of the ſaid Sum of 398085 lib. 10 ſh. to be Granted as aforeſaid, and alſo of all other Moneys that ſhall ariſe upon the Agreements and Propoſal aforeſaid, to the purpoſes mentioned in the ſaid Paper delivered by the Lords Commiſſioners for England on the 25th Inſtant; The Lords Com⯑miſſioners for Scotland do propoſe that the foreſaid Commiſſioners be not only Impowred to call for, Receive and Diſpoſe of the foreſaid Summe to the purpoſes mentioned in the ſaid Paper; But further, that the ſaid Commiſſioners be Authoriz'd and Impowred to Inſpect the Books of the ſeveral Collectors of the ſaid Revenues of Cuſtoms and Exciſe, and of all other Duties, from whence an Equivalent may ariſe, and that the Collectors and Mannagers of the ſaid Duties and Revenues be oblig'd to give to the ſaid Commiſſioners Subſcrib'd Authentick Abbreviats of the produce of the ſeveral Revenues and Duties ariſing in their reſpective Diſtricts on Account, where an Equi⯑valent may become due to Scotland; which Commiſsioners ſhall be oblig'd to keep Books, containing Accompts of the Ammount of the Equivalent, and how the ſame ſhall be Diſpoſed of from time to time; Which Books ſhall be Patent for Inſpection to all the Subjects [91] in Scotland; And that the ſaid Commiſsioners have their Office within the limits of the ſaid Kingdom of Scotland.

The Lord Chancellor, in Name of the Lords Commiſsioners for Scotland, delivered to the Board the following Propoſal, which was Read.

The Lords Commiſſioners for Scotland do propoſe, for removing of National Diſtinctions between the Two Kingdoms after the Uni⯑on, That the Croſſes of St. Andrew and St. George be conjoyn'd when Uſed in Flaggs, Banners, Standards and Enſigns, both at Sea and Land.

The Lords Commiſſioners for Scotland withdrew, and being Re⯑turn'd, The Lord Chancellor, in their Lordſhips Names, deliver'd to the Board the following Anſwer to the Propoſal delivered by the Lords Commiſſioners for England at this Meeting, which was Read.

The Lords Commiſſioners for Scotland do agree, That Four Com⯑miſſioners of each part be Appointed to draw up into Form the Ar⯑ticles or Heads of this Treaty, and have Nam'd for their part,

  • The Lord Preſident of Seſſion.
  • Lord Juſtice Clerk.
  • Sir Alexander Ogilvie, one of the Senators of the College of Juſtice.
  • Sir David Dalrymple.

The Lord Keeper, in Name of the Lords Commiſſioners for Eng⯑land, delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for England do Nominat on their part, to be of the Committee agreed to be Appointed for drawing into Form the Treaty of Union between the Two Kingdoms, the Per⯑ſons following,

  • Attorney General.
  • Sollicitor General.
  • Sir John Cook:
  • Doctor Waller.

Agreed that the abovenamed Committee, conſiſting of Four of each Commiſſion Meet the Morrow Morning at Ten a Clock, and that they have Power to Adjourn themſelves.

Adjourn'd to Monday the 1ſt July at 6 in the Evening.

Monday, the 1ſt of July, 1706.

The Lord Keeper, in Name of the Lords Commiſſioners for England, Delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for England having conſidered the An⯑ſwer delivered by the Lords Commiſſioners for Scotland the 21ſt June laſt, to the propoſal made by the Lords Commiſſioners for England the 19th of the ſame Month, concerning the Coyn, Weights, and Meaſures to be uſed thro-out the United Kingdom; The Lords Commiſſioners for England do agree to the Proviſions contain'd in the ſaid An⯑ſwer, with this Addition, that the Weights and Meaſures for Scot⯑land, [92] to be kept in the Burroughs of Scotland, to whom the Keep⯑ing of the ſame do's now belong, be ſent down to the Reſpective Burroughs, from the Standard kept in the Exchequer at Weſtminſter, and that a Mint be continued in Scotland, under the ſame Rules as the Mint in England, ſubject to ſuch Regulations as the Parliament of Great-Britain ſhall think fit.

The Lord Chancellor, in Name of the Lords Commiſſioners for Scotland, deliver'd to the Board the following Paper, which was Read.

The Lords Commiſſioners for Scotland having, on the 25th June laſt, deliver'd a further Explanation of their Propoſal delivered the 22d June, concerning Ships belonging to Her Majeſties Subjects of Scotland, and the Lords Commiſſioners for England having a⯑greed to the ſaid Explanation in their Lordſhips Paper deliver'd 29th June, with an Addition thereto; The Lords Commiſſioners for Scotland do now agree to the ſaid Addition.

Adjourn'd to Wedneſday 3d Inſtant at 11 a Clock.

Wedneſday the 3d July, 1706.

The Lord Treaſurer, in Name of the Lords Commiſſioners for England, Delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for England have conſidered the Paper, delivered by the Lords Commiſſioners for Scotland the 28th June laſt; And as to the firſt Propoſal therein-contained, viz. That the Great Seal of the United Kingdom, be Different from the Great Seal uſed in either Kingdom, and that the Quartering of the Arms, as may beſt ſuit the Union, be left to Her Majeſty; And that, in the mean time, the Great Seal of England be uſed as the Great Seal of the United Kingdom; The Lords Commiſſioners for England do agree to the ſame.

And as to the ſecond Propoſal, the Lords Commiſſioners for Eng⯑land do agree, That a Seal ſhall, after the Union, be always kept in Scotland for the Uſes and Purpoſes therein-contain'd; And that the Privy-Seal, Signet, and the other Seals therein-mention'd, and now uſed in Scotland, be continued the ſame, to be altered and ad⯑apted to the State of the Union, as Her Majeſty ſhall think fit; and that 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 inſtead of the laſt Propoſal, the Lords Commiſſioners for England do propoſe, That, upon calling the firſt Parliament of Great-Britain, and until the ſaid Parliament ſhall make further Pro⯑viſion therein, the following Method be uſed;

That a Writ do Iſſue under the Great-Seal of the United Kingdom of Great Britain, directed to the Privy Council of that Part of the United Kingdom, now called Scotland, commanding them to cauſe ſixteen Peers, who are to ſit in the Houſe of Lords, to be ſummon'd [93] to Parliament, and Forty five Members to be Elected to ſit in the Houſe of Commons, of the Parliament of the United Kingdom of Great-Britain, according to the Agreements between the two King⯑doms in this Treaty, in ſuch manner as, in the Parliament of Scot⯑land, ſhall be ſettled, at, or before Ratifying the Treaty; and that the Names of the Perſons ſo Summoned, and Elected, ſhall be re⯑turn'd by the Privy Council of Scotland, into the Court from whence the ſaid Writ did Iſſue.

The Lord Treaſurer did alſo, in Name of the Lords Commiſſioners for England, deliver to the Board the following Paper, which was Read.

The Lords Commiſſioners for England having conſidered the Pro⯑poſal contain'd in the Paper, deliver'd by the Lords Commiſſioners for Scotland the 28th June laſt, in Anſwer to the ſeveral Matters, relating to the Equivalent mention'd in the Paper, delivered by the Lords Commiſſioners for England on the 25th of the ſame Moneth; Do agree to the Propoſal therein made, concerning the Accounts and Calculations, from whence the Equivalent did ariſe, being en⯑ter'd into the Journal Books of this Treaty.

And the Lords Commiſſioners for England do likewiſe agree to the Propoſal contain'd in the ſame Paper, concerning the Calculation of the Proportion of the Increaſe of Duties ariſing from Cuſtoms and Exciſes beyond the preſent Eſtimate, being enter'd in the Jour⯑nal Book of this Treaty.

And the Lords Commiſſioners for England do alſo agree to the Propoſal in the ſame Paper, That the Summe of 398085 lib. 10 ſhil. agreed upon to be the Equivalent for Scotland, ſhall be granted to Her Majeſty in the Parliament of England, at or before Ratifying the Treaty, and that the ſame be due and payable from the time of Ratification of the Union in both Parliaments.

And the Lords Commiſſioners for England do alſo agree to what is further propos'd therein by the Lords Commiſſioners for Scotland, concerning the Powers to be given to the Commiſſioners for diſpo⯑ſing of the Equivalent, and the Books and Office to be kept by the ſaid Commiſſioners.

The Lord Treaſurer did likewiſe, in Name of the Lords Commiſſio⯑ners for England, deliver to the Board the following Paper, which was Read.

The Lords Commiſſioners for England have conſidered the Propoſal made by the Lords Commiſſioners for Scotland the 28th June laſt, for removing National Diſtinctions, and do agree, That the Croſſes of St. George and St. Andrew be conjoyn'd, when uſed in Flags, Banners, Standards and Enſigns, both at Sea and Land, with this Addition;

That the manner of conjoyning the ſaid Croſſes be left to Her Majeſty, and that the Enſigns Armorial of the United Kingdom be ſuch as Her Majeſty ſhall appoint.

The Lord Chancellor, in Name of the Lords Commiſſioners for Scotland, deliver'd to the Board the following Paper, which was Read.

[94] The Lords Commiſſioners for Scotland do agree to the Additions contain'd in the Paper delivered by the Lords Commiſſioners for England the 1ſt. Inſtant, concerning the Mint, Weights and Mea⯑ſures.

Adjourn'd to Thurſday the 4th Inſtant, at 6 in the Evening.

Thurſday the 4th July, 1706.

The Lord Chancellor, in Name of the Lords Commiſſioners for Scotland, deliver'd to the Board the following Paper, which was Read.

The Lords Commiſſioners for England, in their Paper of the 3d Inſtant, having agreed to the Propoſal made by the Lords Commiſ⯑ſioners for Scotland the 28th June laſt, concerning the Seals, and having, in the ſaid Paper, propos'd a Method to be uſed in Calling the firſt Parliament of Great-Britain; The Lords Commiſſioners for Scotland do agree to the ſaid Propoſal.

The Lord Chancellor alſo, in Name of the Lords Commiſſioners for Scotland, delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for England having agreed to the Pro⯑poſal made by the Lords Commiſſioners for Scotland the 28th Day of June laſt, concerning the conjoyning the Croſſes of St. Andrew and St. George, with an Addition, viz. That the manner of conjoyning the ſaid Croſſes be left to Her Majeſty, and that the Enſigns Armo⯑tial of the United Kingdom be ſuch as Her Majeſty ſhall appoint.

The Lords Commiſſioners for Scotland do agree to the ſaid Ad⯑dition.

The Lords Commiſſioners of both Kingdoms did agree, to revive the Committee of Eleven of each ſide, nominated the 1ſt of May laſt; and that they meet the Morrow Morning, in order to the directing the Papers and Calculations touching the Equivalent, to be enter'd in the Journal-Books of the Treaty.

Adjourn'd to Saturday the 6 Inſtant at 11 a Clock.

Saturday, the 6th. July 1706.

The Earl of Pembroke Preſident of the Council, in Name of the Lords Commiſſioners for England, delivered to the Board the fol⯑lowing Paper, which was Read.

The Lords Commiſſioners who are on the part of England of the Committee of Lords of both Kingdoms, nominated the firſt of May laſt, to conſider Matters to them referr'd, having Reported to us the Lords Commiſſioners for England, That the ſaid Committee had referred to Six Perſons the Stating, in what Proportion the pre⯑ſent Cuſtoms of Scotland as now lett, do bear to the ſeveral Branches of that Revenue in England, and alſo in what proportion the preſent Exciſe upon Liquors in Scotland, as now lett, do bear to the ſeveral Branches of that Revenue in England, in order to the [95] ſtating of the Equivalent, that would become due to Scotland, for ſo much of the ſaid two Revenues as ſhould be apply'd towards the payment of the Debts of England, which was accordingly done as in No. 1. And that the ſaid Six Perſons had alſo by their Lordſhips directions prepared a Calculation, what ſo much of the ſaid two Re⯑venues of Scotland, as ſhould be applyed towards payment of the Debts of England, would produce of ready Money as in No 2. The ſaid ſix Perſons had alſo calculated, that in caſe the ſaid two Re⯑venues ſhould encreaſe (above what they are now Let for) 1000 Lib. on the Cuſtoms, and 1000 Lib. on the Exciſe, how much there⯑of would contribute towards the payment of the Debts of England, and for which Scotland is to have an Equivalent, as in No. 3. All which Papers their Lordſhips having now laid before us; We the Lords Commiſſioners for England do agree to the ſame, and that all the ſaid Papers be enter'd by the reſpective Secretarys in the Journals of this Treaty.

Adjourn'd to Tueſday the 9th Inſtant 5 in the Evening.

OBSERVATION XIII.

I might make Obſervations here upon the manner of ſtating the Equivalent; for in a Matter of that Moment it is not to be doubted but there were various Judgments paſt, Projects found⯑ed, and Propoſals made on every ſide, for the bringing this [...]ifficult Thing to bear, in which every body ſpoke according to their ſeveral Judgments, and as I noted before, every Man ſuppoſed this ſuch an inſuperable Difficulty, that it would never have been maſtered in the Treaty, and therefore various Schemes were made.

The main Difficulty, as I have hinted already, was the Propoſal it ſelf of an Equivalent, and indeed without this it had been impoſſible to bring this Union to a Concluſion; Nor was the way ever ſeen clear towards a Union till the project of an Equi⯑valent was thought of; The Manner of it therefore might con⯑ſequently be ſuppoſed to introduce equal Difficulty, ſome pro⯑poſed it in an Annual payment of Intereſt to Scotland of lib. 30000 per Annum, or 600000 lib. in Money, to be ſtated at 5 lib. per Cent.

But the People that made theſe Propoſals, built upon the Suppoſition, of the Scots Revenues paying a far greater ſhare of the Engliſh Debt, than upon a further ſearch into the ſeveral Articles, appeared probable; and at beſt built upon imaginary Encreaſes on one ſide, and imaginary Expences on the other, as will appear by the following Schemes of the improved Taxes of Scotland after the Union.

[96]

An Eſtimate of what the Revenue of Scotland may produce after the Ʋnion, when upon the Foot of the Engliſh Taxes.
Cuſtoms70000. 
Exciſe40000. 
Malt and Salt Taxes40000. 
Crown Lands6000. 
Stampt Paper, &c.10000. 
Land Tax50000.216000 l. p. An.

I ſhould not Record this Imaginary and Erroneous Scheme, but to illuſtrate and ſhew the Neceſſity and Original of the True; perhaps the Author of this Scheme had as near a View as any body at that time of Day could come at.

But when the Commiſſioners on both ſides came to Form themſelves into a Committee to ſtate this ſo, as that neither Kingdom might object, they found themſelves under a Neceſſity of keeping a Medium between two dangerous Extremes, That the Scots on one Hand might not plead a Diſparity of Allow⯑ance, and conſequently deny its being an Equivalent, which would overthro' the Foundation; And the Engliſh might not complain they were wrong'd in the Calculation, and paid more for the Proportion than it was worth.

To bring this therefore to a Head, they went back to the Principles, which was an infallible Rule to Judge by, and taking the Cuſtoms and Exciſes of Scotland, which were the only Taxes which Could be appropriated to the payment of Engliſh Debts, and ſtating them at the preſent produce as they were then Farmed out, they advance to the Scots as much Money as the annual Produce of thoſe Sums appropriated as above comes to—. This was capable of a moſt exact Calculation to the leaſt Fraction, and was exactly caſt up as in the Tables an⯑nexed to the Minutes, which I have alſo Printed, that Poſterity may ſee how exactly this Matter was carry'd between both, and may for ever be ſatisfied with the Juſtice which was done them in either Nation.

The Calculation being made exactly for the preſent Revenue of Scotland; It was not for the Commiſſioners to attempt a real Advance upon imaginary Encreaſes, which might or might not come to paſs, as Trade might or might not be Enlarged by the Ʋnion. But to remove all poſſible Objections, they firſt State how much ſhall be appropriate to the payment of the Engliſh Debts, upon every Thouſand Pound that any of the Revenues of Scotland ſhall thereafter advance, and then appointing an exact Account to be kept of ſuch Advance; Agree, that Scotland ſhall be Re-imburſed by way of Equivalent, as much as ſhall be paid out of ſuch advanced Revenues, and that Commiſsioners be [97] appointed both to ſee the Calculations made and Accompts kept, and alſo to pay the ſaid Equivalent as it becomes due.

This was ſo clear, ſo juſt, and ſo unexception'd a Method, that it could admit of no Diſpute, and brought the moſt in⯑tricate part of the whole Treaty to a happy concluſion.

The Queſtion about the manner of payment was now all that remained, and the Propoſal for an Annual Intereſt found no room; for this had been but the ſame thing with letting the Revenues of Scotland pay themſelves as it came in; Nor could it enable Scotland to anſwer the Incumbrances which were then upon her, and which it behoved her to clear her ſelf of to make way for the Union, ſuch as the paying of, or purchaſing the Capital Stock of the African Company, &c. making good the deficien⯑cy of the Coin, paying the publick Debts &c.

To ſolve this, the Calculation being made, they propoſed to Eſtimate the Value of the Proportions which Scotland would ſo pay of the Engliſh Debts, and reduce them to a Rate in pre⯑ſent Money, according to the common Eſtimates then current for advanced payment to the Government; and that then Eng⯑land ſhould pay the full Sum down in ready Money, the payment to become due upon the ſigning the Union.

This was thought not only Juſt, but Advantageous to Scot⯑land, and indeed Neceſſary to her, to ſupply the Stagnation which might be upon the current Caſh of that Kingdom on the Alteration of the Coyn, and to cauſe Money to circulate among them, which was then much wanted.

This part of the Calculation I have therefore cauſed to be Printed here as it ſtands in the Books of the Commiſſioners, to clear up the Particulars, and to convince the niceſt Objectors with what Exactneſs and equal proportion every part of this Tranſaction was carried on.

An Account of the Value of the Annual Summs contributed out of the Cuſtoms of Scotland, (according to the preſent Produce thereof) towards the anticipated Funds of the Cuſtoms of England, viz.
L. 2605 per Annum from the 25th March 1707, until the 24th June 1710, eſtimated in preſent Money.7577
L. 15798 per Annum from 25th March 1707, to the firſt of Auguſt 1710, eſtimated at47506
L. 3578 per Annum from 25th March 1707, to the 30th September 1710, eſtimated at11251
[98] L. 1780 per Annum from the 25th March 1707, for 98 years, Commencing the 8th. of March 1708, at the Rate of fifteen years and three Months purchaſe, comes to27145
L. 23761 per Annum from the Cuſtoms.L. 93479.
A Computation of the Value of the Annual Summs contributed out of the Scotch Exciſe (eſtimated at 33500 Lib. per Annum) towards the anticipated Exciſe Funds in England, viz:
6802 Lib per Annum out of the Exciſe in Scot⯑land towards payment of Annuities for 99 Years, which are charg'd on the 3700 lib. a Week ariſing out of the Hereditary and Tem⯑porary Exciſe in England, at 15 Years three Months Purchaſe, comes to103730: 10
4682 Lib. per Annum contributed out of the Exciſe in Scotland, towards payment of An⯑nuities, amounting to 132433 lib. per Annum charg'd on ix d. per Barrel Exciſe in England, whereof 124866 lib. per Annum is for the Remainder of a Term of 99 Years, commenc⯑ing 25th. January 1692, and 7567 lib. per Annum for Lives, with the Advantage of Survivorſhip; So that 4415 lib. of the 4682 lib. per Annum, will be for the Remainder of the ſaid Term of 99 Years, and 267 lib. thereof for Lives, with the Advantage of Survivorſhip; and ſo much thereof as is for the Remainder of a Term of 99 Years, being Rated at 15 Years and 3 Months Purchaſe, comes to 67328 lib. 15 ſh. and the Remain⯑der being deem'd of equal Value with a Term of 30 Years, comes to 3675 lib. in the whole.71003: 15
4860 Lib. per Annum contributed out of the Exciſe in Scotland, towards payment of 137460 l. per Ann. charg'd on another 9 d. per Barrel Exciſe in England, part in Perpe⯑tuity, part for 99 Years, part for 3 Lives, and part for 2 Lives, whereof 3536 l. of the ſaid 4860 l. per Ann. will be in Perpetuity, 542 l. for 99 Years 74 l. for 3 Lives, and 708 lib. for 2 Lives, ſo much as is in Perpetuity & for 99 Years being Rated at 15 Years and 3 Months Purchaſe, ſo much as is for 3 Lives being Rated at 12 Years Purchaſe, and ſo much as is for 2 Lives at 11 Years Purchaſe, amount in the whole at thoſe Rates to70865: 10
[99]3699 Lib. per Annum contributed out of the Ex⯑ciſe in Scotland, for payment of Annuities charged on another ix d. per Barrel Exciſe in England for 99 Years, at 15 Years and three Months Purchaſe, comes to56409: 15
893 Lib. per Annum contributed out of the Exciſe in Scotland for 3 Years and 3 Moneths, com⯑mencing 25th. March 1707, applicable as the Duty on Low Wines in England for that time, is computed to be worth2597
Lib.304606. 10
From the Cuſtoms93479
Total Sum being the ſame as the Equivalent398085: 10

From this Calculation it alſo appears, That,

Every 1000 l. Increaſe on the Exciſe will pay towards the Debts of EnglandLib. 625
Ditto—On the Cuſtoms792
Tueſday the 9th July 1706.

The Lords Commiſſioners of both Kingdoms agreed to Revive the Committee of Eight, who were Nominat to draw up the Heads of the Treaty in Form, and that they Meet the Morrow Morning.

Adjourn'd to Thurſday the 11 Inſtant at 11 a Clock Forenoon.

Thurſday the 11th July, 1706.

The Lord Keeper, in Name of the Lords Commiſſioners for Eng⯑land, delivered to the Board the following Propoſals, which were Read.

The Lords Commiſſioners for England do propoſe, That the Uni⯑on of both Kingdoms ſhall take place upon the firſt day of May 1707, and their Lordſhips do alſo propoſe, That, if Her Majeſty, on, or before the ſaid firſt day of May, 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 Parlia⯑ment 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 be the Members of the Reſpective Houſes of the Firſt Parliament of Great-Britain; 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 [100] ſhall not be leſs than Forty two days after the date of ſuch Proclama⯑tion; and the time and place of the Meeting of ſuch Parliament being ſo appointed, A Writ ſhall be immediatly Iſſued under the Great-Seal of Great-Britain, directed to the Privy Council of Scot⯑land, for the Summoning the Sixteen Peers, and for Electing Forty five Members, by whom Scotland is to be Repreſented in the Parlia⯑ment of Great-Britain; And the Lords of Parliament of England, and the Sixteen Peers of Scotland, ſuch Sixteen Peers being Summon'd and Return'd in the manner agreed in this Treaty; And the Mem⯑bers 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 Return'd in the manner agreed in this Treaty, ſhall Aſſemble and Meet Reſpectively in the 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 conti⯑nue 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 Diſſolv'd by Her Majeſty.

And the Lords Commiſſioners for England do likewiſe propoſe,

That every one of the ſaid Sixteen Peers of Scotland, and every one of the ſaid Forty five Members for Scotland ſhall, before they Sit or Vote in the Reſpective Houſes of Parliament of Great-Britain, take the Reſpective Oaths, and Subſcribe the Declaration in the ſame manner, as the Lords and Members of both Houſes of Parlia⯑ment in England are oblidg'd to take and Subſcribe, by virtue of any Act or Acts of Parliament now in Force in England, upon the Penalties therein-contain'd.

Adjourn'd to Saturday the 13th Inſtant 11 a Clock Forenoon.

Saturday the 13th July 1706.

The Lord Chancellor, in Name of the Lords Commiſſioners for Scotland, delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for Scotland do agree to the Paper de⯑livered by the Lords Commiſſioners for England the 11th Inſtant, with this Alteration to the firſt part of the ſaid Paper, That where⯑as the ſaid Commiſſioners for England do propoſe, that the firſt Par⯑liament of Great-Britain be appointed to meet at ſuch Time and Place as Her Majeſty ſhall think fit, which time ſhall not be leſs than Forty two days, after the date of ſuch Proclamation, as in the ſaid Propoſal is mentioned; The Lords Commiſſioners for Scotland do propoſe, That the time for meeting of the ſaid Parliament, ſhall not be leſs than Fifty days after the date of ſuch Proclamati⯑on; And as to the ſecond part of the ſaid Propoſal, The Lords Commiſſioners for Scotland do agree to the ſame in the Terms fol⯑lowing, That every one of the Lords of Parliament of Great-Britain, and every Member of the Houſe of Commons of the Parliament of [101] Great-Britain, in the firſt, and all Succeeding Parliaments of Great-Britain, until the Parliament of Great-Britain ſhall otherwiſe direct, ſhall, before they Sit or Vote in the Reſpective Houſes of the Par⯑liament of Great-Britain, take the Reſpective Oaths appointed to be taken in ſtead 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, Intituled, An Act for the Abrogating of the Oaths of Allegiance and Supremacy, and Appointing other Oaths, and Make, Subſcribe, and Audibly Repeat the Decla⯑ration mentioned in an Act of Parliament made in England in the 30th Year of the Reign of King Charles the Second, Intituled, An Act for the more Effectual Preſerving the Kings Perſon and Government, by diſabling Papiſts from Sitting in either Houſe of Parliament; And ſhall take and Subſcribe the Oath mentioned in an Act of Parlia⯑ment made in England, in the firſt Year of Her Majeſties Reign, Intituled, An Act to Declare the Alterations in the Oath appointed to be taken by the Act, Intituled, An Act for the further Security of His Majeſties 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 De⯑claring the Aſſociation to be Determined, upon the Penalty and Diſ⯑abilities in the ſaid Reſpective Acts contain'd; And the Lords Commiſſioners for Scotland do further propoſe, That theſe Words, THE CROWN OF THIS REALM, and the QUEEN OF THIS REALM, mentioned in the Oaths and Declaration contained in the foreſaid Acts, which were intended to ſignifie the Crown and Realm of England, may be underſtood of the Crown and Realm of Great-Britain, United by the Acts of the Reſpects Parliaments Ra⯑tifying this Treaty, and that the Oaths and Declaration be taken and ſubſcrib'd by the Members of both Houſes of the Parliament of Great-Britain in that Senſe.

The Lords Commiſſioners for England withdrew, and being re⯑turn'd, the Lord Keeper, in their Lordſhips Names, delivered to the Board the following Paper, which was Read.

The Lords Commiſſioners for England having conſidered the Paper delivered at this Meeting by the Lords Commiſſioners for Scotland, do agree to the ſeveral Matters therein propoſed.

Adjourn'd to Tueſday 16 Inſtant at 11 a Clock Forenoon.

OBSERVATION XIV.

The Affair of the African Company and the Equivalent being thus ſettled, there was nothing now before them, but things of ſmall Moment, and eaſily adjuſted, ſuch as the Quartering of the Arms, Uniting the Croſſes, and Settling the Banners, Enſigns and Trophies of the United Kingdoms, Regulating Weights and Meaſures, the Methods of Calling and Regulat⯑ing the Parliament, and the Summoning the Members, and the like; In all which, the Commiſſioners on both ſides had little [102] more to do, than to Propoſe and Agree, ſo all things proceed⯑ed Smoothly and Eaſily; And the Articles, being finiſhed, were, with all poſſible Speed, Engroſſed, Signed, and Preſented to the Queen, in manner, as per the Minute, the Treaty having continued from the 16th of April to the 23d of July inclu⯑ſive, being ſo happily Finiſhed, as gave an Univerſal Satisfac⯑tion to all the Kingdom, and at firſt, to all Appearance, was received with equal Joy in either part of the Iſland.

Tueſday the 16th July 1706.

The Draught of the Articles of Union was Read by the reſpective Secretaries, and the Lords Commiſſioners of both Kingdoms Ordered the ſame to be Ingroſſed againſt the next Meeting.

Adjourn'd to Munday 22d Inſtant at 5 in the Evening.

Munday the 22d July 1706.

The Lords Commiſſioners for both Kingdoms Signed and Sealed the Inſtruments or Writings, containing the Articles of Union, conform to their reſpective Commiſſions.

Ordered, That the reſpective Secretaries of each Commiſſion do Sign each others Journals of the Proceedings.

Ordered, That the reſpective Secretaries, after ſigning their Jour⯑nals, enter in the Journals, the Articles of the Treaty of Union.

Adjourn'd to Tueſday the 23 July 1706 at 12 a Clock.

Tueſday the 23 July, 1706.

The Lords Commiſſioners for both Kingdoms went from the Cock⯑pit to Attend the Queen at St. James's, where the Lord Keeper, in Name of the Lords Commiſſioners for England, made the following Speech, and preſented to Her Majeſty one of the Sign'd and Seal'd Inſtruments or Writings, containing the Articles of Union on the part of England.

May it pleaſe Your Majeſty,

WE the Commiſſioners Appointed by Your Majeſty, in purſu⯑ance of the Act of Parliament paſs'd in Your Kingdom of England, to Treat concerning an Union of the Two Kingdoms, with the Commiſſioners for Scotland, do (according to our Duty) Hum⯑bly beg Leave to preſent to Your Majeſty theſe the Effects of our Continued and Faithful Endeavours towards that End.

They are the Articles agreed upon between Your Commiſſioners of both Kingdoms, as the Terms or Conditions, upon which the intended Union is to take place, if Your Majeſty, and the Parlia⯑ments of both Kingdoms ſhall think fit to Approve and Confirm the ſame.

[103] In theſe we have come to an Agreement on every point, we Judg'd Neceſſary to Effect a compleat and laſting Union, and we have En⯑deavoured not to ſtir into any Matter we had Reaſon to think was not ſo.

And altho' we have Unanimouſly carried this Treaty thus far, purely from a Conviction, that we have done therein to GOD, Your Majeſty, and our Countries Good Service; Yet we are far from thinking, that what we have done will or ought to be of any Weight or Authority elſewhere; but do moſt entirely ſubmit theſe our Labours to the High Wiſdom of Your Majeſty, and both Your Parliaments, to ſtand or fall by the Reaſon, Juſtice, and publick Utility on which they are founded.

Your MAJESTIES Royal Preſence and Seaſonable Admoni⯑tions to us at the fitteſt Junctures were (we moſt Thankfully Acknowledge) a very great Encouragement and Aſſiſtance to us in the Difficulties we met with.

Your Majeſties Glory is already perfect, and the finiſhing this Work is all that is wanting to compleat as well as ſecure the Happineſs of ſo great a People, as Your Subjects may now without any arrogance pretend to be.

May Your Majeſty Live not only to give a Sanction of this Uni⯑verſal Bleſſing to all Your People, but alſo to ſee in a long and proſperous Reign over us the many Immediat (or near) Good Effects of it; But as for that great and main Conſequence of it, for which Your Majeſty is making by a moſt Gracious and Charitable Foreſight, this only Effectual Proviſion, I mean the continuance of Peace and Tranquility in this Iſland, upon a deſcent of the Crown inſtead of that Blood ſhed and Diſtraction which would probably follow upon the fatal Diviſion of it.

May we be ſo happy, as never in our days, to Experiment the fitneſs of theſe Meaſures your Majeſty is now taking for that end? But may late, very late Poſterity only in that reſpect reap the Ad⯑vantage of them.

The Lord Chancellor of Scotland in Name of the Lords Commiſ⯑ſioners for Scotland, made the following Speech, and preſented to Her Majeſty one of the Sign'd and Seal'd Inſtruments or Writings, containing the Articles of Union on the part of Scotland.

May it pleaſe Your Majeſty;

THE Commiſſioners appointed by Your Majeſty for the King⯑dom of Scotland, to Treat of an Union of Your two King⯑doms of Scotland and England, have Commanded me to re⯑turn Your Majeſty their moſt humble and dutyful Acknowledgments, for the Honour Your Majeſty has Conferr'd on them, in Employing them to Negotiat this moſt important Affair, which is of the greateſt Conſequence to all Your Majeſties Subjects.

We have endeavoured to diſcharge this Truſt with all Fidelity, and are now come humbly to lay before Your Majeſty, the Articles and Conditions of Union which we have Treated of, and agreed [104] upon, and do ſubmit them to Your Majeſties Royal Conſiderati⯑on.

It is a great ſatisfaction to us, that what we have concluded in this Matter, has been done with Unanimity; and we muſt own, that the knowledge we had of Your Majeſties great Concern for Uniting Your two Kingdoms, and the Earneſtneſs with which Your Majeſty has been moſt Graciouſly pleaſed to Recomend it, hath en⯑abled us to bring this Treaty to a happy and ſpeedy Concluſion, to the mutual Satisfaction of the Commiſſioners on both ſides; and we ſhall eſteem it our greateſt Happineſs, if what we have prepared be acceptable to Your Majeſty, and Ratified by the Parliaments of both Kingdoms, without which, what we have done can be of no Au⯑thority.

An Union of the two Kingdoms has been long wiſh'd for, it be⯑ing ſo neceſſary for Eſtabliſhing the laſting Peace, Happineſs and Proſperity of both Nations; And tho it has been frequently Endea⯑voured by Your Majeſties Royal Predeceſſors without the deſir'd Suc⯑ceſs; Yet the Glorious Succeſſes, with which GOD has Bleſſ'd Your Majeſties Endeavours for the Happineſs of Your People, make us Hope that this Great Work is Reſerv'd to be accompliſhed in Your Majeſties Reign.

After which, Her Majeſty was Graciouſly pleaſed to make the following Speech.

My Lords,

I Give you many Thanks for the great Pains you have taken in this Treaty, and am very well pleas'd to find your Endeavours and Applications have brought it to ſo Good a Concluſion. The Par⯑ticulars of it ſeem ſo Reaſonable, That I hope they will meet with Approbation in the Parliaments of both Kingdoms. I wiſh there⯑fore, That my Servants of Scotland may loſe no time in going down to propoſe it to my Subjects of that Kingdom; And I ſhall always look upon it as a particular Happineſs, if this Union (which will be ſo great a Security, and Advantage to both Kingdoms) can be Accompliſh'd in my Reign.

OBSERVATION XV.

And thus this mighty Affair was brought to a Concluſion.

What Difficultys it met with afterwards, how it became the Averſion of thoſe very People, who, it was generally thought, it had been particularly Furniſhed to preſerve, what Oppoſition it met with, with what Difficulty Finiſhed, and how hardly ſup⯑ported when carried thro', eſpecially in Scotland, ſhall be the Subject of the enſuing part of this Work.

As to the State of the Debts and Revenue of either Na⯑tion, from whence the ſeveral Calculations were made, and the State of the Equivalent Formed, they are Printed from the Ori⯑ginals, and added in the Appendix to this Work.

Here follow the ARTICLES of UNION As they were Treated on and Agreed to at London, to which the Minuts aforeſaid with the Obſervations refer.

[105]
Agreed on the Twenty ſecond day of July, in the fifth Year of the Reign of Her Moſt Excellent Majeſty, ANNE by the Grace of GOD, Queen of Scotland, England, France and Ireland, Defender of the Faith, &c. and in the Year of Our LORD One thouſand ſeven hundred and ſix, by the Commiſſioners nominated on behalf of the Kingdom of Scot⯑land, bearing Date the twenty ſeventh day of February laſt past; In purſuance of the Fourth Act of the Third Seſſion of Her Majeſties Current Parliament of Scotland, in the Fourth Year of Her Majeſties Reign; And the Commiſſioners No⯑minated on the behalf of the Kingdom of England, under Her Majeſties Great-Seal of England, bearing Date at Weſtminſter the Tenth day of April laſt paſt; In purſuance of an Act of Parliament made in England the third Year of Her Majeſties Reign, to Treat of, and concerning an UNION of the ſaid Kingdoms: Which Articles are in all Humility to be preſented to the Queens moſt Excellent Majeſty, and offered to the Conſideration of the reſpective Parliaments of both Kingdoms, purſuant to the ſaid Acts and Commiſſions.

I. THAT the two Kingdoms of Scotland and England, ſhall upon the firſt Day of May next enſuing the Date hereof, and for ever after, be united into one Kingdom, by the Name of GREAT-BRITAIN; And that the Enſigns Ar⯑morial of the ſaid united Kingdom be ſuch as Her Majeſty ſhall Ap⯑point, and the Croſſes of St. Andrew and St. George be conjoyned in ſuch manner as Her Majeſty ſhall think fit, and uſed in all Flags, Banners, Standards, and Enſigns, both at Sea and Land.

II. THAT the Succeſſion to the Monarchy of the United King⯑dom 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 Dutcheſs Dowager of Hannover, 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 [106] Reign of his late Majeſty King William the Third, 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 mar⯑rying Papiſts, ſhall be excluded from, and for ever incapable to In⯑herit, 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 be enjoyed by ſuch Perſon being a Proteſtant, as ſhould have inherited and enjoyed the ſame, in caſe ſuch Papiſts or Perſon marrying a Papiſt was naturally Dead, according to the Proviſion for the Deſcent of the Crown of England, made by ano⯑ther Act of Parliament in England, in the firſt Year of the Reign of their late Majeſties King William and Queen Mary, Entituled, An Act Declaring the Rights and Liberties of the Subject, and ſettling the Succeſſion of the Crown.

III. THAT the United Kingdom of Great-Britain be repreſented by one and the ſame Parliament, to be Stiled the Parliament of Great-Britain.

IV. THAT all the Subjects of the United Kingdom of Great-Britain ſhall, from and after the Union, have full Freedom and In⯑tercourſe of Trade and Navigation, to and from any Port or Place within the ſaid United Kingdom, and the Dominions and Planta⯑tions thereunto belonging; And that there be a Communication of all other Rights, Priviledges and Advantages, which do, or may belong to the Subjects of either Kingdom, except where it is other⯑ways expreſly agreed in theſe Articles.

V. THAT all Ships belonging to Her Majeſties Subjects of Scot⯑land, at the time of Signing this Treaty for the Union of the two Kingdoms, tho Forreign built ſhall be deem'd, and paſs as Ships of the Built of Great-Britain, the Owner, or where there are more Owners, one or more of the Owners, within Twelve Moneths after the Union, making Oath, That, at the time of ſigning the ſaid Treaty, the ſame did belong to him or them, or to ſome other Sub⯑ject or Subjects of Scotland, to be particularly Named, with the places of their reſpective Abodes, and that the ſame doth then belong to him or them, and that no Forreigner directly, or indirectly, hath any Share, Part or Intereſt therein: Which Oath ſhall be made be⯑fore 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 be Impowered to Adminiſter the ſaid Oath; And the Oath being ſo Adminiſtred, ſhall be atteſted by the Officer or Officers, who Adminiſtred the ſame; And being Regiſtrat by the ſaid Officer, or Officers, ſhall be delivered to the Maſter of the Ship, for ſecurity of her Navigation, and a Duplicat 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 en⯑tered in a Regiſter, and from thence to be ſent to the Port of Lon⯑don, to be there entered in the General Regiſter of all Trading Ships belonging to Great-Britain.

[107] VI. THAT all parts of the United Kingdom for ever, from and after the Union, ſhall have the ſame Allowances and Encourage⯑ments, and be under the ſame Prohibitions, Reſtrictions, and Re⯑gulations of Trade, and lyable to the ſame Cuſtoms and Duties on Import and Export: And that the Allowances, Encouragements, Prohibitions, Reſtrictions and Regulations of Trade, and the Cu⯑ſtoms 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.

VII. THAT all Parts of the United Kingdom be for ever, from and after the Union, lyable to the ſame Exciſes upon all Exciſeable Liquors: And that the Exciſe ſettled in England on ſuch Liquors, when the Union commences, take place throughout the whole United Kingdom.

VIII. THAT, from and after the Union, all Forreign Salt which ſhall be imported into Scotland, ſhall be charged, at the Importati⯑on there, with the ſame Duties as the like Salt is now charged with, being imported into England, and to be levyed and ſecured in the ſame manner: But Scotland ſhall; for the ſpace of Seven Years from the ſaid Union, be exempted from the 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 lyable to the ſame Duties for Salt made in Scotland, as ſhall be then payable for Salt made in England, to be levyed and ſecured in the ſame manner, and with the like Draw-backs and Al⯑lowances as in England. And during the ſaid Seven Years, there ſhall be payed in England for all Salt made in Scotland, and import⯑ed from thence into England, the ſame Duties upon the Importati⯑on, as ſhall be payable for Salt made in England, to be levyed and ſecured in the ſame manner as the Duties on Forreign Salt are, to be levyed and ſecured in England: And that, during the ſaid Se⯑ven Years, no Salt whatſoever be brought from Scotland to England by Land in any manner, under the Penalty of Forfeiting the Salt, and the Cattle and Carriages made uſe of in bringing the ſame, and paying Twenty Shillings for every Buſhel of ſuch Salt, and propor⯑tionably for a greater or leſſer Quantity, for which the Carrier, as well as the Owner, ſhall be lyable joyntly 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 Moneths without Baill, and until the Penalty be payed; And that, during the ſaid Seven Years, all Salted Fleſh, or Fiſh, Exported from Scotland to England, or made uſe of for Victualling of Ships in Scotland, and all Fleſh put on Board in Scotland, to be Exported to Parts beyond the Seas, which ſhall be Salted with Scots Salt, or any Mixture therewith, ſhall be Forfeited, and may be Seized; And that, from and after the Union, the Laws and Acts of Parliament in Scotland, for Pine⯑ing, Curing, and Packing of Herrings, White Fiſh, and Salmond for Exportation, with Forreign Salt only, and for preventing of Frauds in Curing and Packing of Fiſh, be continued in Force in [108] Scotland, ſubject to ſuch Alterations as ſhall be made by the Parlia⯑ment of Great-Britain; And that all Fiſh Exported from Scotland to Parts beyond the Seas, which ſhall be Cured with Forreign Salt only, ſhall have the ſame Eaſes, Praemiums and Draw-backs, as are, or ſhall be allowed to ſuch Perſons as Export the like Fiſh from Eng⯑land: And if any Matters of Fraud relating to the ſaid Duties on Salt, ſhall hereafter appear, which are not ſufficiently provided a⯑gainſt by this Article, the ſame ſhall be ſubject to ſuch further Pro⯑viſions, as ſhall be thought fit by the Parliament of Great-Britain.

IX. THAT, whenever the Summe of One Million nine hundred ninety ſeven thouſand, ſeven hundred and ſixty three Pounds, eight ſhilling and four pence half-penny, ſhall be Enacted by the Parlia⯑ment of Great-Britain, to be raiſed in that part of the United King⯑dom, now called England, on Land and other things uſually charg⯑ed 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 Summe of Fourty eight thouſand Pounds free of all Charges, as the Quota of Scot⯑land to ſuch Tax, & ſo proportionably for any greater or leſſer Summe raiſed in Enland by any Tax on Land, and other Things uſually charged, together with the Land; And that ſuch Quota for Scot⯑land, in the Caſes aforeſaid, be Raiſed and Collected in the ſame manner as the Ceſs now is in Scotland, but ſubject to ſuch Regu⯑lations in the manner of Collecting, as ſhall be made by the Parlia⯑ment of Great-Britain.

X. THAT, during the Continuance of the reſpective Duties on Stampt Paper, Vellome and Parchment, by the 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 firſt day of Auguſt One thouſand ſeven Hundred and Ten, Scotland ſhall not be charged with the ſame Duties.

XII. THAT, during the Continuance of the Duties payable in England on Coals, Culm and Cynders, which determines the Thir⯑tieth Day of September One Thouſand Seven Hundred and Ten, Scotland ſhall not be charged therewith for Coals, Culm and Cynders conſumed there, but ſhall be charged with the ſame Duties as in England for all Coal, Culm and Cynders not conſumed in Scotland.

XIII. THAT, during the Continuance of the Duty payable in England, which determines the Twenty Fourth Day of June, One Thouſand Seven Hundred and Seven, 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 Ʋnion, except thoſe conſented to in this Treaty; In regard it is agreed, That all neceſſary Proviſion ſhall be made by the Parliament of Scotland for the Publick Charge and Service of that Kingdom for the Year one thouſand ſeven hundred and ſeven: Providing neverthe⯑leſs, [109] 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 be lyable to the ſame Cuſtoms and Exciſes, and have an Equivalent to be ſettled by the Parliament of Great-Britain. And ſeing it cannot be ſuppos'd, That the Parliament of Great-Britain will ever lay any ſorts of Bur⯑thens upon the United Kingdom, but what they ſhall find of Ne⯑ceſſity, 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 on, for any Part of the United Kingdom, but that the Conſideration of any Exemptions, beyond what are already Agreed on in this Treaty, ſhall be left to the De⯑termination of the Parliament of Great-Britain.

XV. WHEREAS, by the Terms of this Treaty, the Subjects of Scotland, for preſerving an Equality of Trade throughout the Unit⯑ed Kingdom, will be lyable to ſeveral Cuſtoms and Exciſes now payable in England, which will be applicable towards payment of the Debts of England, contracted before the Ʋnion; It is Agreed, That Scotland ſhall have an Equivalent, for what the Subjects there⯑of ſhall be ſo charg'd, towards payment of the ſaid Debts of Eng⯑land, in all particulars whatſoever, in manner following viz. That, before the Union of the ſaid Kingdoms, the Summe of three hun⯑dred, ninety eight thouſand, and eighty five Pounds, ten Shillings, 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 Ex⯑ciſeable Liquors, with which that Kingdom is to be charg'd upon the Ʋnion, as will be applicable to the payment of the ſaid Debts of England, according to the Proportions which the preſent Cuſtoms in Scotland, being Thirty Thouſand Pounds per Annum, do bear to the Cuſtoms in England, computed at One Million, Three Hundred, Forty One Thouſand, Five Hundred and Fifty Nine Pounds per An⯑num: And which the preſent Exciſes on Exciſeable Liquors in Scot⯑land, being Thirty Three Thouſand and Five Hundred Pounds per Annum, do bear to the Exciſes on Exciſeable Liquors in England, computed at Nine Hundred, Forty Seven Thouſand, Six Hundred and Two Pounds per Annum; Which Summe of Three Hundred, Ninety Eight Thouſand, Eighty Five Pounds, Ten Shillings, ſhall be due and payable from the time of the Ʋnion: And in regard, That, after the Ʋnion, Scotland becoming lyable to the ſame Cu⯑ſtoms and Duties payable on Import and Export, and to the ſame Exciſes on all Exciſeable Liquors as in England, as well upon that Account, as upon the Account of the Encreaſe of Trade and People, (which will be the Happy Conſequence of the Ʋnion) The ſaid Revenues will much Improve beyond the before-mentioned Annual Values thereof, of which no preſent Eſtimat can be made; Yet nevertheleſs, for the Reaſons aforeſaid, there ought to be a pro⯑portionable [110] Equivalent anſwered to Scotland; It is Agreed, That, after the Union, there ſhall be an Account kept of the ſaid Duties ariſing in Scotland, to the end it may appear, what ought to be Anſwer'd to Scotland, as an Equivalent for ſuch Proportion of the ſaid Encreaſe, 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 Encreaſe of the Revenues of Cuſtoms, and Duties on Import and Export, and Exciſe upon Exciſeable Li⯑quors in Scotland, over and above the Annual Produce of the ſaid reſpective Duties, as above ſtated, ſhall go and be apply'd, for the Term of Seven Years, to the Uſes hereafter mentioned; And that, upon the ſaid Account, there ſhall be anſwered to Scotland Annual⯑ly, from the end of Seven Years after the Union, an Equivalent in Proportion to ſuch Part of the ſaid Encreaſe, as ſhall be applicable to the Debts of England. And whereas, from the Expiration of Seven Years after the Union, Scotland is to be lyable to the ſame Duties for Salt made in Scotland, as ſhall be then payable for Salt made in England; It is Agreed, That, when ſuch Duties take place there, an Equivalent ſhall be Anſwered to Scotland for ſuch Part thereof, as ſhall be apply'd towards payment of the Debts of Eng⯑land; Of which Duties, an Account ſhall be kept, to the end it may appear, what is to be Anſwered to Scotland as the ſaid Equi⯑valent. And generally, That an Equivalent ſhall be Anſwered to Scotland for ſuch Parts of the Engliſh Debts, as Scotland may hereaf⯑ter become lyable to pay by Reaſon of the Union, other than ſuch for which Appropriations have been made by Parliament in Eng⯑land of the Cuſtoms, or other Duties on Export and Import, Exciſes on all Exciſeable Liquors or Salt, in Reſpect of which Debts, Equi⯑valents are herein before provided. And as for the Uſes, to which the ſaid Summe of Three Hundred, Ninety Eight Thouſand, Eigh⯑ty Five Pounds, Ten Shillings, to be granted as aforeſaid, and all other Moneys which are to be Anſwered or Allowed to Scotland as aforeſaid, It is Agreed, That, out of the ſaid Summe of Three Hun⯑dred, Ninety Eight Thouſand, Eighty Five Pounds, Ten Shillings, all the Publick Debts of the Kingdom of Scotland, and alſo the Ca⯑pital Stock, or Fund of the African and Indian Company of Scotland advanc'd, together with the Intereſt for the ſaid Capital Stock, after the Rate of Five Pounds per Cent. per Annum, from the reſpective Times of the Payment thereof, ſhall be payed: Upon Payment of which Capital Stock and Intereſt, It is Agreed, The ſaid Com⯑pany be Diſſolv'd and Ceaſe, and alſo, That, from the time of paſſing the Act of Parliament in England, for Raiſing the ſaid Summe of Three Hundred, Ninety Eight Thouſand, Eighty Five Pounds, Ten Shillings, the ſaid Company ſhall neither Trade, nor grant Licence to Trade. And as to the Overplus of the ſaid Summe of Three Hundred, Ninety Eight Thouſand, Eighty Five Pounds, Ten Shillings, after the Payment of the ſaid Debts of the Kingdom [111] of Scotland, and the ſaid Capital Stock and Intereſt, and alſo the whole Encreaſe of the ſaid Revenues of Cuſtoms, Duties and Ex⯑ciſes, above the preſent Value, which ſhall ariſe in Scotland, du⯑ring the ſaid Term of Seven Years, together with the Equivalent which ſhall become due upon Account of the Improvement thereof in Scotland after the ſaid Term; And alſo, as to all other Summs, which, according to the Agreements aforeſaid, may become payable to Scotland by way of Equivalent, for what that Kingdom ſhall hereafter become lyable towards payment of the Debts of Eng⯑land, It is agreed, That the ſame be apply'd in manner following, viz. That out of the ſame, what Conſideration ſhall be found ne⯑ceſſary to be had for any Loſſes which privat Perſons may ſuſtain, by Reducing the Coyn of Scotland to the Standard and Value of the Coyn of England, may be made good; And afterwards the ſame ſhall be wholly applyed towards Encouraging and Promoting the Fiſheries, and ſuch other Manufacturys and Improvements in Scot⯑land, as may moſt conduce to the general Good of the United Kingdom. And it is agreed, That Her Majeſty be Impowred to appoint Commiſſioners, who ſhall be accountable to the Parliament of Great-Britain, for diſpoſing the ſaid Summe of three hundred, ninety eight thouſand, eighty five Pounds, ten Shillings, and all other Moneys which ſhall ariſe to Scotland, upon the Agreements afore⯑ſaid, to the purpoſes before mentioned: Which Commiſſioners ſhall be Impowred to call for, Receive, and Diſpoſe of the ſaid Moneys in manner aforeſaid, and to inſpect the Books of the ſe⯑veral 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 be obliged to give to the ſaid Commiſſioners ſubſcrib'd Authentick Abbreviats 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 Books contain⯑ing Accounts of the Amount of the Equivalents, and how the ſame ſhall have been diſpoſed of from time to time, which may be in⯑ſpected by any of the Subjects who ſhall deſire the ſamen.

XVI. THAT, from and after the Union, the Coyn 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, ſubject to ſuch Regulations as Her Majeſty, Her Heirs or Succeſſors, or the Parliament of Great-Britain ſhall think fit.

XVII. THAT, from and after the Ʋnion, the ſame Weights and Meaſures ſhall be uſed throughout the United King⯑dom, as are now Eſtabliſhed in England; And Standards of Weights and Meaſures ſhall be kept by thoſe Burroughs in Scotland, to whom the Keeping the Standards of Weights and Meaſures, now in uſe there, do's of ſpecial Right belong: All which Standards ſhall be ſent down to ſuch reſpective Burroughs from the Standards kept in [112] the Exchequer at Weſtminſter, ſubject nevertheleſs to ſuch Regulati⯑ons, 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 lyable, be the ſame in Scotland, from and after the Ʋnion as in England; And that all other Laws, in uſe within the Kingdom of Scotland, do after the Ʋnion, and notwithſtanding thereof, remain in the ſame Force as before, (except ſuch as are contrary to, or in⯑ſiſtent with the Terms of this Treaty) but alterable by the Parlia⯑ment of Great-Britain, with this Difference betwixt the Laws con⯑cerning Publick Right, Policy, and Civil Government, and thoſe which concern privat Right; That the Laws which concern publick 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 privat Right, except for evident Utility of the Subjects within Scotland.

XIX. That the Court of Seſſion, or Colledge of Juſtice, do after the Ʋnion, and notwithſtanding thereof, remain in all time coming within Scotland as it is now Conſtituted by the Laws of that King⯑dom, and with the ſame Authority and Priviledges as before the Ʋnion, ſubject nevertheleſs to ſuch Regulations for the better Admi⯑niſtration of Juſtice, as ſhall be made by the Parliament of Great-Britain; And that the Court of Juſticiary do alſo after the Ʋnion, 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 Priviledges as before the Ʋnion, ſub⯑ject nevertheleſs to ſuch Regulations as ſhall be made by the Parlia⯑ment 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 Ʋnion, as now in Scotland, until the Parliament of Great-Britain ſhall make ſuch Regulations and Alterations, as ſhall be judg'd Ex⯑pedient for the whole United Kingdom, ſo as there be always con⯑tinued in Scotland a Court of Admiralty, ſuch as is in England, for Determination of all Maritime Caſes relating to privat Rights in Scotland, competent to the Juriſdiction of the Admiralty Court, ſub⯑ject nevertheleſs to ſuch Regulations and Alterations, as ſhall be thought proper to be made by the Parliament of Great-Britain; And that the Heretable Rights of Admiralty and Vice-Admiralties in Scotland be Reſerved to the Reſpective Proprietors as Rights of Pro⯑perty, ſubject nevertheleſs, as to the manner of Exerciſing ſuch He⯑retable 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 Beeing within the Kingdom of Scotland do remain, but ſubject to Alterations by the Parliament of Great-Britain; [113] And that all Inferiour Courts within the ſaid Limits do remain Subordinate, as they are now to the Supream Courts of Juſtice within the ſame in all time coming; And that no Cauſes in Scotland be Cognoſcable by the Courts of Chancery, Queens-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 the Parliament of Great-Britain in Scotland after the Union; And that, after the Union, the Queens Majeſty, and her Royal Succeſſors, may continue a Privy Council in Scotland, for preſerving of publick 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 Heretable Offices, Heretable 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 enjoy'd by the Laws of Scotland, notwithſtanding of this Treaty.

XXI. THAT the Rights and Priviledges of the Royal-Burroughs in Scotland as they now are, do remain intire after the Ʋnion, and notwithſtanding thereof.

XXII. THAT, by virtue of this Treaty, of the Peers of Scotland at the time of the Ʋnion, Sixteen ſhall be the Number to Sit and Vote in the Houſe of Lords, and Forty five the Number of the Repreſentatives of Scotland in the Houſe of Commons of the Parlia⯑ment 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 Pro⯑viſion therein, a Writ do iſſue under the Great Seal of the Uni⯑ted Kingdom, directed to the Privy Council of Scotland, command⯑ing them to cauſe ſixteen Peers, who are to ſit in the Houſe of Lords, to be ſummon'd 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 the Parliament of Scotland ſhall be ſettled before the Ʋnion: And that the Names of the Perſons ſo ſummon'd and elected, ſhall be return'd by the Privy Council of Scotland, into the Court from whence the ſaid Writ did iſſue. And that if her Majeſty, on or be⯑fore the firſt day of May next, on which Day the Ʋnion is to take place, ſhall declare, under the Great Seal of England, That it is Ex⯑pedient, [114] 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 be 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 Days 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 Mem⯑bers, 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 Return'd in the 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 Return'd in the manner agreed in this Treaty, ſhall aſſemble and 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 Ʋnion of the Two Kingdoms had not been made, unleſs ſooner Diſſolved by Her Majeſty; And that every 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 otherways direct, ſhall take the reſpective Oaths, appointed to be taken in ſtead of the Oaths of Alledgeance and Su⯑premacy, 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 Abrogating of the Oaths of Supremacy and Alledgeance, and appointing other Oaths, and make, ſubſcribe, and audibly repeat the Declaration mention'd in an Act of Parliament made in England in the Thirtieth Year of the Reign of King Charles the Second, En⯑tituled, An Act for the more effectual preſerving the Kings Perſon and Government, by Diſabling Papists from ſitting in either Houſe of Parlia⯑ment, and ſhall take and ſubſcribe the Oath mention'd in an Act of Parliament made in England, in the Firſt Year of Her Majeſties 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 Majeſties 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 de⯑claring [115] the Aſſociation to be determin'd 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 ſub⯑ſcribe the ſame, upon the Penalties and Diſabilities in the ſaid reſ⯑pective Acts contain'd. And it is Declar'd and Agreed, That theſe Words, This Realm, the Crown of this Realm, and the Queen of this Realm, mentioned in the Oaths and Declaration contain'd in the a⯑foreſaid Acts, which were intended to ſignifie 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 be 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 preceeding Article, to ſit in the Houſe of Lords of the Parliament of Great-Britain, ſhall have all Priviledges of Parlia⯑ment, which the Peers of England now have, and which they, or any Peers of Great-Britain, ſhall have after the Union, and parti⯑cularly the Right of ſitting upon the Tryals of Peers: And in caſe of the Tryal of any Peer, in Time of Adjournment or Prorogation of Parliament, The ſaid Sixteen Peers ſhall be Summon'd in the ſame manner, and have the ſame Powers and Priviledges at ſuch Tryal, as any other Peers of Great-Britain; And that, in caſe any Tryals of Peers ſhall hereafter happen, when there is no Parliament in Beeing, the Sixteen Peers of Scotland, who ſate in the laſt preceed⯑ing Parliament, ſhall be Summon'd in the ſame manner, and have the ſame Powers and Priviledges at ſuch Tryals, 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 Ʋnion, be Peers of Great-Britain, and have Rank and Precedency next, and immediatly after the Peers of the like Orders and Degrees in Eng⯑land, at the time of the Ʋnion, and before all Peers of Great-Britain, of the like Orders and Degrees, who may be Created after the Ʋni⯑on, and ſhall be Tryed as Peers of Great-Britain, and ſhall Enjoy all Priviledges 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 Priviledge of ſitting in the Houſe of Lords, and the Priviledges depending thereon, and particularly the Right of ſitting upon the Tryals of Peers.

XXIV. THAT, from and after the Ʋnion, there be one Great Seal for the United Kingdom of Great-Britain, which ſhall be diffe⯑rent from the Great Seal now us'd in either Kingdom; And that the Quartering the Arms, as may beſt ſute the Ʋnion, be left to Her Majeſty: And that, in the mean time, the Great Seal of Eng⯑land be us'd as the Great Seal of the United Kingdom; And that the Great Seal of the United Kingdom be us'd for Sealing Writs, to Elect and Summond the Parliament of Great-Britain, and for Sealing all Treaties with Foreign Princes and States, and all publick Acts, Inſtruments and Orders of State, which concern the whole United Kingdom, and in all other Matters relating to England, as [116] the Great Seal of England is now us'd; And that a Seal in Scotland, after the Ʋnion, be always kept, and made uſe of in all things re⯑lating to privat Rights or Grants, which have uſually paſſed the Great Seal of Scotland, and which only concern Offices, Grants, Commiſſions, and privat Rights within that Kingdom; And that, until ſuch Seal ſhall be Appointed by Her Majeſty, the preſent Great Seal of Scotland ſhall be us'd for ſuch Purpoſes; And that the Privy Seal, Signet, Caſſet, Signet of the Juſticiary Court, Quar⯑ter Seal, and Seals of Courts now uſed in Scotland, be continued; But that the ſaid Seals be Altered, and Adapted to the State of the Ʋnion, as Her Majeſty ſhall think fit; And the ſaid Seals, and all of them, and the Keepers of them, ſhall be ſubject to ſuch Regula⯑tions, as the Parliament of Great-Britain ſhall hereafter make.

XXV. THAT all Laws and Statutes in either Kingdom, ſo far as they are contrary to, or inconſiſtent with the Terms of theſe Ar⯑ticles, or any of them, ſhall, from and after the Ʋnion, ceaſe and become void, and ſhall be ſo declar'd to be, by the reſpective Par⯑liaments of the ſaid Kingdoms.

In Teſtimony whereof, the Commiſſioners for the reſpective Kingdoms, Impowered as aforeſaid, have ſet their Hands and Seals to theſe Articles, contain'd in this, and the twenty five fore-going Pages, at Weſtminſter the Day and Year firſt above-written.
  • Seafield Cancellar.
  • Queensberry C. P. S.
  • Mar S.
  • Loudoun S.
  • Sutherland.
  • Morton.
  • Wemyſs.
  • Leven.
  • Stair.
  • Roſeberie.
  • Glaſgow.
  • Arch. Campbell.
  • Dupplin.
  • Roſſe.
  • Hew Dalrymple.
  • Ad. Cokburne.
  • F. Montgomerie.
  • David Dalrymple.
  • Pattr. Johnſton.
  • Ja. Smollett.
  • W. Moriſon.
  • Alexander Grantt.
  • W. Seton.
  • John Clerk.
  • Dan. Steuart.
  • Daniel Campbell.
  • Tho. Cantuar.
  • Wm. Couper C. S.
  • Godolphin.
  • Pembroke P.
  • Newcaſtle C. P. S.
  • Devonſhire.
  • Somerſet.
  • Bolton.
  • Kingſton.
  • Sunderland.
  • Orford.
  • Townſhend.
  • Twharton.
  • Poulett.
  • Somers.
  • J. Smith.
  • Hartington.
  • Granby.
  • C. Hedges.
  • Ro. Harley.
  • H. Boyle.
  • J. Holt.
  • Tho. Trevor.
  • Edw. Northey.
  • Sim. Harcourt.
  • J. Cooke.
  • Stephen Waller.

OF THE Carrying of the TREATY in SCOTLAND.

[1]

AND thus the Treaty at London ended, which, tho' it ſeemed very perfect in all its parts, and as abundance of People thought, could not want any Corrections, yet as by the ſequel appeared, the moſt difficult Work was yet to do.

I know ſome were of the Opinion, that this Treaty could admit of no Additions, Amendments or Alterations, and that the Words in the reſpective Acts of Parliament previous to it, (which ſaid, Provided that nothing in this Treaty ſhould be binding to either Nation, unleſs it ſhall be Ratified in the reſpective Parliament of both Kingdoms) Implyed that the reſpective Parliaments had no Power to enter into the Articles ſeparately and apart, but only debating on the whole, to Approve or Diſapprove, Ratifie or Reject it as a Treaty.

I ſhall not Trouble the Reader with any of the Reaſons given for this Notion, nor make any other Remark upon it than this,—That the People who were for this Opinion were of two ſorts, and both ſuch as the Nations on either ſide, were very little behol⯑ding to.

1. They were ſuch, who having no great Concern for the eſſential part of the Treaty, viz. The Good of their Country, were for taking all upon Truſt, and concerned not themſelves either with the Event, or with the Circumſtances, and therefore without any Dif⯑ficulty were willing to put all upon a meer plurality of Voices, not much regarding whether it went this way or that. I ſhall be Kinder to theſe Gentlemen than to Record their Names, or leave them (ſo eminent in Folly) to be known by Poſterity, leſt their Children ſhould be told hereafter how little their Country was obliged to them.

2. The other ſort, whoſe Follies ought equally to be concealed, I mean as to Naming them, were ſuch who were willing to have them put to the Queſtion in Groſs; Preſuming,

[2] That theſe People aim'd not at ſhortning the Labour, but at cutting off the Union it ſelf, is manifeſt, and it was but too appa⯑rent afterwards; ſince Debates, and that in every Article; by which they plainly made it appear, that they did not argue ſo much to Rectify and Amend as to Deſtroy, not ſo much to make the Articles more Perfect, or more Explicit, more Advantagious, or more Satisfying, but to annihilate them as Articles, and diſſolve the very Life and Being of the Treaty: And this appeared in that, thro' all the Debates that happened afterwards, they ſhew'd themſelves equal⯑ly againſt every Article, and at the ſame time that they Objected againſt things, very ſeldome concern'd themſelves, to propoſe the Alternatives, but rather puſht at overthrowing the ſubſtance of the thing; and if poſſible, to Urge the moſt Neceſſary Articles as Im⯑practicable and Inconſiſtent.

As on the one Hand, this diſcovered the Deſign of the Perſons to be not Amending, but Deſtroying the Articles: So it manifeſtly expoſed their Ignorance, either of their own Strength in Scotland, or of the Strength of their Friends in the South, in both which parts, (had their weak Politicks prevailed to have put the Treaty in general to a Vote) they would have loſt it by a Majority of Voices, the generality of both Nations being fully Convinc'd of the abſolute Neceſſity of a Union, and would rather have Voted it without the Amendments than have loſt it.

If I am ask'd how I prove this, I think I have a very good Foundation for it.

I ſhall further convince the Reader of the manifeſt Deſign of the Party againſt the Union, as ſuch,—from their frequent Attempts to Clog the Articles with ſuch Things as they knew it was impoſſible the Parliament of England could grant—as a Liberty to Export Wool, &c. different Draw-backs, and different Prohibitions in Trade, differing and diſproportioned Exciſes, Cuſtoms and Taxes, &c. of which I ſhall take the Freedom to ſpeak in their Turn.

But being diſappointed in theſe, they found the Parliament of England ſo Unanimous that they paſt all their Amendments, ſome of which were ſuch, as the Party having meerly Clamour'd the Houſe into, were really paſt, not ſo much for any Reſpect to their true Signification, as for the ſake of giving ſome Satisfaction to Uneaſie People.

How much more then the Parliament of England would have paſt the whole Treaty Unaltered, is very evident, and conſequently 'tis as plain that theſe People had taken no aim in their offering to Vote the Articles in the groſs, upon a Preſumption that it would be a mean to make the whole miſcarry.

The Treaty being concluded in England, and the Commiſſioners ſeparated; The next thing was the Meeting of the reſpective Par⯑liaments of the two Kingdoms for Ratification of the Articles.

The Parliament of Scotland was firſt, being to meet the third of October 1706.—The Queen was Repreſented in this Parliament by the Duke of Queensberry.—I know 'tis not the part of a Hiſtorian to make Panegericks, and I think I have given Demonſtrations to the World, as to my ſelf, that I will flatter no Man—But I cannot but give this Teſtimony here, that the Prudence, Calmneſs, Temper and Moderation of this Noble Perſon had theſe two viſible Effects.

Had warmer Heads been liſtned to, had Reſentment been pre⯑vailing, had Provocations, almoſt beyond the power of Fleſh and Blood to bear, been prevailing,—and I muſt own, who was an Eye Witneſs to it all, that I often wondred how it was poſſible to bear ſuch things; I ſay, had the Gentlemen of Warmer Heads been liſtned to, nay even with ſtrong Reaſonings, and from Men of ſound Judgments too,—all had been undone, and the Nation had been in a Flame, we had been deſtroyed not delivered, the Government had been diſſolved, not United, and Britain had by this time been the Seat of Blood, not an United and proſpering Nation.

But this by the way, the Parliament being to meet, Her Majeſties high Commiſſioner haſtned down to Scotland, and the Queen on all Occaſions, expreſſing Her Hopes that this Treaty would come to a happy Iſſue.—It was generally expected it would be received with the ſame Chearfulneſs and Alacrity in Scotland, and all our Eyes were bent upon the Meeting of the Approaching Parliament.

[5] In this general Expectation, I cannot forbear hinting here, that my Curioſity preſt me to take a Journey thither, and being by all my Friends, to whom I communicated my Deſign, encouraged, to think I might be uſeful there to prompt a Work that I was fully convinced was for the general Good of the whole Iſland; and particularly neceſſary for the ſtrengthning the Proteſtant Intereſt, I was moved purely on theſe Accounts to undertake a long Winter, a Chargeable, and as it proved, a Hazardous Journey.—

I contemn, as not worth mentioning, the Suggeſtions of ſome People, of my being imployed thither, to carry on the In⯑tereſt of a Party.—I have never loved any Parties, but, with my utmoſt Zeal have ſincerely Eſpouſed the Great and Original Intereſt of this Nation, and of all Nations, I mean Truth and Liberty,—and who ever are of that Party, I deſire to be with them.

However, by this Journey, I had the Opportunity of Seeing and Hearing all the Particulars of the following Tranſactions, and of uſing my beſt Endeavours to Anſwer the many, many, and I muſt ſay of ſome of them, the moſt frivolous and ridiculous Objections, formed and improved there with great Induſtry, againſt every Article of the Union; and this is my Reaſon for mentioning it here, that I may acquaint Poſterity how I came to the Knowledge of what I Write, and for no Oſtentation at all: And as I had the Honour to be frequently ſent for into the ſeveral Committees of Parliament, which were appointed to ſtate ſome difficult Points relating to Equalities, Taxes, Prohibitions, &c. 'Tis for thoſe Gentlemen to ſay, whether I was uſeful or not, that's none of my Buſineſs here; but by this means I have the greater Aſſurance to relate the Circum⯑ſtances and Fact as it ſtood before them, and can not be afraid of being detected in any material Miſtake.

And as this is the Reaſon of my making any mention of my ſelf, ſo the Reader cannot but be content to know, from what Foundation this Relation is handed down to Poſterity, and what aſſurance he has that the Author he Reads was Capable of giving him a right ſtate of the Matter.

I have hinted already with what Freedom the Scriblers of the Age, if I may give them that Title, took upon them in the begin⯑ing of this Affair, to Determine what ſort of Union was proper to be Treated of, and every one having vented his Politicks this way and that way, as his Intereſt or Party, or particular Imployer Dictated, we thought that Storm had been over; when the Parliament firſt Sat down in Scotland, the generality of People ſeem'd very eaſy and forward for a Union in general, as what had long indeed been the deſire of the whole Nation; and therefore the ſtrange Alienation of the Humours of the People, on the general part of it, was the more Wonderful, and the more Unexpected: Of which, and its Cauſes, I am now to ſpeak; of the Effects I ſhall be more particular hereafter.

On the third of October the Parliament met, his Grace Her Majeſties High Commiſſioner opened the Seſſion according to the uſual Forms.

[6]Firſt Her Majeſties Letter to the Parliament was preſented to the Houſe by the High Commiſſioner, and being received, was Read by the Lord Clerk Regiſter, and is as follows.

ANNE R.
My Lords and Gentlemen,

SINCE your laſt Meeting, We did Nominat Commiſſioners to Treat of an Union betwixt Our two Kingdoms of Scot⯑land and England, and by their great Care and Diligence, a Treaty, is happily concluded and laid before Us.

We have called You together as ſoon as Our Affairs could Per⯑mit, That the Treaty may be under Your Conſideration, in Pur⯑ſuance of the Act made in the laſt Seſſion of Our Parliament there; and We hope the Terms will be acceptable to You.

The Union has been long Deſired by both Nations, and We ſhall Eſteem it as the greateſt Glory of Our Reign to have it now Perfected, being fully perſwaded, That it muſt prove the greateſt Happineſs of Our People.

An intire and perfect Union will be the ſolid Foundation of laſting Peace; It will ſecure Your Religion, Liberty and Proper⯑ty, remove the Animoſities amongſt Your Selves, and the Jea⯑louſies and Differences betwixt Our two Kingdoms: It muſt in⯑creaſe Your Strength, Riches and Trade, and by this Union the whole Iſland being joyned in Affection, and free from all Ap⯑prehenſion of different Intereſts, will be enabled to Reſiſt all its Enemies, ſupport the Proteſtant Intereſt every where, and main⯑tain the Liberties of Europe.

We do upon this Occaſion Renew the Aſſurances We have formerly given You, of Our Reſolution to maintain the Govern⯑ment of the Church, as by Law Eſtabliſhed in Scotland, and the Acts of both Parliaments, upon which this Treaty proceeded, having reſerved their reſpective Governments of the Church in each Kingdom; the Commiſſioners have left that Matter Entire; and you have now an Opportunity for doing what may be neceſſary for Security of Your preſent Church Government after the Union within the Limits of SCOTLAND.

The ſupport of our Government, and your Own Safety does Re⯑quire, That You do make neceſſary Proviſion for Maintaining the Forces, Ships and Gariſons, until the Parliament of Great-Britain ſhall provide for theſe Ends in the United King⯑dom.

We have made choice of our Right Truſtie, and Right Entirely Beloved Couſin and Counſellor, James Duke of Queensberry, to be Our Commiſſioner, and Repreſent Our Royal Perſon, being well ſatisfyed with his Fitneſs for that Truſt, from the Experience We have of his Capacity, Zeal and Fidelity to Our Service, and [7] the Good of his Countrey; which, as it has determined Us in the Choice, We doubt not but will make him acceptable to You.

We have fully Inſtructed him in all things We think may fall under Your Conſideration, and ſeems to be neceſſary at pre⯑ſent: Therefore We deſire that you may give entire Truſt and Credit to him.

My Lords and Gentlemen,

It cannot but be an Encouragement to You to Finiſh the Union at this Time, That GOD Almighty has bleſſed Our Arms, and thoſe of Our Allies with ſo great Succeſs, which gives Us the nearer Proſpect of a happy Peace, and with it You will have the full Poſſeſſion of all the Advantages of this Union; and You have no Reaſon to doubt but the Parliament of England will do what is neceſſary on their part, after the Readineſs they have ſhown to remove what might obſtruct the entering on the Treaty. We moſt earneſtly Recommend to You Calmneſs and Unanimity in this Great and Weighty Affair, That the Union may be brought to a happy Concluſion, being the only effectual Way to ſecure your preſent and future Happineſs, and to Diſappoint the Deſigns of Our and Your Enemies, who will doubtleſs on this Occaſion, uſe their outmoſt Endeavours to Prevent or Delay this Union, which muſt ſo much Contribute to our Glory, and the Happineſs of Our People; And ſo We bid You heartily Fare⯑well. Given at Our Court at Windſor Caſtle the thirty firſt Day of July 1706, and of Our Reign the Fifth Year.

By Her Majeſties Command. MAR.

This Letter having been twice Read, the Duke of Queensberry ſeconded the Queens Letter with the following Speech.

My Lords and Gentlemen,

HER Majeſty, by Her Gracious Letter, has acquainted You, That the Treaty of Union, between the King⯑doms of Scotland and England (purſuant to an Act made in your laſt Seſſion) has been happily agreed on, which is now in my Lord Regiſters Hands, ready to be laid before You.

The Lords Commiſſioners for this Kingdom, have been Dili⯑gent and Zealous in concerting Juſt and Reaſonable Terms; and, it muſt be acknowledged, We met with a very Fair and Friendly Diſpoſition in the Lords Commiſſioners on the other Part.

[8] The Treaty has, with all Humility, been preſented to the Queen, and was moſt Graciouſly received; and tho' no Reign was ever ſo truly Great, for Wiſe and Steady Councils, and ſo many Important Succeſſes, as that of Her Majeſty; yet, you ſee, She is pleaſed to Eſteem the Perfecting of this Union, as the greateſt Glory of Her Reign, being the moſt ſolid Founda⯑tion of a laſting Security to the Proteſtant Religion, and the Liberties of Europe, and of Peace and Happineſs to Her People.

Theſe Reaſons, I doubt not, will make the Treaty acceptable to You; And I perſwade my ſelf that you will proceed with ſuch Calmneſs and Impartiality, as the Weight of the Subject Requires, and as becomes ſo great an Aſſembly.

The Lords Commiſſioners for both Kingdoms were Limited in the Matter of Church Government; For the Security of Preſ⯑byterian Government in this Church, you have the Laws already made for its Eſtabliſhment, the Queens Repeated Aſſurances to preſerve it, and I am Impowered to Conſent to what may be further neceſſary after the Union.

Her Majeſty has been pleaſed to Recommend to You to make Proviſion for the Forces, Ships and Gariſons, which is very neceſſary, the Subſidies granted at Your laſt Meeting being run out; ſo, I doubt not, You will ſpeedily Renew them.

My Lords and Gentlemen,

I am not inſenſible of the Difficulties that attend the Weighty Character, it has pleaſed Her Majeſty to Honour me with, but with your favourable Aſſiſtance, (upon which I very much Rely) I hope, by my Zeal and Fidelity for Her Majeſties Service, and the Good of my Countrey, which are inſeparable, to Diſcharge my Duty on this extraordinary Occaſion.

And this was followed with another Speech by the Earl of Sea⯑field Lord Chancellor of Scotland, which I have alſo inſerted here, as follows

My Lords and Gentlemen,

IT hath been, and is the great Happineſs of this Nation, That the Queen Our Sovereign, hath always made it the chief Deſign of Her Reign, to protect Her Subjects, in the Enjoy⯑ment of all their Rights and Privileges, to Promove their Good, and to Eſtabliſh their Peace and Proſperity, upon ſure and laſting Foundations.

For theſe Ends, Her Majeſty, in Her moſt Gracious Letter, doth, with great Earneſtneſs, Recommend to You the Conclu⯑ding of the Union of the Two Kingdoms, and has plainly and [9] fully laid before You the great Advantages that this Union muſt bring with it to all BRITAIN, and in particular to this King⯑dom.

The Lords Commiſſioners Named by Her Majeſty for this Kingdom to Treat of this Union, have endeavoured to Diſ⯑charge this great Truſt, with all Fidelity, and have Agreed to ſuch Terms and Conditions, as, I hope, ſhall be found Juſt, Honourable and Advantageous: The Treaty has been already received very Graciouſly by Her Majeſty, and is now ready to be Reported to you for your Conſideration.

I do not think it proper at this time to deſcend into the particular Articles of the Treaty; I ſhall only beg leave to ſay in general, That it muſt be of great Advantage to have this whole Iſland Unite under one Government, and Conjoyned Intirely in Intereſt and Affection, having Equality of all Rights and Privileges, with a free Communication and Intercourſe of Trade, which muſt certainly Eſtabliſh Our Security, Augment Our Strength, and Increaſe Our Trade and Riches.

We can never expect a more favourable Juncture for Com⯑pleating this Union, than at preſent, when Her Majeſty has not only Recommended it, but Declared, That She will Eſteem it the greateſt Glory of Her Reign, to have it perfected; And when the Parliament of England has ſhown their Inclinations for it, by Removing all theſe Obſtacles that did ly in the way of the Treaty: And it muſt alſo be acknowledged, that the Lords Commiſſioners for England did Teſtify their good Diſpoſition all along in this Affair: And the Great and Glorious Succeſſes wherewith GOD has Bleſſed Her Majeſties Arms, and thoſe of Her Allies, give us the Hope of a Near and Advantageous Peace, whereby we will be put in the Poſſeſſion, and attain to the full Enjoyment of all the Liberties and Privileges of Trade, now offered by the Treaty.

The Commiſſioners of both Sides, have only Treated of ſuch Things as concern the Civil Government, Liberties, Privileges, Trade, and Taxes; but found themſelves Limited as to the Church-Government, that being Reſerved to each Kingdom by the reſpective Acts of Parliament, upon which the Treaty pro⯑ceeded: And you have now not only the Laws already made, with Her Majeſties moſt Gracious Repeated Aſſurances, for maintaining and continuing Presbyterian Church-Government within this Kingdom; But this further Opportunity of making ſuch Conditions and Proviſions, as ſhall be found Neceſſary for its Security, after the Concluſion of this Union, within the Li⯑mits of SCOTLAND.

Her Majeſty Recommends to You to provide the neceſſary Sup⯑plies for the Troops, Gariſons and Ships; The Funds formerly given are expired: And therefore I doubt not, but you will eaſily comply with what is ſo plainly Neceſſary for the Preſerva⯑tion of the publick Safety, and preventing the Deſigns of Ene⯑mies now in time of War.

[10] My Lords and Gentlemen,

Since We have now the Opportunity of Eſtabliſhing for Our Selves and Our Poſterity, by this Union with England, all that concerns Our Religion and Liberties, together with the moſt valuable Privileges of Trade; I am hopeful, that You will proceed to the Conſideration of the Articles of the Treaty, in ſuch manner as ſhall bring it to the deſired Concluſion, and it cannot but tend to the laſting Honour of this Seſſion of Parlia⯑ment, to have ſo happily finiſhed this moſt Important and Weigh⯑ty Matter.

I chooſe to place theſe Speeches here, rather than in the Appen⯑dix, becauſe they ſo immediatly relate to the Story, and to the Con⯑tinuance of the Thread of the Story, which now comes to be Diſ⯑courſed of, that I thought they could not be ſo properly Tranſpoſed.

I ſhall not enter here into the particular Vote of every Day, hav⯑ing Abſtracted thoſe things by way of Journal, in another part of the Work, with Notes upon them, drawn from my own Obſervation, and from the generous Aſſiſtance of many Honourable Gentlemen preſent in the very Occurrences of every Day, and of Impartial Un⯑byaſſed Judgment in the Affair it ſelf;—But one thing I muſt remark here, viz.

The firſt thing the Houſe did, after the Speeches above, was to call for the Treaty of the Union, as it was drawn up and ſigned by the Commiſſioners,—and having cauſed it to be Read in the Houſe.—Upon ſome general Debate, which laſted not long, it was Ordered to be Printed, and Copies to be Delivered to the Members of Parliament, which was accordingly done.

Till this very Day all things had gone on well, and the Peo⯑ple in general were very well pleaſed with the Thoughts of the Union—They had not yet had Subject for the Turbulent Spirits to work upon, and having in general only Diſcourſed upon the Advantages of both ſides, which were indeed in themſelves viſible enough,—the Clamorous Party which followed had not Concerted their Meaſures, from what Topicks to work upon the Humours of the People.

No ſooner then were the Articles Printed, and put into the Hands of the People,—but the Gentlemen, who ſet themſelves up againſt them, began to Preach upon the general Heads, as their Humour and Talent inſtructed them, in order to poſſeſs the People againſt the Particulars.

I cannot but diſtinguiſh here between the ſeveral parties that now oppoſed the Union: In my Obſervation there were Four ſeveral ſorts of People, who were againſt this Treaty, and who, either within Doors, or without, either in Parliament, in Commiſſion, or in Conver⯑ſation, joyned to Oppoſe, Clamour at, or Object againſt the Union; [11] and 'tis really neceſſary here to diſtinguiſh of them, that when I talk, as I ſhall have frequent Occaſion in the Proceſs of this Story, of the Oppoſers, and the Parties Oppoſing, it may, by the man⯑ner of their Oppoſing, be diſtinguiſht who is mean't; For I ſhall not name Perſons in my Diſcourſe of thoſe things, not think⯑ing it neceſſary to make this Hiſtory a Satyr upon any one Family, or Record to Poſterity the Steps they took in particular, or their Reaſons for it in this Affair.

Where particular Actions, more than ordinary publick, have di⯑ſtinguiſhed Perſons, that is their own Act and Deed, and lyes not at my Door; But to come to the Heads of Parties.

1. There was the profeſt Jacobite Party who Oppoſed the Treaty, purely on the Account of the Succeſſion, which they ſaw evidently was ſtruck at, and would be effectually fixt, contrary to their Prin⯑ciples, and Eternally Excluſive of the Family they Adhered to; And theſe Declared their Averſion to the Union, upon all Occaſi⯑ons, publickly and fairly, and, for ought I know, were ſome of the honeſteſt of the Enemies to the Treaty.

2. There was the Diffenters from the Church, or the Epiſcopal Party, theſe Oppoſed the Union alſo publickly, as it tended in its Conſequences, entirely to ſettle the Presbyterian Eſtabliſhment, for ever to fore-cloſe them, and bar the Door againſt all poſſibility of their Recovering the Government of the Church in the manner they deſired; Since they ſaw but too plainly, however blind others were to it, that this Treaty would ſo ſettle the Presbyterian Eſta⯑bliſhment in Scotland, and ſo fortify it by Law, that if ever they ſhould attempt to Recover the Hierarchy of Epiſcopacy here, even the very Epiſcopal Church, their own Brethren in England, would be obliged to Oppoſe and Suppreſs them.—And theſe, ſo far as they acted fairly, were honeſt and open Enemies alſo to the Union.

3. There was a miſtaken People, I hope I may ſay ſo much of my own Opinion without Offence, for truly I think them miſtaken, who, tho this Union was calculated entirely for their Safety, and tended to their indiſſoluble Eſtabliſhment, as by the Alarm of their Enemies was very viſibly demonſtrated, yet were drawn in by their Fears, and, I doubt, thoſe Fears too much inflam'd by the Policy and wick⯑ed Artifice of Whiſperers and diſguiſed Enemies, to Oppoſe the U⯑nion, as dangerous to the Church, and as interfereing with the ſe⯑veral publick Engagements the Nation had entered into.—Theſe, or moſt of them, were Honeſt, Well-meaning, and ſome of them moſt pious and valuable People; However ſome of them might ſin a⯑gainſt Moderation in the manner of their Diſſenting, and a little too warmly puſh on their private Opinions.

Of theſe People I ſhall be far from ſaying any thing ſevere, for indeed I cannot think any thing ill of them, I mean as to Inten⯑tional Evil. The Weakneſs any of them might diſcover in for⯑warding, countenancing, or giving a Name to the Diſorders of the Times, was rather the Artifice of a Party, who eneavoured to En⯑flame the Nation, and put the Appearance of it upon them, Writ⯑ing [12] their Names upon every Action, and Intituling every Tumult to their Protection.

But deſcending to particulars, we ſhall find; that however forward, and if their Enemies deſire it, I'll venture to ſay, Indiſcreet ſome of them might be, in diſcovering their Sentiments with Warmth in Converſation, yet upon all publick Occaſions their whole Oppoſiti⯑on of the Treaty was confin'd to legal Applications and peaceable Endeavours, the Tumult at Dumfries only excepted; For as to that of Glaſgow, it was wholly Jacobite, meer Rabble and Tumult of that Party, and the poor Blinded Commonality Deluded and Impoſed upon by them, contrary to the Opinions, and without the Aſſiſtance of the People I am ſpeaking of, as will appear hereaf⯑ter.

4. But laſtly, There was a Party, who Vigorouſly and Violently, by all manner of Artifice, Trick, and Underhand Dealing, Oppoſed this Union, meerly upon Politick Enigmas, Reaſons of Party, found⯑ed upon State Principles, Ambition, Emulation, Party-Pick, Pre⯑judices, and a vaſt variety of unhappy Conjunctions, as ſerv'd to Enflame and Agitate their Spirits againſt it.—And as theſe were many of them Gentlemen of the firſt Rank, and ſome of them other⯑wiſe even well enough Affected to both the Succeſſion, and to the Church; So I ſhall ſhow more Reſpect to their Perſons, than to Record them in a Caſe which I promiſe my ſelf, they will ſome time or other reckon it their Misfortune to have Oppoſed, and per⯑haps be as Zealous now its finiſhed to preſerve, as they were before it was finiſhed, to prevent.

Yet I muſt Confeſs, it was to theſe Gentlemen we owe the Amu⯑ſing the Nation with ſo many unhappy Prejudices, the Alarming them with ſuch ungrounded Apprehenſions, and the Embarking the Common People againſt it, meerly on the appearing of ſuch Men in it, on whoſe Judgments, and on whoſe Quality they had ſo much Dependence.

Theſe were the Fatal People againſt this Treaty, theſe ſtruggled within Doors and without, theſe brought to paſs that monſtrous Conjunction of Oppoſite and Diſcording Parties, and brought the Jacobites to cry out for the Succeſſion, the Epiſcopal People to want Security for the Presbyterian Church, the Tory to cry out, Breach of Covenant, and the well Minded Presbyterian ignorantly excite the People to a Rabble.

Theſe went about Preaching Oppoſition in every Shape, juſt as it ſuited the People they had to do with, they undertook to join Came⯑ronian and Perſecutor; Presbyterian and Papiſt; Proteſtant Succeſſion and Jacobitiſm; Parties as Oppoſite as the Elements, as Diſtant as the Poles; And theſe are the People I deſire to be underſtood of, when in this Book I talk in general of the Oppoſers of this Uni⯑on, I Name no Body, whoever the Coat fits, they are Welcome to wear it.

Having thus deſcribed the Parties, it would be endleſs to enter into their ſeveral Methods, by which they Concurr'd together, I do [13] not ſay Confederated, for that was Impracticable, their ſeveral Aims conſider'd; But all concurr'd nevertheleſs, to put the Manage⯑ment of this Affair into the following Confuſions.

Till the Printing of theſe Articles, as I have already noted, the People were generally very deſirous of the Union, as a thing which tended to the putting an end to all former Animoſities, bury⯑ing the ancient Feuds between the Nations, and removing the Ap⯑prehenſions good People on both ſides had juſtly entertain'd of a new Rupture, in caſe of the Queens Demiſe.

But no ſooner were theſe Articles printed and diſpers'd, but as if every Body had ſet themſelves to raiſe Objections, form Scruples, and find Faults in them, the whole Nation fell into a general kind of Labour, in Canvaſſing, Banding, and Cavilling at the Conditions.

1. The poor People were terrifyed with the Apprehenſions of inſupportable Taxes, Loſs of Imployment, Want of all Things, and large Payments upon their Salt and Malt.

They were again filled with ſtrange Stories of being ſold to the Engliſh; their Parliament, Crown, Scepter, and even their Name as a Nation to be loſt, and all carryed to England.

2. The Merchants were frighted with printed Schemes of Exceſ⯑ſive Cuſtoms and Impoſitions, and the ſtrangeſt Projects of Trade were ſpread about the Kingdom that ever were ſeen, which being gotten into the Heads of thoſe People, who yet, by their Concern in Trade, one would have thought, in common Charity, ſhould have known better, were ſo managed, that it is hardly poſſible to believe, ſuch prepoſterous Notions could prevail upon People, o⯑therwiſe Knowing enough; Such as, 1. The Profitableneſs of a Trade to France, tho all the Returns from thence was in periſhable Goods, ſuch as Wines, Brandy, and Trifles for Conſumption at Home.

2. The Unprofitableneſs of a Trade to England, whither their Export of Cattle and Linen, amounting to above Two Hundred Thouſand Pound Sterling per Annum, brought back very little but ready Money.

Thoſe were ſtrange things, but ſo popularly puſh'd on, that they amuſed the whole Nation, and the poor People were told, the Uni⯑on would beggar the Country, and ſtarve the Nation; And this talk'd up to an Extravagant Height, made the poor perfectly di⯑ſtracted.—Taxes were calculated, without allowing for the Ad⯑vantages of the Cuſtoms, in other Caſes taken off, without conſide⯑ring the Taxes on Malt and Salt were remote, and probable never to be laid, without conſidering Proportions, Equalities, and the Reaſons, Nature, or Neceſſity of things, that the poor People were Exaſperated to the higheſt Degree, and fill'd with Apprehenſions, that they ſhould have neither Food to eat, nor Beer to drink, that they were juſt to be ſacrificed to the Engliſh, be ſubdued, ruin'd and deſtroy'd.

3. Thoſe Articles, which left ſome things Contingent to the Par⯑liamentary Juriſdiction, were improved to perſwade the People, that [14] all their Laws, Liberties, Eſtates, and whatever was near and dear to them, was left intirely to the Determination and abſolute Diſ⯑poſal of the Britiſh Parliament; In which, they being to have but a ſmall Repreſentation, ſuppoſing their own Members to be always Unbyaſs'd and Impartial, they ſhould always be Over-ruled, Out⯑voted, Oppreſs'd and Subjected: To talk to them, in this Caſe, of the Words Ʋnalterable and Perpetual, was to ſay nothing; To ſay, the Britiſh Parliament could make no Alterations, was to ſay nothing. Theſe things had ſo filled the Heads of the People, that nothing could pacify them.

4. But above all this, and which was yet moſt unhappy, as it tended to an univerſal Alarm, and to Embark a great many Sober and well Affected People againſt it, it was carefully repreſented to be Dangerous to the Church Government, That all the Eſtabliſh⯑ment would be ſubjected to a Vote of Parliament, and a Parliament, where the Prelates had a Voice againſt them; that if the Biſhops ſhould pleaſe to Vote Epiſcopacy into Scotland, they getting a Majo⯑rity in the Parliament, it would be done; that the Church would be ruin'd; that if ſhe obtain'd a Tolleration, it was the moſt that could be expected in this Caſe, and that was precarious and uncer⯑tain, and what they muſt come a begging to the Biſhops for. This made an unſpeakable Diſorder in the Minds of the People, and all the Methods taken to convince them, that the Parliament could not encroach upon the Church, or any ways concern themſelves about it, were to no purpoſe; they declared the Act of Security to be inſufficient, railed at the Scots Parliaments conſenting in blank to the Eſtabliſh⯑ment of the Church of England, and inveighed againſt a Tolleration of Epiſcopacy here, which they ſaid would be the Conſequence.

5. And laſt of all came an Univerſal Cry, that this was a plain Breach of the National Covenant and Solemn League, by which the Nation had bound themſelves by Oath to GOD Almighty, among other things, to endeavour the pulling down the Epiſcopal Hierar⯑chy, and to Reform, to the utmoſt of their Power, the Church of England alſo.—All theſe things were not only brought as Argu⯑ments, but puſh'd with ſo much Heat, ſo much want of Charity and Courteſy, that really it began to break all good Neighbourhood, it ſowred all Societies, and the National Quarrel broke into Families, who were ever jangling, divided, and oppoſite one among another.—Nor was there any offering the Expoſitions, no not of their own Di⯑vines, who had declared, that the Obligations of the Covenant intitul⯑ed them to no other Endeavour of Reforming the Church of England, but ſuch as conſiſted in Prayers, Exhortations, Chriſtian Arguments and Examples, Vide Doctor Rule's Vindication of the Church of Scot⯑land, P. 16. However there was no talking to the People at this Time, nothing but Patience and Time could be expected to remedy it.

In this Juncture, and if poſſible to compleat the Diſtracti⯑ons of the People, one Gentleman, by Name Mr. Hodges, and who had formerly been ſuppoſed to write for the Common Good of Scot⯑land, and was rewarded for it by Parliament, by what Fate, Party, [15] Paſſion or Prejudice, remains to this day a Doubt,—writes a large Book againſt an Incorporate Union; In which he abuſes and reproaches England, as a Faithleſs, Wicked, Treacherous and Abo⯑minable Nation, and that to Unite with her, was to Entail GODs Judgment on Scotland for her National Sins. A ſad Inſtance of the Temper of theſe Times.

In this Book he ſets down Two and Thirty Interfereing Intereſts between the Nations, which he pretends 'tis impoſſible to re⯑concile: 'Tis writ with Infinite Scandal and Falſity; and among the reſt, and as a Teſt of the Sincerity of the Party, he affirms theſe palpable Untruths.

This is not a place to confute theſe things, they did not want their Anſwer in their Seaſon, and the People in time did be⯑gin to ſee their Error, and how this Author had, by manifeſt For⯑gery, impoſed upon them.—But ſtill this did the Miſchief it was calculated for, before any Anſwer could take place; for this Book was eagerly eſpouſed by the Party, and there was no room to que⯑ſtion it was writ at their private Appointment: It was induſtriouſly ſpread over all the Kingdom in a few days, and no Body of any Con⯑ſideration but had a ſight of it; nay, it was handed about among the poor People, to ſtir them up and enflame them, and it had all the Suc⯑ceſs the wickedeſt Creature could wiſh for; It confounded and amaz⯑ed the People, the dark Side of every thing was ſhown them, and the true Senſe of things concealed, and who can but think the People thus abuſed ſhould run out into Extravagancies.

It is not ſo much, that a Book fraught with Abſurdities, Falſi⯑ties and Contradictions, merits a Note in this Work: But I think 'tis abſolutely neceſſary, to ſhew where the general Diſaffection at the Union began, ſince it was manifeſt, that, till this time, the People were, in general, very well ſatisfyed, and the Proſpect of an Union was very grateful to them.

It cannot but be ſome Satisfaction to all thoſe who have heartily eſpouſed this Union, that the Oppoſition had ſuch a beginning; that its Foundation was laid in the Party-Prejudices of a few, whoſe Refuge and Support was the meer Aſſiſtance of Falſities and unpa⯑rallel'd Forgeries, by which the poor ignorant People were amuſed, impoſed upon, and led blindly on, even to the Brink of their own Deſtruction; from whence, th [...] the good Providence of GOD reſ⯑cued them, yet they were ſo poſſeſs'd, that they flew in the Face of every Body that attempted to open their Eyes, and inſulted their Deliverers.

[16] It was at leaſt a Fortnight, that the Heats of the People, on Ac⯑count of theſe Articles, continued, before they produced any extra⯑vagant Effects, and this time was generally ſpent in the Parliament, in reading over, diſcourſing upon, and preparing to Debate the Articles.

For it may be noted, as will appear by the Minuts, that the Ar⯑ticles were read over one by one in the Houſe, before the main read⯑ing of them, and the Members were admitted to ſpeak freely their Opinions on every Head, but to put nothing to the Vote.

During this Work, which was from the third of October to the firſt of November, the Ferment increaſed, and the whole Kingdom ſeemed to be in a Diſorder, ſome Accounts of which may be very proper here.

There had always been a ſtrong Oppoition in this Country to the preſent Settlement, both Eccleſiaſtical and Civil, and the Revo⯑lution was not eſtabliſh'd without a Civil War, which, tho it was but ſhort, came to a Deciſive Battel, which had this particular ſeeming Contradiction in it, that the Kings Army loſt the Battel, and got the Victory.

The Viſcount of Dundee, formerly Graham of Claverhouſe, headed the Malecontent Party, the Kings Forces were routed, but Dundee, unhappily for his Party, was found among the Slain: His Victo⯑rious Party, by his Death, not only loſt the Advantage of their Victory, but having loſt the Chief of their Army, they ſoon diſperſed for want of a Head, and the preſent Eſtabliſhment prevailed.

But ſtill they left the North Highlands full of Diſaffection to the preſent Government, never ſubmitting, but, as it were, by meer Force, even to this Day.

All the Remains of this Party, called particularly the Jacobite, were unanimouſly againſt the Union, as they were againſt the Suc⯑ceſſon.

2. The Epiſcopal Party were againſt it as before, becauſe they fore⯑ſaw, that the Presbyterian Church would ſtrengthen their Settlement, by the Addition of England, who by this Treaty, would on all Occaſions, be obliged to ſupport and defeud them, and ſo the Party would of Courſe be finally excluded.

Theſe two Parties ſaw themſelves abandoned by thoſe who for⯑merly oppoſed the Succeſſion on different Reaſons, and that thoſe Gentlemen had fallen into the Union, as is before hinted; And tho I will not ſay, that they and the Papiſts and Jacobite Party were all in an Intereſt before, yet it was manifeſt they fell in together now, unanimouſly to oppoſe the Union.

What Oppoſition they had formerly made was under Hand, partly by Solicitation of Friends, and Claſhing of Parties; they al⯑ways look'd on it as a thing remote and impracticable, and a thing which the conſtant Jarrs, they induſtriouſly promoted among the People, and particularly the National Antipathy would always prevent.

[17] But when, contrary to their Expectation, they found, That the Union was brought to a Head in England; That the Court puſh'd heartily to bring it to a Concluſion; and to their great Surpriſe found the ſeveral Oppoſing Parties joyn'd together; and that every one, from what different Proſpects ſoever, concurr'd in the Union, and ſeem'd to make their Court to the Times on the Foot of the Zeal they ſhould ſhow for this new Proſpect of Settlement.

This exceedingly alarm'd them; and they found, That now or never was the time to oppoſe it; That if it obtain'd now upon the Humour of the People, it was certain to be finiſhed, and they and their Cauſe effectually fore-cloſed, from all Hopes of ever retrieving their Intereſt.

No ſooner therefore was the Parliament met, and the Eyes of al the Nation fix'd upon the Event of this great Affair, but all the Engines of the ſeveral Parties were ſet to Work: Some to Expoſe, ſome to Defend both the Proceedings that were already perfected in England, and thoſe that were now entring upon.

Innumerable Pamphlets were printed and diſpers'd over the whole Kingdom; and induſtriouſly Harrangu'd upon by the Engines of the reſpective Parties, as their Intereſts led them.

The next Step was to find out popular Arguments to gratify the Humours of the ſeveral Orders or Diviſions of the People; and to alarm them with thoſe things in particular, which their ſeveral Tempers, Parties, or Deſigns led them moſt to apprehend.

Thus they ſpread all poſſible Scandals and Satyrs againſt the Trea⯑ty in general, as well in Print as in Diſcourſe.

As that it was Diſhonourable to Scotland; Surrendering her Sove⯑reignity and Conſtitution, Subjecting her to her Ancient and Im⯑placable Enemies.—That it was Depreſſing the Honour and Dig⯑nity of a Kingdom, that had Defended her Liberty againſt England with ſuch Gallantry and Bravery, for ſo many Hundred Years, as if ſhe was leſs able to Fight now than ever, her Sons leſs Bold, her Gentry leſs Daring, or leſs willing to Die for their Country; That now they were to be Slaves, and muſt run to Weſtminſter to Vote with a Handful of Members, who would never be able to carry a Queſtion, or to make any Weight there, but juſt for Forms ſake ſit in the Houſe, and be laugh'd at.

That the Figure Scotland would make in the Britiſh Parliament, would not be like a Kingdom, but like a Province; That one County in England. viz. of Cornwall ſent up as many Members, one ex⯑cepted, as the whole Kingdom; and that this was an Eternal Badge of their Subjection, and the like.

This was a general Cry, and began to be very popular: The Peo⯑ple cryed out they were Scots Men, and they would be Scots Men ſtill; They contemn'd the Name of Britains, fit for the Welſh Men, who were made the Scoff of the Engliſh after they had reduc'd them.—Scotland had always had a Name and a Fame in Forreign Courts; They were Naturalized in France, Enjoy'd for many Years great Pri⯑vileges there, and Honours bought with the Blood of their Anceſtors; [18] and they would never give away their Birthright, tho ſome of their Nation had been driving a Bargain for themſelves, at the Price of Selling their Country.—Thus they fill'd the Mouths of the common People, who would go about the Street crying, No Union, and call the Treaters Traitors, and ſoon after began to threaten them openly to their Faces.

The Succeſs the Party obtain'd here to incenſe the common People was too much, not to encourage them to proceed; And the next Step was, to infuſe like Prejudices into the Heads of the ſeveral Par⯑ties and Perſwaſions of People. And this was divided into two.

I will not poſitively aſſert, that this was a meer Jacobite Chime⯑ra, or had its pure Original in Plot and Deſign; The Fears and Ap⯑prehenſions of Honeſt People might at firſt lead them a great way in that Caſe: But I believe no Body will take Offence if I ſay thoſe Fears and Apprehenſions were ſoon made a Handle by this Party, who ſat ready to take all Occaſions, and they immediatly raiſed a Cry; That the Church was betray'd; That Epiſcopacy was coming in upon them; That in the Britiſh Parliament they ſhould be ſubjected to the Plurality of Voices, in which the Engliſh Biſhops, beſide their Influence on the Nobility and Gentry, had alſo their own Voices: And that, if the Union ever went forward, they ſhould be certainly ſuppreſſed by the Prelates, and reduced to a Tolleration at beſt, if perhaps that ſhould be obtained.

I cannot be cenſur'd by any Body, in this Concluſion of mine, if it be remembred, what ſtrange Advocats the Church had at this Time,—when thoſe that never came to the Church, never owned the Juriſdiction of the Church; but on the contrary, were always known to maltreat her, reject her Eſtabliſhment, and never joyned with her, either in Doctrine or Diſcipline, Worſhip or Government, went up and down, Exclaiming at the Deſigns of the Engliſh Biſhops, to overthrow the Eſtabliſhed Church.

Nor will it be remote to the purpoſe to obſerve, that when the Act for the Security of the Church came to be Debated in Parliament, thoſe very Gentlemen appear'd Zealous to obtain larger Condi⯑tions, and Voted the Overture inſufficient for the Churches Safety, who were never ſuppoſed to owe the Church ſo much good Will or ever before were obſerved to make her Security any part of their Con⯑cern: Nay, nor were ever known ſo much as to joyn with the Church, owne her Diſcipline, or call themſelves Members.—But this ceaſed to be a Myſtery, when ſome of thoſe Gentlemen honeſtly de⯑clared, this was only done to ſtrengthen their Intereſt againſt the U⯑nion, and openly began to draw their Arguments into a Chain of Succeſſive Neceſſities; That, from the very Papiſt to the Jacobite, the Prelatiſt, the Presbyterian, the Cameronian, every one might find Reaſons to Act together againſt the Union, as a Common and a National Evil. But of this I ſhall find Occaſion to ſpeak again preſently.

[19] The early ſpreading theſe Prejudices had but too much Succeſs; the Party applyed themſelves, as they found it ſuit the Genius and Tempers of the People.

To ſome it was Fatal to the Church, and they would be ſubject⯑ed to Prelacy, and the Plurality of Votes in the Britiſh Parliament.

To others it was Dangerous to the State, and the Independency, Honour and Sovereignity of the Kingdom was betray'd and given up.

Nay to the very Children and moſt ignorant People, they had their Arguments; ſuch as, That the Honours, as they call them, the Crown of Scotland, Sword and Scepter, ſhould be carryed away to England; And the Boys and Mob were invited by a great Perſon, in a Melancholly Tone, to go in and ſee the Ancient Crown of Scotland, for that it would ſoon be carryed away, and they might never ſee it any more.

To others they had a more ſubtil Argument; which tho it was perhaps begun among thoſe that had no ill in their Deſign, as is ſaid of the firſt, yet they carefully improved this, as they did all other things, to the general Confuſion of the Times: And this was a Notion, that it was abſolutely againſt the National Cove⯑nant, in which the People had Sworn to two Things, which this Treaty directly would contraveen and render impoſſible.

The ſtarting theſe two things had two fatal Proſpects; which indeed, had they not been both over-ruled by that Secret Hand, which had ſingularly appeared in the carrying this Treaty on thro' ſo many ſeemingly inſuperable Difficulties, might have involved both Nations in Confuſion.

From the firſt of theſe, they pretended to be bound to preſerve the State in its immediate ſeparate Condition; as if Confederating with, and Joyning to a more powerful Nation, on Terms Honourable, and tending to ſupport the Sovereignity and Power of the whole, was not conſiſting with that part of the Covenant; which could no otherwiſe be underſtood there, than to ſignify the Supporting and Defending the Conſtitution of Scotland, as it was or ſhould be legal⯑ly Eſtabliſh'd.

As to the other Suggeſtion, it was effectually Anſwer'd by one of the moſt Learned Divines of the Church of Scotland, Doctor Rule; where he Explains the Meaning of the Covenant to be in that Caſe, no Attempt by Force to reduce the Church of England, &c. but what we are bound to by the Covenant, is not to Reform them, but to Concur with them, when lawfully called, to Advance Reformation either there, or any where elſe: And it is far from our Thoughts to go beyond that Boundary, Vindication of the Church of Scotland, Pag. 16.

But this Clamour had another Effect, which might have been as Fatal in its Conſequence, had not the Scene of Affairs been very [20] much changed in England: For this very Pretence, which the E⯑piſcopal Party prompted as much as in them lay here, and drew a⯑bundance of Good and Well meaning People into, in Scotland, as an Objection againſt the Union, they immediately turned upon them in England, and ſet ſome of the Church of England Clergy, eſpe⯑cially thoſe warm Gentlemen who were againſt the Union; They ſet them, I ſay, upon raiſing of the old Alarm again, of the Danger of the Church, ariſing from the Union; even from this very Argument, that the Presbyterians in Scotland were Sworn by the Covenant, to do their utmoſt to pull down Epiſcopacy in England.

I ſhall, as little as poſſible, concern this Hiſtory with Debates of any of our Party Quarrels; but the Contradiction which theſe Peo⯑ple fell into, was remarkable; and could it have been conſidered, might have very much Expoſed them.

For if it was true, that the Church of Scotland had Sworn to De⯑throne Epiſcopacy; and that the Presbyterians were againſt the Uni⯑on, becauſe it would deprive them of that Power, and for ever ty their Hands from that Work,—Then they were but ill Friends to the Church of England among her own Clergy, who were for that Reaſon againſt the Union.—And it was an Argument of the ſtrongeſt Nature to prove, that the Church of England ſhould have been with all her Heart for the Union, if ſhe had the leaſt Know⯑ledge of her own Intereſt.

It is plain from Doctor Rule, that the Obligation of the Cove⯑nant extended no further, than to oblige them to concur with Eng⯑land, when lawfully called to a General Reformation.

But the Party in England run theſe things a great deal higher, and plyed the warm Addreſſes of the People; and eſpecially one of the Cameronians, and of their Leader Mr. John Hepburn, againſt the Uni⯑on; calling what thoſe weak People put into their Addreſſes, the Act and Deed of the whole Presbyterian Church of Scotland: When 'tis known, Firſt, That Mr. Hepburn's Addreſs had but ſeven Hands to it. 2. Thoſe People, tho in other things many of them are good People, yet do neither owne the Church nor the State; neither the Civil Government nor the Eccleſiaſtick. Of which I ſhall be larger hereafter.

By theſe Artifices 'tis hardly credible, what Averſions they raiſed in the People againſt the Union in general, even before the Articles were made publick, or at all Debated in the Houſe.

But when the Articles were printed, and every one began to read Lectures upon them, according as their ſeveral Fancies guided them, or their Intereſt ſeem'd to claſh with them, I want Words to expreſs what a Clamour was raiſed on all Hands, and what Feuds began to appear in every Corner of the Nation.

Parties and People, whoſe Intereſts and Principles differed as much as Light and Darkneſs; who were as contrary in Opinion, and as far aſunder in every thing, as the Poles, ſeemed to draw together here.—'Twas the moſt monſtrous Sight in the World, to ſee the Jacobite and the Presbyterian, the perſecuting Prelatic Non-juror and [21] the Cameronian, the Papiſt and the Reformed Proteſtant, Parle toge⯑ther, Joyn Intereſt, and Concert Meaſures together.

To ſee the Jacobites at Glaſgow Huzzaing the Mob, and Encou⯑raging them to have a Care of the Church; The High-flying Epiſ⯑copal Diſſenter crying out, the Overture was not a ſufficient Securi⯑ty for the Church.

Such Convulſions as theſe Agitated the whole Kingdom; And it was the Unaccountableſt Thing that ever was known, to find a Nation, That, but a few Months before, were earneſtly crying out for an Union, and the nearer the better; and that were fully con⯑vinc'd of the Neceſſity they had of this Union, now fly in the Face of their Maſters, and upbraid the Gentlemen, who managed it, with Selling and Betraying their Country, and Surrendering their Conſtitution, Sovereignity and Independency to the Engliſh.

And ſuch was the Clamour againſt the Treaters, that I verily be⯑lieve, and I aſſure you, I do not give my private Opinion in it,—had the Articles of the Treaty been publiſhed before the Treaters came home; and the Feuds been the ſame againſt them as were af⯑terwards, there was not many of them would dared to have gone home, without a Guard to protect them.

The Merchants, the Burghs, the Country People, all cryed out of Oppreſſion, and of Ruine and Deſtruction in Trade.—And yet, the Amendments that were offered by that Party to the Articles, in the Time of their Debate, were ſo ſmall and ſo trifling, tho they had a free Debate on every Head, that their own Friends cry⯑ed out upon them, for demanding ſo little; and uſed this as an Ar⯑gument againſt them afterwards, that they might have had more, if they had asked it.

Nor is it to be forgotten, that thoſe very Gentlemen, who raiſed moſt Noiſe at the General of the Treaty, had leaſt to ſay to the Particulars; had feweſt Objections to make, and leaſt of all con⯑cern'd themſelves in the Amendments.—The Reaſon was plain, the Deſign was not to Amend the Treaty, but to Deſtroy it; They were not Sollicitous to have a good Treaty, but to have no Treaty; The Drift was to Confound it with Infinite Objections, and to Cla⯑mour the People out of their Wits, that they might, if poſſible, Clamour the Parliament out of the Houſe: And of this, ſuch evi⯑dent Proofs will appear in the Proceſs of this Story, as no Body, I believe, will make any Doubt, but that there is Reaſon for ſuch an Objection.

The Parliament was now met, and the Party who oppoſed the Treaty diligently, made up their greateſt Strength within Doors in order to it.—I will not ſay, that ſeveral took the Oath of Par⯑liament, on purpoſe to be able to do Service againſt it, who never took the ſaid Oath before,—but I know it was ſo underſtood of ſeveral Gentlemen,—and they were reported to be adviſed by their Friends to do ſo.

The firſt Step they took without Doors, for the Matters within Door, I refer to the Abſtract I ſhall make of the Minuts in the end of [22] this Work: But the firſt Step they took without Doors, as to Par⯑ticulars, was to ſet on Foot a Notion, that the Members of Parlia⯑ment had no Right to alter the Conſtitution, without the particular Conſent of their Conſtituents; And that therefore the Parliament ought to have an Adjournment for ſome time, that the Members might go down into the ſeveral and reſpective Countries, which they Repreſented, and know the Mind of their Conſtituents.

And tho, this ſeem'd to be many ways confuted by Strength of Ar⯑gument; wherein it was alledged, that this was not an Altering or Giving up the Conſtitution; And therefore, ſuppoſe it were true, that the Members were not impowered to Act, without the Conſent of their Conſtituents, in Giving up the Conſtitution, yet this did not reach here.

2. It was alledged, that this Parliament was Summoned by Her Majeſty, with an expreſs Signification in the Proclamation, that it was to Treat of, Conſult about, and Conclude an Union with Eng⯑land; And being ſent up, for that declared purpoſe, by their Con⯑ſtituents, there remain'd no Occaſion to demand any further, or other Inſtructions from them; but they became Plenipotentiaries from that particular Circumſtance.

3. That, by the Conſtitution, it was not required, that the Con⯑ſtituents ſhould be conſulted on any ſuch Occaſion; That the Con⯑vention of Eſtates Tranſpoſed the Crown, Altered the Succeſſion, and Settled the Revolution; which, in all Circumſtances, was as Eſſential to the Conſtitution as this; and that they never Conſult⯑ed their Conſtituents in that Caſe at all; nor did the Oppoſers of the Revolution demand it; but Proteſted, and went out of the Houſe.

And, in this Caſe, their Champion Mr. Hodges alſo was againſt them, who owned, that their Commiſſioners to the Parliament had full Power to Act for them in this Caſe.

However, As things began to run very high, and the People, prompted by theſe Popular Arguments, Aſſum'd every thing they thought fit to call their Right; ſeveral Burghs wrote Letters to their Repreſentatives, in their own Names, and by their own Authori⯑ties, Requiring them not to give their Votes, or Aſſents to an In⯑corporating Union;—Or, in ſhort, not to the Union as now coming on, in the Terms of the Treaty.

But this was not all; For, finding that this was not much regard⯑ded by the Members; and that Precedents in like Caſes, would not ſupport the Practice; They turn'd their private Letters into Pub⯑lick Addreſſes, and thoſe introduc'd Mobs, Tumults, Inſultings of Magiſtrates, Flight of Gentlemen from their Houſes, and all man⯑ner of Popular Diſorders; Till, at laſt, it came to downright In⯑ſurrection and Rebellion: Which, had not Circumſtances, and the Seaſon particularly prevented, had riſen up to Blood, Civil War, and all the Terrible Conſequences of an Inrag'd and Divided Nati⯑on, as ſhall more at large be related in its Courſe.

[23] But to return to the Party who oppoſed the Treaty; at firſt they ſtrove to carry on their Oppoſition by wiſer Methods; and, by their Force of Arguments, to poſſeſs the Peoples Minds with ſuch Aver⯑ſions, as might convince the Parliament, they were Acting againſt the general Current of the Nation.

And having not at firſt appear'd againſt the thing in general, it behoved them to deſcend to particular Objections; For, to ſay, they would have no Union at all, would have been Impolitick, and have formed too great a Party againſt them: It was neceſſary therefore, to form themſelves into a Body of Objectors, that had ſome Reaſon on their Side, and could deſcend to Particulars to en⯑force their Opinion.

Nor could they, in good Manners to the Queen, object againſt an Union in general, who, in Her Letters to the Parliament, had ſo earneſtly recommended, upon all Occaſions, the Union of Her People, as what Her Majeſty eſteem'd ſo much for their mutual Good; That ſhe would count it Her ſingular Happineſs, to have it compleated in Her Reign: On this Score, I ſay, ſhould they have rejected all manner of Union, or Treaty of Union, it would have been ſo directly flying in the Face of the Queens Recommendation, that it would have not only appeared rude, but have loſt them a conſiderable Party, whoſe Aſſiſtance they found very great Occaſion for.

This brought all the ſeveral Parties, who were againſt the Treaty, as well thoſe that were againſt it, on the Account of the Succeſſion, as thoſe that were againſt it in general, to fall in with thoſe, who on⯑ly objected againſt the Circumſtances of it; I mean, the Conditions, and Stipulations publiſhed in the Articles.

Thus the great Variety of Objectors, to make themſelves perfect⯑ly Formidable, however different in Notion or Deſign, made up one Body; and turn'd their Arguments from being pointed againſt the Union in general, to be pointed againſt the Terms of it, An Incorporating Ʋnion.

This brought them back to the ſeveral Schemes of Forreign Uni⯑ons of Nations, ſuch as Switzerland, the Ʋnited Provinces, and the like: And ſome propoſed one thing, ſome another, not foreſeeing, that, had even any of their Propoſals come to have been the real Treaty; yet this Party, who were againſt the Union as ſuch, would have been as much againſt that, as they were againſt this; and ſo at laſt they muſt have divided, broke their Intereſt, and loſt the whole, which was the main thing aim'd at.

And thus now ſtood the Debate.—No Incorporating Ʋnion was the Word,—Let us have an Ʋnion with England with all our Hearts,—but no Incorporation; Let us keep our Parliament, keep our Sovereignity, keep our Independency, keep our Conſtitution, and for all the reſt, we are ready to Ʋnite with you, as firmly as you can De⯑viſe.

This was thought, by moſt, to be juſt reviving the former Notions of a Federal Union,—with ſo many inconſiſtent Noun-Subſtan⯑tives [24] in their Government, that had upon all Occaſions been found Impracticable; and which would ſo intirely have left both Na⯑tions Expoſed to the Poſſibility of a Relapſing into a divided Con⯑dition, that it could not be expected, England, whoſe Conſiderations for Ʋniting, were Peace, Strength, and ſhutting a back Door of conti⯑nual War, and Confuſion from the North, ſhould communicate Trade, Freedom of Cuſtoms in all her Ports, and Plantations, with the Egreſs and Regreſs of Manufactures, &c. and leave the main things yet precarious and uncertain.

It would be endleſs to trouble the Reader here with the Argu⯑ments on both ſides,—which came reſolved at laſt to this ſhort Head.

In the beginning of the Treaty at London, the Engliſh Commiſ⯑ſioners had refuſed to Treat, but upon an intire and Incorporating Union,—and had given ſuch Reaſons, why all other Propo⯑ſals, would not only be inſufficient, but impracticable; That the Scots Commiſſioners were convinc'd of it, and ſatisfyed to enter up⯑on a Treaty of an intire Union, as the only way to eſtabliſh the laſting Peace and Proſperity of both Nations.

To talk then of a Federal Union at this time, ſeem'd only to put the Queſtion, whether the Parliament ſhould take the Articles into Conſideration, or no.—And this run all the Oppoſers back to the Schemes of thoſe, that were againſt the Union in general, and by this they loſt Ground; For tho they made a ſtrong Oppoſition againſt the very Reading the Articles at all, and would gladly have rejected them in the Groſs; yet there ſeveral of their Friends left them, and ſo they loſt the firſt Queſtion, Whether the Articles ſhould be read, which was carryed in the Affirmative October 3d, the firſt Day of the Meeting of the Parliament, as will appear by the Mi⯑nutes.

This was the firſt Strait they were brought to; And therefore, to back theſe two Principles, they ſet to Work to procure a Throng of Addreſſes from the ſeveral Towns,—and which 'tis viſible they attempted to back with Force, to awe the Parliament into a Com⯑plyance, as will hereafter appear.

Moſt of theſe Addreſſes were worded to the ſame purpoſe, and in Subſtance contain'd a Claim of the Conſtituents Right, to limit and inſtruct their Commiſſioners,—and a Direction to avoid an Incorporating Union; Some of them were decently prefac'd with Expreſſions of Courteſy to England, and Willingneſs to Confede⯑rate, or Unite with them on other Terms; but Proteſted againſt an Incorporation of Government, as contrary to their Liberties, and deſtructive to their Sovereignity and Independency, the Glory of their Anceſtors, the Honour of the Ancient Kingdom, and a great many ſuch plauſible Allegations, in order to make the Ground of their Addreſſing ſeem the more Specious, and to pleaſe the People: Others leſs Courteous, ſpoke higher Words and rougher Language, talk'd of their Defending their Conſtitution againſt the Invaſion of Strangers, reflected on their Treaters, and their being wheedled and [25] drawn in to give up their Country, their Liberties, &c. We ſhall come to them preſently.

As the Parliament was now ſitting, ſo was the Commiſſion,—this is a Deputation from the General Aſſembly, being a certain Number of Miniſters, Impowered by an Act of the Aſſembly, to meet in the Intervals of their Seſſion, to take Care of the Affairs of the Church.

The Tranſactions within the Parliament, I refer to the Abſtract of the Minutes, with Obſervations immediately following this Ac⯑count. Folio (left blank) But that this Account, which contains things done without Doors, may run Hand in Hand with the ſaid Abſtract, it is neceſſary to give an Account what was Tranſacting in the Commiſſion at the ſame time, at leaſt ſo far as it relates to the preſent Affair.

It is obſerv'd in the Minutes of the 12th of October, that a Moti⯑on was made in Parliament for a Publick Faſt; which, however, was oppoſed by thoſe, that ſome thought, had more Inclination to the Work of a Publick Faſt, than thoſe that propoſed it; How⯑ever, as the Commiſſion had been ſeveral days met, the Gentlemen in Parliament, who were againſt the having a Publick Faſt appoint⯑ed by Parliament, ſeemed to refer it to the Commiſſion.

It was indeed oppoſed in the Commiſſion of the Aſſembly, for the ſame Reaſons that it was in Parliament, viz. Not for any Diſlike of Faſting and Praying, but to prevent the Alarming and Amuſing the People, which was the principal Work on Foot at that Time; However, not to neglect the Work, or be found op⯑poſing ſuch a thing, as Praying to GOD, on whatſoever Account; It was moved in the Commiſſion, That they ſhould ſet apart a Time for themſelves to Faſt and Pray, as Miniſters aſſembled on ſo great an Occaſion;) and that a Circular Letter ſhould be ſent to the ſeveral Presbyteries, to do the ſame in their ſeveral Diſtricts.

The Act of the Commiſſion, for this Day of Prayer, neither Con⯑fin'd them to a Day, or preſcrib'd the Manner;) The Act it ſelf is to be found in the Appendix, N A x, as Copied from the Original in the Regiſter.

There had been ſtrong Rumours ſpread abroad, That the Com⯑miſſion would not Act, in this Caſe, without the General Aſſembly; but that they ſhould Proteſt againſt the Union's being Concluded, till a General Aſſembly was Called; and Addreſs the Parliament to Adjourn the Debate of it, till the Aſſembly ſhould meet, which was not to be till April.—Or, that the Lords of Her Majeſties Council ſhould procure from Her Majeſty, that the Aſſembly might be Cal⯑led ſooner.

But, as this was the Contrivance of a Party, only to gain Time; and of a piece with the Delays offered at in the Houſe, at the ſame time; ſo it met with no Incouragement in the Commiſſion: Not, but that there was too ſtrong a Party willing to have Befriended it, at that time, even in the Commiſſion it ſelf.

[26] However, a very Moderate and well Temper'd Addreſs was drawn up in the Commiſſion; it was Agreed to in the Commiſſion the 11th, but not preſented till the 17th: In which, they recommend to the Parliament, the Security of the Presbyterian Church of Scot⯑land, and its Doctrine, Diſcipline, Worſhip and Government, to be ſecured by the Treaty, as you may ſee by the Addreſs it ſelf, which is printed in the Appendix, N B x.

After this, the Commiſſion was again preſſed about the Faſt; and more Miniſters being come to Town, than were at the firſt; and coming with the Senſe of the Country People freſh in their Minds, who were, by this time, every where rendered very uneaſy, the Motion of a Faſt was renewed; And tho ſome were againſt a Faſt as National, yet, as no Body was againſt Praying to GOD, on ſo Solemn Occaſion, ſo the Commiſſion began with themſelves as follows.

October 17th, It was Agreed, That the Members of the Com⯑miſſion, with ſuch as pleaſed to joyn with them, ſhould Con⯑veen in the High Church of Edinburgh for Prayer the Day fol⯑lowing; That the Moderator ſhould begin with a ſhort Diſcourſe from the Pulpit, concerning the Occaſion and Reaſon of that Meeting, and the Miniſters to Pray, and the Orders of the Ex⯑erciſe were ſettled by the Commiſſion.

Accordingly, on the 18th, there was a very great Congrega⯑tion, where was preſent many Members of Parliament, and the Work continued till two of the Clock, very Publick and Solemn; but without any of the Exceſſes, which ſome People flattered themſelves to find there.

However, after this, the Motion for a Faſt was brought on a⯑gain, and carryed in the Commiſſion on the 21ſt of October, as from the Regiſter follows.

There having formerly been a Motion made, for Application to the Parliament for a Publick National Faſt; The Matter was this Day reſumed, and much Debate about it; The Commiſ⯑ſion being pretty full, it took longer time; Some were for Ap⯑plying to the Parliament, for their Civil Sanction to it; Others, that Presbyteries ſhould be wrote to, to Appoint a Faſt, without Applying to the Parliament; becauſe it was feared, the Parlia⯑ment might not be Unanimous in that Matter; and the men⯑tioning of a Faſt there, might, perhaps, in the preſent Circumſtances, be Occaſion of Strife: And after long Deliberation, it was Unani⯑mouſly Agreed unto, that Application ſhould not be made to the Parliament; and a Committee was Named to bring in a Draught of the Paper about that Faſt; which Committee brought in the ſame, in Form of an Act, upon the 22d of October; and af⯑ter ſome few Amendments, the ſame was Unanimouſly Approven.

This Faſt was obſerved in Edinburgh very Solemnly, His Grace Her Majeſties Commiſſioner, the Lord Chancellor, the Great Officers of State, and many Members of Parliament appear'd at Church, and joyn'd in it, tho the Appointment had not the Sancti⯑on [27] of the Civil Authority to ſupport it.—A clear Proof, by the way, of the Parliaments owning the Power of Appointing Faſts, to be in the Church.

Yet was not this ſuch a General National Faſt, as ſome people de⯑ſired; hoping to obtain upon the People, by the Solemnity of the Thing; and by the Warmth of the Miniſters, who, they vain⯑ly expected, would, in the Pulpit, run out againſt the Treaty; Bring the People to a general Averſion againſt it; and, by Conſequence, to ſome violent Meaſures for preventing it.

But the Prudence of the Miniſters prevented all this deſigned Miſ⯑chief;—and tho the Day was, as I have ſaid, obſerv'd with great Solemnity, and Affection; yet it was to their great Diſappoint⯑ment, that the Miniſters generally, as well thoſe who were againſt the Ʋnion, as thoſe who were for it, in their reſpective Pariſhes, applyed themſelves only ſummarily to the Subſtance, nay, to the very Words of the Aſſemblies Act, viz. That all the Determinations of the E⯑ſtates of Parliament, with reſpect to an Ʋnion with England, might be Influenced and Directed by Divine Wiſdom, to the Glory of GOD, the Good of Religion, and particularly of the Church of Scotland.

Thus the Thing was carryed thro', except as hereafter, without the Miſchievous Effect, which ſome expected from it; who now begun to turn their Expectations another way, viz. To THE PEOPLE, who, they had, by various Arts, ſcrew'd up to an Un⯑expected Fermentation; as, in the enſuing Tumults, appear'd.

I am ſorry, that, in the Proceſs of this Story, eſpecially in this, which I count the fowleſt and blackeſt part of it that could have been Acted, I ſhall be obliged to mention ſome Perſons of great Ho⯑nour, and Ancient Families; who were pleaſed, for Reaſons of their own, to Act againſt the Union, and to appear ſo publickly in the Oppoſition of it, that the People, I do not ſay, by their own Appro⯑bation, I hope not, ſingled them out as the Patriots of their Country againſt this Tranſaction; and, by their Shouts and Huzzas after them, as they went and came to and from the Parliament, made them, as it were, the Heads of the Party, who oppoſed the Union.

The Dukes of Hamilton and Athole were the Chief of theſe, and were almoſt every day in Parliament, ſtrenuouſly Arguing againſt the Articles, and preſſing for other Meaſures, as by the Obſervations on the Minutes will appear.

The Duke of Hamilton being Indiſpoſed by ſome Lameneſs, I cannot deſcribe the Occaſion, was generally carryed to and from the Houſe in his Chair.

The common People now ſcrew'd up to a Pitch, and Ripe for the Miſchief deſigned, and prompted by the particular Agents of a wick⯑ed Party, began to be very Inſolent: It had been whiſpered about ſeveral Days, that the Rabble would riſe, and come up to the Parliament Houſe, and cry out, No Ʋnion; That they would take a⯑way the Honours, as they call them, viz. The Crown, &c. and carry them to the Caſtle, and a long Variety of Fooliſh Reports of this kind.

[28] But the firſt Appearance of any thing Mobiſh was, that every day, when the Duke went up, but principally as he came down in his Chair from the Houſe, the Mob follow'd him, ſhouting and crying out, GOD bleſs his Grace, for ſtanding up againſt the Uni⯑on, and appearing for his Country, and the like.

And as Extremes are generally accompanyed with their Contra⯑ries; ſo, while his Grace the Duke of Hamilton had theſe fancied Honours paid him, the Queens Repreſentative, the High Commiſ⯑ſioner, had all the Inſults, Reproaches and Indignities offered him, that they durſt, for fear of publick Juſtice, ſhew him. As will by and by appear.

Far be it from me to ſay, the Duke of Hamilton deſired or encou⯑raged this Tumultuary kind of Congratulation; That ſort of Popula⯑rity muſt be too much below a Perſon of his Character; and his Grace knows the World too well, and is too Wiſe a Man, not to know, that ſuch things always tend to Confuſion, and to the De⯑ſtruction of Civil Peace in the World.

Nor do I doubt, but his Grace did what he could, to prevent their ſingling him out, to ſhow their Mob Courteſie to; but there was no Cruſhing a Rabble, that had ſo many Wheels to ſet it in Motion; and the ſeeming Cauſes of which encreaſed every day, as the Ʋnion began to draw forward, and as the Members appeared reſolved to go forward with it ſeriouſly, in order to a Concluſion.

On the 22d of October, they follow'd the Dukes Chair quite thro' the City down to the Abbey Gate; The Guards prevented their go⯑ing further; But all the way as they came back, they were heard to threaten what they would do the next day; That then they would be a thouſand times as many; That they would pull the Traitors, ſo they call'd the Treaters of the Ʋnion at London, out of their Hou⯑ſes, and they would ſoon put an end to the Union.

On the 23d, they made part of their Words good indeed; For, as the Parliament ſat ſomething late, the People gather'd in the Streets, and about the Doors of the Parliament Houſe, and particularly the Par⯑liament Cloſs was almoſt full, that the Members could not go in or out without Difficulty; when Duke Hamilton coming out of the Houſe, the Mob Huzza'd as formerly, and follow'd his Chair in a very great Number; The Duke, inſtead of going down to the Abbey as uſual, went up the High-Street to the Land-Market, as they call it, and ſo to the Lodgings of the Duke of Athole; Some ſaid, he went to avoid the Mob; Others maliciouſly ſaid, he went to point them to their Work.

While he went in to the Duke of Athole's Lodgings, the Rabble at⯑tended at the Door; and, by Shouting and Noiſe, having increaſ⯑ed their Numbers to ſeveral thouſands, they began with Sir Patrick Johnſton, who was one of the Treaters, and the Year before had been Lord Provoſt; Firſt they aſſaulted his Lodgings with Stones and Sticks, and Curſes not a few; but his Windows being too high, they came up the Stairs to his Door, and fell to Work at it with Sledges, or great Hammers; And, had they broke it open in their firſt Fury, [29] he had, without doubt, been Torn in Pieces without Mercy; and thus only, becauſe he was a Treater in the Commiſſion to England; For, before that, no Man was ſo well Belov'd, as he, over the whole City.

His Lady, in the utmoſt Deſpair with this Fright, comes to the Window, with two Candles in her Hand, that ſhe might be known; and cryed out, for GODs Sake, to call the Guards: An Honeſt Apothecary in the Town, who knew her Voice, and ſaw the Di⯑ſtreſs ſhe was in, and to whom the Family, under GOD, is obliged, for their Deliverance, ran immediately down to the Town Guard; but they would not ſtir, without the Lord Provoſts Order;—but that being ſoon obtain'd, one Captain Richardſon, who Command⯑ed, taking about thirty Men with him, March'd bravely up to them; and making his way with great Reſolution thro' the Croud, they Flying, but Throwing Stones, and Hallowing at him, and his Men, he Seized the Foot of the Stair Caſe; and then boldly went up, clear'd the Stair, and took ſix of the Rabble in the very Act; and ſo delivered the Gentleman and his Family.—

But this did not put a Stop to the general Tumult, tho it deliver⯑ed this particular Family; For the Rabble, by this time, were prodigiouſly increaſed, and went Roving up and down the Town, Breaking the Windows of the Members of Parliament, and Inſult⯑ing them in their Coaches, in the Streets; They put out all the Lights, that they might not be diſcovered; and the Author of this had one great Stone thrown at him, for but looking out of a Window; for they ſuffered no Body to look out, eſpecially with any Lights, leſt they ſhould know Faces, and Inform againſt them afterwards.

By this time, it was about eight or nine a Clock at Night, and now they were abſolute Maſters of the City; and it was Reported, they were going to ſhut up all the Ports;—The Lord Commiſſioner being Inform'd of that, ſent a Party of the Foot Guards, and took Poſſeſſion of the Nether-Bow, which is a Gate in the Middle of the High-Street, as Temple-Bar between the City of London and the Court.

The City was now in a Terrible Fright, and every Body was under Concern for their Friends; The Rabble went Raving about the Streets till Midnight, frequently Beating Drums, and rai⯑ſing more People; when my Lord Commiſſioner being Inform'd, there were a Thouſand of the Seamen and Rabble come up from Leith; and Apprehending, if it were ſuffered to go on, it might come to a Dangerous Head, and be out of his Power to ſuppreſs,—he ſent for the Lord Provoſt, and Demanded, that the Guards ſhould March into the City.

The Lord Provoſt, after ſome Difficulty, yielded; tho it was alledg⯑ed, that it was what was never known in Edinburgh before—About one a Clock in the Morning, a Battallion of the Guards entred the Town, Marched up to the Parliament Cloſs, and took Poſt in all [30] the Avenues of the City, which prevented the Reſolutions taken to Inſult the Houſes of the reſt of the Treaters.

The Rabble were intirely reduc'd by this, and gradually diſpers'd, and ſo the Tumult ended.

It is not eaſy to deſcribe here, the Conſternation all Good Peo⯑ple were in, at the Riſing of this Tumult; and had not ſuch Re⯑ſolutions been at laſt taken, as is above-mentioned, which the other Party did not expect, it had been the fataleſt Rabble the Nation had ever ſeen.

In this Caſe my Lord Commiſſioner greatly diſappointed the Par⯑ty, who, having Inſulted his Graces Lenity before, as a Faintneſs of Reſolution, had ſpread about Scandalous Reports, That the Government durſt not look the Rabble in the Face; That the High Commiſſioner was afraid of being Rabbled in his Palace; and that, if they once roſe in a Mob, all would fly before them; That the Parliament would run away, and diſſolve themſelves, or fly to the Caſtle; and another worſe thing than all, viz. That the Souldiers were on their ſide, and would not fight againſt their Country, as they called it.

But the Reſolution of the Lord Commiſſioner diſappointed them all, who now ſhew'd them, he had as much cheerful Bravery in the Action, as he had Calmneſs and Temper in the Parliament; This broke all their Meaſures; and when they ſaw the Guards, led by Brave and Faithful Officers, ſtand firm to their Duty, and ſhew themſelves reſolutely forward to defend the Government, they loſt all their Courage; it defeated all their Expectations, and they began to lay aſide that ſort of violent Proceedings, and apply themſelves to the Artifice of Words, and the Managry of Parties in the Houſe.

It is to be obſerved alſo, That this Rabble was a Mine ſprung before its Time, which blew backwards, and deſtroyed the Engi⯑neers, rather than the Enemies; The Plot being otherwiſe laid, viz. That it ſhould not have broken out, till ſome Days following; when, as was ſaid, all would have been in readineſs, to have fini⯑ſhed the Work at one Blow, viz. To have blown up the Govern⯑ment at once.

They had been Tampering with the Souldiery, in order to De⯑bauch them from their Duty; and ſome People talk'd of retiring from the Parliament, and of ſome Great Men Heading the People; which, had their Patience been more, and their Conduct a little more ſecret, they had, without Doubt, effectually brought it to paſs; But they blew their own Project up by their Precipitation, and ſo ſaved their Country by their very Attempt to deſtroy it.

The Author of this had his Share of the Danger in this Tumult, and tho unknown to him, was watch'd and ſet by the Mob, in or⯑der to know where to find him, had his Chamber Windows In⯑ſulted, and the Windows below him broken by Miſtake.—But, by the Prudence of his Friends, the Shortneſs of its Continuance, and GODs Providence, he eſcaped.

[31] Several of the Rabble were ſeized upon, and apprehended; and there was a Diſcourſe of making Examples of ſome of them; but the Mercy of the High Commiſſioner, however provoked and abuſed, prevail'd to Compaſſionate, rather than Puniſh their Follies; They were only kept ſome time in Priſon, and afterwards let go, without any other Puniſhment.

And thus ended the moſt dangerous Juncture of the whole Trea⯑ty, and a Tumult, which ended to the Advantage of the Govern⯑ment, and the Diſheartning the Party, who, before that, carryed it with ſuch an unheard of Inſolence; That, had they not been, as they thought, ſure of their Cauſe, they would never have An⯑ſwer'd it to their own Diſcretion, to have Acted in ſo Open and Inſulting a Manner.

The Foot Guards, and two other Regiments of Foot, did now conſtant Duty in the City, viz. The Regiments of Strathnaver and Grant; The Horſe Guards attended the Commiſſioner, the other Battallion of Guards at the Palace, and the Gariſon at the Caſtle.

And all was little enough; For the Regiments were thin, and few; and all the Forces then in the Kingdom, ſome Independent Companies in the Highlands excepted, did not exceed three thouſand Men; and great Endeavours were uſed, as I have ſaid, to De⯑bauch the Souldiers, tho in vain; they appearing Faithful and Forward, to do their Duty on all Occaſions.

The next day the Parliament did not ſit; but a great Council was aſſembled, where the Meaſures the Lord Commiſſioner had taken, as to bringing the Guards into the City, was Ratified and Approv⯑ed; and a Proclamation publiſhed for ſuppreſſing the Rabble; which being ſomething particular, is inſerted in the Appendix, No. C x.

I have printed this Proclamation, tho this Work could very ill ſpare Room for it; both becauſe it recites the Acts of Parliament in Scotland in Force againſt Rabbles; as alſo, for that the Method is particular to that place, and very good to prevent Tumults, viz. 1. Of obliging the Deacons of Crafts, that is, as in London, the Maſters of Companies, to Summon the Inhabitants, and make them give Security for the Behaviour of their Servants, Apprentices, &c. 2. Giving an Indemnity to the Souldiers, either of the Regiments, or Town-Guards, in caſe they ſhould wound or kill any Perſon, af⯑ter a Command given for all to retire from the Streets.—

Indeed there was Occaſion enough for ſuch a Proclamation; and, had not the Party been broken, as before, all would have been little enough, to have ſuppreſs'd the Fury of this Enraged Multitude.

No Body would undertake to juſtify the Rabble, eſpecially after they had been defeated in the Deſign.—Every Body cryed out, it was a Dangerous Thing; and the whole City might have been ex⯑poſed to Plunder, Riot, and all manner of Diſorder.

But, as the Party could not juſtify the Rabble, ſo they began a new Clamour; and now they exclaim'd, That the Privileges of [32] the City of Edinburgh were invaded, and Souldiers brought in, to awe and oppreſs the Inhabitants.

That this had not been done in ſixty Years before, nor ever, but in the Time of War and Tyrannick Government; and that it was a Fore-runner of the Slavery of the Nation.

Then they cryed out, this was an Invaſion of the Freedoms of Parliament, and an Awe upon the Members, &c. See the Minuts of the 25th of October, where that Matter was urged very warmly.

'Tis true, it had been to be wiſhed, the Affair could have been carryed on, without any Jealouſies and Inſults; But, on the other ſide, it was alledged, That the Force put on the Government by the Rabble, was an Invaſion of the Publick Peace; and that the Mob were the Aggreſſors, and the Parliament was much more likely to be Awed by the Ungovern'd Rabbles of the Streets, if they had gotten a Head, than by the Forces brought in for their Security; who being at their Command, did nothing but ſecure them from the Inſults of the Mob, and keep that Peace which the Civil Authority had not Power to preſerve.

That the Military Power is always ſuppoſed to be aſſiſting to the Civil, when oppreſt by Rabbles and Tumults; and while in Sub⯑ſervience to the Civil Peace, and Subordinate to the Civil Powers, the proper Safe-Guard of a State;—and as the Force of theſe Ar⯑guments carryed all things before them in the Houſe, all the legal Pretences were overthrown, by the Reaſon and Nature of the Thing, and the Parliament approved of all that had been done.

Nor did they Approve it only; but Ordered the Guards to be Continued, or recommended it to the Lord High Commiſſioner, and the Privy Council, to continue their Care for the Safety and Security of the Parliament. Vide the Minuts of October 25th.

However, by this Method, the Appearance of the Rabbles, and the Fury of the Streets, were, in ſome Meaſure, Abated; yet the People appeared Exaſperated to the laſt Degree; The Huzzaing and Crouding about Duke Hamilton continued, notwithſtanding all his Endeavours to prevent it; and unuſual Threatnings and dark Speeches were heard among the People.

The Lords, and others, who oppoſed the placing Guards in the Streets, made Proteſts againſt it, as Infringing the Liberties of the Parliament; tho it was very plain, that there was nothing Impoſed in Parliament, nothing offered to be Carryed, but by Reaſoning and fair Voting.

From this Time, they began to talk of Country Tumults; and that, ſince the Commiſſioner had ſuppreſs'd the Mob in the Town, the whole Country ſhould riſe, and come up to Edinburgh, and remove the Guards by Force from Impriſoning the Parliament.

The Pretence was Specious; They pretended, the Guards were a Force upon the Members of Parliament; That this was Craming the Union down their Throats; That the Country was Unanimouſ⯑ly againſt it, and would not bear, that a few People in the Houſe, becauſe they had the Majority within Doors, and a Band of Souldi⯑ers [33] to back them, ſhould Impoſe a Conjunction with England upon them, whether they would or no:—(Any Body may judge what a Time this was, when every day the Town was alarm'd; To Day the North was up in Arms, to Morrow the Weſt; To Day ſuch a Shire, to Morrow another, the next Day a Third; Glaſgow, Dumfries, Hamilton, Perth, all the places which the Imagination of the People dictated, and the Fears of others apprehended.

It is impoſſible to expreſs the Conſternation of the People: Thoſe that wiſhed well to the Publick Peace, and who ſaw, that a Commotion at this Time, muſt immediatly involve the Nation in War, and Blood, not with England only, but with one another; theſe Trembled for Fear of the Deſolation of their Country, the Blood and Ruine that always attends a Civil War, and the Danger of the Lives of themſelves and their Relations.

Thoſe who look'd ſeriouſly into the Drift of ſome of that Party, who moſt eagerly puſh'd on theſe Diviſions, who ſaw how the Intereſt of a Popiſh, a Jacobite, and a Perſecuting Bloody Ge⯑neration lately extinguiſh'd, and now full of Hopes, was Twiſted, and all joyn'd in Anti-Union Principles, could not but be heartily con⯑cern'd for the Eſtabliſh'd Religion, and Proteſtant Church; which they muſt have been wilfully blind, who could not ſee was plainly ſtruck at, by the Oppoſers of this Treaty.

To ſee others, whoſe Deſigns could not be ſuſpected of any thing, to the Detriment of either Religion, or their Native Country, yet joyning blindly with a Wicked and Degenerate Race, and ſeeming to approve the Steps which were taken, to the Ruine and Deſtructi⯑on of both; To ſee theſe ſhut their Eyes againſt the plain Diſco⯑veries of a ſtated Reſolution againſt both Liberty and Religion, and encourage, nay, in too much joyn with them, who were known Enemies both to the National Church, and Proteſtant Succeſſion; Theſe, I ſay, were very Melancholly Things, when the Proſpect of them was ſo near to thoſe, who were ſincerely concerned for the Peace of the Country, and the Safety of the Reformed Religion;—And People went up and down wandering and amazed, expecting every day ſtrange Events; afraid of Peace, and afraid of War; Many knew not which way to fix their Reſolutions; They could not be clear for the Union; yet they ſaw Death at the Door, in its breaking off; Death to their Liberty, to their Religion, and to their Country.

Here were good People of all Opinions, as well as others; Some were againſt the Union, on a Principle of Juſtice and Honeſty, as earneſtly as others were againſt it, on a Principle of Treachery to their Country; Some were firmly poſſeſs'd, that they were under National Engagements, which, in the Nature of them, claſh'd with the Union; and that therefore, however it might be neceſſary for the Safety, and Peace of either Church, or Nation, they could not get over thoſe Obligations, or conſent to this Evil, that the other Good might come;—And however theſe might, in the Conſe⯑quence of the Thing, Countenance the wicked Foundation, on which [34] the other acted; yet I cannot but do them that Juſtice, that I be⯑lieve, they were far from the leaſt Intention, to encourage the ſtrengthening a Party, whoſe Principle was French Government, and a Popiſh Sovereign. I will not anſwer for Indiſcretion, or Errors in Temper in ſome; neither will I be ſo unjuſt, as to call every wrong Step an Error of Principle, and every miſtaken Man a Plotter againſt his Country.

This was the unhappy divided Condition of this People, at the beginning of the Treaty. The Diviſion was ſo general, that it ſpread thro' every part; The Gentry were divided, the Common People divided, nay, the very Miniſters were divided; Parliament, Aſſembly, Court, City, Counties, Towns, nay, almoſt every Fa⯑mily were divided; and as the Event began to be feared on every ſide, People ſtood ſtrangely doubtful of one another.

The Commiſſion of the Aſſembly hitherto carryed, as before noted, with a great deal of Prudence and Moderation; and tho there were ſome unhappy Struggles there, which perhaps were pointed, by the ſame Party, at making a Breach; yet as they came to no Head, and were ſoon cruſh'd by the Wiſdom and Conduct of the reſt, I ſhall not preſerve the Memory of them to Poſterity; The general Proceed⯑ings of that Reverend Body being always Tempered with Modeſty, Calmneſs, and Diſcretion, at the ſame time that they were anxi⯑ouſly concerned for the Security of the Foundation on which they ſtood, and had the whole Weight of the Church of Scotlands Safety upon their Hands.

They had Addreſs'd the Parliament, That Care might be taken of the Church in the Treaty; and had been aſſured, they ſhould have their Expectation fully Anſwer'd.

And I cannot but remark here, That the Foundation of this Trea⯑ty herein appeared to have been wiſely laid; The Underſtandings and well poiſed Judgments of its firſt Contrivers was very Conſpicu⯑ous, in leaving the reſpective Parliaments a full Liberty, ſo to Eſta⯑bliſh the ſeveral Churches, as that all the Security they could de⯑mand, one againſt the other, ſhould be granted them; That every Root of Jealouſy might be pull'd up, and there might be no Room for the Sowers of Diſcord to begin here, where they always uſed to begin; and from whence all the Miſchiefs of former Diſſention uſed to flow.

The Parliament had alſo been Encouraged by the Queen, in Her Majeſties Letter, Vide Folio 3d. of this Part, at the Opening this Seſſion, to Form ſuch Security for the Church Government, as might fully Eſtabliſh the National Church of Scotland;—For the Queen having, by long Experience, and the former Contention on both ſides, ſeen, that an Union of Principles was no more to be expected,—but plainly ſeeing alſo, that, with the Aſſiſtance of Mutual Charity, that Difference in Principle might be Conſiſting with an Union of Intereſts, and Affection, among Her People, ſaw, at the ſame time, that the only way to Eſtabliſh this Peace, was, to Form ſuch Securities to both Churches, as might, for ever, re⯑remove [35] all juſt Ground of Jealouſies, from among them, take away the Suſpicions, and ſhut all the Doors againſt the Fears, which ei⯑ther had entertain'd of each other; and which wicked Men daily took hold of, as Handles of Contention, to keep open an Eternal Breach, and keep us always divided, Ephraim againſt Judah, and Judah againſt Ephraim; ever vexing and envying one another.

In this Poſture, I ſay, ſtood the Affairs of the Church; when, in the Interval of Time, between the firſt Addreſs to the Parliament, and the ſecond Reading of the Articles, Vide Minuts, Folio An Overture, or Draught of an Act for the Church, was conceived, and on the (left blank) of (left blank) was preſented to the Houſe.

I ſhall not enter into a long Debate which aroſe here, both with⯑out Doors and within. 1. As to the Sufficiency and Inſufficiency of the Overture, which, in ſome part, may be Anſwer'd, by ſay⯑ing, it received ſome Amendments or Additions afterwards, at the paſſing into an Act. Or, 2. As to any Act of Parliament being a ſufficient Security for the Church; That Objection being raiſed at firſt, not by ſuch as deſigned a better Security, but by ſuch as real⯑ly deſigned no Security at all, for the Eccleſiaſtical Eſtabliſhment in this Nation: It is hard, That we muſt be forced to diſtinguiſh the Diſputes in this Caſe, by diſtinguiſhing the Perſons; for there be⯑ing ſeveral Parties here, and of ſeveral Principles, who all ſeem'd to make but one Party againſt the Union, it was abſolutely neceſſary to Examine who was for this, or that Argument; and, by the Man, the Reaſon of his Argument, was to be diſtinguiſhed.

This Untiddled the Myſtery, which appear'd in the Debates of this Time; when thoſe that had really leaſt Kindneſs for the Church, were the loudeſt, and appear'd the moſt Zealous for her Se⯑curity: Nay, thoſe that never owned, or acknowledged either her Diſcipline, or Government, never ſubmitted to her Judicatories, or joyn'd with her Worſhip, were now every day crying out of want of Security, Expoſing the Church to the Votes of the Biſhops in the Britiſh Parliament, and giving the Epiſcopal Church of England the Aſcendant over the Presbyterian Church of Scotland.

This Language could be no otherwiſe underſtood, but by diſtin⯑guiſhing the People that ſpoke it; The very Party were Hierogly⯑phicks to the Dialect; and he muſt be blinder than moſt People are, in this Intelligent Age, that could imagine, theſe People ſpoke this from a true Deſign to obtain for the Church a farther or bet⯑ter Security, ſo much as to embarras the Church and the State, em⯑broil the Parliament with the Commiſſion; and either prevent its being finiſhed at all, or obtain what they generally drove at, in all their Managements now in the Affair; and, which was the only thing they could hope in, I mean, A DELAY.

But to leave this Matter a while, the Parliament was all this time Reading over the Articles, and Diſcourſing or Reaſoning upon them, but had not yet come to any Vote; The Tumult at Edin⯑burgh, was blown over, without the expected Event; we ſhall now ſee, that it was not in Edinburgh alone, that a Tumult was deſign⯑ed, [36] but Steps were taken, and indeed Politickly enough, to have the general Senſe of the Kingdom to run in the ſame Channel.

To this End, Addreſſes were ſet on Foot, in ſeveral parts of the Kingdom againſt the Union: I ſhall not pretend to croud this Book with the particular Addreſſes, tho ſome of them are remarkable enough; However, I ſhall give Specimens of ſome of them to judge from, and to make the Matter, as I go along, the plainer.

And, among them, I cannot omit one from the Convention of the Royal Burghs; becauſe ſome Gentlemen, eſpecially in England, having valued their Opinion from thence, as if it were the Senſe of the whole Nation: It is a little neceſſary, towards clearing up this Point, That, tho the People were ſcrew'd up to a moſt Un⯑expected, and indeed Unaccountable Averſion; yet that, in the whole, the main Body of the Nation did not run the length which ſome of their Leaders deſir'd of them, and which they would have had paſs'd as their Act and Deed.

The Royal Burghs have a Cuſtom in Scotland, that they act in a Body, and have a Convention, or Repreſentative of their own, which meets upon Occaſion at Edinburgh, and are conveened by the Lord Provoſt of Edinburgh: To this Convention, every Burgh ſends one Member, and the Burgh of Edinburgh two; Their whole Repreſentative is ſixty ſix in Number.—Now the Calcu⯑lation which was obſervable here, was in the Number and Quality of the Burghs, which Voted in the Convention; The Addreſs was carryed by four Voices indeed, but the State of the Caſe is thus; Of ſixty ſix Burghs, twenty Voted againſt Addreſſing, and twenty four for it, the reſt were abſent. But take the Quality of the Burghs, to make the Calculation by, and there the thing will diſcover it ſelf as follows;

Take the Burghs that refuſed to Addreſs, and theſe that did not think it worth while to appear; and the Majority againſt the Ad⯑dreſſers, is, by the Proportion of their Ceſs, as eighty ſix to four⯑teen. Nay, ſuppoſe all thoſe that did not appear to be Affirmatives, tho that be altogether improbable, and that they would have been for the Addreſs, yet the Proportion had been, as thirty one to ſix⯑ty nine.—

But if the Rate of the Ceſs be not a juſt Eſtimate of the Value of the Burghs, tho I can prove it was the Original of their Right of being Burghs; then I refer to any Man to calculate the Inhabitants and Number of Free-men in each Burgh, and he will find the twenty Burghs that refuſed to Addreſs, have more Inhabitants in them, than both the twenty four that Addreſs'd, and the twenty two that were abſent, the City of Edinburgh excepted.

So that, upon the Foot of this Calcul, tho the Addreſs may legal⯑ly be called the Addreſs of the Burrows; yet it did not follow, that the Trading Part of the Nation had Addreſſed, or were againſt the Union; for that, in an Arithmetical Calculation, or a Calculation upon Value and Payment of Taxes, the far greater Number oppoſed the very Addreſſing at all.

[37] This is obſerved here, in order to clear up a Point hereafter; which will require a like kind of Calculating, on the Foot of the whole Nation.

The Burghs however, by this ſeeming Majority, did Addreſs; and becauſe the ſaid Addreſs is very particular, and contains in it all the Popular Arguments, which the Enemies of the Treaty had blinded the People with, as before; particularly of the Surrender⯑ing the Sovereignity, and Independency of the Nation, and Sub⯑jecting their Religion, Church Government, Claim of Right, Laws, Liberties, and Trade, to be Altered or Subverted by the Engliſh in a Britiſh Parliament; For this Reaſon, I have given you the Addreſs it ſelf at large in the Appendix, No. D x.

I cannot, I confeſs, but wonder, how it was poſſible to impoſe things ſo abſurd upon a whole Nation! And how ſo Great a People, ſo clear Sighted, and Wary in all other Caſes, came, at this time, to run ſo apparently upon a plain Miſtake! Since, as nothing is more plain, than that the Articles of the Treaty, and conſequently the Great Heads mentioned in the above Addreſs, can⯑not be touch'd by the Parliament of Britain; and that the Moment they Attempt it, they Diſſolve their own Conſtitution; ſo it is an Union upon no other Terms, and is expreſly Stipulate, what ſhall, and what ſhall not be Alterable by the ſubſequent Parliaments;—And as the Parliaments of Britain are founded, not upon the Ori⯑ginal Right of the People, as the ſeparate Parliaments of England and Scotland were before, but upon the Treaty, which is prior to the ſaid Parliament, and conſequently ſuperior;—So, for that Reaſon, it cannot have Power to Alter its own Foundation, or Act againſt the Power which formed it; ſince all Conſtituted Power is Subordinate, and Inferior to the Power Conſtituting.

This is ſo clear, and has been ſo often Inculcated in this very Caſe, and is ſo Unanſwerably Stated in the very Acts of Par⯑liament themſelves, Ratifying the Treaty, that I need ſay no more to it here.

But it was a ſtrange Time now, and there was no making the leaſt Impreſſion upon the Minds of the People, already prepoſſeſs'd;—Nothing was to be heard now, but of Slavery to the Engliſh, running away with the Crown, taking away their Nation, and the like:—And it was impoſſible to Stem this Tide of Diſtraction for a Time;—It is true, that the Generality of the People came off from this Deluſion at laſt; and the Unalterableneſs of the Uni⯑on, if finiſh'd, began to obtain a little upon the Senſes of the Peo⯑ple;—The Truth is, the Demonſtration of the Thing was ſo viſible, that it could not but prevail; and the Beſt, and moſt Ju⯑dicious, beginning to ſee into it, the reſt of the People began, to ſink under the Power of the Conviction, and ſo by Degrees the Scruple began to wear off.

Nay, the ſame People, who firſt argued againſt this Truth, viz. Of the Parliament of Britains not being able to Invade the Treaty, took it up themſelves afterward, when it ſerved their Turn, and ſtrongly [38] urged it againſt Conſenting to the Church Eſtabliſhment on the Engliſh Side; ſince it was a Confirming the Epiſcopal Power, and ſetting it up above the Power of a Parliament to pull down; So freely will Men accept of an Argument, when it ſerves their Occaſion, which they will reject, while it ſeems to oppoſe their Intereſt.

In the Ruines of this Suggeſtion, another ſtarted up; which, as it was capable of being Embaraſs'd with greater Doubts, and with ſome, had Inſuperable Difficulties; ſo, had not the Mode⯑ration of the Miniſters Interpoſed, it might have been of far worſe Conſequence in this Caſe; and this was a Scruple againſt the Uni⯑on in Groſs, as being directly againſt, and inconſiſtent with the Covenant; and that therefore it could not be entred into, with⯑out incurring the Guilt of National Perjury.

This brought the Church into the General Appearance againſt the Treaty;—Nor will I ſay, but that great Means were uſed, if poſſible, to bring the Commiſſion then ſitting, to declare againſt the Union. upon this Account.

This was a great Tryal of Skill; and I ſay, this roſe out of the Ruines of the other Scruple, becauſe it was forcibly enough alledg⯑ed, That, if the Conſtitution of this Treaty was ſuch, that no Al⯑teration could be ſuffered; and that not the Parliament of Britain could infringe one Article of it; Then this for ever ſhut the Door againſt the Poſſibility of their Aſſiſting, to Reform the Church of England, which they alledged, by their Covenant, they were bound to uſe all lawful Endeavours to perform.

This, and ſubmitting to the Juriſdiction of the Biſhops in Eng⯑land, and who were to ſit ſtill in the Britiſh Parliament, and there⯑by owning the Agency of Spiritual Men in Civil Imployments, they alſo alledged was againſt the Covenant: And conſequently, if the Nation went into this Union, they incurred directly the Guilt of National Perjury; and I allow, that a great many Good and Va⯑luable People were very Melancholly upon this Head, and ſome are not eaſy in it to this Hour.

I cannot paſs this thing here, without ſpeaking to it; becauſe I foreſee dayly Diſputes do ſtill ariſe upon this Head, and are like to do ſo every day, and I ſhall not interrupt the Thread of the Story by it at all; rather it will ſeem neceſſary to be conſidered, in or⯑der to carry on the Courſe of the Story, ſome of which, particular⯑ly at this very Juncture, very much depends upon it.

I am not at all entring here, upon the Obligation of the ſeveral Convenants, engaged in by the People of Scotland; 'Tis neceſſary here, for Argument ſake, to allow them to be Obligatory, in as large a Senſe as can be deſired.

As to the being Obliged to Reform the Church of CHRIST in the whole Iſland;—It is granted here, by the moſt ſevere Aſſertors of the Covenants Obligation.

1. That, as is expreſs'd, they are to uſe all lawful Means only; and that they are not to uſe any ſuch thing as Force.

[39] And the Reverend Doctor Rule, a Divine of great Candor and Learning, and Principal of the College of Edinburgh, has ſtated this Obligation very diſtiuctly, as follows,‘What we are bound to by the Covenant, is not to Reform them, but to concur with them, when lawfully called, to advance Reformation; And it is far from our Thought, to go beyond that Boundary, in being con⯑cern'd in their Affairs, we wiſh their Reformation, but leave the mana⯑ging of it to themſelves. Doctor Rule's ſecond Vindication of the Church of Scotland, P. 16.’

Now I think nothing is more clear, than that there is all the Room in the World for the Church of Scotland to concur in a Na⯑tional Reformation, notwithſtanding the Union; Nay, they will be better Qualifyed for it, now than ever; in ſo far as they will, I hope, always have the Aſſiſtance of all Good Men in the South, both Diſſenters, and Church Men, to Encourage them.

As to the Civil Power of Church Men, or in Engliſh, the Biſhops Voting in the Parliament, and its being declared againſt in the Co⯑venant; I will not Diſpute the Suggeſtion, whether it be againſt the Covenant or no, the Diſcord lyes here.

One Party ſays, it is expreſly againſt the Covenant; and that the yielding to it, and yielding to have the Church of England e⯑ſtabliſhed by the Treaty, is ſetting up that very Power they were ſworn to Reform, to the utmoſt of their Power, in all lawful Means; and theſe are the particulars, in which, they ſay, the Union is a Breach upon the Covenant, and has brought the Nation into the dreadful Sin of publick Perjury.

The other ſay,

1. They are not guilty of National Perjury; For that they con⯑ceive, the Union does no way oblige them further, than as before, in the Senſe of Doctor Rule, to concur with all lawful Methods for Reformation, and to cloſe with all Opportunities, which ſhall be put into their Hands for the Purpoſe; and this they are yet as free to do as before.

2. As to their Conſenting to the Act for the Security, &c. of the Church of England, it is not againſt the Covenant, ſince it is not an Erecting a Church; Nay, it is not, in the leaſt, a Recog⯑nizing or Acknowledging them that are Erected;—but 'tis a letting that be, which was before, and which they had no lawful Call, the Thing expreſly mentioned in the Covenant, to concern themſelves in Altering; They were not legally called to it, for they were legal⯑ly, at this time, excluded on either ſide, from meddling in the reſpective Settlements of the Church, by the Queens Power.

And, at laſt, they alledge, that, in ſo far as the Covenant en⯑gages them againſt the Civil Power of Church Men, they did ex⯑onerate themſelves fairly, in their publick Proteſt againſt the Votes of the Biſhops, viz. The Repreſentation and Petition, Rejecting, as far as in them lyes, all Submiſſion to their ſaid Power; and that they conceive, being not called to any other oppoſition, they [40] have fully diſcharged their Duty as a Nation, and have, to the ut⯑moſt of their Power, oppoſed it.

I think, this is a clear, tho' a ſhort State of the Queſtion; And ſome of the moſt Conſcientious and Pious, of both Miniſters and People, on one ſide, thought the Caſe of the Covenant clear in this Point.

I know, there are others disſatisfied ſtill, of whom I have only this to ſay, If they are certain it is a National Crime, I wiſh they would apply themſelves to National Humiliation, and be found of them that ſtand in the Gap, to prevent GOD's Judgments, rather than forgetting that part, fill the Days with their Complaint of the Sin,—and only apply it, to make the People uneaſy at the Occa⯑ſion.

The Union is finiſht: Even breaking it again, if that were in their Power, would not undo the Crime, if it be one; and would, at the ſame time, involve their Country in a Thouſand Calamities, Blood and Diſtreſſes.

I cannot be ſo Uncharitable, as to think, any Man that raiſes the Scruple we are now upon, would be willing to be thought to be moving the Nation, to break this New, and moſt Solemn Conjunc⯑tion, and fall all to pieces again: I would then ask, To what end are publick Exclamations, and Excurſions of the Tongue about it? They can tend to nothing, but to keep the People in a continual Alarm, keep their Minds in a conſtant Perturbation and Uneaſi⯑neſs; and 'tis a ſad Work for any Man to be employed in, meerly to diſturb and diſtract his Country.

While theſe things were debating at Edinburgh, the Affair grew ſtill darker and darker all over the Kingdom; and they were far from carrying it with equal Temper and Moderation in other Places.

In the Weſt, the People, called Cameronians, began to be appre⯑hended as Dangerous, and that Cloud was diligently repreſented as very Black; That, according to the Raſh Wiſhes of ſome People, whoſe Endeavours too had not been wanting, they would fall into ſome Deſperate Action or other on this Account;—The Prejudices a⯑gainſt the Union had reach'd them very early: Nor was it to be ſuppoſed, that thoſe People, who were ſo diligent to Alarm the Country every where againſt the Union, and poſſeſs'd them with Fears and Jealouſies of their Liberties, Trade, Crown, and Religi⯑on, would fail to fall to Work in theſe Parts, where they muſt needs know, the general Character of the People, was to be Tenacious of their Opinions; and far from being always preſcribed by the moſt Prudent and Moderate Councils;—As to other Places, the Arguments were ſuited to the People, as to ſome, the Loſs of Trade, to others Taxes, to theſe the Liberty, to thoſe the Sovereign⯑ty of the Nation, ſo to theſe the great Pretence uſed, was Religion, the Danger of, not the Church, for that many of them did not ſub⯑mit to or acknowledge;—But Religion in general, and theſe two Heads in particular, the Return of Prelacy, and the Breach of the [41] Covenant; However, they had all the very ſame things in their Allegations.

In carrying on the Deſign of Enſlaving theſe poor People, great Artifice was uſed;—And, as if they had been prepared for the Deſign before hand,—they waited till the Articles were printed, which were formed by the Treaters in England, and the ſeveral Mi⯑nuts of the Treaty.

When theſe were ſeen, a Number of theſe People got together; And tho they were not the Number by far, as was diligently re⯑ported, in order to make them Formidable; yet the Beginning might have been Dangerous enough, if it had been puſh'd on far⯑ther; what Number they might really be in other places, I could ne⯑ver learn ſo particularly, as to venture aſſerting it: But about Two Hundred Men, in a Tumultuous Manner, came to the Town of Dumfreis, a Sea-port on the Weſt-ſide of Scotland, about Twen⯑ty Eight Miles from Carliſle;—They came into the Town in the Middle of the Day, on the Twentieth of November, made a Fire in the Market Place, burnt the Articles of the Union, and burnt a Paper with the Names of the Commiſſioners of the Treaty, and fix⯑ed another Paper of their own upon the Croſs; and having done thus, they march'd off, and diſpers'd themſelves peaceably.

This Paper indeed was no leſs Seditious in its Nature, than the Attempt was Inſolent and Daring.

When the Report came to Edinburgh of this Tumult, the Concern of thoſe, who wiſh'd well to their Country, was very great, and Wiſe Men began to give the Deſign of the Treaty for loſt; They knew the unhappy Temper of thoſe Honeſt People; for ſuch, how⯑ever, I muſt call them, becauſe I believe their Intention is Religious and Honeſt, tho they may be miſtaken, and, no doubt, are miſta⯑ken, in their Principles, about Government and Obedience; But, as they knew, I ſay, the Temper of theſe People, how Tenacious of their own Sentiments, and how Precipitant in their Proſecution, it bred no ſmall Concern in the Minds of all People, who were in⯑clin'd to Peace; Concluding, That the Party, who oppoſed the Union from worſe Principles, had gain'd their Point, viz. To im⯑ploy the Hands of Proteſtants, one againſt another, in this Diſpute, and make the Honeſt Meaning, but Warm People, the Tools to Ruine both themſelves, and their Country.

There were not wanting, at the ſame time, People, who dili⯑gently ſpread Extravagant Rumours of the Numbers of theſe People; Some ſaid, that there were Six Thouſand Men in Arms at the Place; others, that Two Thouſand Horſe only came into the Town; and that Five Thouſand Foot-ſtood ready, in the Hill Country, to March with them, as Occaſion ſhould require: Others, that the whole Bo⯑dy of them were up; and that the whole Weſt was in Arms, and at leaſt Twelve Thouſand of them were to March for Edinburgh, to raiſe the Parliament; and that they had publickly declared, they would Sacrifice the Treaters, as Betrayers of their Country, and Sel⯑lers of her Liberty and Sovereignty.

[42] To back theſe Reports, the Paper they fix'd up at Dumfreis was officiouſly printed; and at the End of it, a Poſtſcript, ſignifying, That this Paper was publickly read from the Market Croſs at Dumfreis, about one of the Clock Afternoon, on the Twentieth of November One Thouſand Seven Hundred and Six, with great Solemnity, in the Audi⯑ence of many Thouſands; the Fire being ſurrounded with double Squa⯑drons of Horſe and Foot in Martial Order.

The printing of this Paper was reſented by the Government, and the Printer fled from their Hands for the preſent; but this, as all other Inſults of this Nature, were no farther proſecuted, the Govern⯑ment chooſing rather to pity and overlook the Follies of the People, on this Occaſion, as what they ſaw was politickly Enflamed by a Party, who only ſought to Embroil the Nation, and bring the beſt of the People to fall out with one another, that the Game might be made up out of the Deſtruction of both.

By this Poſtſcript above, may appear to any Unbyaſs'd Perſon, the Artifice made uſe of, to magnify every Story, to encreaſe the Terror of the People, and, if poſſible, to encourage the like Confu⯑ſions in other Places; For, as to the Fact, 'tis true, there were a Rabble of Country People, to the Number, as above, of about Two Hundred; I could never find, that they deſerved to be called more;—That there was any ſuch thing, as Squadrons or Com⯑panies, either of Horſe or Foot, or any Martial Order, ſuch as Offi⯑cers or Commanders, or any thing like Troops, was a manifeſt For⯑gery, on purpoſe to Amuſe the Nation, and make the People Be⯑lieve, what they really had ſome Ground to Fear.

I muſt alſo do thoſe People in the Weſt this Juſtice, that, tho great Endeavours had been uſed to Exaſperate them, and they were heartily againſt the Union, as appear'd, upon all Occaſions;—But when they came to ſee a little into the Hands that were at Work againſt it, and with whom they were like to joyn, even the Hotteſt among them came to themſelves, and to give them their Due, they behaved with great Calmneſs and Diſcretion; nor could they be brought into any Precipitations or Extravagancies, as was dayly threatned;—Mr. John Hepburn, their chief Leader and Miniſter, had been Reflected on, as one that had Inflamed and Animated them to riſe and take Arms, and that had been ſaid to threaten the Parliament;—when he was Diſcourſed with by ſome, who were under Concern for the publick Peace, it diſcovered the Frauds and Falſities of thoſe Suggeſtions, and how they were ſpread about to ſerve the great end of the publick Diſorders, and only amuſe the World; for he declared himſelf readily, that indeed they had Ap⯑prehenſions, that the Union would be prejudicial to them; that they did not like the Articles, and thought the Treaters had not done their Duty, and the like; but that, as to their having any Deſign to diſturb the Government, or to appear in Arms, it was an Abuſe upon them; They had no ſuch Thought, nor ſhould they do any thing, but in a National Way; much leſs would they adhere to, [43] or encourage the Deſigns of a Jacobite French Party, whom, he de⯑clared, they abhorred, and would never joyn with.

I think this is a plain Demonſtration of the Truth of what I have alledged all along this Story, viz. That there was a buſy Party, who run thro' the whole Country, by all poſſible Artifice, to Agi⯑tate and Diſturb the Minds of the peaceable People; and, if poſ⯑ſible, to bring them firſt to miſtaken Notions about, and Averſions to the Union in general; and then, to purſue thoſe Averſions, by all poſſible Methods of Diſtraction and Confuſion; and that this might bring the Honeſt and Well-meaning People of the Nation, either by their Numbers and Intereſt, to overthrow the Treaty; or, by their Folly and Miſcarriage, to overthrow themſelves, and ſo to weaken both.

But GOD's Goodneſs to this Innocent People diſappointed them here, and we never found the leaſt Tumult or Diſorder on this ſide afterward, to the particular Mortification of the Party that hoped for worſe things from them.

The Declaration therefore, or Proteſt, which they poſted up at Dumfries, and which the Party handed about at Edinburgh, as a great Inſtance of what they hoped for from them, is rather publiſhed here, as an Example of the Notions they had poiſoned the Minds of the People with, than as the Senſe of the Nation, in the Caſe of the Union, and a Sketch of what they endeavoured to obtain from all the reſt, Appendix, N. E. x.

We are now, in the Proceſs of this Affair, come on to the middle of November;—I muſt deſire the Reader, to go back a little to the Parliament; They had begun to read the Articles the ſecond time, in order to Vote on them; The beginning was a remarkable Debate, and held for ſeveral days, as will appear in the Minuts.

The firſt Article was like putting the previous Queſtion, viz. Whether there ſhould be an Union with England, in the Senſe of the preſent Articles, or no: That is, whether there ſhould be an Incorporate Union of the Nation into one Kingdom, to have but one Name, Head, Signature, Conſtitution and Parliament, Yea or No.

The Manner of this Queſtion, and the Difficulty with which it was carried in the Houſe, I refer to the Minuts, Folio But I cannot but obſerve one ſignificant Omen of the future good Succeſs of this Treaty, and which, I muſt owne, very much encouraged me to think it would go on, notwithſtanding all the vigorous Oppoſition it met with, was, That it was Voted on the moſt remarkable Day for Publick Deliverance, that ever happened to this Iſland. I am as far from laying any Streſs on ſuch inſignificant Circumſtances, as any Man; and I know, they can have no Efficiency in the bring⯑ing to paſs the mighty Events, which may be uſher'd ſo into the World; and therefore I beſpeak the Reader to note this, not as a thing I lay any real Weight upon.

And yet it was impoſſible to obſerve, without ſome Emotion of the Mind, and without ſome Preſage of the good Iſſue of this Matter; [44] That the firſt Article, being the Great and Eſſential Part of the U⯑nion, was Voted and Approved on that remarkable 4th Day of No⯑vember, which was made happy to Britain; Firſt, By the Birth of the Great and Immortal King William, to whom theſe Nations owe ſo much, that they cannot look on their Church Reſtored, the Bloody Perſecuting Race of Tyrants Abdicated and Fled, Cruelty and Prelacy Dethroned, and all the Miſchiefs of a Ruin'd Nation Vaniſhed, and not Bleſs the Memory of that Great Agent of GOD's Goodneſs to them, without remarkable Ingratitude both to GOD Himſelf the Original, and to that Glorious Inſtrument of our Feli⯑city the King;—Nor was it this alone, which rendered this Day remarkable to us, but alſo, that the great and remarkable Revolu⯑tion of Britain formed in, and founded upon the Expedition of the ſame King William, bears Date from this Time, being the Day which he firſt Landed on at Torbay in the Weſt of England.

It could not but be a pleaſant Reflection to thoſe, who remem⯑bred the particulars of theſe things, to find, that, without any pre⯑vious Calculation, or Direction of Men, the Concurrence of Cauſes ſhould ſo effectually jump, for the bringing to paſs the moſt remar⯑kable Tranſactions of Britain's Eſtabliſhment on the ſame Day; That her Deliverance from Tyranny, and the many many Oppreſſi⯑ons of a moſt Cruel and Barbarous Generation, that Aim'd at Sup⯑preſſing the Foundations of Liberty, and Overthrowing the Conſti⯑tution of both Kingdoms;—And her Deliverance from private Antipathies, the Peace of her Inhabitants, and the great Conjuncti⯑on, WE HOPE, of the Hearts and Affections of Two Nations, which, for many Years, had been filled with the moſt Fatal and Inveterat Averſions, ſhould take their Riſe together, and Date their Beginning both on the ſame Fourth of November; and both on that very Day, when the Great Inſtrument of her Deliverance, by whom ſhe was put in a Condition to bring all the reſt to paſs, was born into the World. Happy Day! Happy to Britain! Happy to all Europe! Since the Events of this Birth, the Actions of Heaven in the Hand of this Prince, have been the Foundation of all the Glorious Things, which have ſince happened in Europe, and of the Humbling the Great Thunderer of this Age, who had Eſtabliſhed his Kingdom in the Deſtruction of the Liberties of Europe, and in a View of the Subver⯑verſion of the Proteſtant Religion.

It was, on this Happy Day, that the firſt Article of the Union was paſs'd in the Parliament, after Infinite Struggles, Clamour, Railing, and Tumult of a Party; who, however they endeavour⯑ed to Engage the Honeſt Scrupulous Part of the People with them, yet gave this Eminent Diſcovery of the Principles of their own Actings, in that there was an Entire Conjunction of the Jacobite, the Prelatick, and the Popiſh Intereſt, in this particular; and the very Diſcovery of this, opened the Eyes of a great many People, who, in the Simplicity of their Hearts, had joyned in the general Oppoſition to the Union; but, when they ſaw the Tendency of Things, and whither it all led, when they ſaw the Society they [45] were going to Embark with; when they ſaw the Enemies of the Proteſtant Settlement all Engag'd, and theſe very People, who had filled the Land with the Groans of Oppreſſion, and the Cries of Blood,—coming to Joyn Hands with them, againſt an Union with England; when they ſaw, that, to ſhun an Union with Chri⯑ſtians, they were, of Neceſſity, to come into an Union with De⯑vils; Men that had Transformed themſelves into the very In⯑fernal Nature, and viſibly Acted from Principles, in this particular Diabolical, in that they Tended to Erect the Abſolute Subjection of Nations to the Luſt, and Unbounded Appetites of Lawleſs Ty⯑rants; when they ſaw theſe things ſo plainly, we then found an Alte⯑ration, and the beſt, the moſt thinking, and moſt Judicious People, began firſt to ſtop, and conſider, and afterward wholly to withdraw from the Party; and the Clamour of the People, as if come to a Criſis, began not to be ſo univerſal, but to abate; and the more it did ſo, the more the ſecret Party, who lay at the Bottom of all the reſt, began to appear, and diſtinguiſh themſelves.

The firſt Article being paſt, the Hopes of the Party depended upon Debating the Matters of Taxes, Exciſes, Cuſtoms; and, as far as poſſible, ſetting up the Popular Arguments of Care for the Poor,—the Impoſſibility of paying Duties, the Incapacity of the Trade to ſupport Exciſes and Cuſtoms, and the like; and here they had Recourſe from one Shift to another, and, like True Souldiers, tho in a Bad Cauſe, they fought their Ground by Inches.

From Article to Article, they Diſputed every Word, every Clauſe, Caſting Difficulties and Doubts in the way of every Argument, Twiſting and Turning every Queſtion, and continually Starting Objections to gain Time; and, if poſſible, to throw ſome Un⯑ſurmountable Obſtacle in the way.

The Conſequence of this was, making Amendments to the Ar⯑ticles; Nor was it a ſmall Diſappointment to them, when they ſaw the Parliament willing to come into Amendments; and when, by the Prudence of the Committee, Appointed to make Calculati⯑ons, and Examine thoſe already made, it appeared, that their Ob⯑jections were either Anſwer'd and Confuted, or the Clauſes ſo Recti⯑fied and Amended, as that they had no more Room to faſten any of their Cavils; They were intirely Defeated, and the Diſaſter was particular in this, that it ſhew'd ſtill the more plainly to the World, that their Deſign was not to be ſatisfied in the Amendment, and Alteration of what they Objected againſt; but, in having ſomething to demand, that would not, or could not have been reconciled.

This cauſed a great many Trifling Emendations to paſs, which, in themſelves, had not Signification enough, either to deſerve the Name of Objections, or to need any Diſputing.

'Tis evident, the Deſign was to load the Treaty with a Multitude of Amendments; Among which, it was to be hoped, ſome-might be found, which the Parliament of England would Scruple; or, at leaſt, that it would be a Precedent for the Parliament of England to Conſider the Treaty, and make more Amendments; which being [46] to come down to Scotland again, to be conſidered here, would bring another Sitting on of Courſe; when, by Delays, the Time fix'd to the Firſt of May might be elapſed, the Seaſon of the Year ad⯑vance, which hitherto had not favour'd them for the Riots and Tumults of the Country; and, in this Delay, they might find fur⯑ther Advantages.

How their future Actions conformed to this Suggeſtion, and how they were, in every Step, diſappointed, is the next thing to be diſ⯑cours'd on;—But I muſt Adjourn it a little, and Return to the Af⯑fairs of the Church, which were, at this time, in equal Agitation, proportionably conſidered; and the Party who oppoſed the Union, uſed all poſſible Artifice to bring things into Confuſion there, in which they diſcovered a double Miſchief in their Deſign, 1. To bring to paſs the grand Deſign of Obſtructing the Treaty. And, 2. if poſſible, to make the Diſorders they aim'd at, take their Riſe in the Churches Diſſatisfactions; by which laſt Thing, two other Ends would have been obtain'd.

But, as before, ſo even now, the Prudence and Steadineſs of the Miniſters, in the Commiſſion of the Aſſembly, defeated all the wicked Deſigns of this Party;—For tho there were, in the Com⯑miſſion, a great many Miniſters, who were ſincerely and heartily a⯑gainſt the Union,—yet they were not to be drawn in to Act with ſo much Imprudence, as the Projects of that Party deſigned; and therefore, what ever of Heat, or unhappy Warmth, at ſeveral times, happen'd there; and which, at one time, was feared, would have gone higher, yet the Temper and Sincerity of the main Body, both Miniſters and Elders, always over-ruled, and, in good time, ſuppreſs'd it.

I have already given you the Addreſs, which the Commiſſion of the Aſſembly gave in to the Parliament, in order to obtain a Securi⯑ty for the Church.—This Addreſs effectually Anſwer'd the End of the Miniſters, in that it obtain'd a Vote in Parliament, Novem⯑ber 2d, viz. That, immediatly after the firſt Article of the Ʋnion was Voted, the Parliament will proceed to an Act for the Security of the Do⯑ctrine, Diſcipline, Worſhip and Government of the Church, as now by Law Eſtabliſhed within this Kingdom.

All this Time an Overture, or a Draught of an Act, Intituled, An Act for Security of the True Proteſtant Religion, and the Government of the Church, as by Law Eſtabliſhed within this Kingdom, was Read, and Ordered to be Printed.

While this Overture was preparing in the Parliament; and after it was printed, there was no ſmall Endeavours uſed to poſſeſs the Minds of the People, that it was not a ſufficient Security for the Church.

[47] There had been ſome Suggeſtions ſpread, that the Parliament would put them off, without effectually ſecuring the Church; and all poſſible Care was taken to improve this Notion, and the People were agitated on that Head, as much as poſſible: Some ſaid, the Overture ought to have been drawn up by the Commiſſion, not by the Parliament; and that it was leading them on in the Dark, with a general Vote, that an Act ſhould be paſs'd, without letting the Church judge, what was ſufficient for her Security, and what not.

It was urg'd againſt this, That the Commiſſion had mentioned in their Addreſs, the Heads in which they ought to be ſecured; and there was no doubt, but the Parliament would make that Ad⯑dreſs the Foundation of the Act of Security; That, if there was any thing wanting, they would have time enough to renew their Addreſs, for the adding ſuch things, as they judged reaſonable; and that therefore they ought to ſtay, and not Interfere with the Proceedings of the Parliament, whoſe proper Work it was, to pre⯑pare their own Acts.

But this did not ſatisfy ſome People, who inſiſting on the Com⯑miſſions concerning themſelves in it; The Committee for Publick Affairs moved, October 25. in the Commiſſion, that ſome Members might be appointed, to ſee what the Parliament Men had prepar'd for the Security of the Church.

This was the Time, in which the Debates in the Commiſſion run higheſt, and when ſome of the Elders, taking Offence at the Warmth of ſome of the Miniſters, withdrew themſelves from the Commiſſion;—But wiſer and more moderate Heads interpoſed, and prevented the ill Conſequences of theſe things, as will after⯑wards appear.

Upon Inſpecting the Overture for Security of the Church, and Viewing the Proviſion made there for ſuch Security, the Members of the Commiſſion, who were appointed as above, Reported, That there were ſome Difficulties remaining, which they deſired might be Conſidered.

Theſe Difficulties began a warm Debate in the Committee of the Commiſſion, which were Reported as Conſidered by the Commit⯑tee; and are as follows,

1ſt, That it would ſeem, That the Sovereign of Great-Britain, in the Coronation Oath, is to be Sworn to Maintain the Rights and Pri⯑vileges of the Church of England, as by Law Eſtabliſhed, without any Reſpect to the Church of Scotland. 2ly, That, by the Oath of Abjuration taken in England, obliging to Maintain the Limitations of the Succeſſion, and Qualification of the Succeſſor to the Crown, the Taker ſeems to be obliged to endeavour, to the outmoſt, the Secluſion even of ſuch Proteſtants from the Crown of Great-Britain, who are not of the Communion of the Church of England, as now by Law Eſtabliſhed there. 3ly, Several Difficulties being propoſed, with relation to Oaths, it was diſcours'd, how a Bar may be put to the Britiſh Parliaments Impoſing Oaths upon the Miniſtry and Peo⯑ple [48] of Scotland, Inconſiſtent with the Principles of this Church. 4ly, That the People of Scotland may be exempted from the Sacra⯑mental Teſt, in Uſe in England, which ſecludes all from any Office in Britain, or Benefit from the Crown thereof, who are of the Com⯑munion of the Church of Scotland; and ſome other things, which was thought, might be uneaſy, and of Dangerous Conſequence to this Church, if not provided againſt in the Concluſion of the Uni⯑on: And theſe things being Diſcours'd upon at great length, were again Referred to the Committee for the Publick Affairs of the Church, to be further Conſidered, and they to Report.

The Committee, to whom this Affair was Referred, Reported, That they have had ſeveral Meetings, and Diſcours'd at great length upon the Four Particulars relating to the Union, and heard ſeveral Miniſters and others upon their Scruples thereanent; and likeways upon a Fifth Particular, That the Conſtitution of the Britiſh Parlia⯑ment, where Twenty Six Biſhops do Sit as Members, ſeems to be Inconſiſtent both with the Principles of Presbyterians, and the Co⯑venants and Engagements of this Church and Nation.

It would be too long to ſet down here, how the Commiſſion was dayly Beſieg'd with Clamours and Cryes, raiſed upon the Jealouſics of the People;—And how they were urged to all manner of im⯑proper Reſentment, upon the Allegation now raiſed againſt the Security of the Church, as it was offered in the Overture: This De⯑bate riſing ſo high, I think it not improper to print the Overture it ſelf, as it was firſt drawn up, as well as when it was with Amend⯑ments Engroſſed; The firſt Draught therefore you will find in the Appendix, No. F x.

I ſhall forbear entring here into any of the Heats and Indecencies which paſſed upon this Debate, ſince they came to no Extraordinary Height; and the Wiſdom and Forbearance on both ſides, prevent⯑ed the Evil Conſequences which ſome hoped for from them.

The ſecond Addreſs of the Commiſſion had its Birth in theſe Diſ⯑putes; and tho the Enemies of the Union expected great Things from it, yet, as it came out quite another Thing than they deſigned, having been reduc'd to Shape, and ſtrip'd of all its Monſtrous Figure, in which it was expected to come into the World, it had two Con⯑ſequences, which ſerv'd to aſſiſt even againſt the Party, that pro⯑miſed themſelves ſo much Good from it.

1ſt, It convinced the World, That however it was ſpread abroad, that the Commiſſion would violently oppoſe the paſſing the Act of Security, as a Thing of no Conſequence, and ſo put a full Stop to the Work; it was evident, the Commiſſion was not to be Blinded by Out-ſides, nor Screwed up by Parties; but that, Calm and clear Sighted, they would go on, in all Caſes, with the ſame Gravi⯑ty, Conſideration and Temper, which they had ſhown from the Beginning.

2ly, It obviated the great Debate about the Church here ſubmit⯑ting to the Epiſcopal Juriſdiction of the Church of England, or to the Votes and Suffrages of the Biſhops in the Britiſh Parliament, in [49] that, tho they did not Interfere, or Preſcribe to the Parliament, yet they Exonerated their Conſciences, and the whole Church of Scot⯑land, by making, as it were, a Proteſt againſt it, as what they would not be underſtood to Comply with, either now, or by any Action in time coming, which ſhould be the Conſequence of the Union.

Thus the Difficulties, tho reſolv'd to be preſented to the Parlia⯑ment, yet came out in a Modeſt and Humble Dreſs, ſuitable to the Dignity, as well as Diſtance, of the Aſſembly, to which, and from which, it was preſented; and yet it came out in a Dreſs, which ſome Gentlemen of the Commiſſion, particularly of the Ruling El⯑ders, did not Approve of.

Some would have had this Addreſs been called a Proteſt, but the Moderation of that Reverend Aſſembly cruſh'd that Motion; and after ſome Debate, it obtain'd the Title of the Repreſentation and Petition,—and was Reſolved on in the Commiſſion the 8th of November, and the ſame Day preſented to the Parliament. The exact Copy of this Paper, you will find in the Appendix, No. G x.

When this Paper was Agreed on in the Commiſſion, the Earls of Rothes and Marchmont, Lords Polwarth and Forglen, Sir James Camp⯑bell, the Lairds of Jerviſwood and Ardkinlaſs younger, and ſeveral other of the Gentlemen, who Sat there as Ruling Elders, Declared their Diſſent, and Entered their Proteſt againſt it, taking Inſtru⯑ments in the Hands of the Clerk of the Commiſſion; and promiſed to give in the Reaſons of their Diſſenting, which accordingly they gave in on the 15th of November.

Upon the giving in theſe Reaſons by the Elders, the Commiſſion appointed a Committee to wait upon the Elders; and to know, if they inſiſted upon having their Reaſons for Proteſting Recorded; and to ſignify to them, That, if they did, the Commiſſion would be obliged to draw up their Anſwer to thoſe Reaſons, and to Re⯑cord the ſame likewiſe.

The Committee never obtain'd an Anſwer from the Gentlemen; in a Body; but as many as they met with, gave for Anſwer, That they did not inſiſt poſitively on it, but left it to the Commiſſion; either to Record it, and Form Anſwers to it, or not, as they ſaw moſt proper.

The Committee having Reported this, the Commiſſion did, at laſt, think fit to Record the Proteſts, and the Reaſons annexed, and drew up their Anſwers to them, tho they waited two Months be⯑fore they entered it; which, becauſe they are very material to a right Underſtanding of the preſent Debate, I have annexed to this Work, in the Appendix, No. H x I x.

I think the Reaſons and Anſwer are a ſufficient Comment upon this Text; and whoever pleaſes to peruſe them, will ſee, that tho the Deſigns of wicked Men pointed much farther, yet the Commiſ⯑ſion, both Miniſters and Elders, were wholly influenc'd by Prin⯑ciples of Peace, Honour, Conſcience, and the Good of the Church.

[50] I know, ſome thought the Church went too far in this Affair, and eſpecially in the Matter of the Sacramental Teſt, which ſeem'd a Thing perfectly remote to them, and what they could have no Concern at all in; And the Gentlemen, in particular, were yet more willing than the Miniſters, to have let both that, and the Mat⯑ter of the Civil Power of the Biſhops quite alone.

But if we ſhall conſider, how the Miniſters were dayly beſieg'd, as before, with the Importunate Violences of the People; How many among them really, thought this part in particular directly againſt the Covenant; and how, by falſe Reports, many had been ſo Impoſed upon, as to Believe the Sacramental Teſt in England, extended even to the Members of Parliament, which ſhould be ſent from Scotland.

When, I ſay, they conſider the Fears and Jealouſies, which over⯑ſpread all ſorts of People; and how far the Artifices of a wicked Party were, at this time, in their Meridian, and had inexpreſſible Influences on all ſorts of People, they will, with me, admire, that the Commiſſion was able to maintain their ſteady Reſolution; How they Work't thro' thoſe Flouds, and kept the middle way with Temper and Moderation, to preſerve themſelves from the Snares laid for them.

All theſe things conſidered, it was, in moſt Peoples Opinion, a Victory gain'd, and the Party received a manifeſt Diſappointment, even in this Repreſentation, in that the Commiſſion could be brought to no Precipitations, as ſome People flattered themſelves they ſhould.

However this may be the general Opinion, I know ſome People took ill the Length they went in this Affair, and thought they ex⯑ceeded their proper Sphere;—But, I believe, thoſe Gentlemen are very well ſatisfied with the Unanſwerable Arguments drawn from hence againſt thoſe, who, not content with this Length, thought to Upbraid them with Forgetting the National Obligation of the Co⯑venant, which they fairly quitted themſelves of by that Article, in which they declare Civil Places of Church Men to be not ſubmitted to by them, but againſt both their Covenant and Conſciences, and ſo have fairly Exonerated the Church from that Affair, which ſtuck ſo near her.

The Repreſentation was preſented to the Houſe, juſt when the Overture for the Security of the Church was under their Conſiderati⯑on; and however it did not, at preſent, meet with a very favou⯑rable Reception, even by thoſe who were the Churches very Good Friends, who thought, as before, they run it too high, and alſo ill tim'd it; yet neither did the Gentlemen wholly omit the things requeſted therein, tho they ſeem'd to ſleep for ſome time; but par⯑ticularly the Clauſe about the Valuation of Teinds and Plantation of Kirks, which they paſs'd an Act for by it ſelf: The Matter of Oaths ſeems alſo ſettled in the Amendments to the Overture: The other, as the Matter of the Sacramental Teſt, and the Suffrages of [51] Biſhops in the Britiſh Parliament, was ſilently let fall, as things they could, by no means, meddle with in the Treaty.

Here the Oppoſers of the Union met with another Diſappoint⯑ment; For, had theſe Two Articles been inſiſted on, they knew the Event would have been a Rupture of the Treaty, and their great End had been Anſwer'd, viz. To obtain the Parliament to demand ſomething, which they knew England could never grant.

Thus this Storm blew over, the Act of Security for the Church was Voted, and laid by to be annexed to the Articles, and made part of the Union, as ſhall afterwards appear.

As this had made a great Noiſe in the Aſſembly, ſo it had been no leſs canvaſſed all over the Nation: Some condemned the Aſ⯑ſembly in the main, and pretended to cenſure them publickly, for engaging themſelves in Matters, that had ſo plain a Tendency to breaking up the Union, and deſiring the Parliament to concern them⯑ſelves in thoſe Affairs in England, which could really admit of no Debate in this Caſe.

But, as if the Commiſſion wanted the Authority of their Conſti⯑tuents to back them in their Proceedings, and to juſtify their Con⯑duct, the reſpective Presbyteries in the Country began to come in with Letters, or a ſort of Addreſſes, teſtifying their Approbation of what the Commiſſion had done, &c. But the Commiſſion diligent⯑ly avoiding every thing that was Tumultuary or Popular, gave a cold Anſwer to them; as particularly, to that of Dumfermling, who ſubjoyning to their Approbation of the Petition their Deſire a⯑bout Faſts Publick and Private, as in a Time of Impending Dan⯑gers; The Commiſſion Reſolved, That their Act about Faſts paſt be⯑fore, did ſufficiently Anſwer the Presbyteries Deſire, and ſo took no notice of the reſt; which prudent way of Proceeding ſtopt that Deſign, which ſeem'd to be only to make the Repreſentation as Po⯑pular as they could, that it might, on the one Hand, encourage further Petitions, and ſecondly oblige the Parliament to come into their Meaſures.

While this was thus carrying on in the Commiſſion, the Country began to be very Uneaſy, and Threatnings came in every day, of coming up in Armies and Rabbles, to raiſe the Parliament, and to deſire, that the Church might be ſecured.

The Presbyteries of Glaſgow and of Stirling ſent Letters to the Commiſſion, containing Heads of Grievances, and repreſenting ſe⯑veral things, which they deſired the Commiſſion to demand of the Parliament, for the Churches Security.

To this the Commiſſion of the Aſſembly anſwer'd, That they had done, or were now doing, all that was deſir'd in their Letters.

An ill natur'd Motion was made in the Commiſſion alſo, to ſend Circular Letters to all the Presbyteries, to ſend up their Members to the Commiſſion, and a Committee was appointed to conſider of it;—But this occaſioned ſuch Variety of Debates, That the Com⯑mittee could come to no Reſolution, but referred it back to the Commiſſion, and there it dropped.

[52] This was a plain Deſign to renew the Debates; and, if poſſible, to bring the Commiſſion to proteſt, or declare themſelves againſt the Union.

The Repreſentation was now before the Parliament, but, as yet, they took no notice of it; and it was apparent, That they purſu⯑ed their Treaty, for ſome time, without any reſpect to the ſaid Repreſentation; and indeed it was foreſeen they would do ſo, the Gentlemen eaſily ſeeing, that, if theſe things were inſiſted, it was juſt a Reſolution to break off the Union.

The other Party eagerly Reported about Town, That it was a Diſreſpect to the Church, not to regard her Solemn Repreſentation; and then the Conſequences of the Biſhops Voting in Parliament were laid forth, and the Danger of the Church was now their general Diſcourſe: Some were alarm'd with this Chimera, That the Par⯑liament had not a ſincere Reſpect for the Churches Safety; That the Gentlemen had no great Concern about the Matter, and ſo the Church would be Expoſed to her Enemies, by the Negligence of her Friends.

But the Commiſſion ſaw thro' all this; and having done what they thought their Duty, both for the Churches Security, and for the Exonerating their Conſciences in the Caſes they could not com⯑ply with, they reſolved to ſtand ſtill, and leave the Conſequences of Things to-Divine Providence, without puſhing at Things Im⯑practicable, or ſuch Things as tended only to Diviſion.

This Steadineſs of the Miniſters broke all the Meaſures of the Par⯑ty; Their Hopes to Embroil the Miniſters with the Parliament va⯑niſhed;—And the Diſcourſe of the Repreſentation or Petition began to grow old and die.

The Commisſion had their Hands full of their Repreſentations of another ſort, about the Growth of Popery, the ill Practices of ſome of the Depoſed Miniſters, and the like, and ſo it wore off by Degrees.

I mention, in this Account, the Prudence and Moderation of the Miniſters ſo often, not that I deſign to write Panegyricks here, much leſs to flatter the Perſons of the Miniſters; but who ever knew the Management of that Time, and reflects back on the Particulars, will eaſily joyn with me in this,—That there were ſeveral parts of Management practiſed upon the Miniſters, in order to ruine their Counſels, beſides what the Open Debates of the Commisſion diſcovered, and particularly ſuch as follows,

1. There was a Deſign, if posſible, to bring the Miniſters into a general Declaration againſt the Union, as dangerous to their Li⯑berties, inconſiſtent with their Principles, and contrary to the Obli⯑gation of the National Covenant; Of this I have ſpoken in the Courſe of the Story.

2. There was a manifeſt Deſign to bring them to a Rupture a⯑mong themſelves; and that, if poſſible, ſuppoſing the Union ſhould proceed, or not proceed, the diſagreeing Party might be brought to a breaking off, or dividing from the reſt, and ſo form a ſettled ſtated Diſſent, or Breach in the Church;—Nor was this [53] a thing of ſmall Conſequence; For it was really big with a large Variety of Miſchiefs, and very cunningly contriv'd; Snares were laid for the whole Body, not of the Aſſembled Miniſters only, but the Conſtitution of the Church of Scotland, whoſe Deſtruction was almoſt viſible in the Project, had it met with Succeſs.

Had the Union been compleated without the Concurrence of the Miniſters in Commiſſion,—either the Church Affair muſt have been left out, or the Enemies of it would have always ſaid, it had been ſettled without her Approbation, and conſequently the Settle⯑ment been both Imperfect and Illegal.

Had one Party declared for the Union, and another againſt it, and, had both thoſe Parties adhered to their reſpective Declarati⯑on, by any publick Separation as a Party, the Houſe had been di⯑vided againſt it ſelf, and the Conſequence would have been hoped for with but too much probability.

In this very Caſe, the Prudence of the Miniſters, I ſay, was re⯑markable, and next to the Wiſdom of Providence directing, was the only means of preventing the Miſchief contrived: It is not to be doubted, but, in the Commiſſion of the Aſſembly, and among the Miniſters without, there were men of various Sentiments, ſome a⯑gainſt, and ſome for the Union; But their Wiſdom was particu⯑larly ſeen in this, that however they differed in the debating things, they always concurr'd in every publick Act of the Commiſſion, and made no Diviſion for nor againſt it.

We find but one Proteſt in the whole Affair, which was in the Caſe of the Repreſentation and Petition; and this began among the Ruling Elders, and continued there; for none of the Mi⯑niſters ever adhered to that Proteſt, but even thoſe that were againſt ſome parts of the Repreſentation, yet, ſeeing themſelves out-voted, acquieſc'd; Nor was all the Repreſentation objected againſt by any Body;—It was a Paper, I doubt nor, ſome hoped to draw Miſchief from, yet that Miſchief had its Diſappointment effectual⯑ly, tho the Paper had its Succeſs, in being carryed on; for it ap⯑peaſed the Minds of many, who, being ſatisfied of having Exone⯑rated their Conſcience, acquieſe'd in other Caſes with the more Free⯑dom; Nor was the Repreſentation in general without its Particular Reaſons to be aſſigned for it, as is further expreſs'd in the Sequel of the Story: As to the Miniſters in all other Caſes, how warmly ſoever they debated, and with whatſoever Firmneſs the ſeveral Miniſters adhered to their Opinions, yet they ſubmitted their Votes to the Plurality, and all things were carryed in a regu⯑lar and orderly way, to the great Diſappointment of their Enemies, and to the great Eaſe and Satisfaction of all good Men of every Opinion.

Nor ſhould I do Juſtice here to particular Perſons, if I did not acknowledge, and record it to his Honour, That much of this is juſtly due to the Prudence, Patience and Temper of the Reverend Moderator Mr. William Wiſhart, then Miniſter of Leith, who was Moderator of the Aſſmbly, and alſo of the Commiſſion, and who [54] acted the true Moderator in all theſe Diſputes wiſely, Calming, Tempering, and with Difficulty enough, Reducing the warmeſt Debates to a Method of Concluſion;—And I muſt owne, he had a Task of no ſmall Difficulty, tho he had, no doubt, the Con⯑currence and Aſſiſtance of the Men of moſt Candor, Temper and Judgment on either ſide, ſince it could not but be viſible to every Thinking Man, who had any Concern for the Good of the Church, that, to run any Differences up to a Head, could iſſue in nothing but the utmoſt Confuſion, gratifie the Enemy, grieve all Good Chri⯑ſtians, and in the end ruine the Peace of the Church.

And this Remark of mine is the more juſt, in that I could not but obſerve, that the Debates on theſe Affairs had ſometimes that unhappy Warmth, that they ſeem'd to tend neceſſarily to a Breach; and to come to the very point, and Lookers on, of whom I was one with a ſad Heart, expected ſomething Fatal, not to the Union only, but to the whole Church, muſt unavoidably have follow'd every Debate;—and yet we always found cooler Thoughts pre⯑vailed, and wiſe Men yielding this way and that, continually main⯑tained a Harmony, in concluding what ever there was in debating.

Another piece of Conduct was very Inſtrumental to preſerving the publick Tranquillity, viz. That the Miniſters generally ſpeak⯑ing, kept theſe Debates out of the Pulpit; For tho all manner of Society was taken up with Diſputes of the grand Affair, the Pulpit was very free of it; I ſay, generally ſpeaking, what Indiſcretions there were, had not Influence enough on the reſt, to recommend the Example;—Particularly, I think it was a very great Wiſdom in thoſe Miniſters, who were for the Union, and who had many Prompters to it, had the Government to countenance them in it, and Enemies enough to catch at it, if they had; I ſay, it was their Wiſdom that they forbore it;—And I think theſe happy Conſe⯑quences followed to prove it ſo.

1. It took away all pretence from thoſe People, who deſigned, in this unhappy Game, to play one part of the Church againſt the other, and ſet up one ſide againſt the other more effectually.

2. It took away the Ground of Pulpit Clamour, and kept thoſe People ſilent, who, had it once begun there, would have been loudeſt by far in the Exclamation;—For, had one Party firſt preached for it, the other would, of Courſe, have preached againſt it, and ſo the Pulpit been made a meer Stage of Contention.

But, on both ſides, the Miniſters, as well on private as publick Days, let it generally alone; They prayed for Direction and Bleſ⯑ſing on the Parliament, and on the Meeting of the Miniſters, as tranſacting difficult and doubtful Caſes, but avoided entring into Debates.

I think I do them nothing but Juſtice therefore, in hinting, that the Temper and Calmneſs, with which the Generality of the Mini⯑ſters behaved in this nice Occaſion, was very great, and contribut⯑ed very much to the quiet carrying on the great Work.

[55] Soon after this, the Country Tumults came upon the Stage; and, as it was a Peculiar to this Treaty, that the very Methods taken to ruine it, concurred to preſs it forward; ſo theſe Tumults ſerved to open the Eyes, and calm the Spirits of abundance of thoſe honeſt People, who were prejudiced before; who, tho they were willing to oppoſe the Union, as what did not correſpond with their Opi⯑nions, and as they thought with the publick Good; yet, when they ſaw it going to Arms, Rebellion, and Blood; and when they ſaw this farther, that, in order to oppoſe this National Conjuncti⯑on, they were to joyn in a Civil War againſt their Governours, with their and the Nations known Enemies; Their Eyes began to open, and they ſlackned very much, from that time, their Appearance againſt the Treaty.

This manifeſtly ſhewed the difference between the Men, who, in the Singleneſs of their Hearts, oppoſed it, as apprehending it un⯑ſafe for the eſtabliſh'd Church, and inconſiſtent with their National Engagements; and thoſe, on the other Hand, who oppoſed it, as contrary and fatal to the Popiſh Succeſſion of James VIII, as they called him, and the Epiſcopal Hierarchy:—And theſe differed juſt as the Two Harlots in Solomons time;—The true Mother of the Child choſe to loſe her Poſſeſſion of him, rather than that the Child ſhould be murthered; ſo theſe faithful Friends to their Coun⯑try, however poſſeſſed againſt the Union by the publick Clamour; yet they would chooſe to ſuffer the Inconveniencies they feared, ra⯑ther than ſee their Country involved in Blood, a Civil War break⯑ing out in the Bowels of the Kingdom, and Forreign Popiſh, or Ty⯑rannical Powers invading their Privileges, and pulling down all before them.

This will appear to be the Caſe, in the farther purſuit of the Sto⯑ry; and the ſight of this affected the Hearts of a great many of thoſe, who had any Compaſſion for their Country; and from this time forward, the Commiſſion met with leſs Diſturbance from the hot People on theſe Heads, but went on calmly, and with all the Temper and Moderation that could be expected.

The Letter from the Presbytery of Hamilton gave them ſome little Diſturbance, but it was ſoon over; and their Circular Letter to Presbyteries, to endeavour to preſerve the publick Peace, not only ſhewed their own Reſolution to keep all quiet and peaceable, but diſcouraged all Endeavours afterward to diſorder them: Of which by it ſelf.—

But things were now grown to a ſtrange Height; and the ſame Engines, who ſo boaſted of the Effects of the Repreſentation and Petition above ſaid, ſhewed themſelves not idle in their Manage⯑ment of Affairs abroad; for they carryed on the Diſcontents of the People to all poſſible Height.

And indeed the Caſe of the poor common People of Scotland was very hard, in reſpect to their Share in theſe Matters; They are not the only common People in the World, who take Things by whole Sale; and who being inflamed with the Clamours and Ar⯑guments [56] of the more knowing ſort, their Land-Lords, Leaders, Heads of Families, and, as they too properly call them, MASTERS, and alarmed with Out-cries of Dangers, and Diſtreſſes; which were to come upon them by the Union; Things which they could not Anſwer, nor had any Reaſon to queſtion the Truth of, ſeeing their great Men poſſeſſed with the Belief of them: 'Tis no wonder they were exaſperated to the higheſt Degree, and ready to attempt any thing, to ſave themſelves from the Deſtruction at Hand.

Again, they were not altogether the People, that were diſagree⯑able to them neither, from whom theſe Diſcontents began; Had they been only the Epiſcopal, or Jacobite, or Popiſh Party, that had ſtarted theſe Things, a ſhort Anſwer would have opened the Eyes of the common People; and it had ſufficed to tell them, from whom their Objections came.

But when, by the Subtilty and Artifice of theſe Men, they had drawn in a great many of the Honeſt Well-meaning People of the Country, who were known to be well affected to the preſent Civil Eſtabliſhment of the Nation, and zealous for its Religious Eſtabliſh⯑ment; when theſe were ſeen among the Number of the Warm Op⯑poſers of the Union, ſhaking their Heads at the Articles, and fright⯑ed at the terrible Conſequences, which were talk'd of;—Who can wonder, that the reſt of the People began to be uneaſy, and that thoſe Uneaſineſſes, at laſt, broke out into Exceſſes, Madneſs, and Diſtraction.

The People of Scotland, I ſay, are not the firſt Inſtance; How eaſily it is to be impoſed upon; and how readily a Mob is raiſed by a Rumour. How ſoon did the Jews of Aſia put all Jeruſalem in an Uproar, when they made them believe their Worſhip was in Danger by Paul's Preaching; and that he not only invaded their Worſhip, but had actually defiled the Temple. How readily did they lay hold of the Bleſſed Apoſtle, and had certainly Murdered him, if the Civil Authority had not, aſſiſted by the Military, reſcu⯑ed him out of the Hands of the Mob, and put the Caſe in the way of a fair Hearing.

It was not for the poor People, to diſtinguiſh the Original of Cauſes and Things, nor who was at the Bottom of theſe Rumours; it was not for them to diſtinguiſh the Hand of Joab in all this; whether Jacobite or Papiſt was the Original of this Matter, was not for them to examine; They ſaw their Superiors joyning in the ſame Complaint, and every Party ſaw ſome of their reſpective Chiefs embark'd.

The common People could look no further; The Epiſcopal Poor ſaw their Curates Tooth and Nail againſt it; The Ignorant and Indifferent Poor, ſaw their Jacobite Land-Lords and Maſters Railing at it; and which was worſe ſtill, the Honeſt Presbyterian poor People ſaw ſome of their Gentlemen, and ſuch as they had remarked and noticed to be Hearty Presbyterians, yet appearing a⯑gainſt it;—Who then can cenſure the poor depending, uninfor⯑med and abuſed People?

[57] And how, but by theſe concurring Accidents, was it poſſible, the poor deluded People of Glaſgow, and the Weſt, could be drawn in⯑to Mobs and Tumults, in Gratification of that very Party, to whom they have been the very Antipodes, the Reverſe, even in all the Ages of the Reformation: By whom they had been Plundered, Rifled, Butchered, and Perſecuted, in the moſt Barbarous Manner, with Cruelties and Extravagancies innumerable; Will any Man ſay, the Men of Glaſgow, Famous for their Zeal in Religion, and the Liberties of their Country, even from the very Infancy of the Reformation, were now turned Enemies to the Church of Scotland, and ready to Fight againſt her, in the Quarrel of their Bloody and Inveterate Enemies, the Papiſts and Jacobites? It could not be.

Will any Man ſuggeſt, That Glaſgow had forgotten her ſelf ſo much, that the Blood of her Citizens and Inhabitants, ſhed in the old Articles of Pentland, and Bothwell, and the Ravages made up⯑on her, and the Countries round her, after thoſe Unhappy Times, even to the Confines of the Revolution, were forgotten?—Will any Body think, the Glaſgow Men had ſo far forgot the Hiſtory of Twenty Years ago only, that they could now joyn with the Mur⯑derers of their Brethren and Fathers, and take up Arms in favour of their Mortal Enemies? No, No, Nothing leſs, It was all Delu⯑ſion and meer Artifice, the Party played the Presbyterian againſt the Presbyterian, the Williamite againſt the Williamite; and hav⯑ing ſubtilly poſſeſs'd a few Honeſt, but Deluded People, with the Frenzy of the Time, made them the Tools of their Projects, if poſ⯑ſible, to bring them to pull down one another, that they might af⯑terwards, with the more Eaſe, devour them both.—

And this leads me of Courſe into the Story of the Glaſgow Rabble, which now came upon the Stage; and which, in its Turn, tho raiſed with a differing Deſign, was one of the Proofs of GODs Providence, working every thing, howſoever pointed at the Ʋnion, to Act for it, and further its Concluſion.

They had had in Edinburgh continual Alarms of the Riſing of the People in the Weſt and North parts, in order, by Force, to put an end to the Treaty, tho the People themſelves knew nothing of it, nor had any ſuch Deſign: To day it was in Angus, to mor⯑row in Galloway, now at Stirling, then at Lanerk, then at Hamil⯑ton, then at Glaſgow, but nothing yet appeared; and ſome began to mock theſe Fears as groundleſs:—The Party made their different Uſes of the Reports, to day enlarge them to terrify and amuſe, to morrow leſſen them again as meer Rumours, to leſſen the Watchfulneſs of the Government, and make them ſecure; but the Deſign was manifeſtly to procure the Tumults they expected, by reporting they were begun.

That theſe Fears were not groundleſs, or thoſe Alarms meer Chi⯑mera's, may be ſeen by the Commiſſion of the Kirks Circular Letters to the ſeveral Presbyteries, to deſire them to keep the Peace, and to be earneſt to prevent ſuch Tumults; To which the Presbytery of Ha⯑milton [58] gave an Anſwer, which ſeemed to object againſt thoſe Fears as unjuſt, tho it did not afterwards appear ſo. Vide the Appendix, N. M.

And now, tho in the Story of the Glaſgow Rabble, I ſhall be obliged to mention the unhappy Slip in thoſe Prudentials, which, as I have obſerved, the Miniſters, generally ſpeaking, behaved with;—I ſhall not, however, offend any Perſon of common Charity, ſince I ſhall be far from ſaying, the Gentleman here did this with a Deſign to raiſe the Tumult that followed; much leſs would I ſo much as ſuſpect, that he could, in the leaſt, have it in his Thoughts, to gratify the Folly and projected Deſtruction of the Kirk of Scot⯑land, which, in all theſe things, was apparent enough in the ſe⯑cret Party that puſhed on theſe things.

As to the Raſhneſs and Intemperate Zeal, or whatever other miſta⯑ken Foundation it had, producing the Heat and Warmth of the Ex⯑preſſion, I have the Charity to believe, he is convinced of the Er⯑ror of that; and ſo, while I am obliged to repeat the Circumſtance, I ſhall, as little as poſſible, reflect upon the Perſon, being deſirous, in all Caſes, rather to Cover than Expoſe the Undeſigning Failures of all Honeſt Men, as what they may be led into by Miſtake, but never proſecute, when their Judgments are better Informed.

But to come to the particulars of this Unhappy Story at Glaſgow, which I ſhall relate with all the Impartiality poſſible, and without Reſpect of Perſons, both for the ſake of the Hiſtory, which 'tis ne⯑ceſſary to Tranſmit faithfully to Poſterity; as alſo, for ſetting things in a true Light, and placing the Guilt where it is juſtly due, which, at preſent, is underſtood to the prejudice of that City in general; and of thoſe Honeſt Gentlemen among the Inhabitants, who had no Concern in it, unleſs it were to be Inſulted and made Uneaſy by it.

The firſt Uneaſineſs that I meet with among the People here, I mean that was particular, for the general Ʋneaſineſſes about the Treaty were viſible every where, as I have hinted already, was about Addreſ⯑ſing.

Great had been the Endeavours of a Party of Men, all over the Kingdom, to bring in numerous Addreſſes to the Parliament againſt the Treaty, in order to fortify that Argument, which was now brought in, as a ſtrong Bar againſt the immediat Proceeding, viz. That it was againſt the general Inclination of the People; which you will find Moved in the Houſe, upon the ſecond Reading of the firſt Article, as per the Minuts.

The Party at Glaſgow had been very buſy to perſwade the Magi⯑ſtrates to Addreſs, as the other Royal Burghs had many of them done; but the Magiſtrates ſhewing no Inclination to it, they found there was no way to bring it about, but by the common People.

Nor could all their Credit with the common People bring it to paſs; the Inſtruments being chiefly Jacobites, Papiſts, and Epiſcopal Peo⯑ple, whoſe Reputation and Intereſt in the City of Glaſgow, and parts adjacent, had always been but very low, and now lower than [59] ever; ſo that, to effect their Deſign, they had Recourſe to the Po⯑licy of the Times, viz. Deluding and Impoſing upon others, and this did their Work; for, had they not made uſe of ſome weaker Brethren, who had more Influence upon the People, they had never brought it to paſs.

To bring in ſome of theſe, all the Popular Arguments mention⯑ed before were Improved; among others, the Danger of the Kirk of Scotland, I believe I may ſay in their favour, was not the leaſt.

Drawn in by theſe ſpecious Pretences, the Jacobite Party had the Pleaſure to ly by, and ſee their Work done to their Hand; and the People being ſufficiently Enflamed, they waited the Iſſue, when one Unhappy Indiſcretion, to ſay no worſe of it, finiſhed all their Hopes, and brought to paſs the Miſchief they deſigned, in the beſt manner for them they could have wiſhed for.

Some of the Elders of the Church had privatly waited on the Provoſt, whether moved by their Miniſter, or by the common People, or of their own Heads, I ſhall not determine, tho 'tis not very diffi⯑cult to Trace it to its beginning; but 'tis apparent, the Miniſter we are to mention, as well as ſome others in the Town, were very ear⯑neſt for the thing; Their Buſineſs was, it ſeems, to move the Pro⯑voſt, that an Addreſs might be pretented to the Parliament againſt the Union; They might have commanded a Popular Addreſs among themſelves, but that was not what they deſired, but an Addreſs in the Name of the City by the Provoſt, Baillies, &c.

The Provoſt anſwered to this purpoſe, That he did not think it would be prudent for them to Addreſs at this time, that he had been at Edinburgh, and had conſulted the Lord Advocat, and ſome of the City of Glaſgows beſt Friends, and all unanimouſly adviſed them a⯑gainſt it, and gave it as their Opinion, it was not their Intereſt to do it: Particularly he reminded them, the Parliament had but, the laſt Seſſion, granted them the Tax of Two Pennies the Pint; and if they ſhould now appear as a Town in this Addreſs, it might urge them to Repeal their Grant, and the City might be a great Sufferer.

This was a very good Reaſon, why he ſhould decline the Addreſs, if the Gentlemen had been in a Condition to hearken to Reaſon; for if the Magiſtrates had Addreſſed, they muſt alſo have followed it with Reaſons and Arguments openly as a Body, which, in ſuch Caſe, would have been, in all Probability, ill taken by the Parliament, if, as is very likely, thoſe Reaſons had been ſuch, as came in from other places, peremptorily Inhibiting their Proceedings, and Im⯑peaching their Power to Act, without Leave from their Conſtituents, which indeed was the thing now inſiſted upon, and generally aimed at in the Project of Addreſſing.

The Provoſt having thus, tho very calmly and reſpectfully, de⯑clined the Matter, the People appeared very uneaſy, and ſome hot Expreſſions had been let fall in Diſcourſe about the Town, That they would have an Addreſs one way or other; But one Unhap⯑py Accident ſoon diſcovered the Meaning of the whole.

[60] On Thurſday the (left blank) day of (left blank) the Faſt appointed by the Commiſſion of the Aſſembly was kept in Glaſgow, Mr. C—k Miniſter of the Trone Kirk Preached from the Words in Ezra 8. 21. And I proclaimed a Faſt at the River of AHAVA, that we might afflict our ſelves before our GOD, to ſeek of Him a right Way for us, and for our little Ones, and for all our Subſtance.

I ſhall convince the Gentleman concerned, that this Account is not made for a Satyr upon him, 'tis too ſerious a Subject; and when both he, and thoſe who heard him, reflects on, how much more his Unhappy Temper, at that time, forc'd from him, than I ſet down here, all which I have by me verbatim, as he ſpoke it, he will, I ſay, be convinced, that I talk no more, than, in the Obligation of a Hiſtorian to Truth of Fact, I am bound to do.

In the Concluſion of his Sermon, after telling his Hearers the ſad Condition they were brought to, and how forward Glaſgow uſed to be in the Honeſt Cauſe, he added to this purpoſe, ‘Addreſſes would not do, and Prayers would not do, there muſt be other Methods; 'Tis true Prayer was a Duty, but we muſt not reſt there,—’ and cloſed it with theſe Words, ‘Wherefore up, and be Valiant for the City of our GOD.’

I am not at all apprehenſive of having the Truth of theſe Words queſtioned, having received them from the Mouths of more than two or three of the principal Inhabitants of Glaſgow, who heard them ſpoken; and if the miſplacing a Word ſhould be ſnatcht at, I venture to ſay, that this was the full Purport of the Expreſſion, without the leaſt Variation; as to the Weak Good Man that ſpoke them, I will not ſuggeſt, that he foreſaw the Conſequence of them, or had any ſuch thing in his Deſign, tho it calls for ſome Charity to gueſs his Meaning; The kindeſt thing I can ſay of them, is, that he did not mean at all what followed, but ſpoke in his Haſte; for GOD forbid I ſhould ſuggeſt he mean'd to raiſe a Rebellion, and to bring his Country into all that Blood and Confuſion, which, if GODs Goodneſs had not prevented it, had certainly followed.

The Sermon ended about eleven a Clock, and the People were ſo Enflamed before, that, by one of the Clock, the Mob were gotten together, their Drum was Beat in the Back-ſtreets, and all the Con⯑fuſions we are now to ſpeak of followed.

The next day, the Deacons of the Trades, which is the ſame as in London, the Maſters of the Companies, followed with a meddling Number of a Tradeſmen, came to b the Council-Houſe, and [61] leaving the People below, the Deacons of Trades and ſome few went up to the Provoſt, and demanded of him very rudely, if he would Addreſs.

The Provoſt, tho ſurprized with their manner, compoſed himſelf, and, according to his known Calmneſs and Steadineſs of Temper, told them, that he was not ſatisfied to Addreſs; and an Eminent Inhabitant of the Town, viz. The Laird of Blackhouſe, uſed a great many Arguments with them, civilly to perſwade them to be eaſy and ſatisfied, and not to promote any Diſorders in the City.

While they were thus Diſcourſing in the Town-Houſe, the Num⯑ber of the People encreaſed without, and began to be Tumultuous; but as ſoon as the Deacons came out, and Reported to them in ſhort, that the Provoſt had refuſed to Addreſs, the People fell a Shouting, and Raging, and Throwing Stones, and Raiſed a very great Uproar.

And here the Deacons deſervedly obtain the Title of the Raiſers of this Rabble; for, had they related the Calmneſs, the Reaſon⯑ings, and the Manner, with which the Provoſt very diſcreetly An⯑ſwered them, the People might very eaſily have been quietly diſ⯑miſſed; but now it was too late, the Anſwer, as it was given to them, was only in groſs, that the Provoſt was Reſolute, and would not Addreſs.

Enraged thus, they ſlung Stones at the Windows, and, as much as they could, Inſulted the Provoſt; but he found Means to with⯑draw, ſo that they could not hurt him for that time.

In this Rage, they went directly to the Provoſts Houſe, got into it, took away all his Arms, which were about twenty five Muſquets, &c. Some few things were ſtollen in the Throng, but that was not much: From thence they went to the Laird of Blackhouſe's Dwelling, broke his Windows, and ſhewed their Teeth, and thus the firſt Tumult ended.

The Provoſt retired for a while out of Town, and the Laird of Blackhouſe alſo, not knowing what the Iſſue of theſe things might be.

I pay no Complement at all here, but a Debt to Truth, in not⯑ing, that the Provoſt of Glaſgow for that time, (left blank) Aird Eſquire, was an Honeſt, Sober, Diſcreet Gentleman, one that had always been exceedingly Beloved, even by the common People, particular⯑ly for his Care of, and Charity to the Poor of the Town; and, at another time, would have been the laſt Man in the Town they would have Inſulted.

I mention this to obviate the Suppoſition, that the Rabble took this Occaſion to Inſult him, upon former Reſentments, as has been uſual in like Caſes.

The Provoſt being withdrawn, and the Addreſs they deſigned thus baulk'd.

They ſet it on Foot without him, and indeed they effectually An⯑ſwered the Magiſtrates Deſire, who reſolved, if there was an Ad⯑dreſs, it ſhould be a meer Mob Addreſs.

[62] Many a mean Step they took to get Hands, by Threatning, Af⯑frighting, and Hurrying People into it, Taking Youths and meer Childrens Hands to it.

Every Man that refuſed to ſign it, was Threatned to be Rabbled, and have his Houſe Plundered, which made a great many Timorous People ſign it, that did not approve of it.

This being the Method, it may eaſily be imagined, the Addreſs was not many days a finiſhing; and ſuch as it was, they ſent it away by four of the Townſmen, whereof the firſt two a were the Deacon of the Taylors, and the Deacon of the Shoemakers; The other two that went with it were Gentlemen, too well known to be ſuſpected of deſiring any ſuch kind of Tumultuous Proceed⯑ings, but complyed with their Deſire, in order to prevent worſe Conſequences.

If the Multitude of Addreſſes, which have been boaſted of, as a Declaration of the Averſion of the People to the Union, may be gueſs'd at by this, thoſe Gentlemen, who bring this as an Argu⯑ment, have ſmall Reaſon to Boaſt, and need not be very Forward, to have the Particulars Examined into.

The Addreſs having thus been ſigned, and ſent away, the Peo⯑ple begun to be quiet again, and the Tumults ſeemed to have an end; The Provoſt, who had fled to Edinburgh, came home again, and every one went quietly about their Buſineſs, till, a little while after, a new Occaſion ſet all in a Flame again, worſe than it was before, and made it appear, who was at the Bottom of it all.

And here the Warm Gentleman, who, from the Pulpit put the Match to this Gun Powder, may ſee who laid the Train;—The Triffle of Addreſſing was the leaſt thing they ſought for, tho that ſerved a purpoſe alſo;—And theſe good People, who were drawn in to begin it, ſaw no farther; but now it appeared to be all Jacobite and Papiſt at the Bottom; That Blood and Confuſion was the thing they drove at, and King James, Prelacy, Tyranny, Popery, and all the Miſchiefs this Nation has to fear from them, lay hid in the Deſign, as will preſently appear, and the poor Thought⯑leſs Multitude were only Hurryed into it, by a Conjunction of Mi⯑ſtakes.

The ſecond Rabble had a Beginning as ſmall as the firſt, tho not ſo ſoon laid, becauſe the firſt had only the Addreſs in View, and was managed by a few, that the Contrivers of thoſe Diſorders had Impoſed upon, and Deluded; but this part was under the more immediat Conduct of the very Party themſelves, and was intro⯑duced as follows.

[63] One of the Magiſtrates a of the City, had committed a b Fellow to the Tolbooth for Theft;—He had, it ſeems, been taken offering to Sale a Muſquet, or ſome other things, which, it was made appear, belonged to the Provoſt of the City, and which was taken out of his Houſe in the time of the Rabble above-men⯑tioned.

This Fellow lay in the Tolbooth for ſome time; but it was ob⯑ſerved, that, in an Evening, there would be ſeveral of the common People at the Window, talking to him thro' the Grates of the Pri⯑ſon;—The Provoſt apprehending, that the Impriſonment of this Fellow, might be a Pretence for a new Diſturbance, reſolved to diſcharge him; but, that it might not ſeem to be done for Fear, took a c Bond of him, to appear again, when called for, and, among the reſt of the People, who came to talk with him at the Grate, was one Finlay, a looſe ſort of a Fellow, who had formerly been a Sergeant in Dumbartons Regiment in Flanders, and who openly profeſſed himſelf a Jacobite, a Fellow that followed no Em⯑ploy, but his Mother kept a little d Change Houſe at the re⯑moteſt part of the Town on the Edinburgh ſide.

The Fellow had given his Comrades an Account, that the Magi⯑ſtrates had taken a Bond of him; and the next Morning, this Fin⯑lay, and a Rabble with him, comes up to the Clerks Chamber, another Office in the e Tolbooth, where the Magiſtrates meet, and there they demand this Bond of the Clerk, it being put into his Hands.

The Magiſtrates willing to take away all Occaſions of Tumult, and to leave them no Excuſe, ordered the Bond to be delivered up, for the Gentlemen Rabble had now the full Command of the Town.

But to let it be ſeen, that theſe were but ſeeking Occaſions, not⯑withſtanding the Provoſt had told them, they ſhould have the Bond delivered up; and they had now no Reaſon but to be ſatisfied, the Clerk having Orders to deliver it; They continued together, re⯑ſolving to Inſult the Provoſt, at his coming out.

The Provoſt not imagining any Danger, having granted their Requeſt, comes innocently out of the Tolbooth, and went toward his own Houſe; The Rabble immediatly gathered about him, [64] Thruſting and Abuſing him, and not with Villainous Language only, but with Stones and Dirt, and ſuch like thrown at him.

He would have made to his own Houſe, but the Multitude increaſ⯑ing, and growing Furious, he took Sanctuary in a Houſe, and run⯑ning up a Stair Caſe, loſt the Rabble for ſome time, they purſuing him into a wrong Houſe; However, they ſearched every Apart⯑ment to the Top of the Stair, and came into the very Room where he was; But the ſame Hand that ſmote the Men of Sodom with Blindneſs, when they would have Rabbled the Angels, protected him from this many Headed Monſter, and ſo Blinded them, that they could not find him: It is the Opinion of many of the Sober⯑eſt and moſt Judicious of the Citizens, that, if they had found him, their Fury was, at that time, ſo paſt all Government, that they would have Murdered him, and that in a manner Barbarous enough; and if they had, as we ſay of a Bull Dog, once but Taſted Blood, who knows where they would have ended?

The Provoſt was hid in a Bed, which folded up againſt the Wall, and which they never thought of taking down;—Having eſcap⯑ed this eminent Danger, he was conveyed out of Town the next day by his Friends, and went for the ſecond time to Edinburgh.

The Rabble was now fully Maſter of the Town, they ranged the Streets, and did what they pleaſed; No Magiſtrate durſt ſhow his Face to them, they challenged People as they walk'd the Streets with this Queſtion, Are you for the Ʋnion? And no Man durſt owne it, but at their extremeſt Hazard.

The next thing they did, was to ſearch for Arms in all the Hou⯑ſes of thoſe, that had appeared for the Union; And firſt they went to the Dean of Guild, and, upon his refuſing to give them his Arms, they took them away by Force; They ſtopt here a little, but having given out, that they would ſearch the Houſes of all that were for the Union, the Magiſtrates Aſſembled, and Conſider⯑ing, that, if the Citizens were Diſarmed, and the Rabble poſſeſt of their Weapons, they might, in the next place, poſſeſs their Houſes, Wives and Wealth, at their Command; and that it was better to Defend themſelves now, than be Murdered and Plunder⯑ed in cold Blood; They reſolved therefore to raiſe ſome Strength, to oppoſe this Violence, and accordingly ordered the Town Guards to be doubled that Night, and removed the place of Arms from the uſual Guard Houſe to the Tolbooth;—And that this Guard ſhould be of Select Perſons, ſuch as they knew.

Accordingly Orders were ſent to all the Captains of the City Militia, that each of them ſhould bring twelve Men with them, ſuch as, they could depend upon, would ſtand by them, to ſecure the Peace of the City; and this was beſides the ordinary Guard.

This was done readily, and with great Secrecy and Celerity, the Captains of the Militia being Faithful Honeſt Gentlemen, brought their Men without any Noiſe, Beat of Drum, or the like, and leav⯑ing [65] the ordinary Guard at the uſual a place, and were that Night encreaſed to a whole Company, and this Select Guard was plac'd in the b Council-Chamber.

The Rabble, who had reſolved to be as good as their Words, were now gotten together; and whether they thought the Magi⯑ſtrates were met in the Council-Chamber, and ſo they reſolved to begin with them; or whether they had Intelligence, that they were upon their Guard, is not certain; but about nine a Clock at Night they gathered about the Tolbooth, and ſeeing a Centinel plac'd at the Top of the c Stair, Finlay, of whom before, is or⯑dered to go up, and ſee what they were a doing, as he called it.

When he came to the Top of the Stair, the Centinel challeng'd him, and thruſt him back; but he comes on again, and thruſts in with the Centinel, and gets by him.

At this Juncture, one of the Citizens, who was privately appoint⯑ed to meet as above, was juſt coming up; and having paſs'd as privately as he could thro' the Mob, who were at the Stair Foot to the Number of about 100, being a Select Party only, for the reſt were not then got together, was going up the Stairs; This Gentle⯑man ſeeing a Fellow aſſault the Centinel, boldly ſtept up to him, and knockt him down on the Stair Head with the Butt End of his Muſquet, and immediately calls the Guard.

The Guard immediately took to their Arms, and headed by one Lieutenant Lindſay an old Soldier of King William's, but now a Burgeſs and Inhabitant of the City, they came down and drew up at the Foot of the Stair.

Some Pieces were Fired in the Street, but whether at the Guard or no, was not known; The Multitude was great by this Time, and being late at Night, it could not well be diſcern'd: But as they had all the Reaſon in the World to expect it, they fell reſo⯑lutely to Work with them, and Sallying upon the Rabble, they im⯑mediately fled and diſpers'd.

Having thus broke the firſt Body of them, it was obſerv'd, that they only fled from the immediate Shock, but ſtood in Throngs under the d Piazzas, and in the Heads of Cloſſes e, to ſee what the Guard would do; and that, with one Hallow, they could all be together again in a Moment, whereupon a Party was ordered down f every Street to clear the Piazzas and Cloſſes, and ſee [66] the Rabble effectually diſpers'd, which they did, but were all the way aſſaulted from the Houſes and out of the Cloſſes with Curſes and Stones; The former did not much Hurt except to the Givers, but the latter Wounded ſeveral of the Inhabitants, and ſome were very much hurt.

Had they been able to have renew'd this Guard, the Publick Peace had been maintain'd, and the whole Deſign of this Rabble diſap⯑pointed: But it is to be noted, theſe Gentlemen were all Citizens, Heads of Families, and of the principal Inhabitants; The Com⯑monalty was univerſally debauch'd, and not to be truſted, and the Gentlemen could not do Duty every Night, neither had all that were Zealous enough againſt the Tumults, either Bodies to bear the Fatigue of Soldiers, or Hearts to adventure; and thoſe that were Forwardeſt, could not be always in Arms:—This firſt Piece of Work was on Saturday Night, the next Night they re⯑liev'd the Guard by the like Select Number, and all was quiet; for, while theſe Men appear'd, the Rabble durſt not ſtir.

On Monday, the Magiſtrates Summoned the Town Council, and, ſending for the Deacons of the Tradeſmen, the thing propoſed was, What Courſe ſhould be taken to ſecure the Peace of the City, and keep the Magiſtrates and Inhabitants from Plunder and Inſult.

The Deacons of Trades, ſubtilly, and as appear'd, deſignedly, at leaſt ſuch of them as were in the Deſign, propoſed, That this Select Guard ſhould be omitted, and pretended to promiſe, That, if any Tumult happened, they would come to the Town Guard with their Men to defend the City; which, whoever obſerves how well they performed, will think it no Breach of Charity, to ſay they never de⯑ſigned it:—However, for this Week, there was no more Tumult, but the Mob reign'd Maſters, and Finlay, who now had made himſelf one of their Leaders, ſet up a Guard at the Upper End of the Town near the Cathedral, as it were in Oppoſition to the Town Guard.

This whole Week was ſpent in Amuſements, and raiſing Reports of the Riſing of the People at Stirling, at Hamilton, and in Angus; and that a great Army of them was to Rendezvous at Hamilton, from whence they were to March to Edinburgh, to raiſe the Parlia⯑ment: Finlay gives out, That he will March with all the Men of Glaſgow to meet their Brethren at Hamilton on the ſame Deſign;—by whoſe Aſſiſtance all this was done, the Government was too Merciful to make a narrow Enquiry, and ſo I muſt leave it as they did in the dark: Having brought the Folly and Madneſs of the poor People to ſuch a Height, Finlay actually gets together about 45 Men, or that was the moſt of the great Army he raiſed; and on the Friday following, this Contemptible Wretch having made himſelf their Gene⯑ral, Marches out of the City with them for Hamilton; they were Armed with Muſquets and Swords, ſuch as they had taken out of the Ma⯑giſtrates Houſes; and (wherever he procur'd it, for every one knows he had it not of his own) he Diſtributed to every Man a Dollar;—And thus in Arms againſt their Native Country, and the Pro⯑teſtant Religion, theſe poor Deluded People March'd away, under the Command of an Abject Scondrel Wretch, that openly profeſs'd [67] himſelf a Jacobite, and that, with his Good Will, would have ſeen all the Presbyterians in Scotland ruin'd.

But to ſuch a Paſs were Things now come, and who can Account for ſome Critical Junctures, in which Men may be brought to ruine themſelves with their own Hands, and never ſuffer themſelves to liſten to the Cautions of their Friends.

The Town, tho' rid of Finlay and his Vanguard, enjoy'd not the more Peace, or were in leſs Danger, for the Mob that remain'd kept up their Guard, threaten'd yet worſe things than had been done, and were afterward as good as their Words to a Title.

The Government, it may be ſuppoſed, were conſtantly acquaint⯑ed with thoſe things, and their Forbearance had not a little hearten⯑ed up the Party that puſh'd theſe Miſchiefs on; However, being loth to come to Extremities, they tryed Gentler Methods firſt, and the Lord High Commiſſioner having laid it before the Parliament, they immediately paſs'd an Act, Diſcharging the Muſtering of Troops in the Country during this Seſſion, and a Proclamation was publiſhed againſt Tumults, and both theſe were ſent to Glaſgow to be publiſhed.

It ſhould be noted here, That, by the Act of Security, any of the Nobility, Gentry, or Towns, might meet in Arms, Muſter and Ex⯑erciſe their Fencible Men, and the like, upon any Occaſion of which they were Judges; which was done in order to make the Militia of Scotland more Serviceable, or as ſome think in Terrorem to Serve a Cauſe; but be that as it will, it may remain undetermined; but, at this Juncture, the Parliament foreſaw, it might be a Handle for the drawing together any Number of Men at ſuch a Time as this, and might be dangerous to the Peace, wherefore they cauſed an Act to be brought in to Repeal that part of the Act of Security, for ſo long only as the preſent Parliament was ſitting.

When this Act of Parliament and Proclamation came to Town, which was on the Monday after Finlay's March, the Magiſtrates aſ⯑ſembled about ten in the Morning, and cauſed the Meſſenger that brought it to read it at the Croſs; Accordingly the Meſſenger goes up to the (a) uſual place, and read firſt the Act of Parliament, the Magiſtrates were below, and the Officers attending as uſual, and a vaſt Multitude of People were got together to hear what it was, be⯑fore the Officer had done, the People began to make a Noiſe, and throw Stones at him; but however, the Man went on, and read out the Act, and began the Proclamation againſt Tumults; but he had hardly read the Title of the Proclamation, when the Stones came ſo thick, there was no ſtanding it, and the poor Fellow not a little Bruiſed was driven off the Stair.

Upon this the Magiſtrates ordered one of the Town Officers to go up and Read, which he did as far as he could, but was in like manner [68] driven off by the Fury of the Stoning: In the Interim of this, the Magiſtrates had ſent for the Town Guard to protect the ſecond Officer in Reading; The Officer of the Guard ſeeing the other Officer abuſed thus before their Faces, commands his Men to fall upon the Rabble with the Clubs of their Muſquets, which they did, and knockt down ſome of them; but the Tradeſmen that were upon the Guard, in the very Action deſerted, and refuſed to obey the Command of their Officers, which ſo encouraged the Rabble, that they came on again with Shouts and Huzza's, and with Volleys of Stones they fell upon the few of the Guard that were Faithful, and drove them off from the Street.

The Officer that commanded them Retreated them into the Guard Houſe, but this was not a place to be defended againſt ſuch a Mul⯑titude, ſo in ſhort they broke in upon them and diſarm'd them, and well it was they came off without Blood,—ſome of them were very much Bruiſed with Stones.

The Rabble now fluſht with Victory, were in a terrible Fury, and this was the moſt Outragious Part of the whole Tran⯑ſaction; having diſarm'd the Guard, the next thing was to Storm the Tolbooth, immediately they get Ladders to the Windows, and breaking in, they ſeize upon 250 Halberts which are the Towns Arms; with theſe upon their Shoulders in Rank and File they Rov'd about the Streets, and made their Rendezvous at the Old Caſtle where their Guard was kept; Here they gave out, That, in the Afternoon, they would come down and Plunder the Mer⯑chants Houſes, nay, and threatened their Lives too, which put the whole City in an Unſpeakable Conſternation.

Nor were they wanting in ſome part of their Threatened Execu⯑tion, for about three in the Afternoon they Detach'd a Party of about twenty Men Arm'd, ſome with Muſquets, ſome with Halberts, theſe, with a Drum before them, came to the Croſs, and from thence took their March down the High Streets, breaking open the Doors and Houſes of who ever they pleaſed, pretending to ſearch for Arms, but Stole and Plundered whatever came in their way, and thus they continued till ten a Clock at Night.

They got not above thirty Muſquets, with ſome Piſtols and Swords, but the Terror of the Inhabitants is not to be expreſs'd, who were oblig'd to bear this Violence without Complaint; This ſmall Party was follow'd by a vaſt Throng of Boys and Idle Fellows like themſelves, which encreaſed the Fright of the Citizens.—

Having thus Ranged the City at Pleaſure till about ten a Clock at Night, they March'd away with the Spoil of their Maſters up to their Main Guard, from thence they Beat their Tatoo round the Town like a Gariſon; and indeed they were no leſs, for they had the City in their full Poſſeſſion, and every Bodies Life and Goods at their Mercy.

Their Rudeneſs in this pretended Search for Arms is not to be de⯑ſcribed, and had they met with any Oppoſition, no doubt it would have been worſe; They came into the Rooms where Perſons that lay Sick were juſt Dying, and put all things into inexpreſſible Con⯑fuſion; [69] They came into Chambers, where Women were Lying in, and Barbarouſly made them Riſe, pretending to Search under their Beds for Arms: In ſhort, except that there was no Blood ſhed, they acted the exact part of an Enraged Ungoverned Multitude.

But, to return to their Army of Fourty Five, which was all this while on its March; And were advanc'd as far as Kilſyth, on their Way to Edinburgh.

The Government, who had an exact Account of all theſe things, and who had tryed all the Gentle Methods of Proclamations, Acts of Parliament, &c. Finding to what Height Things were brought, and that nothing but Force could Remedy Them, prepar'd to be before-hand with theſe Forward Gentlemen; And having an Account both of their March and Number, The Lord Commiſſio⯑ner ordered a Detachment of Dragoons, joyn'd with ſome Horſe Granadeers of the Guard, under the Command of Colonel Campbell, Uncle to the Duke of Argyll, to March with all Expedition for Glaſgow.

Finlay, in the mean time being at Kilſyth, has Notice of the March of theſe Dragoons, within a few Hours after his Arrival there; And hearing no News of the great Parties of 5 and 6000, which he had perſwaded his Men would meet him there; And being alarm'd at the News of the Dragoons he ſends back—Campbell, another of the Ring-Leaders of his Rabble, to bring up the ſecond Body which was to be ready to fol⯑low, and which were Reported to be 400, but they Thank'd him, and Stay'd at Home; And with the reſt he March'd to Hamilton, where he Arriv'd on Sunday about Noon, the third day after his March from Glaſgow.

Here he Quartered his Army that Night, and finding, as before, none of the Friends that were to Aſſemble from all Parts, nor no News of them, he beſtow'd a Volley of Curſes upon them, and Marches directly back to Glaſgow, where he Arriv'd, to the no ſmall Mortification of his Fellows, on Wedneſday, the next day but one after the Plunderings I have related before; They had Halted at Rugland, a Burgh about two Miles from Glaſgow, where, as I ſup⯑poſe, they called a Council of War among themſelves; but, be⯑ing all Voters, they Agreed upon nothing, but to March Home, which accordingly they did; and, in Order of Battel, enter'd the City, and March'd directly up to their Main Guard aforeſaid: Here they made, ſays my Author, their Rendezvous, having not thought fit to keep the Field any longer.

And now they began to think a little, for I cannot allow my ſelf to ſay they had done it before; Their Danger began now to ſhow it ſelf, and to ſtare in their Faces a little; They began to conſider what they had been doing with others, and what was now like to be do⯑ing with them; They had no more Protection from the Act about Muſtering, and the proclamation began to work with them; And now they did the only Rational Act of their whole Management, and which indeed ſaved all their Lives.

[70] On Thurſday Morning, having maturely weighed their Affairs, they reſolved to ſeparate, and lay down their Arms, which accordingly they did very quietly and calmly, and carryed their Arms, not to the Magiſtrates, where they had them, but to the Deacons of their Trades, who they knew were their Friends.

How it came to paſs, That Providence, whom they had ſo far provoked, Inſpir'd them with this Prudence, ſo ſeaſonably for their own Safety, none, but that Infinite Goodneſs, that puniſhes leſs than Crimes deſerve, can ſay; 'Tis moſt certain, they had no par⯑ticular Intelligence of the March of the Queens Troops, for the City it ſelf knew nothing of them more than in general; But it was not full two Hours after they had ſeparated, delivered their Arms, and all was quiet, but the Dragoons enter'd the Town, not a Magi⯑ſtrate, nor an Inhabitant knew of them, till they ſaw them upon the Street, to their no ſmall Satisfaction.

The whole Party was about 220 Men; They had march'd with great Secrecy all Night, and ſuffered no Body to paſs by them, to carry Notice before of their Coming—; When they came near the City, Colonel Campbell detach'd an Advanc'd Party of twenty five Dragoons, under the Command of Lieutenant Pollock who knew the Town, and knew where Finlay liv'd, the whole Body following at a ſmall Diſtance.

The Lieutenant entering the Town, ſtopt, and Allighted juſt at Finlay's Door, and ruſhing immediately in with two or three Dra⯑goons, they find Finlay and one Montgomery, another of the Knot, but Famous for nothing that ever I heard of, but his being taken with him, ſitting by the Fire; They ſeiz'd them immediately, and by this time the whole Body was entered the City, March'd down to the Croſs, and Drew up there on the Street, where they ſate ſtill upon their Horſes, it Raining very hard all the time, which was about three Hours.

The Mob of the City were in no ſmall Conſternation, as may well be ſuppoſed, at this Appearance; And ſeveral, whoſe Guilt gave them Ground to think of the Gallows, made the beſt of their way out of the Town; There was no Appearance of any Reſcue, and the Dragoons Commanded the People off of the Street, and to keep their Houſes—; Two Fellows had the Boldneſs to Beat a Drum in two ſeveral parts of the City, but the Gentlemen they call'd for, had more Wit than to come, and the Drummers, with very much Difficulty, narrowly eſcap'd being killed.

The Dragoons having ſecur'd their Priſoners, and mounted them on Horſe-back, with their Legs tyed under the Horſes Bellys; Never ſo much as Allighted or Baited their Horſes, but Marched away the ſame Afternoon to Kilſyth.

As they were going away, they had ſome Stones Thrown at them from the Tops of Houſes, and ſome that were ſtragling be⯑hind had like to have been Knock'd off of their Horſes, but Six or Seven Dragoons coming back, they were ſetched off without Hurt.

[71] No ſooner were they gone out of the Town, but the Drums beat again in all the Streets, and the Rable got together with all the Rage and Venome imaginable, and coming to the Magiſtrates, they told them in ſo many words, that they ſhould ſend ſome of their Number to Edinburgh immediately, for that if they had not their two Men delivered to them, they would pull their Houſes down about their Ears. Some have blam'd the Magiſtrates for ſending to Edinburgh; But if ſuch would conſider Circumſtances, how the Dragoons were gone, they had an Enrag'd Mob to deal with, and no ſtrength to Defend themſelves, it can not but be thought the Gentlemen were in the right to comply with the Juncture of the Time, and Gratifie rather than Exaſperate them, when they were abſo⯑lutely in their Power.

The Magiſtrates, however, according to the Command of their Maſters the Mobb, (for ſuch at this time they were,) ſent away two of the Baillies of the Town, and ſome of the Deacons of Trades went with them, but they ſoon came back again as wiſe as they went, having received a ſevere Check from the Council by the Mouth of the Lord Chancellor; and it was once within a little of their being committed to Priſon with the other.

Thus ended, this petty War, being the only Violence we meet with in the whole Tranſaction. I had not been ſo large in the Re⯑lation of ſo triffling an Affair, but that it ſerves to clear up ſeveral other Caſes to the World, which otherwiſe there are ſeveral Miſtakes about.

1. And principally indeed for the ſake of the City of Glaſgow, a City which in all Ages ſince the Reformation, and in the very Re⯑formation it ſelf, has been particularly Famous for Honeſty, Zeal, and Bravery in a conſtant Oppoſition to the Enemies either of the Religion or Liberties of their Countrey—, a City Eminent for the True and Sincere Profeſſion of the Reformed Religion, and forward upon all Occaſions to ſpend their Blood and Treaſure in Defence of it: And as nothing can be more Untrue than to ſuggeſt, this Tu⯑mult was the Act and Deed of the City of Glaſgow: So to clear her of that Scandal, I thought my ſelf oblig'd to do her Juſtice, by ſet⯑ting the Caſe in its true Light; nothing clears up the Innocence of a Perſon or Party like bare matter of Fact, and therefore I have Im⯑partially related this Story juſt as I receiv'd it upon the Spot from ſe⯑veral of the principal Inhabitants of the City, whoſe Integrity in the Relation I have no Reaſon to queſtion.

Nothing is more certain, than that the Tumult at Glaſgow had its Riſe and Beginning among the Jacobite Party: In all the Rabble and Riots, they were ſecured as they paſt the Streets, they were Carreſt by the Mob, they Huzza'd them to the Work, their Houſes were never ſearch'd for Arms, nor the leaſt Inſult offered to their Perſons; The very Leaders of the Rabble were of their Party, and indeed their Friends mixt themſelves with the Rabbles on all Occaſions, to prompt them to Inſult the Citizens.

[72] The Rabblers themſelves on the other hand were a ſort of Peo⯑ple ignorantly Inflam'd by this Party, and unhappily ſet on Fire by an Accident which had its beginning rather in an Ignorance of the Plot of that Party, than Deſign to ſerve them in it.

But for the City of Glaſgow it is clear, not a Citizen of any Note, not a Magiſtrate, not a Merchant, not any thing that can be cal⯑led Denominating to a Place, but what Abhorr'd it, and as far as they durſt Oppoſed it; and I think 'tis hard they ſhould firſt fall under the Misfortune, and then under the Scandal of it too; And for that Reaſon I have been thus particular in the Story.

Again, here may be ſeen a ſmall Scetch of the Petitioners and Addreſſers againſt the Union, & of their Original, who they are that were moved, and who moved them; not a Papiſt, not a Jacobite, not a Prelatiſt in Scotland but what Declar'd themſelves againſt the Union; and thoſe honeſt Men that unhappily Approve them in that, may ſee what Bleſſed Company they were yoked with, which is a Hint I cannot avoid leaving upon Record for their Inſtruction.

I ſhould have told you that the Sunday after being the 15th of De⯑cember, the Dragoons returned to Glaſgow, and in ſtead of return⯑ing the two Priſoners they had taken, carried away three more, and had Directions for others, but it ſeems they were fled.

They went to Hamilton alſo, and ſeiz'd two Gentlemen & a Lady, who belong'd to the Dutcheſs—, and who, they ſaid, Finlay Accuſed, but both theſe, and all the reſt, were, after the Union was finiſhed, Diſcharged without Puniſhment; the Merciful Go⯑vernment of Her Majeſty rather delighting to Pity, than to Puniſh the Follies of the poor deluded people; ſhewing them the Difference between the legally Eſtabliſh'd Power, which they blindly Oppoſed, and the paſt Implacable and Mercileſs Tyrrany, which they as blindly Eſpouſed.

And thus happily Ended the Tumult at Glaſgow, which put the Honeſt People of both Nations in no ſmall Apprehenſions; and which, if the Party had obtain'd their Deſign, in getting the poor People into Arms in other Places, might have been Fatal enough.

Mean time, the Queen was not Unconcerned at theſe Diſorders, and Troops were ſent from England to the Borders, to be ready to Aſſiſt the Scots Forces, and to ſupport the Government, if there had been Occaſion; having Orders given them to Quarter in the moſt Northerly Towns of England, and to take their farther Orders from the Lord High Commiſſioner of Scotland, as there ſhould be Oc⯑caſion. But the Succeſs of Things beginning to change a little after theſe Hurreys, there was no Occaſion for them.

The Parliament was now entered upon the cloſs Debate of the Articles, and the firſt and chief Points being paſt in the Houſe, it was plain to every body, that the Houſe was reſolved to go thorow the Work; And it is no wonder if the laſt Struggles of all the Parties Oppoſing it, were now ſeen.

[73] All the Attempts to raiſe Tumults, and to Rabble the Parliament out of it, had proved Abortive; And it was found impoſſible to bring the Common People into any thing Extraordinary, while few or none of the Gentry thought fit to appear with them; All that had hitherto been done, was, by an underhand kind of Management of the Jacobite Party, as they called them, to ſee, if poſſible, they could puſh the Presbyterians, or the meer Rabble of the Common People upon making ſome Diſturbance, that ſo they might pull down their Enemies, by the Hands of one another, and ſee their Work done for them; This was apparent from the manner of Proceedings, which was by dropping Papers, and ſending about private Meſ⯑ſages from no particular Perſon, but as from their Brethren in this or that Shire, Inviting, Directing, and Encouraging the People to Meet and Aſſemble, to furniſh themſelves with Arms and Amu⯑nition, and Nameing Place and Day where to Meet and Aſſemble, in order to March to Edinburgh, and to Raiſe the Parliament, and prevent the Ruine, ſuch they then called the Ʋnion, of their Coun⯑trey, and their being given up to the Engliſh.

They took all theſe Courſes to Raiſe and Excite the People, but ſtill they found it Ineffectual as to Meetings and Rendezvouzes, ex⯑cept as you have ſeen; however, the Parliament took ſome notice of it, the Lord Commiſſioner laid it before them on the 29 No⯑vember, and they immediately cauſed a Proclamation to be publiſh⯑ed, to prevent Tumultary and Irregular Convocations of the Liedges; This was the ſame which was Read in Glaſgow at the Time of the Tumult, as aforeſaid, when the People Stoned the Meſſenger that Read it, off from the Head of the Stairs of the Town Hall or Tol⯑booth.

It had been conſidered, that there was a Clauſe in the Act of Se⯑curity, which Impowered the People to Meet, or Conveen in Arms, under pretence of Exerciſing the Fencible Men—; The Clauſe was as follows.‘And for a further Security to this Realm, Her Majesty with Advice and Conſent aforeſaid, Statutes and Enacts, That the whole Proteſtant Heretors, and all the Burghs within the ſame, ſhall forthwith provide themſelves with Fire Arms for all the fencible Men who are Proteſtants within their reſpective Bounds, and thoſe of the Bore proportioned to a Bullet of 14 Drop weight running; And the ſaid Heretors and Burghs are hereby Im⯑powered and Ordained to Diſcipline and Exerciſe their fencible Men, once in the Month at leaſt.’

Now the firſt Rumours of Country Tumults had been pretended to be founded upon this Clauſe, and that under pretence of this Exerciſing and Diſciplining the Fencible Men, any number of Men might appear together in Arms without Breach of the Law—. This was indeed a wide Gap in the publick Peace, at which there was Room for a whole Army to enter. For any of the Gentry, No⯑bility, [74] or Heretors, who were Diſaffected to the Affair now in hand under the protection of this Clauſe, pretending only Exerciſing and Diſciplining the Fencible Men, might Aſſemble together, and keep together without any Limitation of Number or Time, till they had formed a ſufficient Force, and then March'd, to the Deſtruction of the Government, the Laws, and all the Defences of the publick Peace.

It was time now to ſtop this Breach, and therefore an Act was paſt in the Houſe, to Repeal the above-ſaid Clauſe, ſo far forth as it extended to the Meeting, Muſtering, and Conveening together of the People during the ſitting of the Parliament; which Act being a very plain Evidence to the Truth of what I am upon, I have Added here, as being not long enough to interrupt the Thread of this Diſcourſe.‘OUR SOVEREIGN LADY Conſidering, That, by the 3d Act of the 2d Seſſion of this Parliament, Intituled, Act for Se⯑curity of the Kingdom, It is Statute and Enacted, That the whole Proteſtant Heretors, and all the Burghs within the ſame, ſhall furthwith provide themſelves with Fire Arms for all the Fencible Men, who are Proteſtants, within their reſpective Bounds, and the ſaid Heretors and Burghs are thereby Impowered and Or⯑dained to Diſcipline and Exerciſe their Fencible Men once in the Month at leaſt; And alſo Conſidering, That the Diſorderly and Seditious Meetings and Tumults in ſome Places in the Coun⯑trey, do make it neceſſary, at this Occaſion, to Suſpend the Effect of the foreſaid Clauſe, during this Seſſion of Parliament allen⯑narly. Therefore Her Majeſty, with Advice and Conſent of the Eſtates of Parliament, doth hereby Suſpend the Effect of the foreſaid Clauſe, and that during this Seſſion of Parliament al⯑lennarly. And further, Her Majeſty, with Advice and Conſent foreſaid, Diſcharges and ſtrictly Prohibites the Subjects of this Kingdom, to Meet and Aſſemble together in Arms, after the Publication hereof, upon any Pretence whatſoever, during the Space foreſaid, without Her Majeſties ſpecial Command, or expreſs Licence had or obtained thereto. And Requires and Commands all the Subjects of this Kingdom, to Retire to their own Habi⯑tations and Lawful Employments; Certifying ſuch as ſhall do in the contrary That they ſhall be lyable to the Pains of High Treaſon, conform to the Laws and Acts of Parliament made againſt Ʋnlawful Convocations and Riſing in Arms.’

This was a moſt Effectual Step to Check the Riots and Tumults of the People, for after this, no Man of any Conſideration durſt ſhow himſelf; And finding the Government Reſolved to puniſh whoever ſhould make any Attempt of that Nature, they began to give over the Thought of taking Arms.

Thus the Affair without Doors ſeem'd to attend the Debates of the Parliament, and all we meet from Abroad, amounted to no [75] more than Addreſſes without Number from the Towns and Coun⯑treys and ſome from the Presbyteries, againſt the Union in the Terms of the Articles, with Diſputes about Amendments to the ſe⯑veral Articles, as they came before them: The particular Caſes of which will come of Courſe, in the Obſervations on the Minutes of Parliament.—

Mean time it may be noted, the Parliament enter'd upon the De⯑bate of the Articles, Stating the Duties, Settling the Equivalent that was to be paid to Scotland, in Conſideration of the Engliſh Debts, Proportioning the Exciſe, &c.

This Affair of the Engliſh Debts has been ſuch an Occaſion of Clamour in Scotland, that I cannot but think it very neceſſary to give a State of it in ſhort, as it lay before the Parliament.

The Treaters in England, as has been noted in the Obſervations on the Minutes of the Treaty in London, had been convinced of the Neceſſity of having the Cuſtoms and Exciſes of Scotland, when they came to an Union, run in the ſame Channel with the Exciſes and Cuſtoms in England; and this, by Conſequence, engaged them in the ſame Appropriations and Incumberances, that the ſame Du⯑ties in England were lyable to.

This created an Objection, viz. That Scotland was under no Incumberance of Debt, at leaſt none that thoſe Duties were appro⯑priated to; and therefore, to bring her into Taxes of any ſort, other than ſuch as were to bear the Burthen of the War, was not conſiſtent with the Equalities of Burthens, which were allowed to be the only Foundation of an Union.

The Equity of this was not to be withſtood, and therefore the Engliſh Commiſſioners readily agreed, there was no Reaſon the Re⯑venue of Scotland ſhould be applyed to the Engliſh Debt without Conditions—; But as the Circumſtances of the Nations requir⯑ed an Equality of Taxes, and thoſe Taxes in Scotland muſt run in the Channel of the Taxes of the ſame Kinds in England, the Engliſh muſt pay to Scotland an Equivalent in Money: This was ſettled by the Treaty, as in the Minutes appears at large.

Now the Equivalent being determin'd, the Parliament was for a long while imployed in debating what Taxes, what Cuſtoms, and what Exciſes ſhould be paid by Scotland—; It is needleſs to enter up⯑on the particular Reaſonings on the ſeveral Heads as they were de⯑bated in the Parliament, ſince the Minutes of the Parliament will particularly diſcuſs thoſe Points, but it may be needful to note a little the Reaſons of all thoſe Diſputes.

I have often noted, That there was a Party who were buſy, not ſo much in Arguing for Regulating, as Deſtroying the Articles; that Argued againſt the Union in general, not againſt the Articles in particular; Theſe having in vain ſtruggled againſt the main Ar⯑ticles of the Treaty, ſuch as Union in general, Succeſſion, Com⯑munication of Trade, and the like, began now to Labour at the par⯑ticular Heads; and firſt they would have it, that Scotland ſhould not pay any of the Cuſtoms or Exciſes in Uſe in England, but when [76] convinc'd of the Injuſtice of thoſe Pretences, they could no longer object againſt an Equality of Taxes; Then they began new De⯑bates upon the Circumſtances of the ſaid Cuſtoms and Exciſes, and puſh'd at all ſorts of Exemptions, Inequalities of Payments, Re⯑ſtrictions and Latitudes they could imagine, if poſſible to bring on ſome Amendments upon the Articles, which they knew would per⯑plex the Union in the Engliſh Parliament, ſuch were the Liberty of Exporting Wooll, the Exemption from the Duties on Salt for ever, the Reducing their Ale to the Exciſe of Small Beer in England, and the like; And this makes it appear, that I have not wronged them, in ſaying, that their Deſign was at the Union in gene⯑ral.

It would be too much to enter upon the Diſcourſe here of the ſeveral Objections againſt the Equivalent, the Taxes, the Exciſes, &c. and innumerable Cavils at the ſeveral Duties on Export or Im⯑port—. Theſe things occupied the whole Town, and all the People, as their ſeveral Fancies and Informers led them, ſpent the time in Canvaſſing and Diſputing the Articles of Commerce, Im⯑poſt, &c. what could be paid, and what not.

Nor is it to be wondred, that theſe Debates were Warm, for as the proſpect of Tumult began to abate, the People took the more liberty in Speech, and the Government being very backward to Puniſh the Exorbitances of the Tongue, at a Time when they were Inviting all the People to Unite, all the Gall and ill Humour of the Party vented it ſelf at the Mouth. This filled the Countrey with innumerable Railry and Reproach, all Companies were divided; nay, even Families, Relations, and the neareſt in Affection, divided upon this Subject.

The Scruples of Religion alſo revived now, and a great many finding the Treaty was like to go on, began to ſet up their Foun⯑dations for Oppoſition, and revive the Scruples of the Union in⯑terfeiring with the National Covenant, the Danger of the Church of Scotland, from the Suffrages of the Engliſh Biſhops, &c.

All theſe things helped to raiſe Heats among the People, and ſome went up to a ſtrange height of Jealouſie and Diſcontent, and what they could do, they did; As for Tumults and Rebellions, that time began to be over with them, but Parties and Feuds encreaſed every Day: And ſo they went on till the Parliament went thro' the whole Treaty, and how they behaved then, will follow to be ſpo⯑ken to in its Courſe.

AN ABSTRACT OF THE PROCEEDINGS ON THE TREATY of UNION Within the Parliament of SCOTLAND: As alſo, ſo much of the Minutes of the ſaid Parliament as contain Things neceſſary to be known on the Account of the Treaty, with ſeveral Things not Printed in the ſaid Minutes.
With OBSERVATIONS thereon.

[1]

MINUTE I.

The Parliament Met on the 3d of October, 1706.

HER Mejeſties Commiſſion to his Grace James Duke of Queenſ⯑berry, for Repreſenting Her Royal Perſon in this Seſſion of Parliament, Read, by the Lord Clerk Regiſter, and Or⯑dered to be Recorded.

Her Majeſties Gift and Commiſſion in favours of James Marqueſs of Montroſe, to be Preſident of Her moſt Honourable Privy Council, Read, and Ordered to be Recorded.

Her Majeſties Gift and Commiſſion, in favours of John Earl of Mar, to be one of the Principal Secretaries of State for this King⯑dom, Read, and Ordered to be Recorded.

The Earl of Abercorn Swore the Oath of Allegiance, ſubſcribed the ſame with the Aſſurance, and took the Oath of Parliament.

[2] Patent Creating Lord Henry Scot Earl of Deloraine Read, and Or⯑dered to be Recorded; Whereupon he Swore the Oath of Allegi⯑ance, ſubſcribed the ſame with the Aſſurance, and took the Oath of Parliament.

The Viſcount of Kilſyth Swore the Oath of Allegiance, ſubſcribed the ſame with the Aſſurance, and took the Oath of Parliament.

Moved, That the Lord Banff, who was ſometime Papiſt, being now Proteſtant, and willing to ſign the Formula ſubjoyned to the Act of Parliament in November 1700, For preventing the Growth of Popery, may be admitted, and accordingly he having taken and ſigned the Formula, he thereafter Swore the Oath of Allegiance, ſub⯑ſcribed the ſame with the Aſſurance, and took the Oath of Parlia⯑ment.

Petition Lady Mary Bruce and William Cochran younger of Ochiltrie her Husband for his Intereſt, againſt admitting of Sir Alexander Bruce to ſit in Parliament in the Rank and Dignity of Earl of Kincardin, Read, Sir Alexander Bruce in Anſwer to the ſaid Petition, craved that the Patent in Favours of Earl Edward Bruce of Kincardin, might be alſo Read, which being accordingly Read; after ſome Debate upon the Caſe, It was put to the Vote, Hear the Parties further upon the Matter, Or Admit Sir Alexander, and it carried Hear, and the next Sederunt appointed for a Hearing.

Her Majeſties Letter to the Parliament, preſented by Her Ma⯑jeſties high Commiſſioner, was Read firſt by the Lord Clerk Regi⯑ſter, and thereafter Read again by one of the Ordinary Clerks.

Her Majeſties high Commiſſioner made his Speech to the Parlia⯑ment; as alſo my Lord Chancellor made his Speech:

And Her Majeſties Letter and the ſaid Speeches were Ordered to be Printed.

Articles of Union agreed on by the Commiſſioners Nominated on behalf of the Kingdom of Scotland, and the Commiſſioners Nomi⯑nated on behalf of the Kingdom of England preſented and Read, and Ordered to be Printed, and Copies to be delivered to the Members of Parliament.

Thereafter Ordered, That the Minutes of the proceedings of the Commiſsioners of both Nations for the Treaty of Union be like⯑wiſe Printed.

Adjourn'd to Thurſday 10 October, 1706.

OBSERVATION 1ſt.

It might be noticed here, That ſeveral Gentlemen take the Oath of Parliament, who had nor done the ſame before; I obſerve it, becauſe it was ſaid, that ſome did ſo particularly to Qualifie themſelves to be Serviceable in this Cauſe, to the reſpective Intereſts they Eſpouſed, I do not ſay it was ſo, nor do I care to diſtinguiſh Perſons ſo much, as to put any Mark upon Names from Common Fame, every one is to Judge of that as they think fit.

[3] The Party againſt the Union finding the Articles, as they were concluded at London, were concealed, or at leaſt not made publick, gave out in Scotland, That the Scots Commiſſio⯑ners having had it in their Power to obtain moſt Advantage⯑ous Conditions from England, but having been brought baſely to ſubmit to the Arbitrary Deſigns of ſome Leading Men im⯑ployed in the Treaty in England, they had been very ſuper⯑ficial in their Demands, and therefore durſt not publiſh their Proceedings, till the Parliament of Scotland met, and then the whole Treaty would be rejected, which would be agreeable to others of the Commiſſioners of both Nations: This groundleſs Opinion being diffuſed, and believed by many of their Party of beſt Senſe, made them eaſie and unactive, till too late they perceived the Queen, Her Miniſters, and all Perſons concerned in Adjuſting that Treaty, to be in earneſt, and then they turn'd the ſame Notion to another Uſe, viz. To Calumniate and Reproach the Commiſſioners.

The Printing the Articles alſo, which the Oppoſers of the Union afterwards boaſted of as their Act and Deed, was introduced againſt their Deſign; For, at the private Meetings of thoſe againſt the Union, the Queſtion was, how to delay the Printing of the Articles, or any thing elſe, whereby to gain Time, till the Parliament of England ſhould meet, which was then Prorogued to the twenty third of October; So that both Parliaments ſitting together, they expected to confound the Meaſures for carry⯑ing on the Treaty by mutual Propoſals, Doubts, &c. But this Project of delaying the Printing of the Articles was prevented, for the Articles being preſented and read, after a long Silence in the Houſe, Mr. Seton of Pitmedden roſe up, and told the Lord Chancellor, That he found himſelf obliged to pro⯑poſe the Printing the Articles, which had been read in the Houſe, to the end the Curioſity and Judgment of all ſorts of People might be ſatisfied, and that the not Printing might be no Argument, in time coming, for a Delay to the Ratifying of the Treaty. Which Propoſal was reſumed by the Lord Chancellor, and no Member oppoſing or ſeconding it, he looked upon it as Acquieſced to, and Ordered the Articles to be Printed.

Nota, The Minutes of the Treaty at London, and the Articles agreed on there, ſhould have been inſert⯑ed here, but they are already brought in at large, and need not be repeated. The Speech of the Lord Com⯑miſſioner alſo, and the Lord Chancellor, together with the Queens Letter, are Inſerted in the Part immediately preceed⯑ing this, to which I refer; And therefore, and to avoid Repetition, they are left out here, tho' they properly belong to this Days Minute.

MINUTE II.

[4]
Thurſday 10. October, 1706.

The Earl of Sutherland Proteſted againſt the Calling any Earl before him in the Rolls of Parliament.

Alexander Abercrombie of Glaſſoch, Commiſſioner for the Shire of Banff, in place of Alexander Duff of Bracco deceaſt, ſwore the Oath of Allegiance, ſubſcribed the ſame with the Aſſurance, and took the Oath of Parliament.

Act for Settling the Orders of the Parliament Houſe Read, and Copies thereof Ordained to be Affixed on the Doors, and other Pla⯑ces, according to Cuſtom.

The Caſe Lady Mary Bruce, and her Husband for his Intereſt, a⯑gainſt Sir Alexander Bruce of Broomhall, Called, and their Procura⯑tors being heard, and the Parliament having conſidered the Debate, it was put to the Vote, Admit Sir Alexander Bruce, or no; and car⯑ried Admit: (Reſerving to Lady Mary Bruce, and her Husband for his Intereſt, their Right and Declarator before the Lords of Seſ⯑ſion, as accords.) And he did take his Place as Earl of Kincardin accordingly, ſwore the Oath of Allegiance, ſubſcribed the ſame with the Aſſurance, and took the Oath of Parliament.

Adjourned till Saturday next at Ten a Clock.

OBSERVATION II.

The Earls of Sutherland and Crawford, in the Proceſs of this Proteſt againſt each other for Precedency, produced the Nobleſt Documents for the Antiquity of their Families, ſuch as very few Families in the World can Imitate.

MINUTE III.

Saturday 12. October 1706.

The Lord Oliphant Swore the Oath of Allegiance, Subſcribed the ſame with the Aſſurance, and took the Oath of Parliament.

Moved, That the Articles of Union, agreed on by the Commiſ⯑ſioners Nominated on Behalf of the Kingdom of Scotland and Eng⯑land, be again Read; And alſo Moved, That the Minutes of the Proceedings of the ſaid Commiſſioners be likeways Read; And after ſome Reaſoning, It was agreed, That the ſaid Articles of U⯑nion ſhould be Read; And Ordered, That all Records relating to former Treaties, betwixt the two Kingdoms, be laid on the Table, and in the Intervals of Parliament they be to be ſeen in the Laigh Parliament Houſe, where ſome of my Lord Regiſters Ser⯑vants are to attend.

[5] And the Articles of Union being accordingly again Read, It was agreed, That the Parliament ſhould proceed to the Conſideration of the ſaid Articles of Union the next Sederunt.

Adjourned till Tueſday next at 10 a Clock.

OBSERVATION III.

Great Oppoſition was made in Parliament this Day a⯑gainſt Reading the Articles—, and ſeveral Arguments brought by the Gentlemen on that ſide for Delays—, a⯑mong which this was one, and this the firſt time it was ſtart⯑ed in the Houſe, viz. The Conſulting Principals or Conſti⯑tuents, and ſome Gentlemen went ſo far, as to acknowlege the Power of a Member of Parliament was Limited by their Conſtituents; and that the Parliament could not lawfully De⯑bate, much leſs Determine an Affair of ſuch a Nature as this, viz. Of Deſtroying the Conſtitution without, as afore⯑ſaid, Conſulting and Obtaining the Conſent of their Con⯑ſtituents.

It was Replyed that,

The Debate was long, and warm enough, and began to Inform us what was to be expected; but on the whole it was carried to Read the Articles, by a great Majority: The other being taken as an Attempt to gain Time.

A Propoſal was made this Day for a General Faſt—, which occaſioned ſome Debates, but was Adjourned.

And here it was very publickly obſerved, from what Hands the Motion of a Faſt came: Some maliciouſly enough, tho' merrily, Noted, That the Motion of a Faſt came firſt from thoſe, who were very rarely obſerv'd either to Faſt or Pray, and that now began to Talk ſo Religiouſly, that it was taken for a meer Banter.

On the other Hand it was obſerved, That the moſt Sober and Religious Members, both of the Nobility and Gentry, oppoſed this Motion in the Houſe; But the Reaſon was evident.

The great Project juſt then carrying on in the Kingdom, was to Amuſe the People, Poſſeſs them with Fears of ſome Strange Thing then Tranſacting, and of Impending Dangers dreadful to the Kingdom, and which they had no Remedy [6] to prevent, but as in great Diſtreſs, to fly to their Prayers as Mariners in a Storm—: This they thought would, of Courſe, be made the more Terrible by the Miniſters in gene⯑ral, exciting the People to extraordinary Humiliations, which, whether ill deſign'd or no, might be ill enough Impro⯑ved, and the People thereby made the more Uneaſy.

Perhaps alſo they might hope for ſome Indiſcretion and undue Warmth in the Pulpit, eſpecially from ſome Men, which they were willing to think they could influence to ſo much Weakneſs, but in this alſo they were diſappointed.

For the ſame Reaſons, thoſe Gentlemen who were of the moſt Religious Converſation, and known to be well Affected to the Church, and to any thing that had but an Aſpect of ſincere Piety, were nevertheleſs againſt this Faſt, as Unſea⯑ſonable and Dangerous, and as a thing they foreſaw was de⯑ſign'd particularly to make the People Uneaſy with theſe Proſ⯑pects; The Debate was urged warmly enough on both ſides, but at laſt was Adjourn'd; and ſo the deſigned Faſt was put off for the preſent, tho' it was afterwards introduced piece meal, and all the uſe made of it that could be to raiſe the Spirits of the People, if poſſible, to the Diſorders aimed at, as we ſhall ſee in the Sequel of this Hiſtory.

MINUTE IV.

Tueſday 15. October 1706.

Warrant Granted to the Barons and Freeholders of the Shire of Fife, to meet on Tueſday the Twenty Ninth inſtant, to elect a Com⯑miſſioner in place of Sir Archibald Hope of Rankeillor deceaſt.

Moved, That according to the laſt Minutes, the Parliament ſhould now proceed to the Conſideration of the Articles of the Uni⯑on.

Moved, That the Members of Parliament may yet be allowed Eight Days further to conſider more deliberatly the Articles and Minutes; and after ſome Reaſoning, it was put to the Vote, Pro⯑ceed preſently to the Conſideration of the Articles of Ʋnion, Or, Con⯑tinue the Conſideration thereof till the firſt Sederunt next Week, and it carried Proceed.

Whereupon the firſt Article of Union was Read; as alſo the Minutes of the Proceedings of the Commiſſioners for the Treaty, relative thereto, and Her Majeſties Commiſſion to the Commiſſioners for the Treaty on behalf of this Kingdom, were likeways Read; and after ſome Reaſoning and Diſcourſing thereupon, the further Con⯑ſideration thereof was Delayed till the next Sederunt of Parliament.

Adjourned till Thurſday next at Ten of the Clock.

OBSERVATION IV.

[7]

Here, the Gentlemen who appeared againſt the Union, finding they could not carry the Point, as Debated the laſt Day, Moved for a Delay of but Eight Days; and ſeveral Ar⯑guments were offered, to obtain ſo ſhort a Delay.

But in this, they loſt ſeveral of thoſe who Voted with them before, and who ſeeing the Vote of Conſulting Conſti⯑tuents Rejected, could not be convinced of the Advantage of eight days Delay; and this made it ſeem more particularly a Deſign only to Delay.

Whereupon the Queſtion being put, it was carried by a great Majority; And this was the firſt Tryal of the Strength of the Parties, and the firſt encouraging Proof that the Union would go on: The Majority on this Vote was ſixty four, but the Names having not yet been Ordered to be made pub⯑lick, it was not known who were on one ſide or the other.

Before this Vote was put, it was alſo Debated, whether this Reading of the Articles, ſhould be in order to proceed upon them to a Vote. And here again the Gentlemen had their Turn of Advantage, nor was there any great Oppoſiti⯑on; for thoſe who were for the Union; were yet willing to have it fully Debated, and all things for its better Explana⯑tion underſtood; and were content to have it as thorowly Ex⯑amined as they pleaſed, and therefore gave their Votes freely for a general Reading.

The other Gentlemen who were only puſhing at Delays, and ſtriving to gain Time, thought they gain'd a great Point in this, and therefore with all their Intereſt they puſh'd at a general Reading only, which was preſently agreed to, viz. That the Articles ſhould be Read and Diſcourſed of in this Parliament; but that none of them ſhould be Voted, till all was Read over and Conſidered.

Upon the above Debate, and concluding only to Read and Diſcourſe, the firſt Article of the Treaty was Read publickly, but the Reading of the Commiſſions and Minutes, taking up a great deal of Time, there was not much Diſcourſe in the Houſe at that time, for the great Affair now in Agitation, was to ſtir up the People without Doors, and bring them ei⯑ther by Clamour, Tumult, or Tumultuous Addreſſes, to de⯑clare a general Diſlike both of the Union in General, and of the Articles in Particular; And at this time they began to Threaten from without Doors.

The Streets and Doors were exceedingly Throug'd this Day in expectation of the Event, the People expecting igno⯑rantly to hear whether the firſt Article was Voted and Ap⯑proved, or Rejected; and when ſome Body came out and [8] ſaid Unwarrily the firſt Article was not Voted, it run thro' the Town, that it was Rejected; And the Mob, who ap⯑peared now to be Managed by ſome Gentlemen, began to Shout, and People apprehended the Union had been Voted againſt in the General, but they were Diſcovered too ſoon by this, and it was preſently underſtood, that the Article was only Diſcourſed of and the Diſcourſe Adjourned too.

The next day the Minutes being Printed, the Minds of the People were a little Cool'd, when they ſaw the Houſe went on ſo deliberately, and that nothing was to be Voted, while all the Articles were Read over and Conſidered.

MINUTE V.

Thurſday 17. October, 1706.

Addreſs of the Commiſſion of the late General Aſſembly of the Church of this Kingdom, for Eſtabliſhing and Confirming the true Proteſtant Religion, and Government of the Church, as by Law, Eſtabliſhed therein, Read; And thereupon the Parliament De⯑clared, That, before Concluding the Union, They would take the ſaid Addreſs to their Conſideration, and would do every thing Ne⯑ceſſary for Securing the true Proteſtant Religion and Church-Go⯑vernment, preſently by Law Eſtabliſhed in this Kingdom.

Diſpenſation granted to Inferior Courts to ſit, notwithſtanding of the ſitting of the Parliament.

The Parliament proceeded to the further Conſideration of the Articles of Union, and the ſecond Article thereof was Read; As alſo the Minutes of the Treaty relative thereto; and the Act of the Parliament of England in the firſt Year of the Reign of Their late Majeſties King William and Queen Mary, Intituled, An Act De⯑claring the Rights and Privileges of the Subjects, and Settling the Suc⯑ceſſion of the Crown, were likeways Read, and were thereafter Rea⯑ſoned and Diſcourſed upon.

The Third Article Read.

And thereafter the Fourth, Fifth, Sixth, Seventh and Eighth Ar⯑ticles were all ſeverally Read, with the Minutes relative thereto, and were all Reaſoned and Diſcourſed upon.

Adjourned till Saturday next at Ten a Clock.

OBSERVATION V.

The Commiſſion of the General Aſſembly having ſate from the 9th Inſtant, had been in ſeveral warm Debates about the Matter, in what manner they ſhould behave themſelves in this Juncture: Some Hot Gentlemen had given them Di⯑ſturbance [9] enough about the Matter of the Faſt, and with⯑out Doors it was Reported, they would Proteſt againſt the Union.

But the Generality being Governed by more Temper and Moderation than ſome People hoped for, all things went on there peaceably, I mean, as to their publick Reſolutions; And the Addreſs to the Parliament was conceived in as Mo⯑derate Terms as could be expected, and is at large Printed in the Appendix, N. B*.

The Anſwer to it was alſo ſatisfactory enough—, in that they declared, they would go upon the Addreſs, before any thing was concluded; It was however warmly preſſed in the Parliament, That the ſaid Addreſs ſhould be immediately entered upon, before they went on upon the Union—; But this, as another Advantage deſign'd for Delay, was check'd, and the Anſwer in the Minute agreed upon.

Great Pains was taken alſo at this time, to make the Commiſſion of the Aſſembly uneaſy at this Anſwer, as not ſatisfactory; Jealouſies were fomented, and Suggeſtions whiſ⯑pered about from one to another, as if the Parliament de⯑ſign'd to poſtpone the Affairs of the Church to the laſt, and ſo perhaps drop them at once: This obtained but too much, and being put forward by warm and uneaſy People, grew higher and higher, and help'd on the Inflammations which unhappily follow'd.

The ſubject of the Firſt Article, tho' not Named in the Minutes was alſo re-aſſumed in the Diſcourſes of this Day, and ſeveral Arguments againſt the Union it ſelf, as an Incorporating Uni⯑on, were brought, in order to prove it Impracticable, Incon⯑venient, and Diſadvantageous to Scotland; And therefore, that they ought rather to proceed upon the Conſideration of the general, before they went on to the particular Articles.

This however was only Diſcourſed, and the Reading the ſeveral Articles having been already Approven, they pro⯑ceeded to the Reading the reſt of the Articles, as in the Minutes.

In the Reading the Second Article, the Engliſh Act of Parliament for Limiting the Succeſſion, &c. was Diſcourſed on, and much was ſaid about the Engliſh Limitations; and ſome People that had been of another Mind formerly, ſeem⯑ed to diſcover an Inclination of coming into the Succeſſion with Limitations, and began to enter into the Matter of Li⯑mitations; But this being remote to the Work was dropt for the preſent, and we ſhall meet with it again in its place.

The Third Article alſo relating to Uniting the Parlia⯑ments of both Kingdoms was Read, and ſome took the Li⯑berty to Jeſt with it as a Chytherical Calculation, and that they had no Power to Alter the Repreſentative of the Nati⯑on, that Scotland could not Conſent to be Govern'd by any [10] other Repreſentative, than they were now; And that, if the Parliaments were to be made one, Scotlands whole Par⯑liament ought to be joyned to the Engliſh Parliament, and that Scotland ought no more to Abridge her Repreſentative than England, and the like.

But the Unreaſonableneſs of this was urged from the Diſ⯑parity, in Extent of the Country, Number of People, and Proportion of Taxes, of which hereafter.

The Five Enſuing Articles being all upon Privileges of Trade, Exciſes and Cuſtoms, the Diſcourſes were very gene⯑ral on both ſides, and thoſe things ſeem'd referr'd to more Debates afterwards: All that was ſaid of thoſe things now, ſeem'd rather to tend, if poſſible, to perſwade the People in general, that the Union was Impracticable, that Scotland could not come into the Taxes, and that the Equalities talk'd of, would ruine their Trade and ſtarve their Poor.

Without Doors, ſtrange Uſe was made of theſe Articles of Taxes, and the People were made to believe, their Salt, their Malt, their Beer, their Fiſh, would all be Loaded with Inſupportable Taxes, and their whole Trade ſhould be ruin'd, their Houſes plunder'd for Taxes, and their People ſtarv'd; And no Man that ſhall ſee, with what Frightful Apprehenſi⯑ons the poor People were poſſeſt, will any more wonder, they were ſo eaſily brought into Tumults and Diſorders—.

Nota, This Day there were ſtrong Rumours about the Town, of the Mob coming up to the Parliament, to demand, That the Crown and Scepter of Scotland ſhould not be given up, and carryed away to England.

This was the Effect of ſome Popular Speeches let fall by thoſe Gentlemen who oppoſed the Treaty, and induſtriouſly ſpread about the Town a Report, That the Sovereignty of Scotland was to be Subjected to the Engliſh; And the poor⯑er Sort that underſtood leſs, had the ſame Thing in other Words, viz. That the Crown of Scotland was Betray'd; That it was to be carryed to England, and never to be ſeen here more. Of which ſee at large in its place.

The Houſe, however, took no Notice of this yet, as being a Rumour only, tho' the Members were not without Apprehen⯑ſions, That it might riſe to a greater Height; And that they might come to be Inſulted, even in the Houſe, as indeed was afterwards very probable.

MINUTE VI.

[11]
Saturday 19. October 1706.

Minutes of the laſt Sederunt Read.

The Parliament proceeded to the further Conſideration of the Ar⯑ticles of Union, and the Ninth, Tenth, Eleventh, Twelfth, Thir⯑teenth and Fourteenth Articles were all ſeverally Read, with the Minutes of Treaty relating thereto, and were all Diſcourſed on.

The Fifteenth Article of Union was likeways twice Read, and Diſcourſed and Reaſoned on; as alſo, the Minutes relative there⯑to: And after ſome Reaſoning thereon, there aroſe a Debate about the Calculation of the Equivalent of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings therein-mentioned, which was adjourned till the next Sederunt of Parliament.

Adjourned till Tueſday next at Ten a Clock.

OBSERVATION VI.

The Calculations of the Ninth Article were a little Exa⯑mined, but appeared ſo juſt, and the Equalities ſo well Stat⯑ed, That there was no Room to object; For the Ceſs being but the ſame upon Scotland as before, there could nothing be ſaid, why they ſhould not go into Meaſures for carrying on any joynt Expence, which, in Time to come, the United Body ſhould ſee Cauſe to put the Whole to.

And this was the firſt Viſible Explication of the Doctrine of Equalities, and a Proof that Equalities conſiſted in Pro⯑portions, of which more hereafter: Some People, to ſerve the Deſigns now on Foot, had made the Ignorant People be⯑lieve, That, by Equalities, would be underſtood a Numerical Equality, and that Scotland ſhould pay in every Thing juſt as the Engliſh did—; This did therefore a little ſerve to open the Eyes of Conſidering People and let them ſee, that the Treaty had been founded upon ſomething of Juſtice; For, by this time, it had been Repreſented as a Strange many-Headed Monſter, that had nothing but Mouths and Teeth, and Unfathomable Gulphs to Devour and Deſtroy the People.

The Five Articles between the Ninth and Fifteenth re⯑quir'd little Debate, ſince they conſiſted only of Negatives, and Proviſion made for Scotland againſt payment of any of the Duties then Levyed in England by the Stamp-Office Tax, Glaſs-Window Tax, and the ſeveral Duties on Coals and Malt, together with Exemption from any of the Proportions of Ceſs as above for the firſt Year—; Only, from theſe Ar⯑ticles, [12] ſome Gentlemen took Occaſion to remind them of the Neceſſary Care taken by the Treaters, to Exempt Scotland in all Caſes from ſuch Burdens, as they found them unable to bear, and which abſolute Neceſſity did not oblige them to ſubject her to, and in ſuch Caſes to receive Equivalents, for what ever they were oblig'd to come into by the Neceſſity of Trade.

But the Ferment was now grown high, and theſe Diſ⯑courſes had little Signification, the People being Unhappily Prepoſſeſſ'ſt beyond the power of Convictions.

The 14th Article occaſioned long Diſcourſes, both within Doors and without, and a great many ill natur'd Things were ſaid on both ſides, the Matter of an Equivalent had not yet been Examined much into, and the Reaſon, Nature, and Neceſſity of it, had gone but a very little way into the Un⯑derſtandings, even of the Gentlemen themſelves. The Trea⯑ters alſo here met with ſome Indecencies, and the Reflections made on them, had ſuch an Effect in publick, as had they not met with ſome Check, might have been perſonally Miſchie⯑vous to them, as to the partacted Abroad; ſee Fol. 28 of the next precedent part. Within Doors they met with ſome very unkind Reproaches, as if they had not made due Proviſions for their Countries Neceſſities, had conſented to Intolerable and Un⯑juſt Burthens, and had Mock'd them with the Notion of an Equivalent, which did not leſſen the Burthens upon the Na⯑tion their payment being to be Levied where it could not be paid; and then repaid again where it was not Levied.

To make good theſe Charges, they pretended to make Calculations upon the Proportions of the ſaid Equivalent and ſome indeed brought in their own rough Draughts of Diſ⯑proportions, whereupon it was Moved, That the Houſe ſhould enter upon more exact Calculations, and Examine the matters of Fact. Of which ſee the next Minute.

MINUTE VII.

Tueſday 22. October 1706.

The Debate anent the Calculation of the Equivalent of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings mentioned in the Fifteenth Article of Union, reſumed; and after ſome time ſpent thereupon, It was agreed to Nominate a Committee of Three Perſons of each State to Proceed and Examine the Calcu⯑lation of the ſaid Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings, and to Report to the Parliament, and the next Sederunt of Parliament appointed for Nominating the ſaid [...]ommittee.

[13] Thereafter ſeveral Paragraphs of the ſaid Fifteenth Article were again Read, and further Reaſoned and Diſcourſed on.

The Sixteenth and Seventeenth Articles were alſo Read, and the Minutes relative thereto, and were Reaſoned upon.

The Eighteenth Article and the Minutes relative thereto were likeways Read, and after ſome Diſcourſe and Reaſoning thereon, The further Conſideration of the ſaid Article was delayed till next Sederunt of Parliament.

Adjourn'd till Wedneſday 23 October 1706.

OBSERVATION VII.

The Debate of the Equivalent grew higher this day than before, and the Fifteenth Article was the Subject of a great Deal of ill natur'd Diſcourſe in the Houſe; From without there was a very Terrible Clamour, and the Humours of the People being brought as it were to a pitch, but too much appeared to Correſpond with ſome thing viſible within Doors. Several very unkind Reflections were made upon the Treaters, not upon their Judgments only, but upon their Integrity, as if they had been leſs juſt to their Countrey, than conſiſted with the Truſt Repoſed in them.

The Gentlemen on the other hand defended them⯑ſelves as calmly as they could, and endeavour'd to clear up the Objections made to the Juſtice of their Proceedings, offered to Examine the Calculations, and Anſwer any thing that could be objected: But the Houſe grew too much out of Temper to talk much of it then, and the Prudence of the High Commiſſioner; in order to Calm Things; and keep them as Eaſy as poſſible, prevented its running Higher at that time—. The former Propoſal was Reaſſumed, viz. To refer it to the Examination of a Committee; And the Houſe was Moved to Name the Committee.

Upon this Motion; it was again Moved; That none of the Treaters ſhould be capable of being Named to the ſaid Committee—. This, tho' it look'd, as if the Committee were to be a Jury upon the Treaters, to Examine their Con⯑duct, yet the Gentlemen unanimouſly agreed to; And the Chooſing a Committee was Approven, who went thorow the Calculations, and gave in ſuch exact Accounts of Things, as abundantly cleared up the Reputation of the Commiſſioners.

It was alſo Moved, that to Aſſiſt the ſaid Committee, Two very able Accomptants; or Arithmeticians ſhould be found, to Examine the Calculations; one of which was Dr. James Gregory; Profeſſor of the Mathematicks in the College of Edin⯑burgh; The other was Dr. Thomas Bowar, Profeſſor of the Ma⯑thematicks in the College of Aberdeen.

The Sixteenth and Seventeenth Articles about the Coin, and about Weights and Meaſures, occaſioned little or no De⯑bate.

[14] The Eighteenth Article had indeed ſome Diſcourſe upon it, as what ſhould, or ſhould not be Alterable by the Parlia⯑ment of Great-Britain, and ſome Gentlemen were for Eſtabliſh⯑ing all the preſent Laws, without Alteration; A thing no Nation in the World practiſes, ſince Circumſtances of Nations Altering, may always make it Neceſſary to Alter, Amend, Re⯑new, or Repeal the Laws and Uſages of a Nation:

And the Diſtinction in the Article it ſelf, was ſuch, as few could object, viz. That no Alteration ſhould be made in the Laws, reſpecting private Rights, except for the evident Ʋtility of the Subject within Scotland. This therefore, ſeemed to Ex⯑plain the true Meaning of the Article in that Point; yet the other part of the Article about the Laws of Publick Right, Policy, and Civil Government, being made the ſame thro' out the whole United Kingdom; this occaſioned long Diſ⯑courſes, and held the Houſe ſo late, that they thought fit to Adjourn it till the next Sederunt.

MINUTE VIII.

Wedneſday 23 October 1706.

The Parliament, conform to the Minute of the laſt Sederunt, Pro⯑ceeded to Elect the Committee for Examination of the Calculation of the Equivalent of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings. And the Three Eſtates Sepa⯑rated to their uſual Places, Returned and Reported their reſpective Elections, and the Liſt of the Committee is as follows; Of the No⯑bility, The Marqueſs of Montroſe Lord Preſident of the Privy Coun⯑cil, the Duke of Argyle and the Marqueſs of Tweeddale; Of the Commiſ⯑ſioners for Shires, Sir Alexander Campbell of Ceſnock, George Baillie of Jerviſwood and John Hadden of Glenagies; Of the Commiſſioners for Burghs, Robert Inglis, Lieutenant Colonel John Areskine and Hugh Montgomery, and the Committee was appointed to meet in the Inner-Seſsion Houſe the firſt Interval day of Parliament, at Ten of the Clock in the Forenoon.

Thereafter the Eighteenth Article of Union was again Read, and upon Reaſoning thereon, It was Moved, That the Enliſh Laws concerning Regulation of Trade, Cuſtoms and ſuch Exciſes, to which this Kingdom by virtue of the Treaty, is to be lyable, be Printed for Information. Moved likeways that it be Remitted to a Committee to Conſider the ſeveral Branches of Our Trade as to Ex⯑port and Import, with the Engliſh Laws and Book of Rates in Re⯑lation thereto, with the Cuſtoms and Exciſes thereof, for the Satiſ⯑faction of the Members of Parliament thereanent, and to cauſe Print ſuch of the Acts of the Engliſh Parliament concerning the ſame as [15] they find expedient, or to Report to the Parliament; and after ſome Debate on theſe Motions, The further Conſideration thereof was delayed till the next Sederunt of Parliament.

Adjourned till Friday 25 October 1706.

OBSERVATION VIII.

This was the Fatal Day of the Tumult in the Streets, and the Houſe was no leſs warm within, proportionably ſpeak⯑ing, than the Gentlemen were without, all which had its Share in Agitating the publick Confuſions: I am far from ſaying, That the Arguments uſed within Doors, occaſioned the Rabbles, but the Improvement a Party without Doors made of them, and the manner in which things now ſaid in the Parliament were Repreſented without, concurr'd to encreaſe the Ferment of the Nation.

The Diſcourſes on the Eighteenth Article were now car⯑ryed on with great Warmth; Many long Speeches were made this Day, too long to be ſet down here, but tending all to this, That Scotland ought not to ſubject themſelves to Duties of any ſort, before it ſhould be known what ſuch Duties were; That no Laws of Cuſtoms or Exciſes ſhould take place, and that it could not be proper to allow the ſeveral Laws of Exciſe or Cuſtoms in England, till it was firſt calculated and agreed, what Cuſtoms and Exciſes Scot⯑land was to pay—; Then the Diſcourſes on the paying Equalities of Taxes being re-aſſumed, ſome took Occaſion to make Reflections again on the Treaters, for ſubjecting their Country to Taxes, which firſt they alledged they did not underſtand, and ſecondly they were not able to pay.

The Reproaches caſt upon the Treaters, the ill Behaviour of ſome Members, and the Indecencies ſhown in theſe Caſes, were ſo Univerſal, that even Her Majeſties High Commiſſio⯑ner did not eſcape, but was very ill uſed, which neverthe⯑leſs His Grace with a great deal of Temper ſuffered, without any Diſorder, preferring the publick Peace to all his private Reſentments; And by this Prudence pre⯑vented thoſe who deſired to have things Exaſperated, and hoped to ſee the Reſentment of the Government run up firſt, that they might have ſomething to pretend for the Irregula⯑rities which follow'd.

It may alſo be obſerved here, That the Printing the Eng⯑liſh Laws, Books of Rates, Exciſes and Cuſtoms, which it was very certain would not be underſtood here, and from which a thouſand falſe Suggeſtions would every day be raiſed, whence few People could Anſwer, was a Deſign calculated for a great many Ends, which were to be Anſwer'd in the future Proceedings, and of which we ſhall hear more hereafter.

[16] A Committee was Nominated alſo for this Work, and thouſands of Difficulties were continually raiſed in the Mouths of the People, to Expoſe the Treaty, and Exaſperate the People, ſuch as, That the Tax upon Salt was Intolerable, and that it would Deſtroy the Fiſhery, and the Poor were Repreſented to Subſiſt ſo much upon Salt, as if it had been one of the greateſt parts of their Food.

The Exciſe on Beer, Ale, &c. was Repreſented as Inſup⯑portable, and great Pains were taken to prove, that the Eng⯑liſh paid 4 ſh. 9 d. per Barrel upon their Table Beer; and that the Scots Small Ale muſt pay equal Exciſe to the Engliſh Strong Beer; And this was publickly Printed in the Streets, on purpoſe to Enrage the People.

It was in vain to offer Calculations on theſe Heads—; And tho' it was, by the Author of this Work, proved by di⯑rect and poſitive Demonſtration, that the Exciſe of their Ale could, in Proportion, pay no more than it did now, even by the Calculation of the Engliſh Exciſes; And that the Expence of Salt, in any Houſe in the Kingdom, could not riſe to above 20 d. per Head per Annum, yet it was in vain; all Calculations of this ſort were ridiculed and expoſed as falſe and partial, and the Author maltreated in Print for his Eſſays on thoſe things, as an Enemy to the Country, and in order to expoſe him to the Fury of the Rabble, which had particu⯑larly mark'd him out for Deſtruction, in the general Commo⯑tions which follow'd.

But all theſe Calculations appeared afterward to be right, as in their place will more particularly appear.

However, the whole Debate of this Day could not bring them over the Eighteenth Article, the farther Diſcourſe of which was, as per the Minute, adjourned, and what inter⯑rupted it further, you will ſee in the next Days Work.

The Salt was an Argument People ſtuck very cloſs to, and ſtrove to make it Popular; For the Poor ſeemed to be con⯑cerned in it, and thoſe that eſpouſed it, whatever their Ends were in eſpouſing it, they always made the Relief and Eaſe of the Poor the main Argument: This was Taking and En⯑gaging with the Common People, and as much Uſe was made of it, as if the Salt had been a principal part of their Food, and the Duty ſo great, that the Poor muſt have been ſtarved, if they had payed it—; The Debate, however, had this Effect, that it brought the Parliament to enter into the Conſideration of Amendments and Exemptions, which they particularly ſettled in this Affair, and which the Parliament of England eaſily came into, as will appear in its place.

MINUTE IX.

[17]
Friday 25. October 1706.

The Lord high Chancellor Repreſented to the Parliament, That he was directed by the Lords of Her Majeſties Privy Council, to Acquaint the Parliament, That upon occaſion of a Rabble and Tu⯑mult that happened in Edinburgh upon Wedneſday Night laſt, by which ſeveral Members of Parliament were Threatned and Inſulted; The Privy Council had, for the Security of the Members of Parlia⯑ment and Peace of the Town, brought in a part of the Foot Guards to the Town of Edinburgh, and had iſſued forth a Proclamation againſt ſuch Tumultary Meetings, in the Terms of ſeveral Acts of Parliament.

Whereupon, and after ſome Reaſoning, a Propoſition was made in thir Terms, That the Eſtates of Parliament being ſenſible of the Care and Concern of the Lords of Privy Council, to Suppreſs the late Tumult and Mob, and to ſecure the Safety and Quiet of the Parlia⯑ment, That therefore they ſhould Return to their Lordſhips the Thanks of the Parliament, and ſhould Recommend to my Lord high Commiſſioner and the Privy Council to continue their Care for the Safety and Security of the Parliament, and the Peace and Quiet of the Town; which being Read,

After ſome Diſcourſe thereupon, It was Moved, That the Procla⯑mation of Privy Council ſhould be Read, and the ſamen being ac⯑cordingly Read, the Earl of Errol Lord high Conſtable gave in a Proteſtation in the following Terms, That he for himſelf, and in Name of ſuch as ſhould Adhere to his Proteſtation, protested, That the continuing of ſtanding Forces within the Town of Edinburgh, and keep⯑ing Guard with them in the Parliament Cloſs, and other places within the Town the time of Parliament, (as at preſent is done) is contrary to the Right of his Office as high Conſtable; by which he has the only Privilege of Guarding the Parliament without Doors, as the Earl of Mariſchal has within Doors, and is an Incroachment on the Rights and Privileges of Parliament, and on the particular Rights and Privileges of the Town of Edinburgh; and if any Vote ſhall paſs contrair to his ſaid Right, or the Right of the Earl Mariſchal, or Rights and Privi⯑leges of Parliament, or the Town of Edinburgh, That it ſhall not in any time hereafter prejudge the ſame, or be any ways drawn in Conſe⯑quence; And he deſired the ſaid proteſtation to be inſert in the Minutes, and Recorded in the Books of Parliament; Which Pro⯑teſtation being Read, the ſaid Earl of Errol did take Inſtruments thereupon, and the Duke of Hamiltoun, Duke of Athol, Marqueſs of Annandale, Earl Mariſchal, Earl of Wigtoun, Earl of Strathmore, Earl of Selkirk, Earl of Kincardin, Viſcount of Stormount, Viſcount [18] of Kilſyth, the Lord Semple, the Lord Oliphant, the Lord Balmeri⯑noch, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil, and the Lord Kinnaird, George Lockhart of Carnwath, Sir James Foulis of Collingtoun, Andrew Fletcher of Saltoun, John Brisban of Biſhoptoun, Mr. William Cochran of Kilmaronock, John Steuart of Kinwhinlick, John Grahame of Killearn, James Grahame of Bucklyvie, Robert Rollo of Powhouſe, Sir Patrick Murray of Auchtertyre, John Murray or Strowan, Sir Thomas Burnet of Leys, Alexander Gor⯑don of Pitlurg, James More of Stoniewood, Mr. Patrick Lyon of Auch⯑terhouſe, David Grahame of Fintry, James Ogilvie younger of Boyn, Alexander M'gie of Palgown. Mr. James Dumbar younger of Hemp⯑rigs, George Mackenzie of Inchcoulter, Alexander Robertſon, Alexander Edgar, Alexander Duff, Francis Molliſon, Robert Kellie, Mr. William Sutherland, Archibald Shiells, Mr. John Lyon, Mr. John Caruthers, George Home, Mr. James Bethun, John Bayne and Mr. Robert Frazer adhered thereto.

And after ſome further Debate upon the ſaid Propoſition, a Vote was ſtated Approve thereof or not. But it being Objected, That the ſame conſiſted of Two diſtinct Articles, The one Approving what was done, and the other Recommending to the Privy Council, to continue their Care, which ought to be ſeparately Conſidered and Voted; The Vote was thereupon ſtated, Whether the Propoſition ſhould be Voted Joyntly or Separately.

But before Voting, upon a Motion made by the Commiſſioners for the Town of Edinburgh, It was agreed to, That it ſhould be but prejudice of the ſaid Town of Edinburghs Rights and Privileges by their Charters.

Then the Vote was put Joyntly or Separatly, and it carried Joynt⯑ly.

Thereafter the Vote was put Approve of the Propoſition or not, and it carried Approve.

Adjourned till Munday 28 October 1706.

OBSERVATION IX.

This whole day was a meer Interruption to the Reading of the Articles, and the Houſe was employed wholly on the Affair of the Rabbles.

The Lord Commiſſioner having found the encreaſe of the Mob come to ſuch a Degree, as that the whole City was in Danger, and indeed the whole Conſtitution would otherwiſe have been Expoſed; His Grace ordered the Guards to enter the City about One of the Clock in the Morning, to aſſiſt the Magiſtrates, by which means the Tumult was Appeaſed, and the Rabble diſperſ'd; ſome of the Rioters had been ſeized and ſecured, and the Souldiers kept Poſt in the City all that Night, the enſuing Day and the Night, and part of this Day, without being Relieved, tho the Weather was exceeding Cold.

[19] The Council had the Day before, Ratified what the Lord Commiſſioner had done, and it was not doubted but the Par⯑liament would do the ſame; the abſolute Neceſſity of ſuch a proceeding, being, as was thought, enough to ſatisfie any Body who was not for having the Civil Authority ſubjected to the Inſolencies of the Rabble.

But People were ſtrangely ſurprized, when they ſaw this ſtrenuouſly oppoſed in the Parliament; and had it not been carryed by a Majority in the Houſe, the Conſequences muſt have terminated in a ſecond Rabble, more Fatal and Furi⯑ous than the firſt.

The Marqueſs of A—le was the firſt Man who made Objection againſt it, and pleaded, That it was an Encroach⯑ment upon the Liberty of Parliament, and taking away their Freedom of Speech; That it was Awing the Houſe with Souldiers, and bringing upon them Arbitrary Government; and ſeveral Speeches were made to this purpoſe, in which one Noble Perſon ſaid, He could perceive the Difference al⯑ready in the Votes of the Houſe, and that the Influence of the Souldiers had Altered the Matter.

Theſe were hard Sayings indeed, and it was thought a hard Point, that People ſhould call the being ſubjected to an Un⯑govern'd Rabble, Liberty of Parliament, and the Clamours of the Mob, Freedom of Speech; It was plain, if the Guards were not brought up, the Members of Parliament would be Aw'd, and the Treaters Maſſacred by the Mob; and to place Guards to Suppreſs Tumults, and Reſtrain the Head-ſtrong Multitude, was very far from Awing the Parlia⯑ment; it being alſo apparent, that this Guard was intirely Subordinate to the Commands of the Parliament, and were placed to Maintain, not Infringe the Liberty of Speech they ſpoke of; That no Man could be Influenc'd by Men ſet on⯑ly to keep the Peace, and diſperſe Rabbles, and in a Caſe when it was apparent to all the World, the Neceſſity was ſuch, That, unleſs thoſe Rabbles were ſuppreſs'd, the Par⯑liament could not ſit at all, nor the Buſineſs they were Aſſembled for be Debated.

The Oppoſers, however, maintain'd the Diſpute a long time; but when they came to the Queſtion, it was appa⯑rent, a great many of their Friends, in other Caſes yet, were ſo convinc'd of the Neceſſity of this, That they Voted againſt them, and ſo the Actings of the Lord Com⯑miſſioner, and alſo of the Council, were Approved, and the Thanks of the Houſe Ordered, as in the Vote.

The Proteſters are Named in the Minute, as above; And this, I think, was the firſt Proteſt made in Parliament, upon the Affair of the Union.

[20] This Debate, of Courſe, put off the further Conſideration of the Eighteenth Article of the Union, which was the Work of the Day.

There was great Struggling in the Houſe, on Pretence of the Infringing the Privileges of the City of Edinburgh; But the Magiſtrates having declared themſelves ſatisfied in the Neceſſity of the Caſe, and the Impoſſibility of Keeping the Peace without this Method, that Debate was alſo couch'd in the Proteſt as above, and every Body acquieſc'd; The Guards continued in their Poſts, and the reſpective Regi⯑ments Reliev'd one another with Beat of Drum, as is uſual, but the Effect was only Keeping the Peace; No Violence was offered to the Parliament, neither were any Souldiers plac'd at the Door to Awe the Members, much leſs was any denyed Enterance, or any other Perſon Acceſs to them, as on other Occaſions—; But the Parliament was perfectly Free, Open and Uninterrupted, the Souldiers were a Guard to them, but not a Guard againſt them, and it was not in the Power of any Perſon to ſay, he received the leaſt Affront from them: Indeed the Souldiers appeared wholly Uncon⯑cerned in any part of the Affair, they only Executed the Office of a Guard to preſerve the Peace, and keep the Government from being Inſulted.

And in this peaceable Behaviour of the Souldiery, conſiſted a great deal of the Succeſs of the Treaty, for this took away all pretence from a party of Men, who aim'd at, and ſought for ſome ſuch Irregularity to complain of, in or⯑der to have Proteſted againſt the Parliament, as under Re⯑ſtraint, and ſo having a legal Objection againſt the Proceed⯑ings as not Acted in a Free Parliament.

This was a Diſappointment to a certain great Perſon, who propoſed a Proteſt againſt this very Thing, as an Act of Vio⯑lence, and ſo leaving the Houſe as a Body, pretending they were under the power of the Army; But the Souldiers being ſo Ordered, as to behave themſelves quietly, and only taking Poſt as a Guard to the City, to preſerve the publick Peace; the Doors of Parliament being always free and Uninterrupted, thoſe People were Defeated; and even their own Friends, whom they propoſed it to, refuſed them, acknowledging they could not ſuſtain the Allegation.

I think it is very neceſſary to be particular in this caſe, be⯑cauſe I know great Clamours were made, as well in England as in Scotland, as if the Souldiers, who upon this extraordinary Occaſion, were brought into the City, and who did indeed keep Guard in the Parliament Cloſs, were an Awe and a Ter⯑ror to the Parliament, and that conſequently it was not a free Parliament.

MINUTE X.

[21]
Munday 28. October 1706.

Minutes of the laſt Sederunt Read.

Thereafter the Parliament proceeded to the Conſideration of the Articles of Union, and the Eighteenth Article was again Read, and further Diſcourſed on.

Thereafter the Nineteenth, Twentieth, and Twenty Firſt Articles were Read, and the Minutes relative thereto, and the further Con⯑ſideration of theſe Articles delayed till the next Sederunt of Parlia⯑ment.

Adjourned till the Morrow at Ten a Clock.

OBSERVATION X.

The Debate of the Eighteenth Article came now on, but the Diſturbance and Hurry was ſuch upon all Mens Minds, that there was very little Diſcourſe, but what ran all into the pub⯑lick Matters, as of the Tumults, the Guards, &c.

About this time, the Rumours of the Uneaſineſs of the People in the Countrey began alſo to Encreaſe, and the Par⯑liament was daily Threatn'd with Inſurrections and Mobs from Abroad; but nothing appear'd publickly yet.

MINUTE XI.

Tueſday 29 October 1706.

The Nineteenth Article of Union was again Read, as alſo the Twentieth and Twenty Firſt Articles, and were ſeverally Reaſoned on.

Thereafter the Twenty Second and Twenty Third Articles were likeways Read, and the Minutes relative thereto, and after ſome Reaſoning thereupon, The further Conſideration of theſe Articles was delayed till the next Sederunt of Parliament.

Adjourned till the Morrow at Ten a Clock.

OBSERVATION XI.

Nothing Material was offered in the Reaſoning upon theſe Articles, there was ſome Debate upon the Proportions [22] of Members for the Parliament of Britain, and ſome Sugge⯑ſtions, that Scotland ought to Retain her whole Parliament; But thoſe that Oppoſed it, did not think fit to Enter much into the Diſpute of that Point, till the Second Reading of that Article.

MINUTE XII.

Wedneſday 30. October, 1706.

The Twenty Second and Twenty Third Articles of Union were again Read, and further Diſcourſed on.

Thereafter the Twenty Fourth and Twenty Fifth Articles of U⯑nion, and the Minutes relative thereto were alſo Read, and ſeve⯑rally Reaſoned on.

Act Adjourning the Seſſion till the Firſt Day of December next, Read, and a firſt Reading Ordered to be Marked thereon.

Adjourned till Friday next at Ten a Clock.

OBSERVATION XII.

This Day Ended the Firſt or general Reading of the Ar⯑ticles; And theſe laſt Articles being ſuch, as would be Neceſſary, or not Neceſſary, as the General Treaty Succeeded, or not, there remain'd no Occaſion of Debate on this Reading, ſince they were not now to be Approved or Voted.

MINUTE XIII.

Friday 1. November 1706.

Moved, That the Parliament now proceed to the further and more particular Conſideration of the Articles of Union, in order to Approve them or not, and to begin with and Read the Firſt Article.

Moved alſo, That the further Conſideration of the Articles of Union be yet delayed for ſome conſiderable Time, that the Senti⯑ments of the Parliament of England thereanent be known; and that the Members of Parliament may Conſult theſe whom they Re⯑preſent; And after ſome Debate on theſe Motions, The follow⯑ing Petitions and Addreſſes were preſented, viz. One by ſome of the Barons, Freeholders and others Subſcribing the ſame within the Shire of Mid-Lothian, another by ſome of the Barons, Free⯑holders [23] and others Subſcribing the ſame, within the Shire of Lin⯑lithgow, and three by ſome of the Barons and Freeholders of Perth Shire Subſcribing the ſame, all againſt Allowing of an Incorporate Union with England, and all Read and Diſcourſed on; And there⯑after the Debate for Delay, on Account of Conſulting of thoſe whom the Members Repreſent, and of knowing the Sentiments of the Nation, and the Procedure of the Parliament of England, was let fall, and agreed, that the Firſt Article of Union ſhould be Read, but that it ſhould be intire, next Sederunt of Parliament, to Debate, whether or not the firſt Article be Concluded, by Approving there⯑of, or not, Or, if the Parliament may not, before Concluding there⯑of, Begin with and Conclude any other of the Articles, and ac⯑cordingly the Firſt Article was Read.

Adjourned till the Morrow at Ten a Clock.

OBSERVATION XIII.

The great Queſtion came now to be Determined—, Whether they ſhould go upon the Treaty, or no.

Thoſe that oppoſed it, would not directly Argue againſt Reading the Articles at all, & ſo at once Reject the Treaty; But they began to ſtart a new Scruple, viz. Why ſhould it be put upon the Parliament of Scotland, to Determine firſt upon the Treaty? Why ſhould not England, where the Treaty had been Form⯑ed, and where their Parliament was now to Sit in a few Days; Why ſhould not they firſt Signify their Conſent to the Treaty, and then the Parliament of Scotland might Conſider, whether they could joyn with them upon the Terms, YEA or NO?

This occaſioned great Diſputes, and many Speeches were made, endeavouring to ſhew the Reaſonableneſs of having this Matter firſt Determin'd in England.

It was among other things offered as a ſufficient Argu⯑ment, That, as it was the Queens Prerogative to Call Parliaments, to Appoint and Limit their Sittings, and to pro⯑poſe to them any Matters as the Subject of their Meeting, which they ſhould Conſult about, not Excluſive of what they ſhould think fit to Debate themſelves, Her Majeſty had Determined which Parliament ſhould begin upon the Ar⯑ticles, by Appointing this Parliament for that End, and had particularly Recommended this Matter to them, and that therefore they ought to go about it.

That the Priority was a Diſpute of no Conſequence at all, and that they had all the Liberty in the World to Paſs or not Paſs, Approve or not Approve of the Treaty now, as they ſhould have then; That, if there was any Difference, the Honour was done to Scotland, in putting the Treaty firſt into their Hands, as the Principal Perſons, who were ſuppoſed to have Objections to make, and that they might [24] be made intirely eaſy, in every Thing that was Material, to their Satisfaction.

Notwithſtanding all this, they renewed the Debate, and brought it to a Motion in the Parliament, as appears by the Vote, in which they alſo added the former Suggeſtion of Conſulting their Conſtituents; And ſome Members alledg⯑ed, they had expreſs Directions from their Principals, and the Countries they Repreſented, Reſtraining, and poſitively Obliging them, not to Enter upon the Treaty.

This brought Things to a great Height, and ſome Mem⯑bers, as was ſaid, began to Talk of Proteſting, and Leaving the Parliament, but they had more Wiſdom than that came to—; They indeed very earneſtly preſs'd this Motion, which was in ſhort to Obtain a Delay, and that made them fly from one Argument to another.

Together with their Arguments, and to Second their Pro⯑poſal of Conſulting Principals, they brought in Addreſſes from the ſeveral Places mentioned above, and vehemently urged, That it appeared by them, that it was the Senſe of the People, that the whole Nation was againſt it, and that they ought not to Poceed without their Aſſent.

Here it was Noted, That the Addreſs from Mid-Lothian was Signed by not above Twelve of the Gentlemen, or there⯑about, tho' there were above Two Hundred Gentlemen in that County; And that therefore it ſeemed the Argument, of its being the Senſe of the Nation, muſt be very ill Grounded.

At length they dropt the Debate, and obtained the pre⯑vious Queſtion, viz. That the Parliament ſhould immediately proceed to Reading the Articles.

But then a new Project was ſet on Foot; and it was an odd thing to ſee, that after a long Debate whether the Articles ſhould be Read at all or no, it occaſioned another Queſtion, and no ſmall Debate upon it, which End of them they ſhould begin at.

When they had gotten over the Queſtion as before, for Reading, they fell out which Article they ſhould Read firſt; the Party which had at firſt oppoſed Reading them all, now ſtruggled to begin in the middle of the Treaty, the Rea⯑ſon was, as they alledged, they were for Examining the Particulars before they Voted the General. The firſt Article con⯑tain'd, That from and after the firſt Day of May, the two Kingdoms ſhould be United, &c. This they would have de⯑layed; and then followed the Conditions which they would have be agreed firſt of all.

Others alledged, that it would be needleſs to enter in⯑to the Particulars till it was agreed, whether they ſhould be UNITED or No; and therefore it was neceſſary to Examine the firſt Article in its order, not only becauſe it was the firſt, but becauſe it was moſt rational to Determine, whether there [25] ſhould be an Union or no, before they deſcended to the Par⯑ticulars, becauſe, if all the Articles were agreed to, yet if it ſhould be ſo precarious as to ſtate the Queſtion afterwards, whether there ſhould be a Union or no, it might at once ren⯑der all their Labour Fruitleſs.

Upon this Debate, they reſolved, it was firſt neceſſary to get over the main Article, Whether there ſhould be a Union or not, before they entred into the Merits of the Particulars, or Examined the Conditions; and they only Read the Ar⯑ticle to finiſh the Debate, and prevent any more Difficulty.

MINUTE XIV.

Saturday 2. November 1706.

The firſt Article of Union was again Read, and thereupon a Motion was offered in thir Terms, That it be agreed to, in the firſt place, To proceed to take the firſt Article of the Union to Conſide⯑ration, with this Proviſion, That if the other Articles of Union be not adjuſted by the Parliament, then the Agreeing to, and Appro⯑ving of the Firſt, ſhall be of no Effect; And that immediately after the ſaid firſt Article, the Parliament will proceed to an Act For ſecurity of the Doctrine, Diſcipline, Worſhip and Government of the Church, as now by Law Eſtabliſhed within this Kingdom: And after ſome Debate thereon, there was a ſtate of a Vote offered, Approve of the Motion, Yea or No.

Whereupon there was a Reſolve offered in thir Terms, That be⯑fore this Houſe proceed to Vote any of the Articles of the Treaty, they will hear what Security the Commiſſion of the Church is to offer for the Church Government, and that before any Incorporating Ʋnion be voted; And after ſome further Debate upon the ſaid Motion and Reſolve, a ſe⯑cond State of a Vote was offered, That the Church Government be taken into Conſideration before the Articles of Treaty, Yea or No.

And after ſome Debate, Which of the Two ſhould be the State of the Vote, it was put to the Vote, Whether the Firſt or Second ſhould be the State of the Vote, and it carried the Firſt; Thereafter it was put to the Vote, Approve of the Motion or Not, and it carried Ap⯑prove.

Whereupon the firſt Article of Union was again Read, and after ſome Reaſoning thereon, it being objected, That an Incorporating Union of the two Kingdoms, was contrair to, and inconſiſtent with the the Claim of Right; The Claim of Right, and the third Act of the firſt Parliament of Her Majeſty Queen Anne, Entituled, Act for approving the turning the Meeting of the Eſtates into a Parliament, and the Letter of the Meeting of the Eſtates to King William the twenty fourth of April One thouſand ſix hundred eighty nine were all Read.

[26] And an Addreſs by the Barons, Freeholders, Heretors and other Gentlemen in the Shire of Forfar Subſcribers of the ſame, againſt al⯑lowing of an Incorporating Union with England, being given in, was alſo Read.

And after long Reaſoning and Debate on the ſaid firſt Article of Union, and Objection, it was of Conſent agreed, That the ſame ſhould be delayed till the next Sederunt of Parliament.

Adjourn'd till Monday next at Ten a Clock.

OBSERVATION XIV.

The firſt Article was now Read, and all the Oppoſition hitherto made, had been over. But two plauſible Things re⯑main'd; one was, To Debate whether it ſhould be ſo ſettled that if all the Articles were not Concluded, none of them which were Conſidered, ſhould be of any Force; this was ſo plauſible, no Body could withſtand it.

Then they Objected in the Name of the Church, on the Occaſion brought before them formerly, viz. The Act of Se⯑curity. Unhappy was the Condition at this time of the Church of Scotland, if what ſeem'd to appear, had been her real Caſe, viz. To have her greateſt Enemies be her beſt Solicitors, as if ſhe had been ſo deſperate, that even thoſe that formerly Aſſiſt⯑ed to pull her down, were the only ſeeming Advocates for her preſent Eſtabliſhment.

Or elſe ſurely Her Caſe was very happy, on the other hand, that Her Eſtabliſhment was ſo viſibly neceſſary at this time, that even Her apparent Enemies were careful to ſupport Her.

I ſhall enter no further into the Myſtery of it here, the Parlia⯑ment had Voted to conſider the Addreſs of the Commiſſion, before any thing was Concluded, and whether that word, Concluded, was to ſignifie before they Voted any Article, or before the whole Union was Concluded, was now Immateri⯑al; and tho' it was expreſly ſaid in the Vote of October 17, That it ſhould be before the Union was Concluded, yet it was Moved now, and the Parliament was ſo willing to do every thing for the Satisfaction of the Nation, that they Reſolved to go upon it immediately after the paſſing the firſt Article.

The Party that ſtill Oppoſed, were for going on the Affair of the Church, before any of the Articles were Concluded on, alledging, That if the Security of the Church could not be agreed on, the Union could not be entered upon; but it was returned to that, That juſt on the contrary, it was neceſſary firſt to Vote the General, Whether there ſhould be a Union or no in the Terms of the Treaty, which General was included in the firſt Article, and it was eaſie to be ſeen, that if that Ar⯑ticle was Voted againſt, the Union was Rejected; and if the Union was Rejected, there was then no need for Diſcourſing on the Act of Security for the Church.

[27] This was too ſtrong a way of Reaſoning to be Reſiſted, and therefore when it came to the Queſtion, it paſt, as per the Minute.‘That it be agreed to, in the firſt place, To proceed to take the firſt Article of Ʋnion to Conſideration, with this Proviſion, That if the other Articles of Ʋnion be not ad⯑juſted by the Parliament, then the Agreeing to, and Appro⯑ving of the Firſt, ſhall be of no Effect; And that imme⯑diately after the ſaid firſt Article, the Parliament will pro⯑ceed to an Act for Security of the Doctrine, Diſcipline, Wor⯑ſhip and Government of the Church, as now by Law Eſta⯑bliſhed within this Kingdom.’

And now the firſt Article came upon the Stage, and the firſt Bruſh it met with was, That it was againſt the Claim of Right, as per the Minute.

This was a Surprizing Blow indeed, and made the Houſe immediately Call for the Claim of Right, but that which was Remarkable upon Reading the Claim of Right was, it became neceſſary to Read the Letter of the Convention at that time ſent to King William, in which, the Eſtates then met, humbly deſired His Majeſty, to ſet on Foot an Union in the very Senſe and Meaning of this Incorporation of the Kingdoms, as the only Happineſs the Kingdom deſired.‘We are moſt ſenſible of Your Majeſties Kindneſs, and Fatherly Care to both Your Kingdoms, in promoving their Ʋnion, which we hope hath been Reſerved to be Accompliſh⯑ed by You; That as both Kingdoms are Ʋnited in one Head and Soveraign, ſo they may become one Body Politick, one Nation, to be Repreſented in one Parliament. And to te⯑ſtifie our Readineſs to Comply with Your Majeſty in that Mat⯑ter; We have Nominated Commiſſioners to Treat the Terms of an Entire and Perpetual Ʋnion betwixt the Two King⯑doms, with Reſervation to us of our Church Government, as it ſhall be Eſtabliſhed at the Time of the Ʋnion. Theſe Commiſſioners do wait Your Majeſties Approbation and Call, That they may Meet and Treat with the Commiſſioners to be Appointed for England, at what Time and Place Your Majeſty ſhall Appoint. And if any Difficulty ſhall ariſe in the Treaty, We do, upon our Part, Refer the Determination thereof to Your Majeſty. And we do Aſſure our ſelves, from Your Majeſties Prudence and Goodneſs, of a Happy Conclu⯑ſion to that Important Affair, ſo as the ſame may be Agreed to, and Ratified by Your Majeſty in Your firſt Parliament.’

This indeed occaſioned a long Debate and much Warmth on both ſides, which held the Houſe very late; And after Reading all the Papers, the Inconſiſtency of the Union with the Claim of Right was thorowly Examin'd, where it could not but be very remarkable to obſerve ſome Gentlemen giv⯑ing a Sanction to the Claim of Right, who never before ac⯑knowleg'd [28] it, owning it now as a Sacred Foundation, in or⯑der to oppoſe it to the Scheme of Union now drawn; which being of more Fatal Conſequence to their Real Deſign, as well as Party, they were brought to the Neceſſity of Cloſing with the firſt to Confront the laſt; ſo Playing one againſt another, Recognizing the Revolution as the leſſer Evil to Repulſe the Union, which they ſaw plainly Aim'd at the Foundation, Struck at the Root, and muſt for ever Forecloſe Jacobitiſm and Prelacy, the two Columes which ſupported their Cauſe—. The Reaſonings here in the Houſe began with much Calmneſs; Immediately after Reading the Ar⯑ticle, Mr. Seton of Pitmedden took the Opportunity to ſay, That, having had the Honour to be one of the Commiſſio⯑ners for the Treaty, he thought it his Duty to give ſome Rea⯑ſons, which mov'd him to Approve that Article at London; That he was perſwaded, there were ſeveral Members ſo Pre⯑judiced againſt all the Articles, that he could not hope from them a Favourable Audience. And that what he had to ſay to the preſent Subject of Debate, had been thought upon, when he Signed the Treaty; therefore he would preſume to make Uſe of his Papers, hoping, tho' his Reaſons could not convince any Member, yet they might ſerve to Vindicate his Conduct to Poſterity. Then he proceeded, and the Second of November 1706, made the following Speech.

My Lord Chancellor,

THis Honourable Houſe has heard the ſeveral Articles of the Treaty of Ʋnion twice Read, has ſpent a conſiderable time in Diſcourſing to each of them, and after much Debate is come to Examine and Determine upon the Firſt: Notwithſtand⯑ing all the Arguments offered againſt it, I cannot find the leaſt Mo⯑tive for Altering the Opinion I had at Signing this Article, having had the Honour to be one of the Commiſſioners Appointed by Her Majeſty for that End; but that I may give all Satisfaction to every Member, I ſhall humbly offer in a plain manner my Thoughts in relation to it.

My Lord, This Article is the Foundation of the whole Treaty, and the Approving or Rejecting of it muſt Determine Union or no Union betwixt both Kingdoms.

How far the Approving this Article conduces to our Happineſs, appears evidently, by conſidering the three different Ways propo⯑ſed for Retriving the Languiſhing Condition of this Nation; which are, That we continue under the ſame Sovereign with England, with Limitations on his Prerogative as King of Scot⯑land; That the two Kingdoms be Incorporated into one, or that they be entirely ſeparated.

That the Union of Crowns with Limitations on the Succeſſor is not ſufficient to Rectifie the bad State of this Nation, appears from theſe Poſitions founded on Reaſon and Experience.

[29] Two Kingdoms ſubject to one Sovereign, having different Inte⯑reſts, the nearer theſe are one to another, the greater Jealouſie and Emulation will be betwixt 'em.

Every Monarch, having two or more Kingdoms, will be obliged to prefer the Counſel and Intereſt of the Stronger to that of the Weaker: And the greater Diſparity of Power and Riches there is betwixt theſe Kingdoms, the greater influence the more powerful Nation will have on the Sovereign. Notwithſtanding theſe Poſiti⯑ons, I ſhall ſuppoſe the Parliament of Scotland is Veſted with the Power of making Peace and War, of Rewarding and Puniſhing Perſons of all Ranks, of Levying Troops, and of the Negative it ſelf.

I cou'd ſhow the Inconveniencies that muſt attend ſuch a State of Government, in Diſpoſal of Places and Managing Publick Affairs; I cou'd likewiſe ſhow the Improbability of Attaining ſuch Conditions, or keeping 'em if attained; but laying aſide ſuch Conſiderations, my humble Opinion is, That we cannot reap any Benefit from theſe Conditions of Government, without the Aſſiſtance of England: And the People thereof will never be convinced to promote the Intereſt of Scotland, 'till both King⯑doms are Incorporated into One: So that I conceive ſuch a State of Limitations to be no better for Scotland, than if it were intire⯑ly ſeparated from England, in which State there's little Appearance of procuring any Remedy to our preſent Circumſtances, which appears from theſe uncontraverted Poſitions.

The People and Government of Scotland muſt be Richer or Poorer, as they have Plenty or Scarcity of Money, the common Meaſure of Trade.

No Money or Things of Value can be purchaſed in the Courſe of Commerce: but where there's a Force to protect it.

This Nation is behind all other Nations of Europe for many years, with reſpect to the Effects of an extended Trade.

This Nation being Poor, and without Force to protect it's Commerce, cannot reap great Advantages by it, till it partake of the Trade and Protection of ſome powerful Neighbour Nation, that can Communicate both theſe.

To Illuſtrate this laſt Poſition, I ſhall give a ſhort View of the State of Commerce we muſt needs be in, with reſpect to our Neighbour Nations, ſuppoſing an entire Separation from Eng⯑land.

The ordinary Mean, whereby we can flouriſh in Wealth, is, That Ballance which ariſes from the Exchange of our Natural or Artificial Product with other Places: But we have no Valuable Branch of Export, which does not Interfere with the like Com⯑modity, in ſome more powerful Neighbour Nation, who's Inte⯑reſt it is to Suppreſs or Diſcourage our Commodity, for Raiſing the Value of its own; ſo that there's no Demonſtrable Security for the Vent and Encouragement of any Branch of our Export.

[30] Can it be expected, That Holland will ſuffer us to Improve our Fiſhery, which is to them a Nurſery for Seamen, a Livelyhood to many Families, and an immenſe Treaſure to the Publick?

If we Traffick with England; our Linnen-Cloth, Cattle, and Coals will be Diſcouraged, at leaſt, after the ſame manner that we diſcourage Export from thence. If we Traffick with Muſcovy, Sweden, Denmark, Poland, Germany, France, Spain, Portugal and Italy, the Sale of our Commodities will be of ſmall Value in theſe Places; ſeing the Dutch or Engliſh, by their Increaſe of Trade, are capable to ſerve them with moſt of the like Goods, cheaper and better than we.

Let us look to any other Part of the World, for Vent to our Product, and we'll find other Nations have prevented us.

If we attempt the Eaſt-India-Trade, that is already Enhanſed by the Dutch, Engliſh, French, Spaniards or Portugueſe, from whom we muſt expect Oppoſition, they themſelves Oppoſing one another daily; and we of no Force to Debate the ſame, with the moſt Inconſiderable of them.

The Trade of Africae is, for the moſt part, of ſmall Value; and every Province of America is claimed as Property, by ſome powerful European Nation.

If it be ſaid, That Scotland may make Alliance with one of its Neighbour Nations for Protection; that Alliance muſt be with Holland, England or France: Other Countries being ſo Remote or Poor, that their Friendſhips can be of little Uſe to us.

With Holland we can have no Advantageous Alliance, becauſe its chief Branch of Trade is the ſame with ours; with the Eng⯑liſh, we can expect no profitable Friendſhip, for they being our near Neighbours, will be Jealous of our Increaſe in Power; and from France, few Advantages can be reap'd, till the old Offenſive and Defenſive League be revived betwixt France and Scotland, which wou'd give Umbrage to the Engliſh, and occaſion a War betwixt them and us. And allowing the Scots, in ſuch a Juncture, with the Aſſiſtance of France, to Conquer England; Scotland, by that Conqueſt, cou'd not hope to better its preſent State; for 'tis more than probable, the Conquerour wou'd make his Reſidence in Eng⯑land, as formerly the Northern People uſed to do in their Southern Expeditions.

From theſe Conſiderations I conceive, That this Nation, by an entire Separation from England, cannot extend it's Trade, ſo as to raiſe its Power in Proportion to other Trafficking Nations in Eu⯑rope; but that hereby we may be in Danger of returning to that Gothick Conſtitution of Government, wherein our Forefathers were, which was frequently attended with Feuds, Murders, De⯑predations and Rebellions.

My Lord, I'm ſorry, That, in place of Things, we Amuſe our ſelves with Words; for my part, I comprehend no durable Uni⯑on betwixt Scotland and England, but that expreſſed in this Ar⯑ticle [31] by One Kingdom, that is to ſay, One People, One Civil Go⯑vernment and One Intereſt.

'Tis true, the Words, Federal Ʋnion, are become very Faſhion⯑able, and may be handſomely fitted to delude unthinking People; But if any Member of this Houſe will give himſelf the Trouble to examine what Conditions or Articles are underſtood by theſe words, and reduce them into any kind of Federal Compacts, whereby diſtinct Nations have been United: I'll preſume to ſay, Theſe will be found Impracticable, or of very little Uſe to us.

But to put that Matter in a clear Light, theſe Queries ought to be duly Examined, Whether a Federal Union be Practicable be⯑twixt two Nations accuſtomed to a Monarchical Government? Whe⯑ther there can be any ſure Guaranty projected for the Obſervance of the Articles of a Federal Compact, ſtipulated betwixt two Nations; whereof the one is much Superior to the other in Riches, Numbers of People, and an extended Commerce? Whether the Ad⯑vantages of a Federal Union do Ballance its Diſadvantages? Whe⯑ther the Engliſh will accept a Federal Union, ſuppoſing it to be for the true Intereſt of both Nations? Whether any Federal Compact betwixt Scotland and England, is ſufficient to ſecure the Peace of this Iſland, or Fortify it againſt the Intrigues and Invaſions of its Foreign Enemies? And whether England in Prudence, ought to Communicate its Trade and Protection to this Nation, till both Kingdoms are Incorporated in one?

To clear this laſt Querie, I ſhall offer a Remark from Hiſtory.

Of two Independent and diſtinct Kingdoms United by a Federal Compact under one Sovereign, the Weaker to preſerve its Intereſt, has ſome times ſeparated from the Stronger, unleſs prevented by open Force, or ſecret Influence on its Government.

Spain and Portugal were ſubject to the ſame Sovereign, Philip II. And notwithſtanding the Portugueſe got moſt Advantagious Conditi⯑ons from Spain, they no ſooner found a favourable Opportunity in the Reign of Philip IV. than they revolted from their Allegiance, and Elected the Duke of Braganza for their King.

Sweden and Denmark were United by a Federal Compact under one Monarch, but the Swedes judging a Separation more for their Intereſt, broke off, and choſe Guſtavus the 1. for their King.

My Lord, I ſhould now conſider an Incorporating Union, as it is expreſſed in this Article by One Kingdom; but that I may not take up the time of the Houſe, I ſhall only give one Hiſtorical Re⯑mark with Relation to it.

Two or more diſtinct Kingdoms or States, by incorporating in⯑to one Kingdom, have continued under the ſame Sovereign, en⯑joying equally the Protection of his Government, and every part of the Body Politick, tho never ſo far remov'd from the Seat of Government, has Flouriſhed in Wealth in proportion to the Value of it's Natural Product, or the Induſtry of its Inhabitants. To prove this Remark there are many Examples.

[32] Spain was formerly divided into ſeveral Kingdoms, ten where⯑of are Incorporated into the one Kingdom of Spain.

France was formerly divided into 12 States, which are Incorpo⯑rated into the one Kingdom of France.

England was formerly divided into ſeven Kingdoms, which are Incorporated into the one Kingdom of England; Scotland it ſelf was formerly divided into two Kingdoms, which at preſent are Incorporated into the one Kingdom of Scotland.

I cou'd give ſome Account of the particular Advantages we'll obtain by an Incorporating Union with England, but there will be occaſions to Diſcourſe of theſe, as the other Articles fall under the Conſideration of this Parliament. In general, I may aſſert, That by this Union, we'll have Acceſs to all the Advantages in Commerce, the Engliſh enjoy; we'll be capable, by a good Go⯑vernment, to improve our National Product, for the benefit of the whole Iſland; and we'll have our Liberty, Property and Religion, ſecured under the Protection of one Sovereign, and one Parliament of Great-Britain.

Now, My Lord, If Limitations on the Succeſſor can be of little or no Uſe to us; if an entire Separation from England brings no Advantage to this Nation: and if all Federal Compacts, as we are ſtated, have inſuperable Difficulties, which in ſome meaſure I have cleared, there is but one of two left to our Choiſe, to wit, That both Kingdoms be United into one, or that we continue un⯑der the ſame Sovereign with England as we have done theſe 100 years paſt. This laſt I conceive to be a very ill State, for by it (if Experience be convincing) we cannot expect any of the Advantages of an Incorporating Union; but on the contrair, Our Sovereignty and Independency will be eclipſed, the number of our Nobility will Encreaſe, Our Commons will be Oppreſſed, Our Parliaments will be influenced by England, the Execution of our Laws will be neglected; Our Peace will be interrupted by Factions for Places and Penſions; Luxury together with Poverty (tho' ſtrange) will invade us; Numbers of Scots will withdraw themſelves to Foreign Countries; and all the other Effects of Bad Government muſt neceſſa⯑rily attend us.

Let us therefore, My Lord, after all theſe Conſiderations ap⯑prove this Article: and when the whole Treaty ſhall be duly Exa⯑mined and Ratified, I'm hopeful, this Parliament will return their moſt Dutiful Acknowledgments to Her Majeſty, for Her Royal En⯑deavours in promoting a Laſting Union betwixt both Nations.

Next ſpoke the Lord Beilhaven, but without anſwering what had been ſaid by M. Seton, he made a long premeditate Speech, the Nature of which will be beſt underſtood by Reading it at length, which being ſo much talk'd of in the World, I have alſo inſerted here, tho' I ſhall not trouble the Reader with many more Speeches in this whole Hiſtory.

[33]

My Lord Chancellor,

WHEN I conſider this Affair of an UNION betwixt the Two Nations, as it is expreſs'd in the ſeveral Articles thereof, and now the Subject of our Deliberation at this time; I find my Mind crowded with variety of very Melancholy Thoughts, and I think it my Duty to disburden my ſelf of ſome of them, by lay⯑ing them before, and expoſing them to the ſerious Conſideration of this Honourable Houſe.

I think, I ſee a Free and Independent Kingdom delivering up That, which all the World hath been fighting for, ſince the days of Nimrod; yea, that for which moſt of all the Empires, King⯑doms, States, Principalities and Dukedoms of Europe, are at this very time engaged in the moſt Bloody and Cruel Wars that ever were, to wit, A Power to Manage their own Affairs by themſelves, without the Aſſiſtance and Counſel of any other.

I think, I ſee a National Church, founded upon a Rock, ſecured by a Claim of Right, hedged and fenced about by the ſtricteſt and pointedeſt Legal Sanction that Sovereignty could contrive, volun⯑tarily deſcending into a Plain, upon an equal level with Jews, Papiſts, Socinians, Arminians, Anabaptiſts, and other Sectaries, &c.

I think I ſee the Noble and Honourable Peerage of Scotland, whoſe Valiant Predeceſſors led Armies againſt their Enemies upon their own proper Charges and Expenſes, now diveſted of their Followers and Vaſſalages, and put upon ſuch an Equal Foot with their Vaſ⯑ſals, that I think I ſee a petty Engliſh Exciſe-man receive more Homage and Reſpect, than what was paid formerly to their quondam Maccallanmores.

I think I ſee the preſent Peers of Scotland, whoſe Noble Anceſtors conquered Provinces, over-run Countries, reduc'd and ſubjected Towns and fortify'd Places, exacted Tribute through the greateſt part of England, now walking in the Court of Requeſts like ſo many Engliſh Attornies, laying aſide their Walking Swords when in Com⯑pany with the Engliſh Peers, leſt their Self-defence ſhould be found Murder.

I think I ſee the Honourable Estate of Barons, the bold Aſſerters of the Nation's Rights and Liberties in the worſt of Times, now ſetting a Watch upon their Lips and a Guard upon their Tongues, leſt they be found guilty of Scandalum Magnatum.

I think I ſee the Royal State of Burrows walking their deſolate Streets, hanging down their Heads under Diſappointments; wormed out of all the Branches of their old Trade, uncertain what hand to turn to, neceſſitate to become Prentices to their unkind Neigh⯑bours; and yet after all finding their Trade ſo fortified by Com⯑panies, and ſecured by Preſcriptions, that they deſpair of any ſucceſs therein.

I think I ſee our Learned Judges laying aſide their Practiques and Deciſions, ſtudying the Common Law of England, gravelled with Certioraries, Niſi prius's, Writs of Error, Verdicts indovar, [34] Ejectione firmae, Injunctions, Demurrs, &c. and frighted with Ap⯑peals and Avocations, becauſe of the new Regulations and Recti⯑fications they may meet with.

I think I ſee the Valiant and Gallant Soldiery either ſent to learn the Plantation Trade Abroad; or at Home Petitioning, for a ſmall Subſiſtance as the Reward of their honourable Exploits, while their old Cores are broken, the common Soldiers left to Beg, and the youngeſt Engliſh Corps kept ſtanding.

I think I ſee the Honeſt Induſtrious Tradeſman loaded with new Taxes, and Impoſitions, diſappointed of the Equivalents, drink⯑ing Water in place of Ale, eating his ſat-leſs Pottage, Petitioning for Encouragement to his Manufacturies, and Anſwered by counter Petitions:

In ſhort, I think I ſee the Laborious Plew-man, with his Corns ſpoiling upon his Hands, for want of Sale, Curſing the day of his Birth, dreading the Expenſe of his Burial, and uncertain whether to Marry or do worſe.

I think I ſee the Incureable Difficulties of the Landedmen, fet⯑tered under the Golden Chain of Equivalents, their pretty Daugh⯑ters Petitioning for want of Husbands, and their Sons for want of Imployments.

I think I ſee our Mariners, delivering up their Ships to their Dutch Partners; and what through Preſſes and Neceſſity, earning their Bread as Underlings in the Royal Engliſh Navy.

But above all, My Lord, I think I ſee our Ancient Mother CALEDONIA, like Caeſar ſitting in the midſt of our Senate, Rufully looking round about her, Covering her ſelf with her Royal Garment, attending the Fatal Blow, and breathing out her laſt with a Et tu quoque mi fili.

Are not theſe, My Lord, very afflicting Thoughts? And yet they are but the leaſt part Suggeſted to me by theſe Dishonourable Articles; ſhould not the Conſideration of theſe things vivifie theſe dry Bones of ours? Should not the Memory of our Noble Prede⯑ceſſors Valour and Conſtancie, rouſe up our drouping Spirits? Are our Noble Predeceſſors Souls got ſo far into the Engliſh Cabbage-Stock and Colliflowers, that we ſhould ſhew the leaſt Inclination that way? Are our Eyes ſo Blinded? Are our Ears ſo Deafned? Are our Hearts ſo Hardned? Are our Tongues ſo Faltered? Are our Hands ſo Fettered, that in this our day, I ſay, My Lord, That in this our day, that we ſhould not mind the things, that concern the very Being and Well-being of our Ancient Kingdom, before the day be hid from our Eyes.

No, My Lord, GOD forbid, Man's Extremity is GOD's Oppor⯑tunity: He is a preſent Help in time of need; and a Deliverer, and that right early. Some unforeſeen Providence will fall out, that may caſt the Ballance; ſome Joſeph or other will ſay, Why do ye ſtrive together, ſince you are Brethren? None can Deſtroy Scotland, ſave Scotland's ſelf; hold your Hands from the Pen, you are Se⯑cure. Some Judah or other will ſay, Let not our hands be upon [35] the Lad, he is our Brother. There will be a JEHOVAH-JIREH and ſome Ram will be caught in the Thicket, when the bloody Knife is at our Mothers Throat; Let us up then, My Lord, and let our Noble Patriots behave themſelves like Men, and we know not how ſoon a Bleſſing may come.

My Lord, I wiſh from my Heart, that this my Viſion prove not as true, as my Reaſons for it are probable; I deſign not at this time to enter into the merits of any one particular Article, I intend this Diſcourſe, as an Introduction to what I may afterwards ſay upon the whole Debate, as it falls in before this Honourable Houſe; and therefore, in the further Proſecution of what I have to ſay, I ſhall inſiſt upon ſome few particulars, very neceſſary to be underſtood, before we enter unto the Detail of ſo Important a Matter.

I ſhall therefore in the firſt place, Endeavour to Encourage a free and full Deliberation, without Animoſities and Heats; in the next place, I ſhall Endeavour to make an Enquiry into the Nature and Source of the Unnatural and Dangerous Diviſions that are now on Foot within this Iſle, with ſome Motives ſhewing, that it is our Intereſt to lay them aſide, at this time. Then I ſhall Enquire into the Reaſons which have induced the two Nations to enter into a Treaty of Union at this time, with ſome Conſiderations and Meditations, with Relation to the Beha⯑viour of the Lords Commiſſioners of the two Kingdoms, in the Management of this Great Concern. And laſtly, I ſhall propoſe a Method, by which we ſhall moſt diſtinctly, and without Confu⯑fuſion, go through the ſeveral Articles of this Treaty, without un⯑neceſſary Repetitions or Loſs of Time. And all this with all De⯑ference, and under the Correction of this Honourable Houſe.

My Lord Chancellor, The greateſt Honour that was done unto a Roman, was to allow him the Glory of a Triumph; the great⯑eſt and moſt diſhonourable Puniſhment was that of Paricide: He that was Guilty of Paricide, was beaten with Rods upon his naked Body, till the Blood guſht out of all the Veins of his Body; then he was ſowed up in a Leathern Sack called a Culeus, with a Cock, a Viper, and an Ape, and thrown Headlong into the Sea.

My Lord, Patricide is a greater Crime than Paricide, all the World over.

In a Triumph, My Lord, when the Conqueror was Riding in his Triumphal Chariot, Crowned with Lawrels, Adorned with Trophies, and Applauded with Huzza's, there was a Monitor ap⯑pointed to ſtand behind him, to warn, Not to be High-minded, nor Puffed up with Overveening Thoughts of himſelf; and to his Chariot were tied a Whip and a Bell, to mind him, That, for all his Glory and Grandeur, he was Accountable to the People for his Adminiſtration, and would be Puniſhed as other Men, if found Guilty.

The greateſt Honour amongſt us, My Lord, is to Repreſent the Sovereign's Sacred Perſon in Parliament; and, in one particular, [36] it appears to be greater than that of a Triumph; becauſe the whole Legiſlative Power ſeems to be wholly Intruſted with him: If he give the Royal Aſſent to an Act of the Eſtates, it becomes a Law Obligatory upon the Subject, tho' contrary or without any Inſtructi⯑ons from the Sovereign: If he refuſe the Royal Aſſent to a Vote in Parliament, it cannot be a Law, tho' he has the Sovereign's particular and poſitive Inſtructions for it.

His Grace the Duke of Queensberry, who now Repreſents Her Majeſty in this Seſſion of Parliament, hath had the Honour of that Great Truſt, as often, if not more than any Scots Man ever had; He hath been the Favorite of two Succeſſive Sovereigns; and I cannot but commend his Conſtancy and Perſeverance, that, notwithſtanding his former Difficulties and unſucceſsful Attempts, and maugre ſome other Specialities not yet determined, that his Grace has yet had the Reſolution, to undertake the moſt unpopu⯑lar Meaſures laſt: If his Grace ſucceed in this Affair of an Union, and that it prove for the Happineſs and Welfare of the Nation, then he juſtly Merits to have a Statue of Gold erected for himſelf: but if it ſhall tend to the intire Deſtruction & Abolition of our Na⯑tion; and that we the Nation's Truſtees ſhall go into it; then I muſt ſay, That a Whip and a Bell, a Cock, a Viper, and an Ape, are but too ſmall Puniſhments for any ſuch bold unnatural Undertaking and Complaiſance.

That I may path a way, My Lord, to a full, calm and free Reaſoning upon this Affair, which is of the laſt Conſequence un⯑to this Nation; I ſhall mind this Honourable Houſe, that we are the Succeſſors of our Noble Predeceſſors who founded our Mo⯑narchy, framed our Laws, amended, altered and corrected them from time to time, as the Affairs and Circumſtances of the Nation did require, without the Aſſiſtance or Advice of any Foreign Power or Potentate, and who, during the time of 2000 Years, have handed them down to us a free Independent Nation, with the Hazard of their Lives and Fortunes; Shall not we then ar⯑gue for that, which our Progenitors have purchaſed for us at ſo dear a Rate, and with ſo much Immortal Honour and Glory? GOD forbid. Shall the Hazard of a Father unbind the Ligaments of a Dumb Son's Tongue; and ſhall we hold our Peace, when our Patria is in Danger? I ſpeak this, My Lord, That I may incourage every Individual Member of this Houſe, to ſpeak their Mind freely. There are many Wiſe and Prudent Men amongſt us, who think it not worth their while to open their Mouths; there are others, who can ſpeak very well, and to good Purpoſe, who ſhelter themſelves under the ſhameful Cloak of Silence, from a Fear of the Frowns of Great Men and Parties. I have obſerved, My Lord, by my Experience, the greateſt Number of Speakers in the moſt Trivial Affairs; and it will always prove ſo, while we come not to the right Underſtanding of our Oath de fideli, where⯑by we are bound not only to give our Vote, but our Faithful Advice in Parliament, as we ſhould Anſwer to GOD; and in our [37] Ancient Laws, the Repreſentatives of the Honourable Barons and the Royal Burrows are termed Spokeſmen: It lyes upon your Lordſhips therefore, particularly to take notice of ſuch, whoſe Modeſty makes them Baſhful to Speak. Therefore I ſhall leave it upon you, and conclude this Point, with a very Memorable Say⯑ing, of an Honeſt private Gentleman, to a great Queen, upon Occaſion of a State Project, contrived by an able Stateſman, and the Favorite to a great King, againſt a Peaceable Obedient People, becauſe of the Diverſity of their Laws and Conſtitutions. If at this time thou hold thy Peace, Salvation ſhall come to the People from another place, but thou and thy Houſe ſhall periſh. I leave the Application to each particular Member of this Houſe.

My Lord, I come now to conſider our Diviſions. We are under the Happy Reign (Bleſſed be GOD) of the Beſt of Queens, Who has no Evil Deſign againſt the meaneſt of Her Subjects, Who Loves all Her People, and is equally Beloved by them again; and yet, that, under the Happy Influence of our moſt Excellent Queen, there ſhould be ſuch Diviſions and Factions, more dange⯑rous and threatning to Her Dominions, than if we were under an Arbitrary Government, is moſt ſtrange and unaccountable. Un⯑der an Arbitrary Prince, all are willing to Serve, becauſe all are under a Neceſſity to Obey, whether they will or not. He chooſes therefore whom he will, without reſpect to either Parties or Facti⯑ons; and if he think fit to take the Advices of his Councils or Parliaments, every Man ſpeaks his Mind freely, and the Prince re⯑ceives the Faithful Advice of his People, without the Mixture of Self-deſigns: If he prove a Good Prince, the Government is eaſy; if Bad, either Death or a Revolution brings a Deliverance. Whereas here, My Lord, there appears no End of our Miſery, if not prevented in time; Factions are now become Independent, and have got Footing in Councils, in Parliaments, in Treaties, in Armies, in Incorporations, in Families, among Kindred, yea Man and Wife are not free from their Political Jarrs.

It remains therefore, My Lord, that I enquire into the Nature of theſe things, and ſince the Names give us not the Right Idea of the thing, I am afraid I will have Difficulty to make my ſelf well underſtood.

The Names generally uſed to denote the Factions, are Whig and Torie, as obſcure as that of the Guelfs and Gibelins: Yea, My Lord, they have different Significations, as they are applyed to Factions in each Kingdom, a Whig in England is a Heterogene⯑ous Creature, in Scotland he is all of a piece; a Tory in England is all of a piece and a Stateſman, in Scotland he is quite other⯑ways, an Anti-courteour and Anti-ſtateſman.

A Whig in England, appears to be ſomewhat like Nebuchadnez⯑zar's Image of different Mettals, different Claſſes, different Prin⯑ciples and different Deſigns; yet take them all together, they are like a piece of fine mixed Droggat of different Threeds, ſome Finer, ſome Courſer, which after all make a comely Appearance, [38] and an agreeable Suit. A Tory is like a piece of Loyal-made Engliſh Cloath, the true Staple of the Nation, all of a Threed: yet if we look narrowly into it, we ſhall perceive Diverſity of Colours, which, according to the Various Situations and Poſitions, makes Various Appearances; ſometimes Tory is like the Moon in its Full, as appeared in the Affair of the Bill of the Occaſional Conformity; upon other occaſions it appears to be under Cloud, and as if it were Eclipſed by a greater Body, as it did in the Deſign of the Calling over the Illuſtrious Princeſs Sophia. However, by this we may ſee their deſigns are to outſhoot Whig in his own Bow.

Whig in Scotland is a true blew Presbyterian, who, without Con⯑ſidering Time or Power, will venture their All for the Kirk: but ſomething leſs for the State. The greateſt Difficulty is, how to deſcribe a Scots Tory: Of old, when I knew them firſt, Tory was an Honeſt Hearted Comradiſh Fellow, who, provided he were Maintain'd and Protected in his Benefices, Titles and Dignities by the State, he was the leſs anxious who had the Government and Management of the Church: but now, what he is ſince Jure-Divinity came in Faſhon; and that Chriſtianity, and by Conſe⯑quence, Salvation, comes to depend upon Epiſcopal Ordination, I profeſs I know not what to make of him; only this I muſt ſay for him, That he endeavours to do, by Oppoſition, that, which his Brother in England endeavours, by a more Prudent and leſs Scrupulous Method.

Now, My Lord, from theſe Diviſions there has got up a kind of Ariſtocracy, ſomething like the Famous Triumvirate at Rome, they are a kind of Undertakers and Pragmatick Stateſmen, who, finding their Fower and Strength great, and anſwerable to their Deſigns, will make Bargains with our Gracious Sovereign, they will ſerve Her faithfully, but upon their own Terms: they muſt have their own Inſtruments, their own Meaſures, this Man muſt be turned out, and that Man put in, and then they'll make Her the moſt Glorious Queen in Europe.

Where will this end, My Lord? Is not Her Majeſty in Danger by ſuch a Method? Is not the Monarchy in Danger? Is not the Nation's Peace and Tranquillity in Danger? Will a Change of Parties make the Nation more Happy? No, My Lord, the Seed is ſowen, that is like to afford us a perpetual Increaſe; it's not an Annual Herb, it takes deep Root, it Seeds and Breeds; and, if not timeouſly prevented by Her Majeſty's Royal Endea⯑vours, will ſplit the whole Iſland in two.

My Lord, I think, conſidering our preſent Circumſtances at this time, the Almighty GOD has reſerved this great Work for us: We may Bruiſe this Hydra of Diviſion, and Cruſh this Cocka⯑trice's Egg; our Neighbours in England are not yet fitted for any ſuch thing, they are not under the Afflicting Hand of Providence, as we are; their Circumſtances are Great and Glorious, their Treaties are prudently managed both at Home and Abroad, their Generals Brave and Valorous, their Armies Succeſsful and Victorious, their [39] Trophies and Lawrels Memorable and Surpriſing; Their Enemies Subdued and Routed, their Strong Holds Beſieged and Taken, Sieges Relieved, Mariſhals Killed and Taken Priſoners, Provinces and Kingdoms are the Reſults of their Victories; the Royal Navy is the Terror of Europe, their Trade and Commerce Extended through the Univerſe, Incircling the whole Habitable World, and Rendering their own Capital City the Emporium for the whole Inhabitants of the Earth; and which is yet more than all theſe things, the Subjects freely beſtowing their Treaſury upon their So⯑vereign; and above all, theſe vaſt Riches, the Sinews of War, and without which all the Glorious Succeſs had proven abortive; theſe Treaſures are managed with ſuch Faithfulneſs and Nicety, that they Anſwer ſeaſonably all their Demands, tho at never ſo great a diſtance. Upon theſe Conſiderations, My Lord, how hard and difficult a thing will it prove, to perſwade our Neighbours to a ſelf-denyal Bill.

It's quite otherways with us, My Lord, we are an Obſcure poor People, tho' formerly of better account; removed to a remote cor⯑ner of the World, without Name and without Alliances, our Poſts mean and precarious; ſo that I profeſs, I don't think any one Poſt of the Kingdom worth the Briguing after, ſave that of being Com⯑miſſioner to a long Seſſion of a Factious Scots Parliament, with an antedated Commiſſion, and that yet renders the reſt of the Miniſters more Miſerable: What hinders us then, My Lord, to lay aſide our Diviſions to unite Cordially and heartily together in our preſent Circumſtances, when our All is at the Stake; Hannibal, My Lord, is at our Gates, Hannibal is come within our Gates, Hannibal is come the length of this Table, he is at the Foot of this Throne, he will demoliſh this Throne, if we take not Notice he'll ſeiſe upon theſe Regalia; he'll take them as our ſpolia opima, and whip us out of this Houſe never to return again.

For the Love of GOD then, My Lord, for the Safety and Well⯑fare of our Ancient Kingdom, whoſe ſad Circumſtances I hope we ſhall yet Convert unto Proſperity and Happineſs! We want no Means, if we Unite, GOD bleſſeth the Peace-makers, we want nei⯑ther Men nor Sufficiency of all manner of things neceſſary, to make a Nation happy: all depends upon Management, Concordia res parvae creſcunt. I fear not theſe Articles, tho they were ten times worſe than they are, if we once Cordially forgive one another, and that according to our Proverb, bygones be bygones and fair play to come.) For my part in the ſight of GOD and in the preſence of this Honourable Houſe I heartily forgive every Man, and beggs that they may do the ſame to me, and I do moſt hum⯑bly propoſe, that his Grace My Lord Commiſſioner may appoint an Agape, may order a Love-Feaſt for this Honourable Houſe, that we may lay aſide all ſelf deſigns, and after our Faſts and Humilia⯑tions may have a day of Rejoicing and Thankfulneſs, may eat our Meat with Gladneſs, and our Bread with a Merry Heart, then ſhall we ſit each Man under his own Fig-tree, and the Voice of the Turtle [40] ſhall be heard in our Land, a Bird famous for Conſtancy and Fide⯑lity.

My Lord, I ſhall make a Pauſe here and ſtop going on fur⯑ther in my Diſcourſe till I ſee further, if his Grace my Lord Com⯑miſſioner receive any Humble Propoſals for removing Miſunder⯑ſtandings among us, and putting an end to our Fatal Diviſions, upon Honour I have no other deſign, and I am Content to begg the favour upon my bended knees.

No Anſwer.

My Lord Chancellor, I am ſorry, that I muſt purſue the Threed of my Sad and Melancholy Story: what remains, I am afraid, prove as afflicting as what I have ſaid; I ſhall therefore Conſider the Motives, which have ingaged the two Nations to enter upon a Treaty of Union at this time: in general, My Lord, I think both of them had in their View to better themſelves by the Treaty; but before I enter upon the Particular Motives of each Nation, I muſt inform this Honourable Houſe, that ſince I can Remember, the two Nations have altered their Sentiments upon that Affair, even almoſt to Downright Contradiction, they have changed Headbands, as we ſay, for England till of late never thought it worth their pains of Treating with us; the good Bargain they made at the Beginning, they reſolve to keep, and that which we call an Incorporating Union was not ſo much as in their thoughts. The firſt Notice they ſeem'd to take of us, was in our Affair of Caledonia, when they had moſt effectually broke off that deſign in a manner very well known to the World, and unneceſſary to be repeated here, they kept themſelves quiet during the time of our Complaints upon that Head. In which time our Sovereign, to ſatisfie the Nation and allay their Heats, did condeſcend to give us ſome good Laws, and amongſt others that of Perſonal Liberties and of Peace and War; but England having declared their Succeſſion and extended their Intail without ever taking Notice of us; our Gracious Sovereign QUEEN ANNE was Graciouſly pleaſed to give the Royal Aſſent to our Act of Security, and to give us a hedge to all our Sacred and Civil Intereſts, by Declaring it High Treaſon to endeavour the Al⯑teration of them, as they were then Eſtabliſhed. Thereupon did follow the Threatning and Minatory Laws againſt us by the Parli⯑ament of England and the unjuſt and unequal Character of what Her Majeſty had ſo Graciouſly Condeſcended to in our Favours: Now My Lord whether the deſire they had to have us ingaged in the ſame Succeſſion with them; Or whether that they found us like a free and independent People breathing after more Liberty than what formerly was lookt after; Or whether they were afraid of our Act of Security in caſe of Her Majeſties Deceaſe: which of all theſe Motives has induced them to a Treaty I leave it to themſelves, this I muſt ſay only, they have made a good Bargain this time alſo.

[41] For the particular Motives that induced us, I think, they are Obvious to be known; we found by ſad Experience, that every Man hath advanced in Power and Riches, as they have done in Trade, and at the ſame time conſidering that no where through the World, Slaves are found to be Rich, though they ſhould be adorned with Chains of Gold, we thereupon changed our Notion of an Incorporating Union to that of a Federal one; and being reſolved to take this Opportunity to make Demands upon them, before we enter into the Succeſſion, we were content to Impower Her Majeſty to Authoriſe and Appoint Commiſſioners to Treat with the Commiſsioners of England, with as ample Powers as the Lords Commiſsioners from England had from their Conſtituents, that we might not appear to have leſs Confidence in Her Majeſty, nor more narrow hearted in our Act than our Neighbours of Eng⯑land: and thereupon laſt Parliament, after Her Majeſty's Gracious Letter was Read, Deſiring us to declare the Succeſsion in the firſt place, and afterwards to appoint Commiſsioners to Treat; we found it neceſſary to renew our former Reſolve, which I ſhall Read to this Honourable Houſe.

Reſolve preſented by the Duke of Hamilton laſt Seſſion of Parliament.

That this Parliament will not proceed to the Nomination of a Succeſſor, till we have had a previous Treaty with England, in Re⯑lation to our Commerce and other Concerns with that Nation. And furder, it is Reſolved, That this Parliament will proceed to make ſuch Limitations and Conditions of Government, for the Rectifica⯑tion of our Conſtitution, as may ſecure the Liberty, Religion and In⯑dependency of this Kingdom, before they proceed to the ſaid Nomi⯑nation.

Now, My Lord, the laſt Seſſion of Parliament having, before they would enter upon any Treaty with England, by a Vote of the Houſe, paſt both an Act for Limitations, and an Act for Rectification of our Conſtitution. What mortal Man has reaſon to doubt, the Deſign of this Treaty was only Federal?

My Lord Chancellor, It remains now, that we conſider the Be⯑haviour of the Lords Commiſsioners at the opening of this Treaty. And before I enter upon that, allow me to make this Meditati⯑on, that if our Poſterity, after we are all dead and gone, ſhall find themſelves under an ill made Bargain, and ſhall have a re⯑courſe unto our Records, and ſee who have been the Managers of that Treaty, by which they have ſuffered ſo much; when they read the Names, they will certainly conclude and ſay, Ah! our Nation has been reduced to the laſt Extremity, at the time of this Treaty; all our great Chieftains, all our great Peers and conſide⯑rable Men; who uſed formerly to defend the Rights and Liber⯑ties [42] of the Nation, have been all Killed and Dead in the Bed of Honour, before ever the Nation was neceſsitate to Condeſcend to ſuch Mean and Contemptible Terms; Where are the Names of the chief Men, of the Noble Families of Stewarts, Hamiltons, Grahams, Campbells, Gordons, Johnſtons, Homes, Murrays, Kers, &c. Where are the two great Officers of the Crown, the Conſtable and the Mariſchal of Scotland? They have certainly all been extinguiſhed, and now we are Slaves for ever.

Whereas the Engliſh Records will make their Poſterity, Reve⯑rence the Memory of the Honourable Names who have brought under, their Fierce, Warlike and Troubleſome Neighbours, who had Struggled ſo long for Independency, ſhed the beſt Blood of their Nation, and reduced a conſiderable Part of their Country to be⯑come Waſte and Deſolate.

I am Informed, My Lord, That our Commiſsioners did indeed frankly tell the Lords Commiſsioners for England, That the In⯑clination of the People of Scotland were much altered of late, in relation to an Incorporating Union, and that therefore ſince the Entail was to end with Her Majeſty's Life, whom GOD long pre⯑ſerve, it was proper to begin the Treaty upon the Foot of the Treaty the 1604 year of GOD, the time when we came firſt un⯑der one Sovereign: but this the Engliſh Commiſsioners would not agree to, and our Commiſsioners, that they might not ſeem ob⯑ſtinate, were willing to Treat and Conclude in the Terms laid be⯑fore this Honourable Houſe, and ſubjected to their Determinati⯑on.

If the Lords Commiſsioners for England had been as Civil and Complaiſant, they ſhould certainly have finiſhed a Federal Treaty likeways, that both Nations might have the Choice, which of them to have gone into as they thought fit; but they would hear of nothing but of an intire and compleat Union, a Name which comprehends an Union, either by Incorporation, Surrender or Con⯑queſt, whereas our Commiſsioners thought of nothing but a fair equal Incorporating Union; whether this be ſo or no, I leave it to every Man's Judgment; but as for my ſelf, I muſt beg liberty to think it no ſuch thing. For I take an Incorporating Union to be, where there is a change both in the material and formal Points of Government, as if two Pieces of Mettal were melted down into one Maſs, it can neither be ſaid to retain its former Form or Sub⯑ſtance, as it did before the mixture. But now when I conſider this Treaty, as it hath been Explained and Spoke to before us theſe three Weeks by paſt, I ſee the Engliſh Conſtitution remaining firm, the ſame two Houſes of Parliament, the ſame Taxes, the ſame Cuſtoms, the ſame Exciſes, the ſame Trade in Companies, the ſame Municipal Laws and Courts of Judicature, and all ours either ſub⯑ject to Regulations, or Annihilations: only we have the Honour to pay their old Debts, and to have ſome few Perſons preſent for Witneſſes to the Validity of the Deed, when they are pleaſed to contract more.

[43] Good GOD! What is this an intire Surrender?

My Lord, I find my Heart ſo full of Grief and Indignation, That I muſt beg Pardon, not to finiſh the laſt part of my Diſcourſe, that I may drop a Tear as the Prelude to ſo ſad a Story.

After having ſit down, and ſome Diſcourſes by other Mem⯑bers interveening, he continued his Diſcourſe thus,

My Lord Chancellor, What I am now to ſay, relates to the Me⯑thod of Proceeding in this Weighty Affair: I hear it propoſed by a Noble Member of the other ſide, that we ſhould proceed in the ſame Order, as the Lords Commiſſioners Treaters did. In my humble Opinion, My Lord, It is neither the natural Method, nor can it be done without great Confuſion and Repetition. To ſay, You'll agree to the Union of the two Kingdoms, before you agree in the Terms upon which they are to be United, ſeems like driving the Plough before the Oxen: The Articles, which narrate the Con⯑ditions, ſeem to be the Premiſſes, upon which the Concluſion is inferred; and, according as they are found good or bad, the Succeſs will follow. When a Man is Married to a Fortune in Eng⯑land, as they call it, I ſuppoſe he is ſatisfied with the thing be⯑fore he determines himſelf to Marry; and the Propoſal I have heard of agreeing to the firſt Article with a Proviſo, That, if the reſt of the Articles ſhall be found Satisfactory, and no otherwiſe, is of a Piece with the reſt, and looks like Beating the Air, and no⯑ways Conſiſtent with fair and ſquare Dealings. Beſides, My Lord, if we were to go upon the firſt Article, are not all the reſt of the Articles, beſides many others not contained in the Ar⯑ticles, valid Arguments either, Pro or Con, againſt Concluding, or not Concluding the firſt Article? And no Vote in this Houſe, can hinder a Man, from making uſe of what Arguments he thinks fit. Moreover, the Searching the Records, and the Reviſing the Statute Books, Comparing the Books of Rates, Cuſtoms, Exciſe, Taxes, of both Nations, with one another, muſt all be previouſly conſi⯑dered, ere we determine our ſelves in one ſingle Article; Add to this, That the Prohibitory Clauſe, with Relation to the Trade of both Nations, muſt be Adjuſted, leſt, like Eſop's Dog, we loſe the Old, in Graſping at the New; the State of the Engliſh Compa⯑nies muſt alſo be Expoſed, how far we ſhall have Liberty into them, and what Advantage we may propoſe to our ſelves, by Trading to theſe Places, where they are ſecured, and above all, My Lord, the Security of our National Church, and of all that's dear unto us, muſt be previouſly Eſtabliſhed to us, if practicable, before we Conclude the firſt Article. Therefore, My Lord, tho my particular Opinion be, tho we had a Cart Blanch from Eng⯑land; yet the Delivery up of our Sovereignty, gives back with one Hand, what we receive with the other, and that there can be no Security, without the Guarrantee of a Diſtinct Independen⯑cy betwixt the Parties Treating: Yet, My Lord, for further Sa⯑tisfaction [44] to this Honourable Houſe, That every Member may fully ſatisfie himſelf, I humbly propoſe, That, paſſing by the firſt three Articles, which appear to be much of a Piece, we begin at the fourth Article of the Treaty, and if I be ſeconded in this, I deſire it may be put to the Queſtion.

I ſhall make no Remarks upon this laſt and famous Speech, the Noble Perſon that ſpoke it, however he happened to miſtake in ſome things, was a Perſon of extraordinary Parts and Capacity; And as he was very warm againſt the Uni⯑on, it made that Oppoſition the more conſiderable.

This Speech, the Reader may ſee, was pointed directly againſt the Union, and in the firſt part of it argues againſt the Whole, in the laſt againſt the Parts—; but concludes to move againſt the immediate Proceedings.

The firſt Speech was from a Perſon no leſs capable in the Matter of the Treaty, and that had been a Commiſſioner in the Treaty at London; The Speeches are directly oppoſite, and are left thus upon Record to argue againſt one another.

The time had been taken up with their length, and the Houſe, as well as the Nation, was, at this time, in an Un⯑uſual Ferment, ſo not many Replies were made. Mr. Seton, who made the firſt Speech, ſtood up to Anſwer the Lord Beilhaven, but, as he had already ſpoken, the Orders of the Houſe, viz. That the ſame Member could not ſpeak twice in the ſame Cauſe, were urged againſt his ſpeaking, and the Earl of Ma—mont ſtanding up to ſpeak at the ſame time, the Lord Chancellor gave place to him; who indeed made a very ſhort Return to ſo long a Speech, and which Anſwer occaſioned ſome Laughter in the Houſe: The Earl of Ma—monts Speech was to this Purpoſe, viz. He had heard a long Speech and a very terrible one, but he was of Opinion, it required a ſhort Anſwer, which he gave in theſe Words, Behold he Dream'd, but, lo! when he awoke, he found it was a Dream; This Anſwer, ſome ſaid, was as Satisfactory to the Members, who underſtood the Deſign of that Speech, as if it had been Anſwered Viſion by Viſion.

After theſe two Speeches, ſeveral Members ſpoke Pro and Con; But the Debate, in Cloſe of the Day, turned ſo Warm, That, at the Deſire of the Houſe, it was Adjourned to the next Sederunt.

MINUTE XV.

[45]
Monday 4. November 1706.

Prayers Said,

Rolls Called,

Then the following Addreſſes were preſented, viz. Addreſs of Barons, Freeholders and others within the Shire of Stirling, Sub⯑ſcribers of the ſame; Addreſs of Barons, Freeholders and others within the Shire of Dumbartoun, Subſcribers of the ſame; Addreſs of the Magiſtrates, Town-Council, Deacons of Crafts and Burgeſſes within the Burgh of Linlithgow, Subſcribers of the ſame; Addreſs of Heretors and others, Inhabitants of the Town and Paroch of Dunkeld alias Caledonia, Subſcribers of the ſame; and an Addreſs of the Town and Paroch of Dyſert, Subſcribers of the ſame, all againſt an Incorporating Union with England, and were Read.

Thereafter the Firſt Article of Union was again Read, as alſo the Motion mentioned in the laſt Minute relating thereto, viz. That it be agreed to, in the firſt place, to proceed to take the Firſt Article of the Union to Conſideration, with this Proviſion, That if the other Articles of Union be not Adjuſted by the Parliament, then the Agreeing to and Approving of the Firſt ſhall be of no Effect, and that immediately after the ſaid Firſt Article, The Parliament will proceed to an Act for Security of the Doctrine, Diſcipline, Worſhip and Government of the Church, as now by Law Eſtabliſh⯑ed within this Kingdom; And after ſome further Debate upon the ſaid Article, a Reſolve was offered in thir Terms, viz. Where⯑as it evidently appears ſince the Printing, Publiſhing and Conſidering of the Articles of Treaty, now before this Houſe; This Nation ſeems gene⯑rally averſe to this Incorporating Ʋnion in the Terms now before us, as Subverſive of the Sovereignty, Fundamental Conſtitution and Claim of Right of this Kingdom, and as threatning Ruine to this Church as by Law Eſtabliſhed.

And ſince it is plain, That if an Ʋnion were Agreed to in theſe Terms by this Parliament, and Accepted of by the Parliament of England, it would in no ſort Anſwer the Peaceable and Friendly Ends propoſed by an Ʋnion; But would on the contrair Create ſuch Diſmal Diſtrac⯑tions and Animoſities amongſt our ſelves, and ſuch Jealouſies and Mi⯑ſtakes betwixt us and our Neighbours, as would involve theſe Nations into Fatal Breaches and Confuſions.

Therefore, Reſolved, That we are willing to enter into ſuch an Ʋni⯑on with our Neighbours of England, as ſhall Ʋnite us intirely, and af⯑ter the moſt ſtrict manner, in all their and our Intereſts of Succeſſion, Wars, Alliances and Trade, Reſerving to Ʋs the Sovereignty and In⯑dependency of Our Crown and Monarchy, and Immunities of the King⯑dom, and the Conſtitution and Frame of the Government both of Church and State, as they ſtand now Eſtabliſhed by our Fundamental Conſtitu⯑tion, [46] by our Claim of Right, and by the Laws following thereupon; Or, Reſolved, That we will proceed to ſettle the ſame Succeſſion with Eng⯑land, upon ſuch Conditions and Regulations of Government within our ſelves, as ſhall effectually ſecure the Sovereignty and Independency of this Crown and Kingdom, and the Indiſſolvable Society of the ſame, with the Fundamental Rights and Conſtitutions of the Government both of Church and State, as the ſame ſtands Eſtabliſhed by the Claim of Right, and other Laws and Statutes of this Kingdom.

Which being Read, and after Debate thereon, the Vote was ſtated, Approve of the Firſt Article of Union in the Terms of the Motion, Yea or Not.

But before Voting, the Duke of Athole gave in the following Proteſt, viz. That he for himſelf and all others, who ſhall Adhere, Proteſted, That an Incorporating Ʋnion of the Crown and Kingdom of Scotland, with the Crown and Kingdom of England, and, that both Nations ſhould be Repreſented by one and the ſame Parliament, as con⯑tained in the Articles of the Treaty of Ʋnion, Is contrair to the Honour, Intereſt, Fundamental Laws and Conſtitution of this Kingdom, the Birth⯑right of the Peers, the Rights and Privileges of the Barons, & Burrows, and is contrair to the Claim of Right, Property and Liberty of the Sub⯑jects, and Third Act of Her Majeſties Parliament One Thouſand Seven Hundred and Three, by which it is Declared High Treaſon, in any of the Subjects of this Kingdom, to Quarrel, or Endeavour by Writing, Malicious and Adviſed Speaking, or other open Act or Deed, To Alter or Innovat the Claim of Right, or any Article thereof; and Reſerving Liberty to him, and his Adherents, to Renew their Proteſta⯑tion againſt further Proceedings in the ſaid Matter, and to Adjoin their Reaſons for the ſame, and deſired this his Proteſtation be Marked in the Records of Parliament. Which being Read, The ſaid Duke of Athole took Inſtruments thereon, and the Duke of Hamilton, Marqueſs of Annandale, Earl of Errol, Earl Mariſchal, Earl of Wigtoun, Earl of Strathmore, Earl of Selkirk, Earl of Kincardin, Viſcount of Stor⯑mount, Viſcount of Kilſyth, the Lord Semple, the Lord Oliphant, the Lord Balmerino, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil and the Lord Kinnaird, George Lockhart of Carnwath, Sir James Foulis of Collingtoun, Andrew Fletcher of Sal⯑toun, Sir Robert Sinclair of Longformacus, Sir Patrick Home of Rentoun, John Sinclair younger of Stevenſon, John Sharp of Hoddom, Mr. Ale⯑xander Ferguſon of Iſle, John Brisbain of Biſhoptoun, Mr. William Coch⯑ran of Kilmaronock, Sir Humphrey Colquhoun of Luſs, John Grahame of Killairn, James Grahame of Bucklyvie, Thomas Sharp of Houſtoun, Sir Patrick Murray of Auchtertyre, John Murray of Strowan, John More of Stonywood, David Beaton of Balfoure, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouſe, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie young⯑er of Boyn, Mr. George Mackenzie of Inchcoulter, Alexander Robertſon, Walter Stuart, Alexander Watſon, Alexander Edgar, John Black, James Oſwald, Robert Johnſtoun, Alexander Duff, Francis Moliſon, Walter Scot, George Smith, Robert Scot, Robert Kellie, John Hutchi⯑ſon, [47] Mr. William Sutherland, Archibald Shiels, Mr. John Lyon, George Spence, Mr. William Johnſtoun, Mr. John Carruthers, George Home, John Baine, and Mr. Robert Frazer adhered thereto.

Then the Vote was put, Approve of the ſaid Firſt Article of Union in the Terms of the Motion, Yea or Not, and it carried Approve.

Moved, That the Liſt of the hail Members of Parliament, as they Voted Pro or Con, be printed, and it was agreed to.

Thereafter an Overture for an Act, For Security of the true Prote⯑ſtant Religion, and Government of the Church, as by Law Eſtabliſhed within this Kingdom, was Read, and Ordered to be Printed.

Adjourned till Wedneſday next at Ten a Clock.

OBSERVATION XV.

It is very remarkable, That the Addreſſes now began to Throng upon the Houſe, and we find them at the beginning of every Vote; The Debates of this Day viſibly diſcovered the Reaſon and Deſign of procuring theſe Addreſſes, viz. That they might form an Argument from the general Aver⯑ſions of the Nation, and from thence, & the bringing the Soul⯑diers into the City, it was called a Cramming the Union down their Throats.

At the ſame time it was viſible, there were ſuch Methods made uſe of to procure Addreſſes, ſuch want of Hands, ſuch kinds of People who ſigned, ſuch a Paucity of Gentry, where the Counties were full of Gentlemen, and ſuch Varieties of Circumſtances concurring, to make it appear, that it was the labour'd performance of a Party, that, it was thought, they met with the leſs regard.

There were indeed in ſeveral places Addreſſes prepared from the Gentry of the Country for the Encouragement of the Treaty, but it was concluded to be needleſs, ſince that would have been a kind of telling Noſes without Doors, and the Party would have been pleaſed, to have had it paſt for a ſort of Polling the Nation, in which, they having before diſſatisfied and allarm'd the common People, they had the moſt Hopes of Succeſs—; This therefore was laid aſide, as a Step that would be of no uſe, and would put the Uni⯑on upon a Tryal altogether inconſiſtent with the Conſtitution, and, as it were, debate it a-la-Mob.

And therefore none of the Addreſſes on the other ſide were preſented, tho I have the Originals of ſome by me, which were actually ſign'd by the Country Gentlemen, and which were highly Expreſſive of their Aſſent to the Treaty, and of their Reaſons for it, ſome of which were particularly the Danger of Popery, and of Introducing the old Tyranny in the Prince of Wales.

[48] Nor can it but be reaſonably ſuppoſed, That had the Noblemen and Gentlemen of Scotland, as well in the Parli⯑ament as without, who were Hearty in the Buſineſs of the Union, gone Home, and raiſed their Tenants, Vaſſals, and Dependencies, to have appeared for the Union, either in the Addreſſes, or in the Field, they would, taking it at firſt, as much have Overpowered the other Party without Doors, as they Outvoted them within, ſince it was known, that except the Duke of At—le, the principal Number of the Oppoſers, were not Men of the greateſt Intereſt in their Country, I mean as to the Command of their Vaſſals and Attendants.

But they never brought it to the Extremity of that Tryal, and therefore the Motions of the Party as to General Aver⯑ſions, being laid aſide, they found themſelves under a Neceſſity of Struggling in Parliament only.

The Endeavours of Mobbing the Parliament were ſuppreſt, and the Addreſſes obtained only a Reading, but had no direct Anſwer given them, other than the Proceedings of the Houſe of Courſe, made out; the Thing now to be carried on within Doors was, to load the Treaty with Impracticable Amendments, while the Party without Doors endeavoured on the one Hand, to raiſe Tumults in the Country, bring up popular Addreſſes, and at laſt, down-right Rebellion, as in its place will appear: And on the other Hand, to Diſpleaſe and Diſſatisfie the Miniſters, and bring them to appear publickly Uneaſy; Of which we ſhall ſee further in its place.

The Debates of this day were very Warm, and ſeveral long Speeches were made, but it was impoſſible to obtain Abſtracts of Speeches, which we could but juſt hear, and I ſhall not venture to Injure, either the Speaker or Hearer, by impoſing my Language upon them, to Expreſs what others ſaid.

Long Debates were offered to the ſecond part of the Vote above, viz. That the Union was Impracticable, that the Joyning of Nations could not be, would tend to Con⯑fuſion, and be neceſſarily broken, as in the Vote. This was raiſed upon the aforeſaid Book of Mr. Hodges, and proved evi⯑dently, that it was not his Hypotheſis, but a Concert of Heads—, and his interfeiring Intereſts were here diſcourſ'd of.

I am not willing, to Examine into the Inconſiſtencies of ſome peoples Notions, ſtarted here in Matters of Intereſts, and how they raiſed Objections, which were not Grounded on Fact, Eſpecially in Matters of Trade, I bury them in Silence, in reſpect to the Gentlemen; But it was next to Miraculous, to hear Men of ſenſe alledge, That England got nothing by her Weſt-India Trade, that moſt of her Forreign Trade was Engroſſed by excluſive Companies, that Scotland [49] got nothing by Trading with England, that Scotland could Gain by any Foreign Trade but England, and the like; theſe things will more evidently be detected hereafter.

In ſhort, a Federal Union was offered, That was underſtood, any thing but the Right, any thing but the Treaty now begun, be⯑anduſe, could they have obtain'd a Vote againſt the preſent Teaty, the gaining Time for another Parliament had followed, and the Deſign of putting off, or delaying Time, had taken Effect.

Some Gentlemen, with extraordinary Reaſon and Force of Argument, endeavoured to Explain them the Abſurdities and Inconſiſtencies of that Project, & put the Houſe in mind, that it was not a Federal Union, or a better Union that thoſe Gentlemen deſired, but really no Union at all; And that the Deſign was to Defeat the Endeavours of the Union only, in order to bring in French Bondage, and King James VIII upon them.

Upon the whole, the other Party ſoon ſaw in the Houſe, it would go againſt them, & therefore, before it was put to the Vote, the Duke of A—ole gave in his Proteſt, as in the Vote, toge⯑ther with the whole Party of Oppoſets, on whatſoever prin⯑ciple they Oppoſed; which Proteſt they had ready Concerted before, expecting, as was ſuppoſed, Things would go as they did, and that they ſhould be Overpowered in the Houſe.

I can not but Note here, that this great Debate, and on which the whole Weight of the Matter depended, happened on that Famous Day to Britain, I mean the very Day on which the Prince of Orange, afterward King William came to England, and was alſo the Birth-day of that Glorious Mo⯑narch.

On the ſame day, now a ſecond time, the Fate of Britain had a new Turn, and the ſucceſs of that gave a pleaſant preſage to many obſerving People of the future happy Iſſue of the Thing now in hand.

The Gentlemen, who let ſlip no occaſion to puzzle the Debates of this Matter, had now conceiv'd great hopes of a Broil among the Miniſters, and were exceeding buſie, to fill the Heads of ſome of the Gentlemen of the Clergy with Jea⯑louſies and Diſſatisfactions—, and yet I can not ſay, they brought in the Overture at this time, tho' they were always forward to puſh on that ſide too.

I can not ſay neither, that they met with no Encouragement here, or that there were no WarmHeads to be found in the Com⯑miſſion, who apter to take Fire than was to be wiſhed, were more eaſily gain'd, but if there were any ſuch, the Prudence and Moderation of the reſt of the Commiſſion, ſo Over-ruled them, as kept them from any Precipitations, and Contributed greatly to the General Safety; Of which I have ſpoken more largely in its place.

MINUTE XVI.

[50]
Wedneſday 6. November 1706.

Prayers Said,

Rolls Called,

The Lord Chancellor Moved, That albeit he had no Opportuni⯑ty to Vote for Approving of the Firſt Article of Union, yet he deſired his Name to be Recorded, and to be Printed with thoſe who Voted Approve, and the ſame was agreed to.

Addreſs of the Commiſſioners to the General Convention of the Royal Burrows, ſubſcribed by the Preſes of the Convention, againſt Concluding ſuch an Incorporating Union, as is contained in the Articles propoſed, given in and Read.

Then the following Addreſſes were given in, viz. Addreſs by Barons, Freeholders and others within the Shire of Renfrew, ſub⯑ſcribing the ſame; Addreſs by Barons, Freeholders and others with⯑in the Shire of Fife, ſubſcribing the ſame; and an Addreſs by the Magiſtrates of the Burgh of Falkland, Counſellors and Inhabitants therein, and of Heretors within the Paroch thereof, ſubſcribing the ſame; all againſt allowing of an Incorporating Union, in the Terms contained in the Articles, with England, and were all Read.

And an Addreſs by Heretors, Elders, and Maſters of Families within the Paroch of Hamiltoun, ſubſcribers of the ſame, That no Union be haſtily entered into with England alſo given in and Read.

Act for Security of the True Proteſtant Religion and Government of the Church as by Law eſtabliſhed within this Kingdom, again Read, and a firſt Reading Ordered to be Marked thereon.

Adjourned till Friday next at Ten of the Clock.

OBSERVATION XVI.

The Fatigue of the laſt day was ſo great, that both ſides ſeem'd as it were, to take Breath; and little was done to day, except Reading the Church Act.

My Lord Chancellor, like the Speaker of the Houſe of Com⯑mons, having no Vote in the Houſe, unleſs on an equal Di⯑viſion, his Lordſhips Name could not be Printed in the Liſt of Names; but his Lordſhips Zeal was always remarkable in carrying on this Union, and in this in particular, his Lordſhip was reſolved to let the World know, he was not aſham'd of the part he had taken in this Affair, and therefore moved very Honourably to have his Name Printed with the reſt of the Gentlemen who Voted for the Union, the Liſt of whom I have put into the Appendix to this Work, becauſe the Vote upon [51] this Article being the main Tryal of Skill in the Houſe, upon the Union in General, and the Houſe having Ordered them to be made Publick with the Minutes; it may not be Amiſs to let Poſterity ſee who, and who, were for, or againſt.

There were ſeveral other Liſts Printed, upon the occaſion of the following Votes, as per the reſpective Minutes will appear, which I have for want of Room, Omitted; The preſent Liſt will be found marked—N. F x x.

MINUTE XVII.

Friday 8. November 1706.

Prayers Said,

Rolls Called,

Repreſentation and Petition of the Commiſſion of the General Aſſembly of this Church, Repreſenting ſeveral Difficulties in relati⯑on to ſome of the Articles of Union, and Craving ſuteable Reme⯑dies, Read.

Then the following Addreſſes were given in and Read, viz. Ad⯑dreſs of the Inhabitants of the Paroch of Tulliallan ſubſcribing the ſame; Addreſs of the Magiſtrates, Town-Council, Merchants, Deacons of Crafts, and other Tradeſmen and Inhabitants within the Burgh of Dumferling, Subſcribers of the ſame; and an Addreſs by Heretors, Merchants, Maſters of Ships, Mariners, and other In⯑habitants in the Town of Borrowſtounneſs; ſubſcribing the ſame, all againſt allowing of an Incorporating Union with England, upon the Terms contained in the Articles.

As alſo, an Addreſs of the Inhabitants of the Paroch of Blantyre, Subſcribers of the ſame, and an Addreſs of Heretors and Commoners in the Paroch of Avendale, ſubſcribing the ſame, That no Union be haſtily entered into with England, were likeways given in and Read.

Thereafter an Act for Security of the True Proteſtant Religion and Government of the Church, as by Law Eſtabliſhed within this King⯑dom, was again Read.

Moved, That the Conſideration of the ſaid Act be delayed till next Sederunt.

Moved alſo, That the Parliament proceed to the Conſideration of the Act for a Supply.

And after ſome Reaſonings on theſe Motions, it was agreed to lay aſide the Act for Security of the Proteſtant Religion and Church Government for this Sederunt, and to proceed to the Act for a Supply, and accordingly the Act for a Supply was again Read.

And it was agreed, That a Supply of Eight Months Ceſs ſhould be granted to Her Majeſty, for the Ends and Uſes mentioned in the [52] Act, extending to Five Hundred and Seventy Seven Thouſand Sixty Six Pounds, Thirteen Shilling, Four Pennies, and that it ſhould be pay⯑able at the Terms following, viz. One Months Supply the Tenth of December for Martinmaſs next, One Month and a half Months Sup⯑ply at Candleſmaſs One Thouſand Seven Hundred and Seven, One Month and a half at Whitſunday, One Month and a half at Lamb⯑maſs, One Month and a half at Martinmaſs the ſaid Year, and one Months Supply at Candlemaſs One Thouſand Seven Hundred and Eight.

Moved, That, in place of the Retention of a Twelfth Part of Annualrents allowed by the above Act for a Supply, there be an Allowance granted for Retention of a ſixth part of Annualrents, and after ſome Reaſoning thereupon, it was put to the Vote, Ap⯑prove of the Article anent the Retention, or Amend, and it carryed Approve.

And after ſome Amendments, the Act was Voted and Approven.

Adjourned till the Morrow at Ten a Clock.

OBSERVATION XVII.

I have already given an account of the Birth of this Paper called, The Repreſentation and Petition, and the ſeveral Diffi⯑culties it met with in the Commiſſion of the Aſſembly, and which, ſome have ſaid, was a Reaſon, why it met with leſs Encouragement in the Parliament, than was expected, but it may be worth Notice, that notwithſtanding it did not meet with a very kind Reception, ſome of the Gentlemen having been diſobliged in the Caſe of their Proteſt, yet the Houſe did not wholly Omit the Things deſired in it.

Some of the Gentlemen, who, as Ruling Elders, had pro⯑teſted in the Commiſſion, had it ſeems met with ſome Per⯑ſonal Reflections from the Raſhneſs of ſome Members; that was diſobliging enough, and upon which they had withdrawn themſelves from the Commiſſion, and ſeldom, if at all, came there any more during the whole Sitting; And tho' the Raſhneſs of the Perſons who gave thoſe Reflections, was not Approved by the Commiſſion, yet it ſtuck a little too cloſs with ſome People, and it was thought, made them leſs careful of the Application made by the Miniſters in this Caſe.

Upon the receiving the Repreſentation or Petition into the Houſe, there were no Debates of any Conſequence, it was only Read, and the Act of Security being as per the Minutes Adjourned, the other lay by of Courſe.

The Money Bill now came on, and as the other Party thought the ſpeeding of it might be a Step, to put an End to the Seſſion, they all came into it, and gave it all the diſpatch poſſible.

[53] It was apparent, that in order to break up this Treaty, the Gentlemen ſtudied all poſſible Methods to raiſe the Par⯑liament—, this they could never have done while the Funds remained Unſettled, becauſe it being a Thing of ſuch Conſequence to the Kingdom, the whole Countrey would have laid it at their Door, and the Queen would have had the higheſt Affront put upon both Her Perſon and Govern⯑ment imaginable; And therefore this was one of the firſt Things they puſht at, and that made it paſs immediately with no Oppoſition at all, thoſe Gentlemen complying with it as it was removing an Obſtruction to their General Deſign.

MINUTE XVIII.

Saturday 9 November 1706.

Prayers ſaid,

Rolls Called.

The Act for Supply was Touched with the Scepter by Her Ma⯑jeſties high Commiſſioner in the uſual manner.

Thereafter the following Addreſſes were given in and read, viz. Addreſs by the Provoſt, Baillies, Town-Council and Burgeſſes of the Burgh of Forfar ſubſcribing the ſame. Addreſs of Heretors and Commons in the Paroch of Cambuſnethan ſubſcribing the ſame; Ad⯑dreſs of the Heretors, Elders, and Heads of Families of the Paroch of Cambuſlang ſubſcribers of the ſame; Addreſs by Heretors, Seſſion and Inhabitants of the Paroch of Kilbryde ſubſcribing the ſame; Addreſs of the Heretors, Elders, and Maſters of Families in the Paroch of Bothwel ſubſcribing the ſame; And an Addreſs by He⯑retors and Commons in the Paroch of Old Munkland ſubſcribing the ſame: All againſt entering into an Union with England in the Terms of the Articles.

Thereafter the Act for Security of the True Proteſtant Religion and Government of the Church as by Law eſtabliſhed within this Kingdom was again read; And upon reading the firſt Clauſe there⯑of, It was moved, that there ſhould be a particular Enumeration made of all the Acts in favours of the Kirk; And after ſome Rea⯑ſoning thereon, the Vote was ſtated, Approve of the Clauſe as it ſtands, or amend and enumerat the Acts, and it carried Approve.

Then the ſecond Clauſe of the ſaid Act was read, and agreed to.

And upon reading the third Clauſe, it was moved, That an Ad⯑ditional Clauſe be added for ſecuring the Continuance of the Uni⯑verſities and Colleges of this Kingdom, and thereupon an Amend⯑ment being made in thir Terms; That the Univerſities and Col⯑leges of this Kingdom, viz. Of St. Andrews, Glaſgow, Aberdeen and [54] Edinburgh, as now eſtabliſhed by Law, ſhall continue within this Kingdom for ever: After ſome Debate thereupon, the Vote was put, Approve of the Clauſe as amended, or not; and it carried Ap⯑prove.

Adjourned till Tueſday next at ten of the Clock.

OBSERVATION XVIII.

The Amendments here made to the Act for Security of the Church, make it evident, that the Parliament did not ſlight⯑ly paſs over that Affair, as ſome people pretended they would do, tho' they did not enter into the Debate of the Inſufficien⯑cy which ſome offered, as Things which tended not to Amend⯑ments of the Act as it was offered, but to a Rupture of the Debate; for the People who offered at the Inſufficiency of the Act, went upon this Foot; Not that this Overture or Act was an Inſufficient Security, but that really the Union with England as an Epiſcopal Nation, was Inconſiſtent with the Safety of the Church of Scotland; and that not this Act only was, but any other Act that could be made, would be Inſufficient to ſecure the Church of Scotland.

This appeared to be the plain Deſign, in that as I have already noted, the Gentlemen that ſpoke Loudeſt for the Inſufficiency of the Act of Security, were not of thoſe People, who really were moſt concerned for the Safety of the Church of Scotland; the Objections alſo were not Calculated for Amendments or Additions, but for De⯑ſtroying the Bill it ſelf, as Built on the ſuppoſition of a Union, which, they ſaid, Was a Foundation that would not bear ſuch a Superſtructure—. And tho' ſome well meaning Men too were of Opinion, that the Church of Scotland could not really be ſafe in a Union within England; yet theſe Gentlemen, as is noted, applyed it purely as an Obſtacle to the Union, and as a Thing by which means, they hoped, to render the Union Univerſally Odious and Terrible to the People.

And this will be more apparent from the Proteſt entered into, after all the Clauſes were Read, and after all Amend⯑ments, that could be reaſonably deſired, were agreed to, as will appear in the next days Minute.

MINUTE XIX.

[55]
Tueſday 12 November 1706.

Prayers ſaid,

Rolls Called,

The following Addreſſes were given in and read, viz. Addreſs of the Magiſtrates, Town-Council, Merchants, Deacons of Crafts and other Inhabitants within the Burgh of Crail ſubſcribing the ſame; Addreſs of Heretors and Commons in the Paroch of Easter-Munkland ſubſcribers of the ſame; Addreſs of Heretors and Commoners in the Paroch of Shotts ſubſcribing the ſame; Addreſs of Heretors and Com⯑moners of the Paroch of Dalſerf ſubſcribing the ſame; Addreſs of He⯑retors and Commoners in the Paroch of Stenhouſe ſubſcribers of the ſame; Addreſs of a Body of People in the South and Weſtern Shires, ſubſcribed by Mr. John Hepburn and other ſeven perſons; and an Addreſs of the Magiſtrates, Town-Council and other Inhabitants of the Burgh of Kircudbright ſubſcribers of the ſame; All againſt al⯑lowing an Union with England in the Terms of the Articles.

Thereafter the Parliament proceeded to the further Conſideration of the Act for Security of the True Proteſtant Religion, and Govern⯑ment of the Church as by Law eſtabliſhed within this Kingdom, and the Fourth Clauſe thereof again read, whereupon it was mov⯑ed, that a Clauſe ſhould be added in thir Terms, And that they ſhall be capable of any Office Civil or Military, and to receive any Grant, Gift or Right, and to have Command or Place of Truſt from and under the Sovereign within any Part of Great-Britain: And after Debate there⯑upon, it was put to the Vote, Add the above Clauſe, or not; and it carried Not. And the Clauſe as it ſtood in the Draught of the Act agreed to.

Then the Fifth Clauſe of the Act was alſo read, and agreed to with ſome Amendments.

And the next Clauſe being again read and amended, was like⯑wiſe agreed to.

Whereupon the whole Act was again read, as alſo the laſt Repre⯑ſentation and Petition of the Commiſſion of the General Aſſembly of the Church, and a Vote was thereupon ſtated, Approve the Act, or not.

But before Voting, the Lord Beilhaven gave in a Proteſtation in thir Terms, That he did Proteſt in his own Name, and in Name of all thoſe who ſhall adhere to him, That this Act is no valid Security to the Church of Scotland, as it is now eſtabliſhed by Law, in caſe of an Incorporating Ʋnion, and that the Church of Scotland can have no real and ſolid Security by any manner of Ʋnion, by which the Claim of Rights is unhinged, our Parliament Incorporated, and our diſtinct So⯑vereignty and Independency aboliſhed; which being read, he took Inſtruments thereupon: And the Duke of Hamilton, the Duke of [56] Athole, the Marqueſs of Annandale, the Earl of Errol, the Earl Ma⯑riſchal, the Earl of Wigtoun, the Earl of Selkirk, the Earl of Kincar⯑dine, the Viſcounts of Stormount and Kilſyth, the Lord Oliphant, the Lord Blantyre, the Lord Colvil, the Lord Kinnaird, Andrew Fletcher of Saltoun, John Brisbane younger of Biſhoptoun, Mr. Willi⯑am Cochran of Kilmaronock, Sir Humphray Colquhoun of Luſs, Ro⯑bert Rollo of Powhouſe, John Murray of Strowan, Francis Moliſon, Mr. John Carruthers, and George Home adhered thereto.

Moved, That all the Members ſhould be Marked, as they ſhould approve the Act or not, and alſo as they ſhould adhere to the Pro⯑teſt, and that the Liſt of the Members, as they ſhall Vote pro or con, ſhall be printed, and agreed to.

Then the Vote was put, Approve, or Not; and it carried Approve.

Adjourned till Thurſday next at Ten of the Clock.

OBSERVATION XIX.

The reading of the Act of Security having been begun laſt day, ſeveral Amendments were offered, ſuch as firſt the Enu⯑merating the Acts of Parliament upon which it was grounded; This admitted no long Debates, if it had had any Significa⯑tion, it would have been granted, but it was generally eſteemed a thing of no value, meerly unneceſſary and trifling, and as ſuch was rejected: The Reaſon given was, becauſe one Act is particularly ſpecified to be ratified by this Treaty, to wit, The 4th Act of the 1ſt Parliament of King William and Queen Mary, Intituled, An Act Ratifying the Confeſſion of Faith, and Settling Presbyterian Church Government, and then it mentions, With the hail other Acts relating thereunto, which was thought ſufficient and full enough.

The next Amendment was for the Colleges, which was found reaſonable, and was hinted by ſome, who had, not without juſt Cauſe obſerved, how much the Schools of the Diſſenters in England are regretted by ſome People, who en⯑vy the Encreaſe of their Number; And this therefore, as a moſt reaſonable Demand, was immediately agreed to by the the Parliament, and is made part of the Act, as will appear by the Draught of the Bill.

The Fourth Clauſe had an Objection of greater Moment depending on it, which cauſed long Debates, and was built on a Foundation, however plauſible and juſt in it ſelf, had yet ſuch a known Impoſſibility before it, morally ſpeaking, as that no ſmall Hopes were conceived from it, that it would ſhock the whole Treaty.

All Men know, That, in England, by the TEST ACT, as it is called, all Perſons that obtain any Office, Civil or Mili⯑tary, &c. are obliged to take the Sacrament, according to the Uſage of the Church of England, and to bring Certifi⯑cates, &c. of the ſame, under pain of Incapacity, among [57] other Penalties: Now it was a moſt plauſible Argument, That, if the Subjects of both Kingdoms were to enjoy equal Privileges, the Subjects of Scotland taking the Sacrament in the National Church of Scotland, ought to be as capable of Places or Offices, &c. as the Subjects of England taking the Sacrament in the National Church of England.

Nor was this Matter carried a little Way, but became the Subject of infinite Diſcontents without Doors, and of long Diſputes within—; It was ſuggeſted and printed too, by the ſame Author, of whom mention is already made, as Writing againſt the Ʋnion, That all the Members of Parliament in England were obliged to take the Sacrament before they could ſit in the Houſe, but this, as falſe in Fact, was cruſh'd at firſt, ſeveral Accounts being given of its being quite otherways—; But then this Clauſe coming in upon the Neck of that Surmiſe, it was thought a Popular Argument, and indeed was ſo: And the People began to be very uneaſy about it, ſaid the Parliament would give up all to the Engliſh; That this was ſo fair a Thing, it could not be argued againſt, and in⯑deed a great many People looked upon the Thing, viz. taking of the Engliſh TEST, as what they wiſhed earneſtly enough to have done; but the more penetrating Judg⯑ments ſaw further into the Depth of this, and finding it a De⯑ſign purely ſtrikeing at the Root of the Union, they were the rather inclined to drop it, tho' they at the ſame time deſired it—, the Difficulty lying in this, That the Sacramental Teſt being a thing the Engliſh Parliament have been very Tenacious of, upon all Occaſions, this would be to ask ſomething which they knew would not be granted, and conſequently put the Treaty to a Stop.

Others again propoſed a Reciprocal Teſt to be placed in Scotland, to ſecure or exclude all ſuch of the Engliſh Nation, as would not acknowlege this Church, &c. The Tenor of this was according to the following Copy, which they called a Formula.

I A. B. do Swear and Declare, That the Presbyterian Go⯑vernment of this Church is a lawful Government, and that I ſhall neither, directly nor indirectly, do any thing to the Alteration thereof.

But this alſo dropped of it ſelf, for ſome People that were nevertheleſs againſt the Union; yet were againſt this ſort of Reciprocal Oath, as a thing they did not approve on any Ac⯑count one or other.

there were ſome ſmall Amendments to the Fifth and Sixth Clauſe, but not of Conſequence, and thus this difficult Mat⯑ter was paſt into a Law.

There were ſome who clamour'd very much on this Head, and a great many perſonal Reflections were made, I will not ſay, altogether without Cauſe, viz. That the Church was aban⯑doned by her own Friends, or at leaſt by thoſe who pretended to be ſo; That, if they had asked more, it might have been [58] obtained; and that the Demands the Miniſters made, were not duly weighed, much leſs anſwered; but yet it ſeems, on the whole, that the main Foundation Article, viz. The E⯑ſtabliſhment of the Church Government unalterable, was effec⯑tually ſecured; and tho' ſome particulars might be omitted, the Church has no open place left, at which her Enemies can wound her Conſtitution.

There were great Clamours raiſed, both within and without the Houſe, about the Inſufficiency of this Act of Se⯑curity, as that it was leſſening the Security the Church already had by the Claim of Right, and not providing an Equivalent Security in the Room of it; That the very Treating of it, im⯑plyed a further Security was needful, and yet no further Secu⯑rity was provided, than alone confirming the Claim of Right.

This was the Foundation of the Propoſal of the Reciprocal Teſt, or an Oath to ſecure the Church of Scotland, in like manner, as the Teſt Act is for the Security of the Church of England. Of which above.

Another Objection was, That tho' indeed the Act of Wil⯑liam and Mary was confirmed, yet, that the Act declaring it to be High Treaſon to Impugn the Claim of Right was not confirmed, nor the other Acts relating thereto ſpecified—; Nor ſome Ancient obſolete Acts taken away, which ſtand unrepealed, and which are inconſiſtent with Presbyterian Government.

This was Anſwered, particularly as to Enumerating the Acts as above and as to Repealing the Acts, the Twenty Fifth Ar⯑ticle of the Union declares all Acts contraveening this Trea⯑ty to be ſo far, as they do ſo contraveen this Treaty, ipſo facto Repealed, &c.

Again it was objected, That here was no Proviſion made for Prevention of Miſchief to the Church, for want of a Com⯑miſſion or Court for Plantation of Kirks, and Valuation of Teinds, which is what the Church will be in great want of.

This was effectually Anſwered, by ſettling an Act of Par⯑liament, previous to the Union, for the Plantation of Kirks and Valuation of Teinds, Impowering the Lords of Council and Seſſion to Judge, Cognoſce and Determine in all Affairs and Cauſes whatſoever, which, by the Laws and Acts of Parliament of this Kingdom, were formerly referred to, and did pertain and belong to the Juriſdiction and Cognizance of the Commiſſioners formerly appointed for that Effect, as fully and freely in all reſpects, as the ſaid Lords do or may in other Civil Cauſes.

The great and main Objections were againſt the Poſſibility of either Church or State being ſecured ſo by this Treaty, as that a Britiſh Parliament might not overwhelm it again by Plurality of Voices, which is a ſuppoſed Conſent.

This, as the ſame, with the general Objection againſt the Union, was anſwered in the general Terms of the Union, [59] viz. That this was to remain Unalterable for ever, and there⯑fore could not be ſuppoſed to be Temporary.

Upon the Debate of theſe Things its plain, what I have ſo often alledged on theſe Gentlemen, and which therefore is not putting it as my Opinion, which I am not at all forward to offer to the World; but it appears, That the Objection of the Gentlemen did not ſo much ly againſt particular Clau⯑ſes, tho' they thought fit to diſpute their Ground by Inches there too, but this Objection lay againſt the general Head, The Ʋnion, and they brought every Head, as they went thro' them, to ſhock directly with the whole Treaty.

Thus in the Proteſt given in here by the Lords Diſſenting, it is expreſly ſaid, That the Church of Scotland can have no real and ſolid Security by any manner of Union, &c.—as per the Minute.

Alſo it is to be noted here, That the Gentlemen of that ſide were the firſt who Moved to Print the Names of all thoſe that Voted to the firſt Article, Pro and Con, which was thought at that time a day, an Expoſing the Perſons to the popular Reſentment, the Tumults of the People beginning to be at that time very high.

But the other Party, who had agreed voluntarily to the, ſaid Printing of Names, took the Advantage now, and Mov'd, That the ſame might be done alſo, in the Vote about the Church, by which the Epiſcopal Party were brought in, proteſting in behalf of the Church: The Gentlemen would have avoid⯑ed it, but having been the firſt in putting the like upon the other, they could not ſhun it: This Expoſed them very much, and opened the Eyes of many of the People, when they ſaw ſuch People Voting for the Church, who never own'd the Church in their Lives; and others Voting againſt the Thing, who were conſtant Members of the Church, and had given conſtant proof of their Zeal for the Churches advantage.

And thus the Act of Security was paſt, and after Engroſſed into the Body of the Articles, as will appear by the Act of Parliament.

MINUTE XX.

Thurſday 14. November 1706.

Prayers Said,

Rolls Called,

The Lord Chancellor moved, that albeit he had no Opportuni⯑ty to Vote for approving the Act For ſecurity of the true Proteſtant Religion and Government of the Church of Scotland as now by Law eſta⯑ſtabliſhed; yet he deſired his Name to be Recorded as an Approver, [60] and to be Printed among thoſe who Voted Approve: And the ſame was agreed to.

Then the following Addreſſes were given in and read, viz. Ad⯑dreſs of Parochiners of Covingtoun, Carſtairs and Symontoun ſubſcrib⯑ing the ſamen; Addreſs of Parochiners of Libertoun, Quothquan and Dunſyre ſubſcribers of the ſame; Addreſs of the Magiſtrates, Gentlemen, Heretors, Burgeſſes and Inhabitants within the Burgh and Paroch of Rutherglen ſubſcribing the ſame; Addreſs of the Pa⯑rochiners of Carnwath ſubſcribers of the ſame; And an Addreſs of Barons, Heretors and Free-holders within the Sheriffdom of Lanerk ſubſcribers of the ſamen: All againſt allowing an Union with Eng⯑land in the Terms of the Articles.

Thereafter the ſecond Article of the Union again read, where⯑upon a Motion was made in thir Terms; ‘"That before any Vote upon the ſecond Article of Union, it be inſert in the Minutes as a Preliminary, That the agreeing to the ſecond Article of the Treaty in relation to the Succeſſion to the Crown of Great-Britain, ſhall not be binding, or have any effect, unleſs Terms and Conditions of an Union of the two Kingdoms be finally adjuſted and con⯑cluded, and an Act paſs thereupon in this Parliament; And that the ſaids Terms and Conditions be alſo agreed to, and Ratified by an Act of the Parliament of England.’

As alſo a Reſolve was given in, in thir Terms, viz. ‘"Reſolved, that this Houſe will proceed to the Conſideration of the Articles in the Treaty which relate to Trade and Taxes before any of the other Articles;’ which being read,

After ſome Debate thereupon, the Vote was ſtated Proceed to the Conſideration of the ſecond Article of the Ʋnion in the terms of the above Motion, or proceed to the Conſideration of the Fourth and other Articles of the Treaty which relate to Trade and Taxes.

And before Voting, it was agreed, That the Members ſhould be marked as they Vote, and that the Liſt of their Names ſhould be Printed accordingly.

Then the Vote was put, Proceed to the ſecond Article of Ʋnion in the terms of the Preliminary Motion, or proceed to the Fourth and other Articles; and it carried proceed to the ſecond Article of Ʋnion.

Adjourned till to Morrow at ten of the Clock.

OBSERVATION XX.

The Obſervations on this day are referr'd to the next, there being nothing done, but the Vote to proceed.

The Oppoſion to this Vote was in order, if poſſible, to have delayed the Affair of the Succeſſion, to have kept the Jacobite Party expecting, and conſequently adhering to them in the Oppoſition, but they fell out quickly, as will appear in the next Minute.

MINUTE XXI.

[61]
Friday 15. November 1706.

Prayers Said,

Rolls Called,

Repreſentation and Petition of the Commiſſion of the General Aſſembly of this Church, Repreſenting the Increaſe of Popery, Prophanity and other Irregularities; and craving the ſame may be reſtrained, and that the Succeſſion to the Crown may be Eſtabliſhed in the Proteſtant Line, Read; and remitted to the Committee for Examining the Calculation of the Equivalent, to conſider of pro⯑per Methods for ſuppreſſing Popery, Prophanity and other Irregu⯑larities, and for Execution of the Laws already made; and to con⯑ſider what Laws may be further neceſſary for the effectual ſuppreſſing thereof, and preventing the ſame.

Then the following Addreſſes were given in and Read, viz. Ad⯑dreſs of Merchants and Trades of the City of Glaſgow, ſubſcribers of the ſame; Addreſs of Feuars, Maſters of Families, and other In⯑habitants of Gorbels, and Mure thereof ſubſcribing the ſame; Ad⯑dreſs of the Parochioners of Biggar, ſubſcribers of the ſame; And two ſeveral Addreſſes of Barons, Heretors and Freeholders of the Shire of Lanerk, ſubſcribing the ſame, all againſt allowing an Uni⯑on with England in the Terms of the Articles.

Thereafter the ſecond Article of Union was again Read, with the preliminary Motion mentioned in the former days Minutes.

Whereupon it was moved, That the Parliament do proceed to ſettle the Succeſſion upon Regulations and Limitations in the Terms of the Reſolve given in and narrated in the Minutes of the Fourth of November inſtant, and not in the Terms of the ſecond Article of Union.

Moved alſo, To Addreſs Her Majeſty, and to lay before Her the Condition of the Nation, and the great Averſion in many perſons to an Incorporating Union with England, and to acquaint Her Majeſty of the Inclinations and Willingneſs to ſettle the Succeſſion in the Proteſtant Line upon Limitations, and in order thereto that ſome Receſs be granted.

And after Debate upon theſe ſeveral Motions, a Vote was pro⯑poſed, Approve of the ſecond Article of Ʋnion in the Terms of the pre⯑liminary Motion inſert in the former Days Minutes, or not.

And after ſome furder Debate, there was a ſecond State of a Vote offered in theſe Terms, Addreſs or not.

And after ſome Reaſoning, which of the two ſhould be the ſtate of the Vote, it was put to the Vote, Whether firſt or ſecond, and it carried firſt.

[62] But it being Moved, That ſome further Reaſoning ſhould be al⯑lowed before the Vote were ſtated for approving the ſecond Article of Union; after ſome Debate thereupon, it was agreed, That the Engliſh Acts of Parliament mentioned in the ſecond Article of Union be Read, and that immediately thereafter without further Debate, a Vote ſhould be ſtated, Proceed to call the Vote for approving the ſecond Article of Union, or Delay, and if it carried Proceed, that the Vote immediately thereafter, without any interveening Debate be put, Approve of the ſecond Article of Union in the Terms of the preliminary Motion mentioned in the laſt Days Minutes, or not.

And accordingly the Acts of the Engliſh Parliament mentioned in the ſecond Article of Union were Read.

Thereafter the Vote was put, proceed to call the Vote for ap⯑proving the ſaid ſecond Article of Union, or delay, and it carried proceed.

Then the Vote was put, approve the ſecond Article of Union in the Terms of the preliminary Motion inſert in the laſt Days Minutes, Yea, or Not.

But before Voting the Earl Mariſchal gave in the following Pro⯑teſt, whereby he did proteſt for himſelf, and all thoſe who ſhall adhere to this Proteſtation, ‘That no perſon can be deſigned a Succeſſor to the Crown of this Realm, after the Deceaſe of Her Majeſty (whom GOD long preſerve) and failȝieing Heirs of Her Body, who is Succeſſor to the Crown of England; Ʋnleſs that in this preſent Seſſion of Parlia⯑ment, or any other Seſſion of this or any enſuing Parliament during Her Majeſties Reign, There be ſuch Conditions of Government Settled and En⯑acted, as may ſecure the Hononr and Sovereignity of this Crown and Kingdom, the Freedom, Frequency and Power of Parliament, the Reli⯑gion, Liberty and Trade of the Nation, from Engliſh or any Foreign In⯑fluence;’ Which being Read, he took Inſtruments thereupon, and the Dukes of Hamilton and Athole, the Earls of Errol, Mariſchal, Wigtoun and Strathmore, the Viſcounts of Stormount and Kilſyth, the Lords Saltoun, Semple, Oliphant, Balmerino, Blantyre, Bargany, Colvil and Kinnaird, George Lockhart of Carnwath, Andrew Fletcher of Saltoun, Mr. Alexander Ferguſon of Iſle, John Brisbane younger of Biſhoptoun, Mr. William Cochran of Kilmaronock, John Grahame of Killairn, James Grahame of Bucklyvie, Robert Rollo of Powhouſe, John Murray of Strowan, James More of Stonywood, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouſe, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie younger of Boyn, James Sinclair of Stempſter, Mr. George Mackenzie of Inchcoulter, Alexander Edgar, James Oſwald, Alexander Duff, Francis Moliſon, George Smith, Robert Scot, Robert Kellie, John Hut⯑chiſon, Archibald Sheills, Mr. John Lyen, Mr. John Carruthers, George Home, John Baine, and Mr. Robert Frazer adhered thereto.

And it was agreed, That the Members ſhall be marked as they ſhall adhere to the Proteſt; and alſo as they ſhall Vote Approve [63] or not, and the Liſt of the Members Names as they ſhall Vote pro or con, be Printed.

Then the Vote was put, Approve or not, and it carried Approve.

And the Lord High Chancellor was allowed to have his Name Printed and Recorded as an Approver; As alſo to be Recorded and Printed amongſt thoſe who Voted proceed to the ſecond Article the laſt Sederunt.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION XXI.

The Debates of this Day made yet a larger Diſcovery of the Affair, and the Gentlemen who were againſt the Union, ſtruggling on all Occaſions againſt the going on of the Ar⯑ticles, took now a new meaſure.

The Marqueſs of An—dale made this Motion for the Suc⯑ceſſion, as appeared by the Lord Beilhavens Speech; There had been a Party of Gentlemen, as was before obſerved, who were always for the Succeſſion with Limitations, but were oppoſed by others who were intirely againſt' the Succeſ⯑ſion at all, as it reſpected the Houſe of Hannover: But as ſeveral People differing in their other Sentiments, yet joyned in their oppoſing the Union, ſo here the ſtrongeſt Oppoſers of the Succeſſion came now into the Thing they had ſo long oppoſed, and moved now for the Succeſſion with Limitations, in order to avoid the Union.

My Lord Beilhaven ſeconded this with another Speech, which was afterward printed, in which his Lordſhip moved for ſettling the Succeſſion upon the Princeſs Sophia of Hannover &c. I have printed this Speech the rather, becauſe it is really the Subſtance or Recital of three Speeches, as will be ſeen in the particulars of it, and ſhews plainer than I can otherways ex⯑preſs, how that part was acted.

My Lord Chancellor.

Your Lordſhip may remember the laſt day, when we had under Conſideration, whether to proceed to the Fourth or Second Article, That I did Witneſs my Con⯑cern and Reſentment, to find ſo many Honourable and Worthy Members of this Houſe, ſo forward to finiſh the Demands of England, in this Treaty; without tak⯑ing Notice of any one Article, that could be properly ſaid to relate to the Demands of Scotland.

Now, that we are entered upon the Second Article, I deſire to be reſolved in one QƲESTION, What are the Motives, that ſhould engage us to take England's Succeſ⯑ſor upon their own Terms? Is it not ſtrange, that no [64] ANSWER ſhould be given to this Queſtion, ſave that, When you come to conſider the reſt of the Articles, you ſhall be ſatisfied on that Demand? This is a new way of Ar⯑guing, My Lord, a Method without Precedent, ranver⯑ſing Nature; and looks more like Deſign than Fair-Dealing. I profeſs, I think the Huge and Prodigious Rains, that we have had of late, have either drowned out, or found out another Channel for Reaſoning, than what was formerly; for by what I can ſee by this New Method, the Agreeing to the Firſt Article, ſhall be found a ſufficient Reaſon, why we ſhould agree to the Second, and the Agreeing to the Second for the Third, and ſo for all.

If there was ever ſuch a Farce acted; if ever Reaſon was Hudibras'd, this is the time: Conſult all the Treaties ſince the beginning of the World to this day, and if you can find any one Precedent, I ſhall yield the Cauſe.

I ſhall Inſtance, My Lord, one for all, and that is, The firſt and worſt Treaty that ever was ſet on Foot for Mankind; and yet, I am ſorry to ſay it, there appears more Ingenuity in it, than in our Procedure: When the Serpent did Deceive our Mother Eve, he propoſed three Advantages, before he preſum'd to Adviſe her to to Eat the Forbidden Fruit: The Firſt was taken from the Sight, the Second from the Taſte, and the Third from the Advantage following thereupon. That from the Sight, was inforced by a Behold, how lovely and comely a thing it is, it's pleaſant to the Eye. That from the Taſte, from a Perſwaſion, that it was Good for Nouriſhment, it's good for Food. That from the Advantage, it will make you wiſe, ye ſhall be as the Gods; therefore, upon all theſe Conſiderations, Eat.

Allow me, My Lord, to run the Parallel of this, with Relation to our Procedure in this Treaty.

Upon the firſt Account that our Nation had, of the Treaty's being finiſhed betwixt the two Nations, People appeared all generally very well ſatisfied, as a thing that would tend to the Removal of all Jealouſies, and the ſettling a good Underſtanding betwixt the two Kingdoms. But, ſo ſoon as the Articles of the Treaty ap⯑peared in Print, the very Sight of them made ſuch a Change, as is almoſt inconceivable; they were ſo far from being pleaſant to the Eye, My Lord, that the Na⯑tion appears to abhor them.

One would think, My Lord, That it had been the Intereſt of thoſe, who are ſatisfied with the Thing, to have gone immediately into the Merits of theſe particu⯑lar Articles which relate to Scotland, and to have ſaid, Gentlemen, be not affrighted with their ugly Shape, they are better than they are bonny; Come, Taſte, come make a [65] narrow Search and Inquiry, they are good for Scotland, the wholeſomeſt Food that a Decaying Nation can take: You ſhall find the Advantages, you ſhall find a Change of Condition, you ſhall become Rich immediately; you ſhall be like the Engliſh, the moſt Flouriſhing and Richeſt People of the Ʋniverſe.

But our Procedure, My Lord, hath been very far from the Prudence of the Serpent; for all our Arguments have run upon this blunt Topick, Eat, ſwallow down this Incorporating Ʋnion, tho it pleaſe neither Eye nor Taſte, it muſt go over: You muſt believe your Phyſicians, and we ſhall conſider the Reaſons for it afterwards.

I wiſh, My Lord, That our Loſs be not in ſome ſmall manner Proportionable to that of our firſt Parents, they thought to have been Incorporate with the Gods: But in place of that, they were juſtly Expelled Paradiſe, Loſt their Sovereignty over the Creatures, and were forced to Earn their Bread with the Sweat of their Brows.

My Lord Chancellor, I have heard a Propoſal, made from the other Side by the Marquis of Annandale; That, in place of Agreeing to this Second Article, where⯑in the Succeſſion is to be Declared, as a Conſequence of our being United to England in one Kingdom, we ſhould immediately go to Intail our Crown upon the Illuſtrious Family of Hannover, upon ſuch Conditions and Limitations as are in our own Power to make, for the Security of our Sacred and Civil Concerns. I think, This is the Import of what his Lordſhip gave in, by a Reſolve formerly, and hath told this Honourable Houſe, That he thinks, he acts Conſequentially to his Former declared Principles, and that this is now the on⯑ly Meaſure, which can ſettle and ſecure the Peace and Quiet of this Nation, and fix a firm Security for the Pro⯑teſtant Intereſt, and a perfect Underſtanding betwixt the two Nations.

I have alſo heard a Diſcourſe, by his Grace the Duke of Hamilton, ſhewing, That ever ſince his Grace had the Honour to be a Member of this Honourable Houſe; he had made it his Buſineſs to ſerve the Sovereign and his Nation faithfully and honeſtly, without any By-Ends, By-Views, or Self-Intereſts; That before the Affair of the Succeſſion was Tabled in Scotland, he had endeavoured to promote the Intereſt of his Nation, by Good Laws, and by the beſt Counſels he was capable to give, for rectifying Things amiſs, and advancing the ſolid Intereſt of his Country; That ſince the Affair of the Succeſſion came to be Conſidered, he could never give himſelf the Liberty to believe, but that previous to any Settlement, we ought to have had ſuch Conde⯑ſcenſions [66] with Relation to Trade and Commerce from England, as might Retrieve the Loſſes the, Nation hath ſuſtained from them, ever ſince the Union of the Two Crowns under one Sovereign; and that thereupon, to prevent all Faction and Party in the Treating of an Affair of ſuch Importance, he had freely left the Nomination of the Lords Commiſſioners to Her Majeſty, and wiſhes the Choice had been Anſwerable to his Deſign: But none can accuſe him as Bargaining for himſelf, ſince he has no Reaſon to Complain of the Breach of any Sti⯑pulation upon that Head; That now having Conſider⯑ed the Articles of this Treaty lying before us, and the Fatal Conſequences that may follow upon the Finiſhing of an Incorporating Union with England, with the ge⯑neral Averſation that appears by the Addreſſes from the ſeveral Shires of the Kingdom, and particularly from the Addreſs of the Commiſſion of the General Aſſembly, and of the Royal Burrows of Scotland; he finds it neceſſary to al⯑ter his Thoughts of that Matter, That he was none of theſe who loved to keep Things Looſe and in Confuſion; He had an Eſtate in both Kingdoms, and therefore it was not to be ſuppoſed, he would make uſe only of a Treaty, to throw out the Succeſſion one time; and of the Succeſ⯑ſion, to throw off the Treaty another time. Therefore to prevent worſe Conſequences, he is content, That in this Parliament, the Succeſſion be Declared and Settled upon the Illuſtrious Princeſs Sophia Electoreſs of Hannover, and the Heirs of Her Body, upon ſuch Conditions and Limi⯑tations as ſhall be found neceſſary by this Parliament, to ſecure our Civil Rights and Liberties, the Independency and Sovereignty of the Nation, & the Presbyterian Govern⯑ment of this Church, as it is Founded upon the Claim of Right, and Eſtabliſhed by Law, and whoſe Privileges and Settlement he Reſolves to Support with the Outmoſt of his Power.

And therefore, his Grace thinks himſelf Obliged with all Humility in this preſent Juncture of Affairs, to Addreſs himſelf particularly to His Grace My Lord Com⯑miſſioner, and to beg of his Grace, That he would be pleaſed to acquaint Her Majeſty with the True State of the Nation, and with the Propoſal made for Allaying the preſent Ferment and Settling a Solid Peace and Good Un⯑derſtanding betwixt Her Two Kingdoms, and that a ſmall Receſs may be granted in the mean time, till Her Maje⯑ſty's Gracious Anſwer come, which, with all Submiſſion, he conceives, will prevent theſe Bad Conſequences, that the further Puſhing on of this Treaty may occaſion. I think, My Lord, this is materially what his Grace ſaid, tho' not ſo fully nor ſo well expreſſed.

[67] Now, My Lord, it remains, that I give Account of my ſelf and of my own Opinion of this Affair: All who know me, My Lord, know that I have been from the beginning on a Revolution foot; I ventured my Life and Fortune with the Firſt, and I have ever ſince acted Conſequentially to my Principle. It's true I was never a good Courtier under any Reign; becauſe I had a Rule for my Obedience, and never made Obedience my Rule; my Reputation was never ſtained, Nor had I ever any Reproach laid upon me, ſave when I was brought in, Head over Ears, in a SCOTS PLOT, A Plot, very well known, deſign'd to blaſt the Reputation of a Set of People, the beſt affected to the Sovereign, and to the true Intereſt of their Nation, that ever Scotland bred. What my Opinion was with Relation to the Succeſſion is very well known alſo, I lookt upon Limitations with another Eye, than ſome others were pleaſed to do, I was far from Treat⯑ing them in Ridicule; Becauſe as all Human Affairs, they are lyable to Alterations, and might be taken off: that Argument proves too much, and Con⯑ſequently proves nothing at all. Should a Man refuſe to have a good Eſtate ſettled upon him, becauſe he may ſquander it away, and become Bankrupt? Muſt a Good Law be refuſed, becauſe it may afterwards be Re⯑pealed? No, My Lord. Where the Power is lodged in our ſelves, we have all Human Security Imaginable for the Thing; It is not ſo, where the Power is lodged in others: therefore I ſhall alwiſe Chooſe that Security, which depends upon my ſelf, preferable to any other.

This, My Lord, hath Confirmed me, That Limitati⯑ons of our own making is the beſt Security; tho I alwiſe thought them not the Full, of what we merited, for the going into the Engliſh Succeſſion. For Conſidering the Injuries, that we have received from them, we ought to have Reparation upon this Emergent: and I think with⯑out Incorporating with them, they might have given us ſome ſmall Incouragement in our Trade with them, which would have been profitable unto us, and no man⯑ner of way prejudicial unto them, as I can clearly Demon⯑ſtrate, if there be Occaſion for it: But ſince this is not the proper Place nor Seaſon for ſuch Propoſals, I ſhall go in with the Propoſal made by the Marquis of Annan⯑dale, and fortified by his Grace the Duke of Hamilton: becauſe I think, it is the beſt that we can make of it at this time, the fitteſt Meaſure to prevent Civil Wars, allay the Ferment of the Nation, and far preferable to this In⯑corporating Ʋnion, which as to us in all it's Clauſes ap⯑pears to be moſt Ʋnreaſonable.

[68] This was a Politick Speech, there appeared ſome ill Nature in it, & a great deal of Satyre upon the Union, but that was the Temper of the Times, and muſt be paſt over on that account; nor ſhall I ſay any thing to it here, the Noble Perſon that made it, acquieſced in the Union freely enough when it was made; as ſhall appear in its place.

But I can not paſs it over without obſerving, That—this Speech gives Light into ſeveral Things; Firſt, It gives a hint at the Suggeſtion that had been made of D— H—s aiming at his own Title in all his former Oppoſiti⯑on made againſt the Succeſſion, as well formerly as now, and clears that Noble Perſon from all ſuppoſition of ſuch a thing, by his having offered now to come into the Succeſſion.

Secondly, It gives a true ſight of the genuine Reaſon of all this ſudden Complyance with the Succeſſion, a Thing which had ſomething very ſurprizing in it, and which, ſome thought, muſt have preſently carried abundance of People from the other Party, the Deſign being, as was afterward publickly own'd, if poſſible, to Evade the paſſing this Article, as a Branch of the Ʋnion. The Caſe was, They were content with the Succeſſion, as an Act of the Parliament of Scotland, ſettled and Eſtabliſhed in the Form, neceſſary in that Caſe; but they would not have the Succeſſion brought upon them as the Conſequence of the Union.

And at laſt, they had this at the Bottom of it all, That if the Succeſſion had been taken, as it was now offered, it muſt have been taken in ſtead of the Union, and that had anſwe⯑red the preſent Occaſion, viz. Diverting the Grand Affair of the Union.

But they met with a double Diſappointment in this, Firſt, As to offering the Succeſſion in ſtead of the Union, they came too late, ſince the Party who were for the Succeſſion formerly with Limitations, were now come into the Union, as the beſt Scheme of Limitations they could ever hope to attain, and would not go back, finding the Union a better Scheme of Limitation than their own, becauſe it Entitled them to all the Limitations already ſettled in England, which they could not but allow, were more and better than any they had propoſed in Scotland, or than indeed they could expect to obtain.

Secondly, They were diſappointed in the way, for the Jacobites who held with them before in Oppoſing the Union, broke with them here, ſince they found themſelves abandon'd by them in the main Article for which they oppoſed the Uni⯑on, viz. The Tranſpoſing the Crown, as they called it, from the Son of the late King James; and if they were obliged to quite the Article of the Succeſſion, the reſt was indifferent to them.

[69] And therefore you find the Proteſt at the End of the Vote of this Day, was directly againſt the Union, tho' it was put in the uſual Form, of the former Article of Limitations; ſo theſe things did but increaſe the Diviſion, and weaken the Party that Op⯑poſed the Union, and by that means gave the more Room for thoſe who were for the Union, to carry it; And thus the Second Article paſt, which concluded the Settlement of the Proteſtant Succeſſion. And it was to be obſerved, that the ſettling this Article was very ſatisfactory to abundance of People, who were otherwiſe not very well reconciled to the Treaty, and gave a Handle to the Friends of the Union, to bring ſome People to a clearer ſight of their Intereſt, ſince they might ſee the Union was the readieſt way, and perhaps the only way, to obtain the Proteſtant Succeſſion, and to ſe⯑cure it upon the firmeſt Foundation, and on the beſt Limi⯑tations, a Thing which had been long wiſh'd, and very much ſtruggled for before.

MINUTE XXII.

Munday 18. November 1706.

Prayers Said,

Rolls Called,

Then the following Addreſſes were given in and Read, viz. Ad⯑dreſs of Barons, Freeholders and others within the Stewartry of Kirkcudbright ſubſcribing the ſame; Addreſs of Heretors and Houſe⯑holders of the Paroch of Crawford ſubſcribers of the ſame, Addreſs of Heretors and Houſholders of the Paroch of Crawford-John ſub⯑ſcribing the ſame; Addreſs of the Magiſtrates, Dean of Guild, Theſaurer, Guild Council, Deacons of Trades, Members of the Town Council of the Burgh of Couper in Fife and others, Gildry, Trades and Burgeſſes of the ſaid Burgh, ſubſcribers of the ſame; Addreſs of the Presbytery of Lanerk ſubſcribing the ſame; And an Addreſs of Heretors, Elders and Maſters of Families in the Town and out Paroch of Lanerk ſubſcribers of the ſame, all againſt an Union with England, in the Terms of the Articles.

Thereafter the third Article of Union was again Read.

Whereupon it was moved that the agreeing to the third Article of the Treaty, in relation to the Parliament of Great-Britain ſhall not be binding or have any effect, unleſs Terms and Conditions of an Union of the two Kingdoms, and particularly the Conſtitution of the ſaid Parliament be finally adjuſted and concluded, and an Act paſs thereupon in this preſent Parliament, and that the ſaids Terms and Conditions be alſo agreed to, and Ratified by an Act of the Parliament of England, the Conſtitution of the ſaid Parliament of [70] Great-Britain being left intire, until the Parliament come upon the twenty ſecond Article.

Moved alſo to proceed to the conſideration of the fourth and other Articles of Union before the third.

And after ſome Reaſoning thereupon, it was put to the Vote, proceed to the Conſideration of the third Article in the Terms of the above Motion relating thereto, or proceed to the fourth Ar⯑ticle; and it carried, proceed to the third.

And accordingly the Parliament proceeded to the conſideration of the third Article; And after long Debate thereupon, a Vote was ſtated, Approve of the third Article in the Terms of the above Motion relating thereto, yea or not.

But before Voting, the Marqueſs of Annandale gave in a Proteſt, upon the Foot of his former Reſolve preſented to this Houſe, and contained in the Minute of the 4th of November inſtant, and craved that the Narrative thereof might be prefixed thereto, and which Narrative and Proteſt, is as follows, viz. ‘"Whereas it evidently appears, ſince the Printing, Publiſhing and Conſidering of the Ar⯑ticles of Treaty now before this Houſe. This Nation, ſeems Ge⯑nerally averſe to this Incorporating Union, in the Terms now be⯑fore us, as ſubverſive of the Sovereignty, Fundamental Conſtituti⯑on and Claim of Right of this Kingdom, and as threatning Ruine to this Church as by Law Eſtabliſhed.’

‘"And ſince it is plain, that if an Union were agreed to in thoſe Terms by this Parliament, and accepted of by the Parliament of England, it would in no ſort anſwer the peaceable and friendly ends propoſed by an Union; But would on the contrair create ſuch diſmal Diſtractions and Animoſities amongſt our ſelves, and ſuch Jealouſies and Miſtakes betwixt us and our Neighbours, as would involve theſe Nations into fatal Breaches and Confuſions.’

‘"Therefore I do proteſt for my ſelf, and in Name of all thoſe who ſhall adhere to this my Proteſtation, That an Incorporating Union of the Crown and Kingdom of Scotland, with the Crown and Kingdom of England, and that both Nations ſhall be Repre⯑ſented by one and the ſame Parliament, as contained in the Articles of the Treaty of Union, is contrair to the Honour, Intereſt, Fun⯑damental Laws and Conſtitutions of this Kingdom, is a giving up of the Sovereignty, the Birth-Right of the Peers, the Rights and Privileges of the Barons and Burrows, as is contrair to the Claim of Right, Property and Liberty of the Subjects, and third Act of Her Majeſties Parliament 1703, by which it is declared high Treaſon in any of the Subjects of this Kingdom, to Quarrel, or endeavour by Writting, Malicious and adviſed Speaking, or other open Act or Deed, to alter or innovate the Claim of Right, or any Article thereof: As alſo, That the Subjects of this Kingdom, by ſurren⯑dering their Parliaments and Sovereignty, are deprived of all Se⯑curity, both with reſpect to ſuch Rights, as are by the intended Treaty ſtipulated and agreed, and with reſpect to ſuch other Rights, both Eccleſiaſtick and Civil, as are by the ſame Treaty pretended [71] to be reſerved to them. And therefore I do proteſt, that this ſhall not prejudge the Beeing of future Scots Parliaments and Conventi⯑ons within the Kingdom of Scotland at no time coming.’

After Reading whereof, he took Inſtruments thereupon, and it was agreed, That, at calling the Rolls, the Adherers to the above Proteſt ſhould be ſo marked; And alſo, That the hail Members be marked as they ſhall Vote, Approve or Not, and that a Liſt of their Names, as they ſhall Vote Pro or Con, ſhall be printed. And the Lord Chancellor was allowed to have his Name Printed and Record⯑ed as an Approver.

Then the Vote was put, Approve of the Third Article in the Terms of the Motion relating thereto, or not, and it carried Ap⯑prove.

And the Dukes of Hamilton and Athole, the Earls of Errol, Mariſchal, Strathmore and Selkirk, the Viſcounts of Stormount and Kilſyth, the Lords Saltoun, Semple, Oliphant, Balmerino, Blantyre, Bargany, Beilhaven, Colvil and Kinnaird, George Lockhart of Carn⯑wath, Sir James Foulis of Collingtoun, Sir John Lauder of Fountain⯑hall, Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longforma⯑cus, Mr. Alexander Ferguſon of Iſle, John Brisbane younger of Biſhop⯑toun, Mr. William Cochran of Kilmaronock, James Grahame of Buck⯑lyvie, Robert Rollo of Powhouſe, John Murray of Strowan, James More of Stonywood, John Forbes of Colloden, David Beaton of Balfour, Ma⯑jor Henry Balfour of Dunboog, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouſe, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie younger of Boyn, Alexan⯑der Mackghie of Palgown, Mr. George Mackenzie of Inchcoulter, Alexander Robertſon, Walter Stuart, Alexander Watſon, Alexander Edgar, James Oſwald, Francis Moliſon, Robert Scot, Robert Kellie, John Hutchiſon, Archibald Sheills, Mr. John Lyon, Mr. John Carruthers, George Home, John Baine, and Mr. Robert Frazer adhered to the Proteſt given in by the Marqueſs of Annandale.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXII.

The Parliament were all this while Debating the Gene⯑rals of the Treaty, and therefore the Debates were alſo in general: The Work of this Day was not at all debating what Number of Members ſhould be the Proportion of the Parliament, or how, or in what manner they ſhould be cho⯑ſen, and the like; but whether Britain, as now to be Unit⯑ed, ſhould be Repreſented by one and the ſame Parliament, yea or no.

The Debates were very long upon this Head; And as, in other Caſes, it had, for ſome Days, taken up part of their Time, in Reading the long Addreſſes of Shires, Burghs and [72] Pariſhes againſt the Union; ſo, on this Day, there were ſome very particular ones reſerved, and which ſeemed to be calculated for the Day, in which, according to the Popular Arguments of the Time, the Union was called a Surrendering the Sovereignty of Scotland to the Engliſh.

I could never indeed ſee any Schemes offered, or learn that there was any ſuch Propoſal, in what manner thoſe that were for reſerving the Parliament of Scotland, would have formed two ſeparate Parliaments in an United Kingdom; ſo that the Debates of this Day were not of what ſhould be, but of what ſhould not be; and the Uniting the Parliament was objected againſt, but without offering an Alternative of what they would have in the Room of it.

The principal Arguments made uſe of in this Days Debate were,

It is not my Deſign to make Arguments of my own, in order to anſwer them, or to make this Hiſtory a Diſpute, inſtead of a Relation of Fact—: But there having been ſuch loud Clamours againſt the Union in general, and ſuch violent Struggles againſt it in Parliament, it may not be in⯑conſiſtent with an Hiſtory, to relate the Foundation on either ſide which they acted upon, and as much of the Argument on both ſides, either within the Houſe or without, as is uſeful to let the Reader into a true Underſtanding of the Tranſacti⯑ons of this Critical Time; and for this Reaſon I have divid⯑ed this Part into the Minutes and Obſervations, the one is perfectly Hiſtorical, the other Explanatory of the Particulars, and I hope I need make no more Apology for the Method.

One may be ſure theſe things were warmly argued within Doors, when without, the People were in the utmoſt Fermen⯑tation, and the whole Nation ſeemed as in an Agony, the Enemies of the Union went about Bemoaning Scotland, and Sighing, as they called it, for the Dying Conſtitution, and a Noble Lord within, ſtanding up to make a Speech on this Occaſion, but being ſtop'd by the Order of the Day, ſaid Mournfully, It was hard he could not be allowed to ſpeak one Word for their Dying Country—; Theſe and the like Speeches had put the People in the laſt Degree of Concern.

The Capital Arguments made uſe of on this Occaſion, and made Popular againſt the Uniting the Parliaments, were ſuch as theſe,

To this it was Anſwered, That the Britiſh Parliament were abſolutely bound up by the Stipulations of this [...]reaty; that they being a ſubſequent Power to the two reſpective Parlia⯑ments of either Kingdom, had no other or further Power to act, than was Limited them by the Stipulations of both King⯑doms; That all ſubſequent Power is inferior in its Extent to the Power which it derives from; That the Parliament of Britain being the Creature of the Union, formed by ex⯑preſs [74] Stipulations between the two ſeparate Parliaments of En⯑gland & Scotland cannot but be unalterably bound by the Con⯑ditions ſo ſtipulated, and upon which it received its Beeing, Name and Authority: The Foundation of a Britiſh Parlia⯑ment, is this Treaty; to ſay, They will not be bound by it, is to ſay, they will pull themſelves up by the Roots: they dye when the Union receives any mortal Wound; they cannot infringe one Article of the Union; they cannot put a Queſtion in the Houſe upon any one Article.

As to the Objection, That there was a Surrender of So⯑vereignty and Conſtitution, and delivering Scotland bound Hand and Foot into the abſolute Diſpoſe of the Engliſh.

This was Anſwered by way of Queſtion and Anſwer, a⯑mong other Things, thus,

Q. What is it conſtitutes the Parliament of Britain?

A. The Ʋnion. Let any Man give another Anſwer to it, if he can.

Q. How is it conſtituted?

A. By Treaty between two Nations by their Heads and Repreſentatives, viz. the Queen and Parliament of each Kingdom.

Q. How do they bring it to paſs?

A. By mutual altering their reſpective Conſtitutions, and forming one general Conſtitution upon a Treaty of Equalities and Equivalents; the Stipulations of which Trea⯑ty are agreed to by the Conſtituent Parts of the ſubſequent Body.

Q. Ʋpon what Right doth the preſent reſpective Parliaments depend?

A. The Natural Right of the Free-holders of both King⯑doms, which entitles them by the Poſſeſſion of their Lands, to have the free Exerciſe and Power of making the Laws by which they are to be governed.

Q. Does this new Conſtitution deſtroy that Right?

A. Not at all, but reſerving that Right, which indeed it cannot deſtroy, agrees to limit the Exerciſe of it by ſuch and ſuch Forms, and on ſuch and ſuch Conditions, which Conditions are the Limitations of the Power of the new Par⯑liament, as being the Act and Deed of the old Parliaments, whoſe Conſtitution was founded on Original Right.

The next Popular Argument, & which took up much of the Debates of this Day, was, That the Parliament had not a Power to it into this Ʋnion; Or, as it was Worded in the publick Ad⯑dreſſes, That 'tis not in the Power of the Scots Government to con⯑clude ſuch an Ʋnion, without a manifeſt Violation of Truſt, and with⯑out doing a manifeſt Act of Injuſtice, Oppreſſion and Ʋſurpation a⯑gainſt the Fundamental Rights and Liberties of this Free Kingdom; and this was the Subſtance of moſt of the Addreſſes preſent⯑ed to the Parliament.

[75] This was Anſwered by Enquiring into the Right Parlia⯑ments had to Leſſen, Enlarge, or Limit the Repreſentative; of which when the Number of Members comes to be Treated of.

The laſt Argument, and which indeed was made more uſe of without Doors than within, was the Danger to the Church Government of Scotland, by the Uniting the Repreſentative; in which it was argued,

Theſe Suggeſtions indeed had but too much Succeſs Abroad, and were the principal Subject of the ſeveral Ad⯑dreſſes, ſome of which the Reader may ſee in the Appendix, as a Sample of the reſt.

The Arguments had their particular Anſwers, too long to inſert here, and are Touch'd in another part of this Work, the general Anſwer is contained in the former Paragraphs, viz. the Obligation of the future Parliament to the exact Obſervation of the Treaty, in which the Security of the Church of Scotland was particularly provided for, and left Unalterable for ever—. A Security ſo firm as the Church of Scotland never enjoyed before from any Civil Government, or Humane Au⯑thority in the World.

As to the Objection about the Covenant, it was indeed mentioned in moſt of the Addreſſes, but it was never menti⯑oned in Parliament at all; or at leaſt, not ſo as to come to any Debate, or to put any Queſtion upon it; and therefore I refer it to its proper place.

There were ſeveral long Speeches made on this Article, ſome to ſhew, that it was not in their power to Vote upon it at all, without Conſulting Conſtituents, that the Parliament was a Fundamental of Government, and could not be ſo much as altered, much leſs given up—, and that this Treaty was an entire Surrender of the Conſtitution. It would take up too much Room in this Work, to repeat all the Argu⯑ments brought on this Head, or to inſert the Speeches that were [76] made much more to Collect the Arguments brought by way of Anſwer—; But as the following Speech was made on this day, and ſeems to be a full Anſwer to the Main of theſe Ob⯑jections, I could not omit it, as it was ſpoken by a Gentle⯑man eminently concerned, both in the preſent Debate, and in the Treaty at London.

A Speech in Parliament ſpoken by Mr. Seton junior of Pitmedden November 18 1706, upon the Subject of the third Article then being in Debate in the Houſe.

My Lord Chancellor,

Having heard with much Attention the third Ar⯑ticle Debated; I find it lyable with the other Articles of this Treaty, to be put in a falſe or true Light by the Speakers to it, in proportion to thoſe Notions they have of the Nature of this Union: What I am to ſay con⯑cerning it, ſhall be to remove ſome Objections, which in my Opinion is the proper Method to ſmooth the way for approving it.

The principal Objections are; That the Repreſenta⯑tives for Shires and Burghs, cannot legally approve this Article, without the Aſſent of their Conſtituents; and that by the Approbation of it, the Sovereignty and In⯑dependency of this Kingdom, will be ſurrendered to England.

My Lord, To give a diſtinct and convincing Anſwer to the firſt Objection, let us look a little to the Nature of our Conſtitution of Government.

Our Government is not a Poliſh Ariſtocracy, founded on Pacta Conventa, whereby all the Gentry are Im⯑powered in their particular Meetings, to preſcribe Rules to their Repreſentatives in a General Dyet.

Our Government is not a common Democracy, where⯑by every Subject of Scotland may claim a Vote in the Legiſlature.

Our Government is and has been many Ages paſt, a Limited Monarchy, wherein the Sovereign and Re⯑preſentative are the only Judges of every thing which does contribute to the Happineſs of the Body Politick, and from whom no Appeal can legally be made; and this Deſcription is agreeable to Reaſon, to our Law, and to our Hiſtory.

Reaſon teaches us, that Anarchy is deſtructive to Mankind, and that no Society of People can be well [77] Governed without a Supreme Power, whoſe proceedings are only alterable by it ſelf; Grotius ſays (L. 1. C. 3. §. 7.) That we call the Supreme Power, whoſe Acts are not ſubject to the Power of another.

Our Law is poſitive, that this Supreme Court is ſubject to no Humane Authority, Act 130. P. 8. J. 6. & we learn from our Hiſtory, that the greateſt Alrerations have been made in the Conſtitution of our Government, without Conſulting the People: out of which I humbly offer a few Examples: In the Reign of Kenneth the 3d the Monarchy that Originally was Elective, became Heredi⯑tary: In the Reign of James 6th the Repreſentation of the Clergy in Parliament was reſtored: In the Reign of Charles the 2d the Prerogative was exalted above its natural Level; and in the year 1698, the King was Dethroned, and the Clergy Expelled this Houſe.

My Lord, I have heard aſſerted, that there are Fundamen⯑tals of Government which cannot be altered by this Houſe, without the Conſent of every Scotſman: But where were theſe ſtipulated? Where are they Recorded? Were theſe made by our Forefathers at the firſt Inſtitution of their Government, and have all ſucceeding Parliaments Sworn to their Obſervance? Theſe Queſtions, Methinks, deſerve our Conſideration, before it be aſſerted what is an unalterable Fundamental by this Houſe.

As to the Arguments of Sir George Mackenzie, and other eminent Lawyers, brought upon the Stage to ſup⯑port this Notion of Fundamentals; I think they require no particular Anſwer, becauſe any Member who under⯑ſtands the Nature of Government may ſee clearly, that theſe Arguments are founded on Roman Laws Cal⯑culated for People, as Members of private Societies, and not for perpetual Rules to the Supreme Power of any Nation.

In fine, I believe there are no Fundamentals of Go⯑vernment in any Nation, which are not alterable by its Supreme Power, when the Circumſtances of Times re⯑quire; and whoever is acquainted with Hiſtory may learn, that there are no People at preſent in Europe, which in different Ages have not ſuffered variety of Changes in Government. I do indeed acknowledge, there are Fundamentals in Nature, to wit, Liberty and Property, which this Houſe can never deſtroy, without exceeding its outmoſt Bounds of Power, that are always limited to the Publick Good; Nevertheleſs this Honourable Houſe is only capable to Judge of the moſt proper Means of ſecuring theſe Fundamentals: And for my part I ſin⯑cerely believe that no judicious Man will ſay, There is the leaſt danger of our Liberty and Property by an Uni⯑on [78] of Parliaments, when he Reflects that the People of England, have been in all Ages Noble Aſſerters of the Rights of the Subject; have ſpent much Blood and Trea⯑ſure in Defence of the Liberties of their Neighbours, and that after this Union, Encroachments on the Rights of the Subjects of any part of Great-Britain, muſt endanger the Liberty of the whole.

My Lord, I come now to the next Objection, That by the Approbation of this Article, we Surrender the So⯑vereignty and Independency of this Kingdom.

Theſe words I acknowledge are very long, and may ſound Harmoniouſly in the Ears of the Populace: for my part, I would be ſorry juſt now to have occaſion to ſay, that in Fact, our Supremacy and Independency were Sur⯑rendered the day King James got poſſeſſion of the Eng⯑liſh Throne, if at the ſame time I could not affirm, that theſe are again reſtored to us by this Treaty, which was managed with a Decorum & Equality, that became two In⯑dependent and diſtinct Nations; and not after ſuch a Clan⯑deſtine manner as was uſed by Queen Mary & the French, the 4th of April 1554, on which day our Sovereignty was indeed ſurrendered, as may be ſeen in the Recueil de Traitez, &c. P. 510.

But to put this Queſtion above Controverſie, I con⯑ceive two ways only whereby a Free Nation loſes its Sovereignty and Independency, which are Conqueſt, and a voluntar Surrender of its Rights to another Nation, without any Reſervation.

I am ſure no perſon in right Judgment will alledge, That this intended Union is a Conqueſt; Nor can it be called a Surrender, ſeeing the Treaty contains certain and diſtinct Reſervations to both Kingdoms: Nor can I comprehend how either of two Nations, by an entire Union, ſurrenders its Privileges: on the contrair, I agree with the learned Grotius (L. 2. C. 9. §. 9—.) who's Opinion is, That the Rights and Privileges of two diſtinct Nations United, are conſolidated into one, by a mutual Communication of them.

Another Objection, My Lord, has been moved againſt this Article, which belongs more properly to the 22d Article, and that's concerning the Number of the Repre⯑ſentatives from Scotland, to a Parliament of Great-Britain. This Objection I'll endeavour to Anſwer in as few words as the Nature of it will allow.

If both Nations are to be repreſented by one Parlia⯑ment, there muſt be Members from both Nations, and their Numbers muſt be adjuſted by ſome Rule, which can be no other than that Fundamental in the Union of all Societies, whereby Suffrages are computed, to wit, the [79] Proportion each Society contributes for the ſupport of the whole: Now, the Union of Scotland and England is but the Union of two great Societies of People, into one Body Politick; So that we have nothing to direct our Forming a true Notion about the Number of the Repreſentative agreed to by this Treaty, on the part of Scotland, but the Proportion we are able to contribute for the ſupport of the Go [...]nment of Great-Britain, and that has reſpect to the Numbers of our People, to the Extent of our Taxes, or to an Arithmetical proportion betwixt theſe, and thoſe of England; All which being duly conſidered, I may be bold to Affirm, that the Repreſentative agreed to by the Commiſſioners for Scotland, is more than falls to our Share.

Several Authors, who have wrote about the Nature of Society, or the Union of two or more Societies, a⯑gree to this Fundamental; and Grotius (L. 2. C. 5. § 22.) has two Examples out of Strabo relating to it; One is, When Lybica United with Three Neighbouring Cities, It was ſtipulated, That each of the Three was to have one Voice, but Lybica Two, becauſe it contri⯑buted much more to the common Benefite, than any of the reſt: The other Example is, That there were 23 Cities in Licia United, whereof ſome had three Voices, ſome two, and ſome but one.

My Lord, By the Repreſentative of Sixteen for the Nobility, there's no greater Hardſhip put upon them, than was put upon the ſmall Barons in the Reign of King James the Firſt, who then were of the ſame State with the Nobility, and ſubmitted to the Law for Conveni⯑ency.

By the Repreſentative of Fourty Five for the Commons, no prejudice is done to the State of Barons in reſpect of Repreſentation; for if they be Repreſented from every Shire, or at leaſt from the moſt conſiderable Shires, 'tis of no Import, whether every Shire be Repreſented by one or more: And as to the State of Burrows, I'll pre⯑ſume to ſay, That the Retrenchment of their Repre⯑ſentation is a Piece of Juſtice done to this Nation, if Property or Taxes be the Rule of Repreſentation.

My Lord, So far have I endeavoured to Anſwer the material Objections againſt this Article, not out of any Proſpect to convince the Members againſt this Union, as to fortifie the Judgments of thoſe for it; And I wiſh heartily, That the Conſtituents for Shires and Burghs may have a true Confidence in their Repreſentatives, while they are Accompliſhing this Great and Noble Work of an Union of both Kingdoms, eſpecially conſi⯑dering, That they are bound by Oath to give their beſt [80] Advices and Suffrages; That they were choſen by themſelves in a free Election; That they have their Families and Eſtates among 'em; That the ſame Li⯑berty, Property and Religion are common to 'em both; And that the Good or Bad Conſequences of this Uni⯑on, muſt equally affect Repreſentatives and Conſtitu⯑ents.

THIS SPEECH was received with great Satisfaction and Applauſe, and the Arguments in it were ſo clear, eſpecially as to the Proportions of the Repreſentative, that it was very uſeful, when that Head came to be debated; and I cannot but think the Reader will think his Time well beſtowed in Reading it, in that he will ſee by it, whether the Union was carryed by Strength of Reaſoning, or, as ſome alledged, cram'd down their Throats by meer Number of Voices.

The Debates held very long, but at length the Queſtion being propoſed, the Vote was carried with the uſual Provi⯑ſo, viz. That it be of no Force if all be not Concluded; and the diſſenting Members proteſted, as you will ſee in the Minutes. And ſo this mighty Caſe was alſo Determined.

MINUTE XXIII.

Tueſday 19. November 1706.

Prayers Said,

Rolls Called,

The Lord Chancellor acquainted the Parliament, that laſt Night his Grace Her Majeſties High Commiſſioner, in his Return to the Palace, was Inſulted by a Number of People of the meaneſt Degree with Stones, which was an high Affront both to Her Majeſties High Commiſſioner, and to the Parliament; And therefore moved, that the Parliament may give the neceſſary Orders, not only to find out ſuch as have been guilty as Actors or Abettors therein, but to pre⯑vent the like in time coming; and after ſome Reaſoning on the ſaid Repreſentation and Motion:

It was agreed, to Remit to the Committee Nominate for Examin⯑ing the Calculation of the Equivalent, to enquire into the Matter of this Inſult; And to endeavour to find out the Actors and Abettors, if any be, with Power to the ſaid Committee to promiſe Indemnities and Rewards for Diſcoveries, and to Seize and Impriſon any Perſon whom they ſhall have ground to ſuſpect to be guilty, as Actors or Abet⯑tors, & to call for the Magiſtrates & Neighbours of Edinburgh for In⯑formation, and to Report to the Parliament, what Information and Diſcovery they ſhall make of the ſaid Inſult, or of any former. As [81] alſo, to Report their Opinion, what Meaſures may be proper for preventing the like in time coming, and the Committee appointed to meet the firſt Interval Day of Parliament at nine of the Clock.

The Parliament did likeways Recommend to the Lord High Con⯑ſtable to proſecute forthwith theſe Perſons, who were Impriſoned on Account of a former Tumult, and ordained the Magiſtrates of Edinburgh to furniſh what Probation they can, to the Fiſcal of the Conſtables Court, againſt ſuch as were ſo Impriſoned.

Addreſs of the Baillies, Counſellours and Citizens of St. Andrews, Subſcribers of the ſame, againſt an Union with England, in the Terms of the Articles, given in and Read.

Thereafter it was moved. That the Parliament proceed to the Fourth Article of Union.

Moved alſo, That, before proceeding to the Conſideration of the Fourth Article, a Clauſe be added to the Third Article in thir Terms, And that the ſaid Parliament of Great-Britain ſhall meet and ſit once in Three Years at leaſt, in that Part of Great-Britain now called Scotland.

And after ſome Debate thereupon, the Conſideration of the ſaid Additional Clauſe delayed, till the Parliament come to the Twenty Second Article.

Then the Fourth Article of Union was Read, and after ſome Diſcourſe thereupon, the further Conſideration thereof was delayed till the next Sederunt of Parliament, and the Conſideration thereof to be then reſumed previous to all other Buſineſs.

Adjourned till Thurſday next at Ten of the Clock.

OBSERVATION XXIII.

The Affairs of Tumult and Clamour from the Street, I have related in its proper place; yet, as far as it came to be con⯑ſidered in Parliament, I muſt take notice of it here, but ſhall be the briefer, referring to what is ſaid elſewhere.

The firſt Rabble had been cruſh'd for ſome time, as has been obſerved already, and the Vigilance of the Government had ſecured the Parliament hitherto; But the Inveterate Fu⯑ry of the poor ignorant People, impoſed upon by the Popu⯑lar Arguments of the Times, and theſe enlarged upon by the various Pamphlets and Speeches againſt the Union, which were ſpread amongſt them, was very hard to be reſtrained.

The Duke of Queensberry, the Queens High Commiſſioner, received divers Affronts in his going to and from the Parlia⯑ment, tho' his Grace did not think worth his while to trouble the Parliament with it, while it was any thing tolerable; But it was now grown to that Height, That not only the Commiſſioners Life was in Danger, but the Publick Peace ſeemed manifeſtly aimed at, and it was very neceſſary to put a Check to ſuch Inſults, leſt the whole might be endangered.

[82] The High Commiſſioner had received ſeveral private Intimations of Deſigns to aſſaſinate him, and ſeveral Letters, ſome abuſive and threatning, others pretending to give him Caution to preſerve his Perſon, others directly pretending to inform of the Deſigns, the Time when, Manner how, and Weapons by which he was to be Murdered; whether theſe were real Deſigns, or only Attempts to amuſe, and perhaps diſcourage his Grace in the Diſcharge of his Duty in ſo weighty a Work, was, I believe, never certainly known: But whoever will calmly conſider the Temper of the People at that time, how inflamed by the Artifice of a Party, and how frequently they ſhew'd their Readineſs to have undertaken any Thing, tho' never ſo deſperate, to have broken off this Affair, will wonder, That no Agent of Satan was found hardned enough to have committed that, or any like ſort of Villany.

Nor did it ſeem that there was any thing wanting, but the meer Courage to venture their Lives in ſuch a Bloody Action, ſince, in the Occaſion which was now brought be⯑fore the Houſe, it appeared there were Stones thrown at the Commiſſioners Coach from the Tops of Houſes, ſufficient to have Murdered him, if Providence had not more eſpecially protected both his Perſon, and the Affair in Hand; which, had any ſuch Villany been perpetrated, would, moſt certainly, have all been loſt in the neceſſary Confuſions that muſt have followed.

For the Readers particular Information of the Temper and Humour of the People at that time, ſome of the Threatning Letters ſent to his Grace the High Commiſſioner, are Printed in the Appendix N. G xx. faithfully Tranſcribed from the Original.

As to the manner of the preſent Inſult offered the Com⯑miſſioner—, it was thus, Opportunity was taken, upon the length of the Debates that Day, which keeping the Houſe late—, and the Lord Commiſſioner being to paſs the Streets in the Night, the whole length of the City from the Parliament Houſe to the Palace, the Mob took the opportunity of the Darkneſs, a Time proper for ſuch Villanies; Firſt they affronted the Guards, and followed them with Curſes and Opprobri⯑ous Words, and their Numbers increaſing as they went on, they began to throw Stones at them, which occaſioned ſome little Diſorder among the Horſes, and this at laſt encreaſed to the throwing Stones at the Commiſſioner himſelf, one of which narrowly miſs'd his Perſon.

The Coachman and Poſtilion, whether frighted themſelves, or that the Horſes were unruly, drove a little faſter than uſual down the Street, which put the Guards to a full Trot; and that heartening the Rabble, as if the Guards had fled from them, they Shouted and continued purſuing them with [83] Dirt, Stones, and ſuch ſort of Violence, till they came to the Palace, where the Foot Guards received them, and kept off the Croud.

Every Body will allow, that conſiders theſe Circumſtances, which I was an Eye Witneſs to, That it was time to put a Stop to this Violence, and to reſtrain a Head-ſtrong Multi⯑tude thus made Bold and Furious, leſt they ſhould, as in ſuch Caſes is not uncommon, run on to more violent Extremes; and therefore the Lord Commiſſioner ordered the Lord Chan⯑cellor to Repreſent it to the Houſe, as in the Vote.

The Motion for the Parliament ſitting once in Three Years was needleſs, for that indeed it was ſettled in the Twenty Second Article for the Firſt Parliament, and eſtabliſhed in England by other Laws made there, which were to continue in Force by the Treaty.

MINUTE XXIV.

Thurſday 21. November 1706.

Prayers ſaid,

Rolls Called,

Addreſs of Heretors, Burgeſſes, Miniſter and other Inhabitants in the Town of Paſley, Subſcribers of the ſame, againſt an Union with England in the Terms of the Articles, given in and Read.

The Fourth Article of Union again Read.

Whereupon it was moved to take the ſeveral Branches of Trade, to be communicate, into Conſideration, that it may thereby appear how far the Communication of Trade ſhall be advantageous; And after Reaſoning thereupon.

The Vote was ſtated, Approve of the Fourth Article, Reſerving the Conſideration of the ſeveral Branches of Trade, till the Parlia⯑ment come to the ſubſequent Articles, yea or not.

And it was agreed, That the Members ſhall be Marked, as they ſhall Vote Approve or not, and that the Liſt of their Names, as they ſhall Vote pro or con, be Recorded and Printed.

Then the Vote was put Approve or not, and it carried Approve.

Thereafter the Fifth Article of Union was Read. whereupon a Propoſal was given in for Explaining and Inlarging the ſame in theſe Terms, That all Ships or Veſſels belonging to Her Majeſties Sub⯑jects of Scotland, at the time of Ratifying the Treaty of Ʋnion of the Two Kingdoms in the Parliament of Scotland, though Foreign Built, ſhall be deemed and paſs as Ships of the Build of Great-Britain, the Owner, or where there are more Owners, one or moe of the Owners, within twelve Months after the Ʋnion, making Oath, That, at the time of Ratifying the Treaty of Ʋnion in the Parliament of Scotland, the ſame did, in bail, or in part, belong to him or them, or to ſome other Subject or Sub⯑jects [84] in Scotland, to be particularly named with the place of their re⯑ſpective Abodes, and that the ſame doth then, at the time of the ſaid De⯑poſition, wholly belong to him or them, and that no Foreigner directly or indirectly hath any Share, Part or Intereſt therein.

Which being Read, it was moved, that ſix Months more time be added to the time allowed by the Propoſal, for purchaſing Ships or Veſſels: And after ſome Reaſoning thereupon, the further con⯑ſideration thereof was delayed till next Sederunt of Parliament, to be then Reſumed, previous to all other Buſineſs.

Adjourned till Saturday next at ten of the Clock.

OBSERVATION XXIV.

This Article being General, but containing ſeveral Parti⯑culars, it was judged proper to paſs it in the groſs firſt, with a Reſerve for ſuch Clauſes and Branches of Trade, as ſhould come into Conſideration afterward; for otherwiſe theſe Branches of Trade would have been forecloſed, by agreeing to this Article in the full Extent of the Words.

Theſe Branches came all to be Conſidered in the Debating other Articles, as particularly, when they came to Examine the Affairs of Drawbacks, Bounties on Exportation, Prohibi⯑tions, and Reſtrictions in Trade, the ſeveral Cuſtoms, Duties, Equalities and Proportions of Trade; Of which in their Courſe.

This Reſerve, however, made the Article it ſelf paſs the more readily at this Time, for it was the firſt Article after Voting the Generals, that was Branched out into Particulars, and therefore the Adjourning theſe Particulars was the more acceptable.

The Debate of the Fifth Article lay only here, the Treaters had Debated about the Time limited for allowing the Ships then in the Hands of the Scots, to be free Ships, the Scots Commiſſioners would have had it been the Time of Ratify⯑ing the Union; The Engliſh Commiſſioners inſiſted on it, that it ſhould be the Time of Signing the Treaty; and the Reaſons were good, that otherwiſe People might buy multitudes of Foreign Ships, and have time to furniſh themſelves, and paſs theſe Foreign Built Ships as free Bottoms, in the Terms of the Act of Navigation, to the infinite Damage of the whole Iſland; And this had the more Force with it, in that it could not but be allowed, that it was the great Advantage of this whole Iſland, to encourage the Building, and conſequently the Employing our own Ships—. However, many popular Arguments were uſed to lengthen out the Time, ſuch as, That Scotland was not yet in a Condition to Build, and that this would check her Trade, to leave her naked of Ships till ſhe could furniſh her ſelf with Materials for Building; that for [85] the Fiſhing and Eaſt-Country Trade, it was abſolutely neceſ⯑ſary to furniſh Foreign Built Ships, till Scotland could Build for her ſelf.

It was alledged, England could furniſh Ships, and it was ſo material a Thing to Encourage the Building, and Increaſe of our own Shipping, that England would inſiſt upon it, and had reaſon ſo to do.

However, after long Debating, it was agreed, to lengthen the Term to the Ratifying the Treaty; and this was the firſt Alteration made in the Articles—; But it was referred to the next day.

MINUTE XXV.

Saturday 23. November 1706.

Prayers ſaid,

Rolls Called,

Then the following Addreſſes were given in and Read, viz. Ad⯑dreſs of Heretors and ſeveral other Perſons in the Barony Paroch of Glaſgow, Subſcribers of the ſame; Addreſs of Heretors, Magi⯑ſtrates, Town Council and other Inhabitants within the Town and Paroch of Culroſs in Perth Shire, and Heretors, Elders and other In⯑habitants within the Parochines of Saline, Carnock and Torie in Fife Shire, ſubſcribing the ſame; Addreſs of the Provoſt, Baillies, Town Council and other Inhabitants of the Burgh of Stirling ſub⯑ſcribing the ſame; Addreſs of Barons, Freeholders and others with⯑in the Stewartry of Annandale ſubſcribing the ſame; And Addreſs of the Magiſtrates, Town Council, Guild-brethren, Deacons of Crafts, and other Burgeſſes Tradeſmen and Inhabitants within the Burgh of Innerkeithing, ſubſcribers of the ſame; all againſt an Uni⯑on with England in the Terms of the Articles.

Thereafter the Fifth Article of Union again Read, with the Pro⯑poſal for Amending, Explaining and Inlarging the ſame, inſert in the former Days Minutes, and altered thus, viz. That all Ships or Veſſels belonging to Her Majeſties Subjects of Scotland at the time of Ratifying the Treaty of Ʋnion of the two Kingdoms, in the Parliament of Scotland, tho Foreign Built, be deemed and paſs as Ships of the Build of Great Britain, the Owners, or where there are more Owners, one or more of the Owners within twelve Months after the firſt day of May next, making Oath that at the time of Ratifying the Treaty of Ʋnion in the Parliament of Scotland, the ſame did in hail or in part belong to him or them, or to ſome other Subject or Subjects of Scotland, to be par⯑ticularly 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 [86] or them, and that no Foreigner directly or indirectly hath any ſhare, part or intereſt therein.

And after ſome Reaſoning thereon, there was a ſecond Propoſal given in for the amending the Article in theſe Terms, That all Ships and Veſſels belonging to Her Majeſties Subjects of Scotland at the time of Ratifying the Treaty of Ʋnion of the two Kingdoms, in the Parlia⯑ments of both Kingdoms.

And after ſome Debate the Vote was ſtated, Approve of the firſt Paragraph of the Fifth Article, with the firſt Amendment or ſecond; And it carried Approve with the firſt Amendment.

Thereafter the reſt of the ſaid Fifth Article of Union was Read, and a Propoſal given in for adding a Clauſe in theſe Terms, ‘"That for the ſpace of ſeven years from and after the Concluding the Treaty of Union in both Kingdoms; It is expreſly agreed, that none of the Seamen or Mariners Aboard any of the Ships belong⯑ing to the Subjects of that part of United Britain, now called Scotland, ſhall either at Home or Abroad be preſſed from aboard their ſaid Ships, to ſerve in any of Her Majeſties Ships of War or Friggots; And in caſe after the ſaid ſeven years, it ſhall happen that there be a Levy of Seamen in United Britain, for ſerving in the Britiſh Fleet, That the ſaid part of United Britain, now cal⯑led Scotland ſhall only be burdened with ſuch a proportion as our Taxes bear, in proportion to that part of United Britain, now called England, but prejudice to the Officers of Her Majeſties Ships or Fleet to engage as many Voluntar Seamen in their ſervice as they can agree with, in this part of United Britain, and this Ar⯑ticle to be unalterable by any ſubſequent Britiſh Parliament.’

Which being Read, after ſome reaſoning thereupon, it was put to the Vote, Add the ſecond Clauſe or not, and it carried not.

Thereafter the reſt of the ſaid fifth Article being again Read, the Vote was put, Approve thereof or not, and it carried Approve.

Adjourned till Tueſday next at ten of the Clock.

OBSERVATION XXV.

The Debate about the admitting the Scots Ships as free Bottoms, was now reaſſumed, and the Time limited for the Properties to be made out, was altered from the Time of Signing the Articles, to the Time of Ratifying the Treaty.

The preſent Diſpute was, Whether it ſhould be the Time of Ratifying the Treaty in Scotland, or the Ratification in both Kingdoms—, this Article was Diſputed by Inches, and ſome thought, there was more Nicety uſed here, than was of any Signification; and that therefore it ſeem'd the effect of a Ge⯑neral Struggle againſt the Union, where every thing was laid hold on, that either might bring on ſome Alteration they thought England could not comply with, or that at leaſt might but cauſe a Diſpute in England, or that might ſo gain [87] time, as to avoid having the thing Compleated in the then ſitting Parliament.

It was well known, the Engliſh would be very tender of their Act of Navigation, which is the Security of their Trade, and the main Encourager of their Shipping, and the longer this Liberty of purchaſing Ships from the Dutch was extend⯑ed, the more Room there would be for Exceptions in Eng⯑land, their Trade being the more expoſed to the bringing in Foreign Bottoms among them.

And if it be true, as I have ſeen a Minute made of it in Writing—, That the Party had prepared Schemes of Ob⯑jections to be offered in the Parliament of England, againſt the very Alterations which they themſelves had procured to be made in Scotland; If this be true, it will abundantly juſtifie the general Suppoſition I have ſo often hinted at, viz. That theſe Objections were rather calculated to delay the Treaty, and overthrow the Union it ſelf, than from any particular Regard had to the Reaſon and Nature of the Thing objected.

Nothing elſe could be the Occaſion of ſuch ſtrong Struggles for things in themſelves not of any great Advantage to Scot⯑land, as in this Caſe of the Ships, of which, it may be noted, That, after that Matter was ſettled, it was hardly known, that one Ship was bought, either in Scotland or England, with the Deſign of making it Free, as was ſuggeſted.

However, after long Debate, the middle Courſe was taken, and the Time was extended from the Time of Signing the Articles, as it was Agreed in London, to the Time of Ratification in the Parliament of Scotland—, but not to the Time of Ratification in both Parliaments, as was pro⯑poſed.

The laſt Propoſal againſt Preſſing of Seamen, was a mani⯑feſt Attempt of the kind above mentioned, and a ſeeking an Occaſion to interrupt the main Treaty, ſince no Body could imagine, That ſuch a Clauſe could have paſſed in England, all their own Seamen having been lyable to be preſs'd into the Service of the Navy; And both Nations being to enjoy equal Privileges, this had been to put ſuch a Diſadvantage, and ſuch Inequalities upon the Engliſh, as would have made juſt Complaints in England, and have been a ſufficient Ob⯑ſtacle to the whole, eſpecially when it was remembred, that in Scotland there was no want of Seamen, but that on the contrary many Thouſands of their Seamen, for want of Em⯑ployment, entered themſelves on Board the Men of War in Foreign Service, with the Danes, Swedes, and Hollanders; And it would be hard, That they ſhould ſeek a Liberty from the Engliſh Service, which would now be their own; and at the ſame time, for want of Buſineſs, ſeek Service among Foreigners; it being alledged, That, at this time, there were [88] 16000 Scots Sailers in the Dutch Service—; This was ſo plain a Caſe, that the Propoſal was rejected, and the Ar⯑ticle Paſs'd with only the firſt Amendment.

And this was the ſecond Alteration in the Articles of the Union.

MINUTE XXVI.

Tueſday 26. November 1706.

Prayers Said,

Rolls Called,

Then the following Addreſſes were given in and Read, viz. Addreſs of Barons, Freeholders and others within the Sheriffdom of Roxburgh, Subſcribers of the ſame; Addreſs of the Magiſtrates, Town Council and other Inhabitants of the Burgh of Annan, ſub⯑ſcribing the ſame; Addreſs of the Magiſtrates, Town Council and others Inhabitants of the Burgh of Lochmabben, Subſcribers of the ſame, and an Addreſs of the Paroch of Leſmahago, Subſcribers of the ſame, all againſt an Union with England in the Terms of the Articles.

Thereafter, an Overture for an Act for Encouraging the Exporta⯑tion of Victual Read, and Ordered to be Printed.

As alſo, another Overture for an Act for Encouraging the Ex⯑port of Victual, Fiſhes, Beef and Pork was given in, and Ordered to be Printed.

Thereafter, a Petition and Draught of an Act in Favours of the Burgh of Dundee, for an Impoſition of Two Pennies Scots upon the Pint of all Ale and Beer, Brown and Vended within the Bounds, and for the Ends therein-mentioned, both Read, and a firſt Read⯑ing Ordered to be Marked on the Act.

As alſo, a Petition of the Magiſtrates, Town Council and Com⯑munity of the Burgh of Aberdeen, and a Draught of an Act in their Favours, for continuing an Impoſition on Wine and Ale granted to them by a former Act, Read, and a firſt Reading Ordered to be Marked on the Act.

As alſo, the following Draughts of Acts were given in and Read, viz. Act in Favours of the Burgh of Kirkaldie, Act in Favours of the Town of Borrowſtounneſs, Act in Favours of the Burgh of Dyſert, Act in Favours of the Burgh of Burntiſland, Act in Favours of the Burgh of St. Andrews, Act in Favours of the Burgh of Kinghorn, Act in Favours of the Burgh of Elgin, all for an Impoſition of Two Pen⯑nies Scots upon the Pint of all Ale and Beer to be Brown and Vended within the reſpective Bounds, and for the Ends therein-mentioned, and a firſt Reading Ordered to be Marked upon each of the ſaids Acts.

[89] Then the Sixth Article of Union was Read, and after ſome Rea⯑ſoning thereon, there was a Propoſal given in for adding the fol⯑lowing Clauſe to the end of the Sixth Article, viz. Except in ſo far as ſhall be Rectified by this Parliament, upon the Conſideration of the ſubſequent Articles.

Which being Read and Diſcourſed upon, There was another Propoſal given in, for Enlarging and Explaining the ſaid Sixth Article in theſe Terms, viz. And ſeing by the Laws of England now ſtanding, there are Rewards granted upon the Exportation of certain kinds of Grain, wherein Oats is not ſpecified, That, from and after the Ʋni⯑on, when Oats ſhall be at Fifteen Shillings per Quarter, or under, There ſhall be paid Two Shillings and Six Pence for every Quarter of Oat Meal Exported in the Terms of the Laws, whereby Rewards are granted for Exportation of other Grains. And in reſpect there is a Duty upon Oats Imported into England, but no Duty upon Oat Meal, The Importing of which is a Prejudice and Diſcouragement to Tillage: Therefore, That, from and after the Ʋnion, the Quarter of Oat Meal be deemed equal to three Quarters of Oats, and pay Duty accordingly, when Imported to Scotland from any place whatever beyond the Sea;

Which being likeways Read, after ſome further Reaſoning, it was moved, That the Obſervations (in relation to the Balance of the Trade of this Nation) made by the Council of Trade ſhould be laid before the Parliament.

And after Debate thereupon, the further Conſideration of the ſaid Sixth Article and Motions was delayed till the next Sederunt of Parliament, to be then reſumed previous to all other Buſineſs: And Ordered, That the Obſervations made by the Council of Trade be then laid before the Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXVI.

The Sixth Article of Courſe began the Debates about Al⯑lowances, Drawbacks, Prohibitions and Reſtrictions, which, as has been obſerved, were to be equal to all the Subjects—; But Scotland finding ſome Difference in the Value and Frequency of Import or Export of Grain, they found a Neceſſity to come into ſome Amendments here too: The Caſe was thus,

England allowed a Bounty to the Exporter of Corn at all times, when the Plenty of Grain kept the Price under ſuch a ſtated Rate; But it was obſerved there was no Bounty on the Exportation of Oats, the Reaſon was, becauſe England rather wanted Oats than had them to ſpare, one Seaſon with another.

On the other Hand, Scotland producing vaſt Quantities of Oats, and having a large Trade for the Exporting the ſame to Norway, and other Parts, the Scots Members inſiſted, [90] That a Drawback ſhould be allowed on Oats and Oat Meal Exported.

Another Caſe alſo required an Alteration, and this reſpect⯑ed Ireland, which Bordering on Scotland, could and might eaſily throw in great Quantities of Oats or Oat Meal into Scotland, which being cheap in Ireland, would leſſen the Conſumption of the Growth of Scotland; There was, it ſeems, a Prohibition formerly laid on the Importation of Oats or Oat Meal, but this being taken off by the Union, it was requiſite to make ſome Proviſion, where the Engliſh Laws was defective, which was thus,

The Engliſh had, by Act of Parliament, a Duty of Five Shillings Six Pence per Quarter laid upon all Oats Import⯑ed, and that they thought was ſufficient; But there being no more Duty on Oat Meal than on Oats, it was alledged, That the Iriſh might Import the Oat Meal, and afford to pay the Duty, ſince it was not above half the Value of the Duty of Oats, the Value of the Meal reducing the Du⯑ty.

This therefore was provided againſt by this Additional Clauſe, which doubled the Duty upon Oat Meal Imported, by reckoning every Quarter of Oat Meal as two Quarters of Oats.

The Acts in Favours of the reſpective Burghs were in order to continue to them the ſeveral Impoſitions on Ale and Wine cuſtomary in Scotland, or granting them anew, being gene⯑rally granted for the publick Uſes of the Towns, ſuch as build⯑ing or maintaining publick Edifices, Harbours, &c. Juſt as has been practiſed in England in the Duties on Coals, as at London for building the Churches, at Yarmouth for their Pier; or on Ships, as at Dover for the Repair of their Harbour, and the like: And this being the laſt Parliament to ſit in Scotland, if the Union ſucceeded, and all private Rights be⯑ing made perpetual, or to continue to the Times they were Entailed for, this made the Towns the more ſolicitous to have Acts paſſed in their Favours at this time; The Exciſe upon Liquors, payable to private Hands, indeed was a No⯑velty in England, and ſeemed to be a very odd Re⯑queſt at this time, That while, on one Hand, they ſhould be pleading, that Scotland could not pay more Exciſe on their Liquor than they did before, at the ſame time they ſhould, on the other Hand, be ſeeking an Additional Duty to be paid to the Burghs—; But the Duty being ſo ſmall as two Pennies Scots, which is but ⅙ of a Penny on the Pint Scots, which is two Quarts Engliſh, it was generally agreed to, and principally forth at it was not extended all over the Kingdom, but only in the few Towns, that having publick Trade to ſupport, and chargeable [91] Works to maintain, ſeem'd to have extraordinary Reaſons to demand it.

MINUTE XXVII.

Wedneſday 27. November 1706.

Prayers ſaid,

Rolls Called,

Addreſs of Barons, Freeholders and others within the Shire of Mid-Lothian, ſubſcribing the ſame, againſt an Union with England in the Terms of the Articles, given in and Read.

The Sixth Article of Union again Read, and a Propoſal given in for adding the Word (Drawbacks) to both Clauſes of the ſaid Ar⯑ticle, which was agreed to.

And the ſaid Article as ſo amended was again Read, as alſo the Propoſal mentioned in the Minutes of the laſt Sederunt, in relation to Oats and Oat-Meal, with the Addition of a further Clauſe, in theſe Terms, And that the Beer of Scotland have the like Rewards and Draw⯑backs as Barley.

And it was likeways moved that another Clauſe ſhould be added thereto, allowing the like Proemium or Drawback on the Exportation of Oat-Meal, as is allowed on the Exportation of Rye in England, and after Debate thereupon, It was agreed that the ſixth Article with the Propoſal for Amendments ſhould be remitted to a Committee.

Thereafter there was a Clauſe offered to be added to the ſaid ſixth Article in theſe Terms, viz. ‘"But Scotland for the ſpace of (left blank) years after the firſt Day of May next, ſhall be free from, and no ways ſubject to the Prohibition and Reſtrictions made againſt Exporting of Wooll, Skins with Wooll upon them, and Woollen Yarn, which by the Oaths of the Sellers and Buyers ſhall be made appear to be the proper growth and product of Scotland, and Spun within the ſame, which ſhall no ways be comprehended under any of the Laws already made in England, or to be made during the ſpace fore⯑ſaid.’

As alſo, a Clauſe in theſe Terms, viz. ‘"Excepting and Reſerving the Duties upon Export and Import of ſuch particular Commodi⯑ties 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 intire to them in all Re⯑ſpects.’

And ſicklike, another Clauſe in theſe Terms, viz. ‘"That after the Union all ſorts of Scots Lining, or any kind of Cloth made of Flax or Hemp, be Exported out of the United Kingdom, free of all Cuſtoms or other Impoſitions whatſomever.’

[92] And another in theſe Terms, ‘"That before the Union we may have ſuch a Drawback adjuſted as may enable us to Export Beef and Pork and Butter to the Weſt Indies and other Foreign Parts which will be a conſiderable Branch of our Trade after the Union.’

And likeways another Clauſe in theſe Terms, ‘"That from and after the Union all Duties or Bounty Tolls, or other Exactions upon black Cattle, or any other Product of Scotland, when carried into England, or Product of England when carried into Scotland, payable either to the publick or private Perſons, ſhall in all time coming be void and null.’

And another Clauſe in theſe Terms, ‘"That from and after the Union, the Kingdom of Scotland ſhall have Liberty for ever to Manufacture Plaiding, Fingrams, Galloway-whites, Sarges, Stock⯑ings, and all ſorts of Lining, as they have been in uſe to do, con⯑form to the Regulations contained in their own Laws, and to Ex⯑port the ſame to England or Dominions and Plantations thereto belonging, or to any other Place beyond Seas, free of any Duty or Impoſition whatſomever to be laid thereon, but in caſe any of the Subjects of that part of United Britain now called Scotland, ſhall Export any other ſort of Woollen Manufactory than what is above-mentioned, They are to be lyable to the Regulations and Taxes of England impoſed before the Union, or to be impoſed by the Britiſh Parliament after the Union.’

And it was agreed that all the Clauſes above inſert ſhould be likeways Remitted to a Committee.

Whereupon it was Moved, That the Sixth Article and Propoſals and Additional Clauſes relating thereto, ſhould be Remitted to the Committee for examining the Calculation of the Equivalent, which was agreed to.

Thereafter it was alſo moved that a further Number of the Mem⯑bers of each State ſhould be added to the ſaid Committee, and thereupon a Vote was put, Add or not, and it carried add.

Then it was moved, that two of each State be the Number to be added, and likeways moved, that the Number of four of each State be added, and after ſome Reaſoning, it was put to the Vote Two or Four, and it carried Two, and the next Sederunt of Parliament ap⯑pointed for choiſing the Additional Members.

Then the Seventh Article of Union was Read, and the Reaſoning thereupon delayed till the next Sederunt of Parliament, to be then proceeded upon previous to all other Buſineſs, after choiſing of the Additional Members for the Committee.

Adjourned till to Morrow at ten of the Clock.

OBSERVATION XXVII.

The Obſervations upon this days Minutes, will be more properly referred to the time when the Committee to whom the ſixth Article was referred, make their Report.

[93] The Amendment of (Drawbacks) was not ſcrupled, it was included before in the word Allowances, but it was ſuch a Triffle, that no Body would Diſpute it, ſeing it contained nothing but what was intended in the Article it ſelf.

The Amendments offered were many, and the refering them to a Committee was, no Queſtion, the beſt Method to come to a Settlement in the ſeveral Particulars; but this may be obſerved, and it was remarkable, that ſuch was the Igno⯑rance of the Objectors in theſe Caſes, and ſo much had they been impoſed upon in Matters of Trade, that they De⯑manded inconſiſtent and impracticable Things, they deman⯑ded Exemption from Impoſts which no Body paid, they De⯑manded Liberty where there were no Prohibitions, and Equa⯑lities which were already agreed to.

For Example, Liberty of Exporting Wooll, a Thing on which the whole Engliſh Commerce depended, and without a Reſtraint upon which, all their Manufactures would have been Ruin'd, a Thing Impracticable in the Nature of their Trade, and which it was inconſiſtent with Reaſon to expect.

Then they required Liberty of Exporting Linen Duty free, whereas it was evident, had they conſulted the Engliſh Affairs, they would have found, the Engliſh gave that Liberty to all the World; And if any Linen was Imported into England, what⯑ever Duty it paid there, was allowed back again, upon Ex⯑portation by Certificate.

Next, They demanded Liberty to Export their Woollen Goods free of all Duties and Cuſtoms, whereas it was known, England had, long ſince, taken off all Duty or Cuſtom upon their Woollen Manufactures for ſeveral Reaſons of Trade, and for the Encouragement of the Poor.

Again they asked Freedom of carrying their Goods & Cattel into England without Cuſtoms and Toll, which it was evident, without any Proviſion, was the Conſequence of the Union; And there could no more remain any Toll, Cuſtom or Duty, on Paſſing and Repaſſing of Cattel or Goods between Eng⯑land and Scotland, than there could in either Kingdom, from one County to another.

But this will further appear, when the Report of the Committee comes to be under Conſideration.

MINUTE XXVIII.

Thurſday 28. November 1706.

Prayers Said,

Rolls Called,

Then the following Addreſſes were given in and Read, viz. Ad⯑dreſs of Heretors and others Inhabitants of the Paroch of St. Ninians, [94] Subſcribers of the ſame, and Addreſs of the Magiſtrates, Town Council, Burgeſſes and other Inhabitants of the Burgh of Dumbar, ſubſcribing the ſame, both againſt an Union with England in the Terms of the Articles.

Thereafter the Parliament (conform to the Minutes of the laſt Sederunt) proceeded to Elect the Additional Members to the Com⯑mittee, to whom the Sixth Article, and Clauſes and Propoſals re⯑lative thereto, are Remitted; And the Three Eſtates having ſe⯑parated to their uſual Places, They Returned, and Reported their reſpective Elections of the ſaid Additional Members, as follows, viz. Of the Nobility, the Earls of Haddingtoun and Cromarty; Of the Commiſſioners for Shires, Sir Gilbert Eliot of Minto and Sir Tho⯑mas Burnet of Leyes; Of the Commiſſioners for Burghs, Sir John Areskine and Sir Peter Halket, and the Committee was appointed to meet in the Inner-Seſſion Houſe to Morrow at Nine of the Clock in the Forenoon.

Then the Seventh Article of Union was again Read, and after ſome Reaſoning, a Propoſal was made, for an Explanation and Addition, whereby this Nation would be ſecured againſt paying more Exciſe for the Two Penny Ale than they now do, in theſe Terms, 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 Nine Shillings Six Pence Sterling, excluding all Du⯑ties, and Retailed, including Duties, and the Retailers Profite at Two Pence the Scots Pint, or Eight Part of the Scots Gallon, Be not, after the Ʋnion, lyable on Account of the preſent Exciſe upon Exciſeable Li⯑quors in England, To any higher Impoſition than Two Shillings Ster⯑ling upon the foreſaid Thirty Four Gallons Engliſh Barrel, being Twelve Gallons the preſent Scots Meaſure.

And another Clauſe being likeways offered in theſe Terms, And it is hereby ſpecially provided, That the Two Penny Ale or Beer of Scot⯑land ſhall be only charged with the ſame Exciſe as the ſmall Beer of England.

After ſome Debate, the Vote was ſtated, Approve of the Seventh Article, as to the Exciſe of Ale and Beer, with the Explanation, as contained in the Firſt or Second Clauſes above inſert, and thereup⯑on the ſaid Clauſes being Read,

It was agreed, That the Members ſhall be Marked as they Vote, and that a Liſt of their Names, as they Vote Firſt or Second, ſhall be Printed, whereupon the Vote was put, Approve of the Seventh Article, as to the Exciſe of Ale and Beer, with the Explanation, as contained in the ſaid Firſt or Second Clauſes, and it carried Firſt.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXVIII.

The Debate of this Article had made much more Noiſe out of the Houſe than it did within, ſome People had in⯑duſtriouſly alarmed Scotland with an Apprehenſion, That, [95] according to the Words of the Article, Scotland was to pay equal Exciſe with England; That is, that as the ſtrong Beer or Ale in England paid Four Shillings Nine Pence per Barrel, ſo muſt the common Beer, then Brewed in Scotland, pay the ſame price; And it was manifeſt, that this was the Opini⯑on of ſeveral Members of Parliament, by their Speeches on this Occaſion in the Houſe, as well as without.

On the other Hand, others pretended to bring all the Ale Brewed then in Scotland down to the Denomination of Engliſh ſmall Beer, as being not ſold for more than ſome of the Table Beer in England was ſold for, which paid but as ſmall Beer after the Rate of One Shilling Three Pence per Barrel.

I ſhall be very far from offering to make any part of this Hiſtory Officious, in giving an Account of any mean Share the Author had in this Affair, yet I cannot omit relating this part of the Concern which caſually happened to him in this particular; And it may be mentioned for the ſake of the Jeſt it made in the Town, viz. That while it was thought well done to have a Share in ſtating the Proportions of the Exciſe, ſeveral Perſons pretended to the Title of being the firſt Contrivers of it; but when afterwards, on ſome Cla⯑mour raiſed upon the Inequality of the Proportions, the Con⯑trivers began to be blamed, and a little threatned a-la-Mob, then it was D. F. made it all, and he was to be Stoned for it; And afterward, when thoſe Differences appearing but Trifles, were by the Prudence of the Commiſſioner reconciled, then they would willingly have reaſſumed the Honour of be⯑ing the firſt Formers of this Affair.

It was indeed no ſmall Difficulty at firſt, how to ſtate a Medium between the two Nations; It had been laid down as a Maxim, That Scotland could, by no means, bear the high Exciſes paid for their ſtrong Beer in England; It was alſo abſolutely neceſſary to regard doing Juſtice to England, who, paying Four Shillings Nine Pence per Barrel Exciſe, would have had a great Hardſhip, if Scotland ſhould have had all their Beer as Engliſh ſmall Beer.

Again, the Scots Ale which was ſold in the Publick Houſes, and commonly called TIPPONY, was in no Proportion like the Engliſh ſtrong Beer, either in Price or in Strength, being fold for one Penny the Chappin, which was near the Engliſh Quart, by Retail, after paying a ſubſequent Exciſe to the Cities or Burghs, and not one Half, or above one Third as ſtrong as the Engliſh Ale or ſtrong Beer. Upon this I ſhall impartially ſet down the Matter of Fact.

The Author of this being ſent for by the Committee of Parliament then ſitting, the ſame to whom the Sixth Article was committed, as is above ſaid, attended them at their Meet⯑ing in the Lord Ceſnock's Chamber; And being called in, [96] the Committee did him the Honour to tell him, they were informed he had ſpent ſome Thoughts on the Affair of the Exciſes, and that he had made ſome Calculations; They told him, the Parliament were coming upon the Debate of the Seventh Article, and the great Difficulty before them was, to find out a Medium between the Scots and the Engliſh Ex⯑ciſe, ſo as might make it tolerable to Scotland, and not give England Reaſon to take Umbrage, or complain of Injuſtice.

He frankly owned, he thought it would be very hard, and propoſed what he had formerly inſiſted on, viz. That the Scots Ale or Tippony being ſold for no more Money, than the Houſhold or Table Beer in the City of London, which is called Eight Shilling Beer, and is often ſold for Ten Shillings per Barrel, the Scots ought alſo to pay no more.

But the Lord Preſident of the Seſſion objected, That the Engliſh would never be ſatisfied with that Payment, as not being a juſt Proportion; That the Act of Parliament was expreſs, That all Beer above the Price of Six Shillings per Barrel ſhould pay as ſtrong Beer; That thoſe kinds of Beer, called Eight Shil⯑ling Beer, were generally Mixtures after the Exciſe was paid; and that the Denomination in England being but of two kinds, it would not be poſſible to place this on either Head, and to leave it to the Method of the Eight Shilling Beer in London, would be to lay all Scotland at the Mercy of the Ex⯑ciſe Officers, which would be unſufferable.

This Diſcourſe put a Thought in the Authors Head juſt in the Moment, upon which he told their Lordſhips, he thought a Proportion to both Sides might be formed, taking its Riſe from the Price of the Beer, and Value of the Exciſe in either Kingdom, and that he thought, he could form it for them, ſo as that it ſhould not grieve either Party.

Upon which their Lordſhips deſired him to try, he took the Pen and Ink, and immediately ſtated the Caſe thus,

There are in England but two Denominations of Exciſe⯑able Beer, ſmall and ſtrong.

The ſmall was ſuppoſed in the Act at Six Shillings per Barrel, and payed One Shilling Three Pence per Barrel Exciſe, which is excluded out of the Six Shillings per Barrel.

The ſtrong was ſuppoſed at Eighteen or Twenty Shillings per Barrel, and payed Four Shillings Nine Pence Exciſe, which is included in the Eighteen or Twenty Shillings per Barrel.

There is in Scotland but one Denomination of Exciſe⯑able Beer, which we call, as above for Ʋſe ſake, Tippony.

This was ſold for about Nine Shillings Six Pence Sterling per Twelve Scots Gallons to the Retailer, and payed Twenty Three Pence ſterling Duty, which is not included in the Nine Shillings Six Pence.

Note, Twelve Scots Gallons was ſuppoſed to hold much about the Engliſh Ale Gauge of Thirty Four Gal⯑lons, [97] there were ſome Fractions or ſmall Differences, which the Committee did not Examine into; Of which by it ſelf.

Taking then this Engliſh Exciſe from Twenty ſhilling per Barrel downward to Nine Shillings Six Pence; or from Six Shillings per Barrel upward to Nine Shillings Six Pence; and then Calculate the Exciſe from either of theſe Extremes, and the middle ſeemed to be a juſt Exciſe; and this Project had two happy Circumſtances in it, which exactly ſupplyed the Difficulty.

For Example.

The Price of the Scots ſtrong Beer being Nine Shillings Six⯑pence per Barrel excluſive of the Exciſe, and the Price of the Engliſh Beer reckoning it at Twenty Shillings per Barrel incluſive of the Exciſe, being Fourteen Shillings Three Pence per Barrel, excluſive of the Exciſe, Nine Shillings Sixpence is to Fourteen Shillings Three pence, as Nineteen to Fourteen Shillings Nine⯑pence.

Thus,

9 ſh. 6 d. ſterling is Pence 114, the Price of the Scots ſtrong Beer excluſive of the Exciſe.

14 ſh. 3. d. ſterling is Pence 171—Ditto. of the Engliſh.

Two Thirds of 171, which is 14 ſh. 3 d. is 114, which is 9 ſh. 6 d.

Two Thirds of 57 Pence, which is 4 ſh. 9 d. is 19 d. which is the Medium of Exciſe this way.

Again, if you begin at the loweſt Rate of the Exciſe, and the loweſt Price of Beer, and from thence draw the Proporti⯑on upward, then Two Shillings the preſent ſtated Exciſe, is the ſame to Twelve, as Fifteen Pence is to Six Shil. or ſo near it, as they ſell the Beer incluſive: So that the difference is of no extraordinary Conſequence; For Example,

Twelve Gallons Scots paying Two Shillings Exciſe, is ſold for Twelve Shilling ſterling including the Duty.

One Barrel Engliſh ſmall Beer, paying One Shilling Three Pence Exciſe, is ſold at Seven Shillings Six Pence per Barrel incluſive of the Duty.

Note, Two Shilling is One ſixth Part of Twelve Shilling, and One Shilling Three Pence is One ſixth Part of Seven Shillings Six Pence.

Thus the Exciſe of both Kingdoms ſtands upon the ſame Foot, and are an Exact proportion to one another; and ha⯑ving drawn a rough Scheme of theſe Proportions, the Com⯑miſſioners Ordered them to be laid before them, Finiſhed the [98] next Morning, which was done; And the Author had the Honour done him to have them Accepted, which was a full Reward to him, and compleatly ſuited to his Expectations; And they ſtand in the Treaty of Union in his very Words.

This is put down here, not at all to Value the Merit of the Author upon, but however, to do himſelf Juſtice againſt aſ⯑ſuming Pretenders.

As to the Miſtake between the Brewers and the Exciſe Of⯑fice, which fell out afterward in Edinburgh, and which ſome People induſtriouſly ſtrove to blow into a Flame, it is explained in its Place.

MINUTE XXIX.

Friday 29. November 1706.

Prayers ſaid,

Rolls Called,

Moved, that the Obſervations made by the Council of Trade in Relation to the Export and Import of this Nation, and a Ballance of our Trade be laid before the Committee, to whom the ſixth Ar⯑ticle of Union is remitted, and the ſame was accordingly ordered; as alſo, the Clerks of the ſaid Council of Trade were ordered to tranſmit to the ſaid Committee all Obſervations, Papers and Re⯑cords relating thereto.

Then the Lord Chancellor acquainted the Parliament, That the Secret Council at their laſt Meeting, had under their Conſideration ſeveral Accounts of Irregular and Tumultuary Meetings, by ſome People of the common and meaneſt Degree in Arms, and of Abuſes committed by them at Glaſgow, Stewartry of Kirkcudbright and Dumfreis, and ſeveral places of Lanerk Shire, and that there were Papers dropt inviting People to take up Arms, and to provide Ammunition and Proviſions in order to their Marching to diſturb the Parliament, all which he was directed by the Right Honourable the Lords of Her Majeſties Secret Council to lay before the Parliament, to the effect proper Methods might be reſolved upon for preventing the evil Conſequences of ſuch Practices; and thereafter pre⯑ſented a Letter from the Magiſtrates of Dumfreis to Her Majeſties Ad⯑vocat, Bearing an account of the Abuſes and Tumultuary Meetings in that Place, with a Declaration emitted by thoſe who met, which was affixt on the Mercat Croſs of Dumfreis, and both were Read.

Whereupon a Draught of a Proclamation to be emitted by the Parliament againſt all Tumultuary and Irregular Meetings and Convoca⯑tions of the Liedges was preſeuted and Read, and after ſome Diſcourſe thereupon, it being objected, That it did not appear that there was a particular Information of any Tumultuary Meetings or Irregular Convo⯑cations in any other part of the Shire of Lenerk than at Glaſgow.

[99] Her Majeſties high Commiſſioner was thereupon pleaſed to notifie to the Parliament, That he had Information not only from Glaſgow and Dumfreis, but alſo from ſeveral places in Lanerk Shire of Tumultuary and Irregular Meetings of men under Arms, and of their giving out and publiſhing their deſign of marching to diſturb the Parliament.

Thereafter the Draught of the Proclamation was again Read, and after Reaſoning thereupon, and ſome Amendments, a Vote was ſtated, Approve of the Proclamation or not.

And before Voting, it was agreed, that the Members ſhall be marked as they Vote, and that the Liſt of their Names as they Vote pro or con ſhall be Printed and Recorded, and the Lord Chancellor allowed to have his Name Printed and Recorded as an Approver, and the Proclamation as Amended being again Read over.

The Vote was put, Approve or not, and it carried Approve.

Thereafter the Draught of an Act ſuſpending the effect of that Clauſe in the Act of Security for Arming and Exerciſing the fencible Men, paſt in the ſecond Seſſion of this current Parliament, and that during this Seſſion of Parliament allannerly, Read, and a firſt Read⯑ing ordered to be marked thereon.

Adjourned till to Morrow at ten of the Clock.

OBSERVATION XXIX.

The Affair of the Rabbles in the Country came now before the Parliament, for things were come to that Height in the Coun⯑try, that it was no longer to be Tampered with; The Party who oppoſed the Union had ſo far prevailed upon the People, that they began to break all Bounds; at Dumfries the Articles of the Union were burnt at the Market Croſs, by a Number of People in Arms, tho' they were not near ſo many as was Reported at Edinburgh, where they induſtriouſly enlarged thoſe Reports, to Intimidate the Party that was for the Union, and, if poſſible, to ſet the Mob in Edinburgh to Work again; But the Guards there did their Duty ſo effectually, that there was no more Appearance in the Street, tho' loud Threatnings were made of it.

As to the Burning the Articles, it was true, That a Num⯑ber of People being got together, did publickly burn the Ar⯑ticles of the Union, as concluded at London, with the Liſt of the Names of the Commiſſioners of the Treaty, and did affix a Paper upon the Croſs of Dumfreis, which they called, Reaſons for and Deſigns in Burning the Articles, &c. after having read the ſaid Paper from the Croſs.

This Paper was afterwards printed, and the Printer being ordered to be apprehended, fled for it till the firſt Heat was over, and then he appeared again, and was not queſtioned for it.

The Copy of the ſaid Paper is added in the Appendix to this Work, No. E x.

[100] But it is to be noted, That whereas the Paper mentions Squadrons of Foot and Horſe, and the Report was of 5000 and 7000 People, 5000 in Arms that entered the Town, and 7000 in the Hills to ſupport them—; It was all Ru⯑mour, the moſt that appeared in this Action being about 200, and theſe in no ſort of Military Order or Equippage, as I have noted before.

Yet was this Diſorder improved to a great Height, and particularly as it was improved to make the Government ap⯑prehend, the Weſtern People were reſolved to concern them⯑ſelves in this Affair, and to take Arms againſt the Govern⯑ment; The Parliament was very ſenſible of this, and being very loth to have any Force made uſe of, they tryed all the Methods poſſible, by Proclamations, and publick Repealing the Licence for Muſtering, to take away all Opportunity of Aſſembling together, by which the People might be drawn into the Snare.

It is obſervable, That even, in the Houſe, there appeared ſome, who were very loth to have theſe Rabbles diſcourag⯑ed and diſcountenanced; And tho I could give more par⯑ticular Inſtances of it, yet this of Objecting againſt the Cer⯑tainty of the Accounts, viz. That it did not appear, that there was a particular Information of any Tumultuary Meetings, or Irregular Convocations; This, I ſay, is a clear Proof of it, for theſe Objectors were openly againſt preventing the Muſtering or Aſſembling the Lieges according to the Act of Security, and gave this Suggeſtion, viz. Want of Information for a Reaſon, whereas the Matter of Fact was, That the Lord Commiſſio⯑ner had real and direct Information of this Affair of Dumfries, and of private Emiſſaries gone abroad to excite the People to take Arms, and the reſpective Meetings of theſe Agents or Emiſſaries in the County of Lanerk, and elſewhere, more than ſufficient to juſtifie the Precautions mentioned in the Minute.

Upon this Debate the Proclamation was Voted, and the Act of Security, ſo far as it concerned this Caſe, was repealed, which had various Effects in ſeveral parts of the Country, in ſome places it really cruſh'd and prevented their aſſembling, at Glaſgow it irritated and provoked them, and made them more Furious than before—; But generally it had a very good Effect, for it took away the pretence which any of the Lairds or Heads of Clans might have had before, to have ap⯑peared with the People in Arms, and under the pretence whereof, they might have been exonered in Law, while an Act of Parliament was in Force to protect them, for no Man could ſay, if a Gentleman gathered 100 or 500 Men together, that he had any ill Deſign, and tho' he Arm'd them and Train'd them, and kept them together, he could not be accuſed for any Crime, becauſe the Law allowed him to do ſo, [101] under pretence of Arming and Diſciplining the Fencible Men, as Authorized by the Act of Security.

This appeared therefore ſo neceſſary at this Time, That a Propoſal was immediately brought in to Repeal that part of the Act of Security, at leaſt to Suſpend it for a Time; There was great Oppoſition made to this Propoſal, and abun⯑dance of Speeches made Applauding the Act of Security, how difficultly it was obtained, and how much of the Liber⯑ty of Scotland depended upon it—; But the Motion be⯑ing ſeconded with the Neceſſity of the Time, and the Cauſes as above, and withal the Propoſal being made to extend it only to the Time of the preſent Seſſion of Parliament, as per the Vote, it admitted the leſs Oppoſition.

MINUTE XXX.

Saturday 30. November 1706.

Prayers Said,

Rolls Called,

Addreſs of the Magiſtrates and Town Council of the Burgh of Air, for ſuch Rectifications of the Articles of Union, and ſuch Eaſes of Duties and publick Taxes, as are moſt agreeable to the Circum⯑ſtances of this Nation, given in and Read.

Addreſs of Heretors and others, Inhabitants of the Town and Paroch of Burntiſland, Subſcribers of the ſame, againſt an Union with England in the Terms of the Articles, given in and Read.

Thereafter the Act ſuſpending the Effect of a Clauſe, as to Arming and Exerciſing the Country in the Act of Security, paſt in the ſecond Seſſion of this current Parliament again Read, and after ſome Rea⯑ſoning thereupon, and ſome Amendments, the Act as amended was again Read.

Then the Vote was put, Aprove of the Act or not, and it carried Approve, and was touched with the Scepter by Her Majeſties High Commiſſioner in the uſual manner, under the Title of Act againſt all Muſters and Rendezvouzes during the preſent Seſſion of Parliament.

And the ſaid Act and the Proclamation mentioned in the Minutes of the laſt Sederunt were ordered to be furth with Publiſhed & Printed.

Thereafter the Seventh Article of Union was again Read, and after Reaſoning upon that part thereof not formerly approven, it was put to the Vote, Approve of the ſaid Seventh Article or not, and it carried Approve.

A Print was then given in, Intituled, An Account of the Burning of the Articles of Ʋnion at Dumfreis, bearing the Declaration Read, and affixt at the Mercat Croſs thereof by the Tumult aſſembled on that Occaſion; and it being moved, That Inquiry ſhall be made who [102] has been the Printer and Ingiver of the ſaid Scurrilcus Paper, and that the Print be Burnt by the Hand of the Hangman.

It was Remitted to the Committee, to whom the Sixth Article of Union is Remitted, to call for the Magiſtrates of Edinburgh, and to take Tryal and make Inquiry anent the Printer and Ingiver of the ſaid Paper.

Ordered alſo, That the ſaid Scurrilous Print be Burn'd by the Hand of the Common Hangman at the Mercat Croſs of Edinburgh upon Monday next betwixt Eleven and Twelve of the Clock, and the Magiſtrates of Edinburgh appointed to ſee the Order punctually executed.

Then the Eight Article of Union was Read, and Remitted to the Committee, to whom the Sixth Article is Remitted.

Act for Adjourning the Seſſion till the firſt Day of January next, Read, and a Clauſe was offered to be ſubjoyned thereto, in theſe Terms; And further, Her Majeſty, with Advice and Conſent foreſaid, Statutes and Or⯑dains, That the Seſſion, which is Appointed to Riſe the laſt Day of Fe⯑bruary next, be continued to ſit, for Adminiſtration of Juſtice to the Liedges, from the ſaid day to the laſt day of March 1707 years incluſive.

Which being Read, the Conſideration of the ſaid Clauſe delayed till the Act be again Read, and a firſt Reading was Ordered to be marked on the Act.

Thereafter it was intimate to all ſuch Members, as gave in any Overtures or Clauſes (relating to the Sixth Article of Union) to at⯑tend the Committee next Sederunt.

Adjourned till Tueſday next at Ten of the Clock.

OBSERVATION XXX.

The Debates of this Day were principally taken up about Re⯑pealing the Clauſe of the Act of Security anent Arming & Exer⯑ciſing as before, and great Struggles were made to preſerve the Clauſe, but it look'd ſo like Abetting the Tumults which were now in their Height, that no Man could ſpeak heartily to it, for all Men pretended, at leaſt, to diſowne the Deſign of Rabbling the Parliament, and breaking up their Conſultations by Tumults and Violence, but yet, as far as they could drive it, they oppoſed this Vote.

At laſt it was carried, and the Act was touched, and is printed in that part of this Work, Intituled, Of the carrying on the Treaty in Scotland, Folio 74.

The Paper about Burning the Articles at Dumfreis was now cenſur'd, and the Printer, kept out of the way ſome time, but no Proceedings were made on it, only that the Paper was burnt by the Hangman according to the Order.

The Difficulties of the Sixth, Seventh and Eighth Articles, being generally reſpecting Taxes, Exciſes, Salt, Exportations and Importations, &c. of Trade; were referred to the Com⯑mittee [103] to ſettle, and ſhall be ſpoken to as they came again before the Houſe.

It is to be obſerved, among the great Croud of Addreſſes that had been brought into the Houſe, one of this day from the Burgh of Air, differed from the Generality, and was not as others, againſt an Ʋnion with England in the Terms of the Ar⯑ticles; But was for Rectification of the Articles, and Eaſe of Taxes; This had ſome ſeeming Softneſs in it, and appeared more reaſonable than the other, and the Parliament ſeem'd General⯑ly Inclined to enter upon Rectifications and Eaſe of Taxes, and the References to the Committee were with that Proſpect, the Difficulty lay how to Regulate and ſo Govern the ſaid Re⯑gulations, as to make them equal to both Kingdoms, Reaſon⯑able in Scotland to Ask, and Reaſonable in England to Com⯑ply with, that ſo the Poor might, as far as poſſible, be Eaſed, the Circumſtances of both Kingdoms be Conſidered, and Eng⯑land not be Impoſed upon, for they were not Ignorant that there were Vigilant Endeavours at Work, to obtain ſuch Amendments as England ſhould ſtick at, and as might, at leaſt, occaſion the Treaty to be ſent back to Scotland for further Amendments; and then they would be able to raiſe ſuch fur⯑ther Difficulties, that the Time might Expire upon their hands, and then the whole Work had been to do over again.

MINUTE XXXI.

Tueſday 3. December 1706.

Prayers ſaid,

Rolls Called,

Then the following Addreſſes were given in and Read, viz. Ad⯑dreſs of the Merchants, Deacons, Trades and other Inhabitants of the Burgh of dir ſubſcribers of the ſame; Addreſs of Barons, Free⯑holders, Heretors and others of the Four Parochins of Glenkenns in the Shire of Galloway ſubſcribing the ſame; and Addreſs of the Ma⯑giſtrates, Town-Council, Burgeſſes and Inhabitants of the Burgh of New Galloway ſubſcribers of the ſame, all againſt an Union with England in the Terms of the Articles.

Thereafter the Act adjourning the Seſſion till the firſt of January next was again Read, as alſo the Clauſe continuing the ſitting thereof from the laſt of February till the laſt day of March next incluſive, inſert in the Minutes of the laſt Sederunt, and after debate, it was put to the Vote, Add the Clauſe or not, and it carried Add.

And the Clauſe being added, The Vote was put, Approve the Act or not, and it carried Approve.

[104] Ordered, That the Council of Trade do meet and give in their Obſervations as to Export and Import, and Ballance of Trade, to the Committee to whom the Sixth and Eighth Articles are Remit⯑ted, and that betwixt and the next Sederunt of the ſaid Committee.

Then the Ninth Article of Union was Read, and after Reaſoning thereon it was moved, That Six Months Ceſs ſhall be the Quota of the Tax to be Impoſed on Scotland, in place of Eight Months agreed to by the ſaid Article, and after debate thereupon,

A Vote was ſtated Approve of the Ninth Article or not.

And thereupon a ſecond ſtate of a Vote was offered, viz. Whether Six Months Ceſs or Eight Months Ceſs ſhould be the Quota of the Tax to be charged on Scotland.

Then the Vote was put, Which of the two ſhould be the ſtate of the Vote, Firſt or Second, and it carried Firſt.

Whereupon it was put to the Vote, Approve of the ſaid Ninth Ar⯑ticle or not, and it carried Approve.

Thereafter the Tenth, Eleventh, Twelfth and Thirteenth Articles of Union were all ſeverally Read, and were ſeparately Voted and Approven.

The Fourteenth Article of Union Read, and the Conſideration thereof delayed till next Sederunt, to be then proceeded upon, pre⯑vious to all other Buſineſs.

Act adjourning the Seſſion to the firſt day of January next, and continuing the ſitting thereof from the laſt of February till the laſt day of March next incluſive, Touched with the Scepter by Her Majeſties high Commiſſioner in the uſual manner.

Adjourned till Thurſday next at Ten of the Clock.

OBSERVATION XXXI.

The Ninth of the Articles of the Union, could admit of no Debate, but whether the Eight Months Ceſs agreed to be the Proportion of Scotland, to the Land Tax of Four Shillings per Pound upon Rent in England, were founded upon a true Scale of Equalities: I have already ſtated this Queſtion in the Obſervations on the Minutes of the Treaty at London, and need not repeat them; but obſerve, that the Propoſal now made of Six Months Ceſs, to the Engliſh Two Million Land-Tax, had no Arguments at all to ſupport it, that could be made good by juſt Proportions, neither were there any Schemes offered to the Houſe, to Form any other Proportions from, or to prove any thing of Equalities upon; So the making this Offer produced no other Effect, than the bare reciting the ſeveral Calculates and Proportions upon which the other was Formed, and which had been approved in the Treaty at London, and upon an Eaſie Examination, they ap⯑peared ſo Juſt, that nothing could be offered of any real [105] Weight, to move the Parliament to alter it; So this Clauſe paſt with ſmall Difficulty.

The Tenth, Eleventh, Twelfth, Thirteenth Articles re⯑quired no Debate, conſiſting only of Exemptions to Scotland from ſeveral Duties and Taxes paid in England, which could not be Extended to Scotland, ſuch as Stampt Paper, which in Scotland could not conſiſt with the Methods of the Law, nor be born in Trade; or the Window Lights, which was De⯑termined not to be continued in England, and the Coal and Culm, which according to the Method of that Tax in Eng⯑land, did not reach to the Coal in Scotland, other than ſuch as ſhould be carried into England, or Exported into Foreign parts, which were expreſly provided for in the Clauſe, in theſe words, That Scotland ſhall be charged with the ſame Du⯑ties as in England, for all Coal, Culm, and Cynders not conſumed in Scotland: As to the Malt Tax in England, which was the Thirteenth Article, it was Temporary, and could not Extend to Scotland without a new Law, and that was provided againſt in the next Article.

MINUTE XXXII.

Thurſday 5. December 1706.

Prayers Said,

Rolls Called,

The Parliament was then acquainted, That the Report of the Committee anent the Calculation of the Equivalent remitted to them was ready, and in the Clerks Hands, and that all Perſons concerned may ſee the ſame and grounds whereupon it proceeds, before the Report be brought in to the Parliament.

Thereafter the Fourteenth Article of Union was again Read, and an Amendment and Addition thereto was offered in theſe Terms, And that the part of the Ʋnited Kingdom, now called Scotland, ſhall not in all time coming be charged with any Malt Tax, or any other Cuſtoms, Exciſes, Taxes or any other Burdens or Duties than theſe con⯑ſented to in this Treaty.

And after ſome Reaſoning upon the firſt part of the ſaid Clauſe in Relation to the Malt-Tax, It was propoſed, That the Amend⯑ment ſhould be in theſe Terms, with this further Proviſion, That any Malt to be made and conſumed within that part of the Ʋnited Kingdom, now called Scotland, ſhall not be charged with any Impoſiti⯑on on Malt during this preſent War.

And after ſome further Debate, The Vote was ſtated, Whether the Exemption from any Impoſition on Malt ſhall be Temporary or Per⯑petual.

[106] Then the Vote was put, Whether the Exemption ſhall be Temporary or Perpetual, and it carried Temporary.

Thereafter it was propoſed, That the Exemption ſhall be during this preſent War.

It was alſo propoſed, That the Exemption ſhall be for a longer Time.

And after Debate thereon, The Vote was ſtated, Whether the Exemption from any Impoſition on Malt ſhall be during this preſent War, or for a longer time, and it carried during this preſent War.

Then the Article as Amended was again Read, and the further Conſideration thereof delayed till next Sederunt of Parliament, to be then proceeded upon previous to all other Buſineſs.

Adjourned till to Morrow at Ten a Clock.

OBSERVATION XXXII.

The Affair of the Malt-Tax came upon the Stage, in the Debate of the Fourteenth Article, becauſe it was but a Tem⯑porary Tax in England; and therefore was to be Conſidered amongſt theſe Things, which the Parliament of Great Britain might hereafter lay Taxes upon.

The Treaters had Acquieſced in a Suppoſition offered in En⯑gland in theſe Words, That the Parliament of Great-Britain could not be ſuppoſed to lay any ſorts of Burdens upon the Ʋnited King⯑dom, but what they ſhall find of Neceſſity at that time for the Preſer⯑vation and Good of the whole and with due Regard to the Circumſtan⯑ces and Abilities of every part of the Ʋnited Kingdom; Therefore it is agreed, that there be no further Exemption inſiſted upon for any part of the Ʋnited Kingdom, but that the Conſideration of any Exemp⯑tions beyond what are already agreed on in this Treaty ſhall be left to the Determination of the Parliament of Great-Britain; Upon this Account they did not inſiſt upon Exemptions of Duties any further, than the ſaid Duties were then Extended in England. But People were now come a greater length, and they did not care to Truſt the Britiſh Parliament ſo far—; They had encouraged all manner of Jealouſies of the Britiſh Parliament, the People had received no Notions, but of Scotlands being always Oppreſt by them, both in Civil and Religious Con⯑cerns: And that therefore nothing was to be left to them. That the Britiſh Parliament was to be Fenced againſt as a declared Enemy, and the Repreſentatives of Scotland being like to be but a Few, viz. Fourty Five to Five Hundred and Thirteen, they were to be Cruſhed by Number, Outvoted and Diſregarded in every Thing relating to Scotland.

There is no more Wonder to be made, that they were for making every Thing ſecure, and ſettling it to Points and Punctilios, who had entertain'd ſuch Notions as theſe; The Malt-Tax therefore being acknowledged Inſupportable in Scot⯑land, [107] and the Treaters having Determined it ſo, and Exemp⯑ted Scotland from it, for as long Time as it was now in Force in England, the Parliament building upon that Suppoſition, reſolve to Determine the time of the Exemption, that they may be ſure of it.

It was moved very briskly, That Scotland ſhould for ever be Exempt from it; but that went not far, as appears in the Vote, ſome were for a certain Term of years, ſome for an Exemption during the War, others for a certain Number of years after the War.

The Exemption during the War, ſeem'd the moſt rational, becauſe it was known, that the Tax upon Malt was a Tem⯑porary Tax, given but upon the Emergence of the War, and as the Gentry of England were with difficulty brought to ſub⯑mit to it, ſo they were not Eaſie under it, and would never ſuffer it to continue after the War, having for that End given it but from year to year, that it might not be entangled with Anticipations, or appropriated to Payments that ſhould con⯑tinue it; And therefore to Exempt Scotland during the War, was a total Exemption in its kind, and ſeemed ſufficient—; This was Oppoſed a little, but as being a Point gain'd, thoſe who ſought the Regulation of Conditions only, came freely into it, and ſo it paſſed.

MINUTE XXXIII.

Friday 6. December 1706.

Prayers ſaid,

Rolls Called,

The Fourteenth Article of Union as amended again Read, as al⯑ſo the Clauſe offered to be added to the ſaid Article, inſert in the Minutes of the laſt Sederunt, as to the Exemption from any other Cuſtoms, Exciſes, Taxes, or any other Burdens or Duties, than thoſe conſented to in this Treaty.

There were two States of a Vote propoſed, the firſt in theſe Terms, Approve of the Article as amended or not, and the Second in theſe Terms, Approve or Amend.

And before Voting it was agreed, That the Members ſhall be marked as they ſhall Vote in both Votes, and that the Liſt of their Names ſhall be Recorded and Printed accordingly.

Then it was put to the Vote, which of the two ſhall be the State of the Vote, Firſt or Second, and it carried Firſt.

Thereafter the Vote was put, Approve of the Article as amended or not, and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXIII.

[108]

The Debate of this Day run only upon the Affair men⯑tioned before, viz. Whether they ſhould depend upon the Britiſh Parliament maintaining a juſt and equal Regard to the Good of the whole United Iſland after the Union, and that they would have Reſpect to the Circumſtances of every part in their laying on Taxes, or whether they ſhould pin them down in all time coming, that no other Burdens or Taxes ſhould be laid on, than thoſe already mentioned.

The Suppoſition of the Parliament of Britains being par⯑tial againſt Scotland, and the Repreſentatives of Scotland be⯑ing few, being oppreſs'd and out-voted, as I have noted al⯑ready, tho' it was a Popular Notion, and improved to an extravagant Height without Doors, yet it had not obtained ſo, as to be owned in the Parliament, nor indeed could any Man, with juſt Reaſon, have ſuppoſed ſuch a thing; And therefore, to offer at a poſitive Limitation on the Parliament of Britain, ſeemed to have ſomething in it very harſh.

Again it was alledged, That, to Limit the Parliament of Britain, not to lay on any other Cuſtoms, Exciſes, Taxes, Duties or Burdens, than thoſe conſented to in this Act, was to take away the Power from the People of Britain, to conform their Affairs even to their own Circumſtances, ſince the Time might come, when ſome of theſe Duties might become bur⯑denſome, that now were not ſo, and others, which now would be burdenſome, might be more for the Publick Service; but to ty the Parliament down abſolutely as in this Clauſe, would be to Limit them from making Alterations in the Publick Taxes, tho' apparently for the Publick Advantage, and would in effect take from them that Power, for which they were really conſtituted, viz. To Diſpoſe the Peoples Purſes, and Redreſs their Grievances.

It was long Argued, That the Parliament ought to be Li⯑mited in this Caſe, becauſe of the Danger there was of Scot⯑land being burdened with Intolerable Taxes, and of the pre⯑ſent Circumſtances of Scotland which were allowed to be un⯑able to bear them; That under the pretence of Alteration of Taxes, Oppreſſive Duties might be laid upon Scotland, which, tho' they might be tolerable in England, were not ſo here, and they ought to provide againſt them.

But it was Reſolved at laſt into this, That all future Con⯑tingencies muſt be left to a Britiſh Parliament, and the Words of the Articles contained a ſufficient Reaſon for ſo doing, viz. It could not be ſuppoſed, That the Parliament of Great-Britain will ever lay any ſorts of Burdens upon the Ʋnited King⯑dom, but what they ſhall find of Neceſſity, at that time, for the Preſervation and Good of the whole, and with due Regard to the Cir⯑cumſtances [109] and Abilities of every part of the Ʋnited Kingdom; Therefore it is Agreed, That there be no further Exemption inſiſt⯑ed upon for any part of the Ʋnited Kingdom, but that the Conſideration of any Exemptions, beyond what are already agreed on in this Treaty, ſhall be left to the Determination of the Parlia⯑ment of Great-Britain.

And thus, with ſome Difficulty, the Clauſe was paſs'd, without any further Amendment.

MINUTE XXXIV.

Saturday 7. December 1706.

Prayers Said,

Rolls Called,

The Fifteenth Article of Union Read, and thereafter the firſt Clauſe or Paragraph thereof again read; As alſo the Report brought in from the Committee for Examining the Calculation of the Equi⯑valent being as follows; The Committee of Parliament, to whom the conſidering of the Calculation of the Equivalent was remitted, having conſidered the Report made to them by Doctor James Gregory Profeſſor of the Mathematicks in the Colledge of Edinburgh, and the Report made by Doctor Thomas Bowar Profeſ⯑ſor of the Mathematicks in the Colledge of Aberdeen, of their ſeve⯑ral and reſpective Examinations of the Calcul, and Grounds thereof, whereupon the Commiſſioners, in Treating the Article for eſtabliſh⯑ing the Equivalent, did proceed, and alſo having conſidered the Re⯑port of the Sub-committee thereanent, they find, That the Compu⯑tation of the Equivalent mentioned in the Article is juſt, and that the Calcul is exact, and well founded in the Terms, and in Manner expreſſed in the ſaid Article.

Whereupon it was propoſed, to delay the Conſideration of the ſaid Fifteenth Article, until Reports be brought in, in Relation to the Sixth and Eighth Articles, from the Committee, to whom the ſaids Articles are remitted.

And after Debate thereon, it was agreed, That the proceeding on the Fifteenth Article ſhall not be underſtood to be any Determination of the Sixth or Eighth Articles that ſtand committed; But that the Reaſoning and Voting on the Sixth and Eighth Ar⯑ticles ſhall be intire.

Then a State of a Vote was offered in theſe Terms, Approve of the firſt Paragraph of the Fifteenth Article, or Not.

But it being moved, That the Parliament firſt conſider, whether we ſhall be concerned in the payment of the Engliſh Debts: A ſe⯑cond State was thereupon offered, whether we ſhall ingage in the payment of the Debts of England, Yea, or Not.

[110] And after ſome Reaſoning thereon, it was put to the Vote, which of the two ſhould be the State of the Vote, Firſt, or Second.

And before Voting, it was agreed, That the Members Votes ſhall be marked, and that a Liſt of their Names, as they ſhall Vote, ſhall be Printed and Recorded.

And the Lord Beilhaven gave in a Proteſt, as follows: I do Pro⯑teſt in my own Name, and in the Name of all thoſe who do adhere to this my Proteſt, That the Voting and Agreeing to the firſt Clauſe of the Fifteenth Article of the Treaty of Ʋnion, doth no ways infer any manner of Conſent or Agreement, That Scotland ſhould be lyable to the Engliſh Debt in general, but that it may be lawful to object againſt any Branch of the ſaid Debt not already determined: And he took Inſtruments thereupon, and the Duke of Hamilton, the Earl of Selkirk, the Lord Saltoun, Andrew Fletcher of Saltoun, Sir Humphrey Colquhoun of Luſs, David Bethun of Balfour, Major Henry Balfour of Dunboig, Mr. Tho⯑mas Hope of Rankeilor, Alexander Watſon, and Mr. Robert Frazer, ad⯑hered thereto.

Then the Vote was put, Firſt, or Second, and it carried Firſt.

Thereafter it was put to the Vote, Approve of the firſt Clauſe or Para⯑graph of the Fifteenth Article, or not, and it carried Approve.

Her Majeſties High Commiſſioner, and the Eſtates of Parliament, did recommend the Perſons imployed in the Calculation of the Equi⯑valent by the Committee, to whom the Examining thereof was re⯑mitted, to the Lords of Her Majeſties Theſaury, for a Gratification for their Pains.

Adjourned till Tueſday next at Ten of the Clock.

OBSERVATION XXXIV.

They were now come to the great Article of the Equiva⯑lent; It had been offered at in the (left blank) Article, and by Conſent referred to a Committee, which Committee had ſpent a great deal of Time upon it, had Examined all the Calcula⯑tions made by the Clerks imployed in London during the Trea⯑ty, had caſt up the Intereſts, and the Valuation of Years, to reduce every Annual payment upon ready Money, upon equal Rebates & Allowances, and their Report was now brought in, by which it appears, That the Calculations made in England were very juſt, ſo that no Objection lay againſt that part of the Work.

The firſt Queſtion then was, Why Scotland ſhould concern it ſelf in paying Englands Debts at all, and on this Head it is neceſſary to be ſomething large, ſince the Learned Debates on this Head filled the whole Nation, and the Oppoſers of the Union advanced abundance of Objections againſt the very Thing called an Equivalent, in the firſt place, as needleſs and impertinent; That England ſhould pay its own Debts, and keep her own Money, and the like; That, to make Scotland [111] pay Taxes, and then give her an Equivalent, was doing no⯑thing as to Equalities, for that tho' it might be an Equality, Nationally ſpeaking, it had no Perſonal Juſtice or Equality at all, ſince the private Perſons that ſhould pay it, would never receive any Equivalent for the Injury they received.

Some Anſwers to this I ſhall ſet down here, as they were argued in the Houſe, and after made publick by an Honou⯑rable Member of the Parliament, now Baron of the Exchequer in Scotland, Mr. Clark of Pennycook.

From theſe Poſitions it follows, That ſince under all ſorts of Union whatſomever, with a Communication of Trade, we muſt be Subjected to equal Cuſtoms and Exciſes, and that a great part of theſe is applyed towards Payment of the Debts of England, therefore in common Juſtice, a Proviſion behoved to be made to Scotland, for re-imburſing what we ſhall be charged on the Score of theſe Debts, which by this Article of the Treaty, is called An Equivalent.

This Equivalent is ſo Contrived and Adjuſted, that thereby we cannot properly look on our ſelves as engaged [112] in the Engliſh Debts, for no Man can be properly ſaid to pay a Debt for another, when the Money is either advan⯑ced before hand to the Payer, or at furtheſt, the next Mo⯑ment after it is payed out, which will be Scotlands Caſe.

It was evident that a Communication of Trade was the In⯑tereſt of Scotland, and was the cleareſt Advantage on the Scots ſide, and moſt Unexceptionable in the whole Treaty; It was impoſſible this Communication of Trade could be E⯑ſtabliſhed, and could be entirely Free, unleſs an Equality of Cuſtoms, Exciſes, and of all ſorts of Payments were ſettled at the ſame Time; So that theſe People who were ſo back⯑ward to come into the Engliſh Debts, were leading into a Re⯑jecting the only Advantage, which they themſelves acknow⯑ledged was to be had by the Union.

The Equality of Exciſes and Cuſtoms being thus abſolute⯑ly neceſſary, the Engliſh Debts came to be concerned, be⯑cauſe the Cuſtoms and Exciſes of England being appropri⯑ated as Funds to pay the Intereſts of Annuities, and ſuch In⯑cumbrances, the ſame Duties in Scotland would of courſe run in the ſame Channel, come into the ſame Charge, and under the ſame Incumbrances, as it could not be otherwiſe, without running Things into all manner of Confuſion.

The Treaters in London had been convinc'd of this, and therefore readily came into it, demanding an Equivalent to Scotland, ſuited to ſo much of the Scots Revenue, as ſhould be ſo appropriated to the payment of the Engliſh Debts.

But it was the hardeſt Thing in the World, to make the People in Scotland apprehend it—; Not but that thoſe who were more immediately concern'd in the Debating it, underſtood it well enough; But it ſerv'd as a Handle to Rally the Union, & the Thing being rendred as Intricate to the com⯑mon People as poſſible, that they might be the more moved to Oppoſe it; Theſe Ignorantly running away with a Noti⯑on, that Scotland was to pay the Engliſh Debts, began to Rage at the Treaters again, and cry out, They were Sold and Betray⯑ed; to tell them of an Equivalent, was to ſay nothing, and as, many did not underſtand it, ſo they that did, would not ſeem to underſtand it; the very Word became Proverbial, and was the Jeſt of Converſation, till the Averſion to it ren⯑red it in a manner Contemptible. To bring Scotland in to pay the Engliſh Debts! What was not Scotland Poor enough already? Was this the Advantage of the Union! It could not be ſuffered, and the Treaters had Betrayed them: Such Diſcourſe as this was the Subject of the common Peoples Con⯑verſation, and the Anſwering them with the ſtory of an E⯑quivalent to be paid them, was to tell them ſomething which they neither underſtood, nor entered into the Examination of.

[113] It would be very hard to deſcribe, how this kind of Diſ⯑courſe irritated the poor People, and how they were impoſed upon in the daily Accounts ſpread of this new Wonder, cal⯑led The Equivalent, of which Calculations were made publick, repreſenting, That in a year Scotland would Repay all the Money advanced from England, by the increaſe of Cuſtoms and Exciſes; & ſo after that Rate, notwithſtanding of the Equi⯑valent, Scotland would be drawn into an Entail of Taxes for an Hundred Years, to clear off the vaſt Debt of Twenty Mil⯑lions, which England was now liable to.

I ſhall have occaſion to Anſwer this in a ſubſequent Obſerva⯑tion. But I can not but Note, That by a due Calculation laid be⯑fore the Parliament, it was made very plain, That England would be ſo far from being Re-imburſt in a Year, as above, that reckoning the common Intereſt of the Money advanced in the Equivalent, with the Medium of Years in which great part of the Duties the other People had Calculated from, was to Expire, the Equivalent Advanced in Money to Scotland would not be Re-payed in Ninety Years.

Yet was not all this able to Allay the Prejudices of the People, at the Affair of paying the Engliſh Debt, which they run away with ſo eagerly, and ſo univerſally Raged againſt, that had not the Rabbles been in good time Cruſh'd before, and that ſo effectually, that they could not begin again, it was thought this very thing would have Influenced them to a more dangerous Degree than any thing.

But this was offer'd by degrees, the Work of this Day was only to Debate the firſt Clauſe, viz. Whether Scotland ſhould be intirely free from the Engliſh Debts, or whether they ſhould come in to the Appropriations of the Engliſh Duties, accep⯑ting of an Equivalent, and after a very Warm Debate, the Caſe was carried, as by the Minute.

MINUTE XXXV.

Tueſday 10. December 1706.

Prayers ſaid,

Rolls Called,

Addreſs of Heretors and Commons of the Town and Paroch of Douglaſs ſubſcribing the ſame, and Addreſs of Parochioners of Car⯑michael and Petinean, ſubſcribers of the ſame, both againſt an Uni⯑on with England in the Terms of the Articles were given in and Read.

The Sixth Article of Union again Read, as alſo a Report of the Committee to whom the ſame was Remitted in the Terms follow⯑ing, [114] viz. The Committee of Parliament appointed for conſidering the Sixth Article of the Treaty of Ʋnion and Propoſals made in Parliament relative thereto, having conſidered the Clauſe under-written, anent the Preemiums and Rewards for Exporting of Victual, are of Opinion, that the Clauſe after-mentioned be added to the Article of Union, where⯑of the Tenor follows, Viz. And ſeing by the Laws of England, not⯑withſtanding there are Rewards granted upon the Exportation of certain kinds of Grain, wherein Oats Grinded or Ʋngrinded are not ſpecified, That from and after the Ʋnion when Oats ſhall be at Fifteen ſhilling Sterling per Quarter or under, there ſhall be payed Two ſhilling and Six pence Sterling for every Quarter of the Oat Meal Exported in the Terms of the Law, whereby, and ſo long as Rewards are granted for Exportation of other Grains, and that the Bear of Scotland have the ſame Rewards as Barley.

And upon a Motion, That the Praemium to be allowed ſhould be higher, after a long debate thereon, it was put to the Vote, Approve of the Report or alter, and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXV.

The Commmittee to whom the ſeveral Articles about Trade were refer'd, began now to make their Reports, and begin⯑ning with the Sixth Article concerning Equalities of Allow⯑ances and Encouragements, they made their Report about the Allowances on Exporting Victual, by which is underſtood Corn only, which is commonly called Victual in Scotland.

The Allowance here offered by the Committee, was on theſe Conſiderations, It had been uſed in England to give a Bounty or Allowance on the Exportation of Grain, to En⯑courage the Merchant to Export it, being a ſure Rule in Trade, that all the meer Product of the Earth which can be ſpared and Exported Abroad, over and above the neceſſary Con⯑ſumption of the Nation, is clear-Gain to the publick Stock.

But Oats in England had no Allowance or Bounty on the Exportation, becauſe it was generally ſuppoſed, That Eng⯑land had never any Quantity of Oats to ſpare more than they Conſumed among themſelves, but were rather alwiſe ready to Buy Oats from Abroad, than to Export them.

On the other hand, Oats being the principal kind of Grain Sowed in Scotland, it was equally neceſſary to Encourage the Exporting of Oats, as it was to Encourage the Exporting Wheat in England.

But this was Anſwered, by telling them, that there was no need of propoſing a Bounty upon the Exportation of Oats, for that England would always take off what ever Quantity of Oats they would part with, and to offer a Bounty for Expor⯑tation of that Abroad, which was really wanted at Home, [115] was Abſurd, contrary to the Rules of Trade, and the Nature of the Thing. Further it was offered, That ſhould a Bounty be offer'd on the Exportation of Oats, the Out-ports in England, who now ſupply London, lying ready for the Trade to Holland and Flanders, would ſend all their Oats Abroad, and London would not be ſupplyed but upon dear Rates.

Theſe Arguments prevailed with the Committee as to Oats, but there being a very Gainful Trade carried on from Scotland to Norway for Oat-Meal, which it was worth while to encourage, as a Trade that Generally brought into Scotland a great deal of Bullion, and Money in ſpecie, the Committee thought fit to place a Bounty upon the Exportation of the Oat-Meal, as per the Vote, and the ſtate of the Time when the ſaid Bounty ſhould be paid being fix'd, when Oats ſhall be no higher than Fifteen Shillings per Quarter, there could be no danger, that the greatneſs of the Export ſhould Influence the Market at London, ſo as to make Oats Scarce or Dear, ſince after they came to Fifteen Shillings per Quarter, no Boun⯑ty Money could be demanded.

This was founded upon ſo juſt a Calculation of Equalities in Trade, that it met with no Oppoſition in the Parliament.

MINUTE XXXVI.

Wedneſday 11. December 1706.

Prayers Said,

Rolls Called,

Then the following Addreſſes were given in and read, viz. Ad⯑dreſs of the Presbytery of Dumblain, ſubſcribing the ſame; Ad⯑dreſs of the Presbytery of Hamilton, ſubſcribing the ſame; Ad⯑dreſs of the Inhabitants of the Parochins of Caputh, Lethendy, Alyth and Kinloch in Perth-ſhire, Subſcribers of the ſame; Addreſs of the Inhabitants of the Parochins of Errol, Kilſpindie, Kinnaird, Inchture, Longforgan, St. Madoes and Kinfauns in Perth ſhire, ſub⯑ſcribing the ſame; Addreſs of Heretors, the Miniſter, Elders and Heads of Families in the Paroch of Logie, Subſcribers of the ſame; And Addreſs of the Parochins of Airth, Larbert, Dunipace and Den⯑ny, ſubſcribing the ſame; all againſt an Union with England in the Terms of the Articles.

Thereafter a Propoſal given in for a further Addition to the Sixth Article, in theſe Terms, viz. And that there be likewiſe a Proemium allowed for the Exportation of Oats proportionally with the Meal, Compt⯑ing Three Bolls of Oats to one Quarter of Meal; ſo that the Proemium may be Ten Shilling Scots for every Boll of Oats Exported.

[116] Which being read, after debate thereupon, it was put to the Vote, Allow a Proemium on the Exportation of Oats, or not? and it carried not.

Then a ſecond Report of the Committer, to whom the Sixth Article is remitted, was brought in, and read in theſe Terms; The Committee of Parliament appointed for conſidering the Sixth Article of the Treaty of Ʋnion, and Propoſals made in Parliament relative thereto; Having Conſidered the Clauſe under written, are of Opinion, That it ſhould be added to the Articles of Ʋnion as follows; And in reſpect the Importation of Victual into Scotland from any place beyond Sea would prove a Diſcouragement to Tillage; Therefore, That the Pro⯑hibition, 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 Ʋnion, remain in the ſame Force, as now it is.

And after ſome Reaſoning, it was propoſed to add to the above Report the ſubſequent Clauſe, viz. Ʋntil more proper and effectual ways be provided by the Parliament of Great-Britain, for diſcouraging the Importation of the ſaid Victual from beyond Sea: And after ſome further Reaſoning, the ſaid ſecond Report was agreed to, And it was put to the Vote, Add the above Clauſe to the ſaid Report, or not, and it carried Add.

Thereafter an Overture for an Act for Additional Proemiums on Exportation of Victual, to commence the firſt of February, and to end the laſt of April both next to come incluſive, given in and read; And agreed, That the ſame be taken into Conſideration immediate⯑ly after the Reports relating to the Sixth Article of Union.

Then a Third Report brought in from the ſaid Committee was read in theſe Terms; The Committee of Parliament appointed for conſidering the Sixth Article of the Treaty of Union, and Propoſals made in Parliament relative thereto; Having conſidered the Clauſe mentioned in the Twenty Seventh Days Minutes, anent the Making and Exporting of Plaiding, Fingrams, Galloway-whites, Sarges, Stockings, and all ſorts of Linen to England, Dominions and Planta⯑tions thereof, or any part beyond Sea, free of any Duty or Impoſition; and having conſidered the Engliſh Acts of Parliament relative there⯑unto, particularly the 32 Act primo Gulielmi & Mariae, and the Twenty Act Gul. undecimo & duodecimo, in regard there appears to be no Reſtraint at preſent; regulating the way and manner of mak⯑ing Engliſh Woollen Cloaths and others to be Exported, and that all the Woollen Manufactures are declared to be free of Duty and Impo⯑ſition whatſoever at Exporting, and that, by the ſaid Sixth Article of the Treaty of Union; all parts of the United Kingdom are to have the ſame Allowances and Encouragements; Therefore the Committee are of Opinion, That the adding the foreſaid Clauſe to the Articles of Treaty is unneceſſary.

And after Debate the Vote was put, Approve of the ſaid Third Re⯑port, or not; and it carried Approve.

Thereafter a Fourth Report was brought in from the ſaid Commit⯑tee, and read in theſe Terms, viz. The Committee, to whom the [117] Conſideration of the Sixth Article of Union, and Propoſals made in Parliament relative thereto, are Remitted; Having conſidered that Clauſe mentioned in the Twenty Seventh Days Minutes; That, af⯑ter the Union, all ſorts of Scots Linen, or any kind of Cloath made of Flax or Hemp, be Exported out of the United Kingdom free of all Cuſtoms or Impoſitions whatſoever; After full Reaſoning on the ſaid Clauſe, the Committee are of Opinion. That the adding of the ſaid Clauſe to the Articles of the Treaty of Union is unneceſſary, the Engliſh Duty on Linen being only Sixpence Sterling on the Fourty Engliſh Elns.

And after Debate thereon, a Vote was ſtated, Approve of the ſaid Fourth Report of the Committee, or Alter; and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXVI.

Notwithſtanding what was argued in the Committeee, which I have noted above, and at which I was preſent, having had the Occaſion to make ſeveral of theſe Calculations for the Service of the ſaid Committee: Some Gentlemen in the Par⯑liament inſiſted upon the allowing a Drawback or Bounty Money upon Exportation of Oats; but when the ſame Rea⯑ſons mentioned above, which had been argued in the Com⯑mittee, came to be offered in full Parliament, it was ſo con⯑vincing, that they ſoon acquieſc'd, and ſo it was carryed without, as per the Minute.

The ſubſequent Reports of the Committee mentioned in this Days Minutes, ſeemed only to add the Authority of the Committees Examinations to what had before been offered in Publick, viz. That, after the Union, the Exportation of Linen and Woollen Manufactures would be free, and the ſe⯑veral Manufactures be under no Reſtraint or Regulations, but that either in Tranſporting them to England, or Exporting them to Foreign Parts, all was open and free by the Union.

And this Report of the Committee was a full Proof of what I have all along alledged, viz. That the Common People of Scotland were intolerably impoſed upon, in the Accounts ſpread abroad relating eſpecially to Trade, and in this in par⯑ticular, viz. That the Scots Woollen and Linen Manufacture would be ſubjected to ſeveral Reſtrictions and Regulations in England, which could not be complyed with.

This was grounded upon an Office in England, granted by Patent ſome Years ſince, which was called the Aulnage, which amounted to no more, than putting a Seal and demanding a Fee upon every parcel of Woollen Manufactures brought to London, under pretence of Viewing if they were Marketable—; But this Duty or Fee being a very ſmall Trifle, and the Power of Inſpecting found deficient, it was of no Force at all, and therefore, upon the Committees Examining this, they ſaw no Ground of Objection.

[118] The next Objection was about Exportation, and here it is obſervable, That the Oppoſers of the Union had not only ſuggeſted, but openly printed, and expoſed about the Streets ſuch Abſurdities as theſe, That the Scots Linen would not be admitted into England, but a great Duty would be laid upon it to gratifie the Dutch; That great Duties were to be paid upon both Linen and Woollen Manufactures on their Exportation, and the like. Now it was very happy, that theſe things came to be Conſidered and Examined by a Committee.

For now it was evident,

This Report of the Committee put a great Stop to the Cla⯑mours, that had been ſo loud upon the Article of Trade; and when this Vote was made publick, the People began to ſee they were impoſed upon, and that theſe things in Eng⯑land were miſrepreſented.

MINUTE XXXVII.

Thurſday 12. December 1706.

Prayers Said,

Rolls Called,

Ordered, That a Scurrilous Print, Intituled, Queries to the Preſ⯑byterian Noblemen, Barons, Burgeſſes, Miniſters and Commoners in Scot⯑land, who are for the Scheme of an Incorporating Ʋnion with England, according to the Articles agreed upon by the Commiſſioners of both Nati⯑ons, [119] be Burnt by the Hand of the common Hangman at the Market Croſs of Edinburgh to Morrow, betwixt Eleven and Twelve of the Clock, and the Magiſtrates of Edinburgh appointed to ſee the ſame punctually done.

And Remitted to the Committee of Parliament, to whom the Sixth and Eighth Articles of Union are Remitted, to make Enquiry anent the Printer, Author and In-giver of the ſaid Scurrilous Paper.

A Fifth Report was then brought in from the Committee, to whom the Sixth Article of Union is remitted, & Read in theſe Terms, ‘'The Committee of Parliament appointed for conſidering the Sixth Ar⯑ticle of Union and Propoſals made in Parliament relative thereto, having conſidered the Clauſe under-written, are of Opinion, that it ſhould be added to the Article of Union as follows, Excepting and reſerving the Duties upon Export and Import of ſuch parti⯑cular 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 after ſome Reaſon⯑ing, it was put to the Vote, Approve of the ſaid Fifth Report or not, and it carried Approve.

A Sixth Report brought in from the ſaid Committee was Read in theſe Terms, ‘"The Committee are alſo of Opinion, That there be a Clauſe added to the Articles of Union in theſe Terms, viz. That from and after the Union, no Scots Cattle carried into Eng⯑land, ſhall be lyable to any other Duties, either on the publick or private Accounts, than theſe Duties to which the Cattle of Eng⯑land are or ſhall be lyable, within the ſaid Kingdom.’

And a Vote was ſtated, Approve of the ſaid Sixth Report or not, and it carried Approve.

A Seventh Report was brought in from the ſaid Committee, and was Read in theſe Terms, ‘"The Committee having conſidered the Clauſe mentioned in the Twenty Seventh Days Minutes which was deſired to be added to the Articles of Union, viz. That Scotland ſhall be free from and no ways ſubject to the Prohibitions againſt Exporting of Wooll, Sheep and Lambs Skins with Wooll upon them, and Woollen Yarn, for the ſpace therein mentioned, after full Reaſoning thereanent, The Committee are of Opinion, that the foreſaid Clauſe ought not to added to the Articles of the Treaty, but that the Exporting of Wooll, Sheep and Lambs Skins with Wooll upon them, and Woollen Yarn, ought to be under the ſame Prohibitions as in England.’

And after Reaſoning a ſtate of a Vote was offered, ‘"Approve of the ſaid ſeventh Report of the Committee as to all except Mort Lambs Skins, and Remit to the ſaid Committee to receive Over⯑tures for Encouragement of Wooll Maſters and Woollen Manu⯑factures Yea or Not.’

After ſome Reaſoning, it was propoſed, that a Proemium be given upon Exportation of coarſe Cloth made of Tarr'd Wooll, for en⯑couragement of the Wooll Maſters.

[120] And thereafter a Reſolve was offered in theſe Terms, Reſolved, 'That there ſhall be an Encouragement provided to the Heretors of Wool Countries, in caſe the Report of the Committee anent the Exportation of Wooll &c. be Approven.

And after ſome Reaſoning, a Propoſal was given in for adding a Clauſe in theſe Terms; ‘"And for Remeiding the loſs Wooll maſters may ſuffer, and for Encouraging the Manufacturing of Tarr'd Wooll within the Kingdom, and to prevent effectually the Expor⯑ting thereof, It is provided and declared, That for the ſpace of ſeven years after the Union, when the Tarr'd Wooll within the Shires of Roxburgh, Selkirk and Tweeddale, is at four pound Scots or under for the ſtone Weight, Fifteen ſhilling Scots, ſhall be payed of Proemium for every ſtone Weight of Tarr'd Wooll, to every Wooll-maſter, who within a Moneth after the ſaid Tarr'd Wooll is Clipped or Shorn off the Sheep, ſhall by his own Oath or the Oaths of two habile Witneſſes, before any Judge Ordinar, make appear that the Number of Stones of Tarr'd Wooll ſpecified in the ſaid Oaths were truly and really Clipt and Shorn from Sheep in Scot⯑land, properly belonging to the Perſons mentioned in the ſaid Oaths; and which Proemium ſhall be payed the next Collector of Ceſs, Exciſes or Cuſtoms, upon delivering to them the foreſaid Depoſitions Signed by the Deponents, and Judge foreſaid, with a Receipt of the Money, and the ſaid Collectors and each of them ſhall be perſonally lyable for the ſaid Proemium, upon Inſtruments taken againſt them in caſe of Refuſal, and the foreſaid Depoſiti⯑ons and Receipts ſhall be allowed to the ſaid Collectors as an Ex⯑oneration in their Accompts pro tanto.’

And after ſome further Debate, that the ſaid ſeventh Report be Remmitted back to the Committee, with the ſeveral Propoſals made thereanent, a ſecond ſtate was offered for a Vote in theſe Terms, Ap⯑prove of the ſaid Seventh Report of the Committee, or Remit the ſame and Propoſals thereanent back to the Committee.

After Debate, which of the Two ſhould be the ſtate of the Vote, whether Firſt or Second, it was put to the Vote First or Second, and it carried Firſt.

Thereafter the Vote was put Approve of the Seventh Report of the Committee as to all, except Mort Lambs Skins, and Remit to the ſaid Committee to receive Overtures for Encouragement of the Wooll-maſters and Woollen-manufacture, or Not: And it carried Approve in the Terms of the ſtate.

Petition of John Henry Huguetan and his Factor, craving to be Naturalized, and alſo craving a Protection, Read, and the conſide⯑ration thereof delayed till the firſt Sederunt of Parliament on private Buſineſs to be then taken into conſideration next after the Act in favours of the Burgh of Dundee.

The Committee appointed to meet in the uſual place to morrow at Nine of the Clock.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION XXXVII.

[121]

There was a Clauſe in the Treaty for the reſerving all pri⯑vate Rights, &c. as per the 20th Article; Now ſome of theſe private Rights amounted to Exemption from certain Cuſtoms & Exciſes, as particular Privileges to this or that Place or Perſon, as at Glaſgow for Encouragement of their Sugar-works, they are Ex⯑empted from paying any Exciſe for the Spirits they Diſtill from the Melaſſes, Bottoms, Scummings, &c. and ſo in ſeveral Towns they were Exempted from ſuch and ſuch Cu⯑ſtoms—; Theſe were of neceſſity to be Exempted, becauſe by another Article as above, private Rights on both ſides were to be preſerved.

Now, as this was for Scotland on one hand, ſo it was for England on another, for the City of Carliſle and the Family of Sir Chriſtopher Muſgrave had an ancient Right of taking Toll of all the Cattel which paſſed from Scotland to England, over ſuch Paſſes or Bridges as they had the Lordſhip of, and theſe by private Rights were actually reſerved.

But the Committee having demanded here the taking away the Toll, payed as above, the private Right on the Engliſh ſide ceaſed; So that what ſeem'd ſolid and confirm'd by the Uni⯑on in one part, was yet Invaded and taken away by ano⯑ther—. But to Reconcile this Matter, the Parliament of England Interpoſed, and when ſome People thought they had now brought their Affair to a Head, and that now the Trea⯑ty muſt break, behold, a Medium was found out in England, viz. That the Parliament in England Bought theſe private Rights of the City of Carliſle and of the Family of Sir Chri⯑ſtopher Muſgrave, and giving them an Equivalent for them, they Acquieſced, and all ways were laid open for all manner of Scots or Engliſh Goods to Paſs and Repaſs without any Toll, Stoppage, or Interruption, whether Cattle or Corn, or any other kind of Goods except ſuch as (Scotland being Ex⯑empted from the Taxes of in this Treaty for a Time,) were not to be carried into England during that Limited Time, or if they were carried in, were lyable to the Engliſh Duties as ſoon as they came into England, ſuch as Salt, Coals, Malt, Fiſh Cur'd with Scots Salt, &c. As is more particularly Explained hereafter.

Thus the private Rights in Scotland were preſerved intire, according to the Treaty, and in England alſo, for if they were Invaded by the Treaty, the Subject had ſuch ſatisfaction gi⯑ven him in Money, as that he appeared willing to Reſign thoſe Rights—, as the City of Carliſle for inſtance, who, I think, had Two Thouſand Five Hundred Pound Sterling given them, for parting with the Right of Toll upon Scots Cattle, &c.

[122] In this exact Equality, the Sixth Report of the Commit⯑tee about Scots Cattle, became as it were ſettled; but it was Objected, That the Parliament might hereafter lay on a par⯑ticular Tax upon the Scots Cattle paſſing into England, either in Favours of the Iriſh Cattle, or upon any other ſubſequent Oc⯑caſion which could not be foreſeen; And therefore, the ſend⯑ing Lean Cattle from Scotland into England, being ſuch a conſiderable Article to Scotland, and on which the Eſtates of the Northern Gentry did almoſt wholly depend, all their Rents being paid them in Cattle, for which they had no other Vent or Market but their being ſent into England, and that any Tax or Toll being hereafter laid on them, might intire⯑ly put a ſtop to it, and conſequently Impair, and almoſt Ruine the Eſtates of the Gentry and Nobility of Scotland; On this Conſideration, it was thought fit by the Committee, to ſecure Scotland effectually from ſo much as a Jealouſie or Uneaſineſs about it, by making it a Part of the Union, That From and after the Ʋnion, no Scots Cattle carried into England ſhall be liable to any other Duties either publick or private than the Cattle of England. This was again an Article of Equality, for the Caſe was, not to Exempt the Scots Cattle intirely from any Tax, which the United Parliament might think fit to lay on Cattle in General, if ever the Article of General Ex⯑ciſes ſo much talk'd of in England, ſhould be offered at; but to bring the Scots Cattle upon a Level with all the reſt of the Cattle in England; and to provide that Scots Cattle, Qua Scots Cattle, ſhould be under no particular National Diſad⯑vantage—; And this was thought Reaſonable on every ſide.

The Seventh Report of the Committee requires ſome Ex⯑plication on ſeveral Accounts—, It was true, and no Que⯑ſtion was to be made of it, That Scotland having then an open Trade with France without Reſtriction, and that their Wooll was under no Prohibition at all, but freely Exported to France, or any other Part of the World, and that this Li⯑berty being by the Union to be abſolutely and intirely Re⯑ſtrained, the Prices of Wooll in Scotland would of courſe very much Fall, and the Gentlemen of the South and Weſt Parts of Scotland, ſuch as in Roxburgh Shire, Selkirk, Tweed⯑dale, and Galloway, whoſe Eſtates very much conſiſted in the Product of their Sheep, would receive a very ſenſible Blow by it; Tho' it was remarkable that ſome People was for gi⯑ving all Britain a worſe Blow, to prevent the Injury done to thoſe Countries, viz. To allow Exporting the Wooll, and ſome Warm Debates were upon this Head.

To Explain this, it was to be Enquired into, under what kind of Influence, and by whoſe Management the Trade of Scotland was at firſt laid open, and the Exporting of Wooll permitted in General; This as it produc'd no Effect, but the ripping up old Sores, and reviving Perſonal and Party Re⯑flections, [123] I ſhall let Fall. But this was certain, That whoever were the the Occaſion of it, the Shipping off the Wooll from Scotland, was very Injurious to the publick Advantage of Scotland, a Mortal Wound given to the Induſtry of the Peo⯑ple, diſcouraging all Attempts of Manufacturing among them, which they were now coming into, and which their Neigh⯑bours of England had ſo much been Enriched by: It was ap⯑parent, That the ſmall Exportation they formerly had of coarſe Woollen Manufactures to Swedeland and the Baltick, was now almoſt brought to a full Stop, and the Swedes on the con⯑trary took their Wooll from Scotland, which they had not been uſed to do, by which it was apparent, they having the Wooll, made the Manufactures themſelves, and this was a dead Loſs to Scotland, juſt ſo much as the Employment and Labour of their Poor amounted to.

From this part of National ill Husbandry, no Body could be ſuppoſed to receive any Benefit, except the Exporter and the Wooll Maſter, ſo they call the Gentlemen of Galloway, Roxburgh Shire, &c. whoſe Eſtates are very much depend⯑ing upon Sheep.

This being the Occaſion of the Riſing the Prices of their Wooll, and their Advantage being thus begun in the Error and Injury of their Country, it ſeemed to be no National Affair to make good the Loſs that was ſuppoſed now to hap⯑pen by the Union; which was indeed but reducing Things to where they were before, and taking away that Advantage, which, if the Eyes of their Repreſentatives in former Par⯑liaments had been open, they had never had, and which it was the great Loſs of the whole Kingdom, that they ever had at all.

However the Parliament, who, going upon the great Scheme of Equalities ſo often mentioned, appeared willing to make all People eaſy; were ready and forward enough to have an Allowance by way of Equivalent given to the Gentlemen that were Sheep Maſters, and who ſhould be pinched by the falling of the price of their Wooll; but then it was debated, in what manner that Equivalent ſhould be given, for, to give to particular Perſons ſuch and ſuch a Sum of Money, would ſeem partial, and be ſhort of the Deſign; as it would be ſome Perſonal Satisfaction indeed, but no National Satisfaction: The Money given therefore ought to be for the Publick Good; and this could be by no Method ſo exactly ſtated to the Circumſtance, as by appropriating the Money to ſuch Gentlemen, who being Wooll Maſters, would apply that Money to the Manufacturing that Wooll in their own Country; thereby both encreaſing the Conſump⯑tion of the Wooll, and ſetting the Poor of their reſpective Countries to Work—; This Scheme had too much Equi⯑ty in it, and too much of the Publick Good in it to be diſ⯑liked, [124] nor did thoſe that oppoſed it pretend to object much againſt the Reaſonableneſs of it, but ſtill it was oppoſed, and the Reaſons for which it was oppoſed were manifeſt.

The Party, who, as I have all along noted, ſought ſome Occaſion or other to break off the Treaty, had now this Me⯑thod only left, viz. To clog the Affair with ſuch Amendments or Alterations, which they knew England either would not or could not grant—; Nor did they ſtick in Converſati⯑on honeſtly to owne, That they did not diſlike the Reaſons of ſeveral Things that they oppoſed, were they conſenting to the Union in general, but they were againſt the ƲNION, and therefore they were obliged to oppoſe the Particulars, in order to oppoſe the General.

Theſe Gentlemen therefore very warmly argued for a Free⯑dom of Exportation of Wooll, and for having it made a Clauſe in the Articles; which, if they had gain'd, they eaſily fore⯑ſaw the Union muſt ſplit upon that Rock, for that England, who have made it Felony, and always prohibited the Export of their Wooll under the greateſt Penalties, neither would or indeed could come into it.

It was urged, this Liberty of Exporting Wooll might be reſtrained to Scotland only; That it was abſolutely neceſſary to Scotland, for that they could not Manufacture all their Wooll in their own Country; That their Wool was Coarſe, and did not injure the Engliſh Trade, ſince all their Manu⯑factures were of Fine Wooll; That, if Scotland could not Manufacture their Wooll, nor ſhould be ſuffered to Export it, the Wooll would be of no Uſe, but muſt periſh, and be good for nothing; That the Manufactures now ſet up in Scot⯑land, being chiefly Fine Goods, were generally made of Eng⯑liſh Wooll, and after the Union, the Wooll from England be⯑ing generally brought in thither, the Wooll of Scotland would be of no manner of Value.

But theſe Arguments were Anſwered thus, That, to allow the Exportation of Wooll from Scotland only, would oblige the Government to keep ſtill on the Borders, an Army of Offi⯑cers, to Search and Examine the Paſſage of all Goods paſſing between the Kingdoms, and keep up that Diſtinction of King⯑doms, which, as to Trade, as well as Government, was to be wholly taken away by the Union—; That, after all, it would be impoſſible to prevent the carrying of Wooll into Scotland, and conſequently the Exportation of Engliſh Wooll with, or inſtead of Scots Wooll.

In the next place, this would oblige the Government of Britain to a ſtrict Prohibition of the bringing any Engliſh Wooll into Scotland after the Union, leſt the ſame ſhould be Exported, which, after its being in Scotland, could not be ſo diſtinguiſh'd as to be prevented; and that this Prohibition would Rob Scotland of all that Advantage which it is propo⯑ſed [125] ſhe ſhall enjoy after the Union, by her People being im⯑ployed in the Manufacturing of Engliſh Wooll.

Again, That this would deſtroy all Freedom of Commerce and Communication of Trade between the Kingdoms, that all Veſſels to and from Scotland muſt be Viſited and Searched equally with Strangers, and the Face of an Union be ruffled with continued Jealouſies of, and Watchings againſt Clande⯑ſtine Trade.

Laſtly, That it was inconſiſtent with the Publick Good of Scotland in its Proportion, as much as of England, and that it would effectually deſtroy the Hopes of Scotlands Encreaſing in Manufactures, and Encouraging her Trade by the Imploy⯑ment of her Poor.

As to the Conſumption, it was urged, That England was always a Market for Wooll, where it might be ſold without fail, at ſome Price or other; and if the Price was low juſt then, that was but a common Calamity the Effect of the long War with France and Spain, in which they had ſtill a Share with their Neighbours, but that the Wooll of Scotland would always ſell as well as the Wooll of England, in Proportion to its Fineneſs; And this led of Courſe to the firſt Propo⯑ſal, That what Encouragement was poſſible to be given to the Wooll Maſters by the Treaty, ſhould be given them on the Conditions of ſetting the Poor to Work in their reſ⯑pective Countries, which, in that Caſe, would have this double Advantage, 1. The Employment and Subſiſtence of the Poor; and, 2. The Conſumption of the Wooll at Home, which directly took off the pretended Neceſſity of Exporting it to other Countries, for want of a Vent of it at Home, or their ſending it to England to be ſold, as they cal⯑led it, for little or nothing: How well this Money was paid after the Union, or when paid, how well applyed to the Common Good of Scotland, is none of my Buſineſs here to enquire.

I have been the longer in ſtating this Caſe, becauſe it has been often objected to the Scots Members of Parlia⯑ment, That they were too Forward to comply with the Prohibition of Wooll, and that their Country loſt a great Advantage by it.

There was a pretended Expedient then offered, about the manner of Diſpoſing the Equivalent to ſuch Perſons, as had ſuch or ſuch certain Quantities of Tarr'd Wooll; but the Reaſonableneſs of the above Propoſal prevailed againſt any other, and therefore it needs not be enquir⯑ed into.

MINUTE XXXVIII.

[126]
Monday 16. December 1706.

Prayers Said,

Rolls Called,

Addreſs of Barons, Freeholders, and others within the Shire of Berwick, Subſcribers of the ſame, againſt an Union with England in the Terms of the Articles, given in and read.

A Scurrilous Print aſſerting the Dependency of the Crown and Kingdom of Scotland upon the Crown and Kingdom of England brought in, and ſeveral Paragraphs thereof being read,

Ordered, That the ſaid Scurrilous Print be Burned by the Hand of the common Hangman, at the Mercat Croſs of Edinburgh to Mor⯑row, betwixt Eleven and Twelve of the Clock, and the Magiſtrates of Edinburgh appointed to ſee the ſame punctually done.

An Eighth Report from the Committee, to whom the Sixth Ar⯑ticle of Union was Remitted, brought in and read in theſe Terms, viz. The Committee of Parliament, to whom the Sixth Article of the Treaty was Remitted, having Conſidered the Remit to them, with the Books of Rates both for Scotland and England, and the ſeveral Acts of Parliament relating thereto, the Schemes or Abſtracts from the Cuſtom-Houſe Books given in to them from the Council of Trade, and the Report thereanent of their Sub-Committee, who, on a Report from them, had compar⯑ed the Cuſtoms and Duties on Export and Import ſettled in England with theſe ſettled in Scotland, and had calculated the Duties payable in Scot⯑land upon Tarr, Tobacco, Iron, Dails, ſingle and double Trees, Lint and Lintſeed, and compared the ſame with the Duties payable upon the ſame Goods in England, at a Medium of the Three Years, whereof they had the ſaid Abſtracts from the Cuſtom-Houſe Books: They find, That, as to the Cuſtoms and Duties on Export and Import in general, the Cu⯑ſtoms in Scotland belong to the Crown, and are perpetual, whereas thoſe in England terminate at a certain Number of Years, viz. About Two Fifteen Parts thereof at 8th March 1709 Years, Nine Fifteen Parts thereof at 1ſt. Auguſt 1710, about Three Fifteen Parts thereof continue only during Her Majeſties Life, and about One Fifteen Part thereof for Ninety Five Years; And that the Duties upon Exportation, which were granted 12o Car. 2. Cap. 4. are eaſie, have never been augmented, ſave upon a very few particulars, and terminate the firſt of Auguſt 1710; That theſe Goods which contribute to Luxury, and thoſe that are Manu⯑factured, or can be had within the Iſland, are thoſe that pay high Duties when Imported, but that the whole, or moſt of the Cuſtoms and Duties paid at Importation, are drawn back upon Exportation, if Exported within a certain time, except a Moiety of Old Subſidy which is very ſmall, and which is Impoſed by the foreſaid Act 12o Car. 2. Cap. 4. and termi⯑nates the firſt of Auguſt 1710; That the Duties upon the before-men⯑tioned Goods, at the above Medium payable in Scotland, by the neareſt [127] Calculation can be made, amounts to 253184 l. 15 ſh. 7 d. and now payable in England to 413559 l. 8 ſh. 4 d. and payable in England af⯑ter 1710 to 129640 l. 9 ſh. 8 d. Scots, and the Duties upon our Linen Cloath and Cattel Imported into England, by the above Medium, a⯑mounts to 272629 l. 3 ſh. 10 d. Money foreſaid: So that it is the Opinion of the Committee, The Duties after 1710 will be much eaſier than now they are, and even, as they ſtand now payable in England, conſidering the Duties that are upon Scots Goods Imported into England, and taken off by the Treaty, the Cuſtoms of Scotland, taken together even before the firſt of Auguſt 1710, will be eaſier than now they are.

And after ſome Reaſoning thereon a ſtate of a Vote was offered, Approve of the Sixth Article of Ʋnion as Explained and Enlarged, or Not.

But it being moved, That the Vote could not be ſtated in theſe Terms, in reſpect what concerned the African Company fell under the ſaid Sixth Article, which was to be conſidered.

Whereupon it was agreed, That what concerns the African Com⯑pany ſhall be intire, and be taken into Conſideration under the Fifteenth Article, and that the Approving of the Sixth Article ſhall not be prejudicial thereto.

And the above ſtate for a Vote being again propoſed, after ſome Debate, it was moved, That the ſaid Article ſhould be further Amended; And thereupon a ſecond ſtate of a Vote was offered in theſe Terms, Approve or Amend.

Whereupon the ſaid ſixth Article, with the ſeveral Additions, En⯑largements and Explanations after-mentioned contained in ſeveral former Minutes, viz. The Word Drawback to be inſert in both Clauſes of the ſaid Article. Item, And ſeing by the Laws of Eng⯑land, notwithſtanding there are Rewards granted upon Exportation of certain kinds of Grain, wherein Oats Grinded or Ungrinded, are not ſpecified, that from and after the Union, when Oats ſhall be at Fif⯑teen Shillings Sterling per Quarter, or under, there ſhall be paid Two Shillings and Six Pence Sterling for every Quarter of the Oat Meal Exported in the Terms of the Law, whereby, and ſo long as Rewards are granted for Exportation of other Grains, and that the Bear of Scotland have the ſame Rewards as Barley. Item, And in reſpect the Importation of Victual into Scotland from any part beyond Sea, would prove a Diſcouragement to Tillage, Therefore, That the Prohibitions 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 Parlia⯑ment of Great-Britain, for diſcouraging the Importation of the ſaid Victual from beyond Sea. Item, 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 intire to them in all reſpects as before the ſame. Item, That, from and after the Union, no Scots Cattel carried into [128] England, ſhall be lyable to any other Duties, either on the publick or private Accounts than theſe Duties, to which the Cattel of England are, or ſhall be lyable within the ſaid Kingdom, being all read over, it was put to the Vote, whether the firſt or ſecond ſhould be the ſtate of the Vote, and it carried, Firſt.

Then the Vote was put, Approve of the ſaid ſixth Article En⯑larged and Explained, or not; And it carried Approve.

Draught of an Act for Additional Proemiums on Exportation of Victual, to commence the firſt of February, and to end the laſt of April both next to come, again read, and a firſt reading ordered to be marked thereon.

The Eighth Article of Union read, and the firſt Clauſe or Para⯑graph thereof was alſo again read.

Whereupon a Report brought in from the Committee, to whom the ſaid Eighth Article is remitted, was read in theſe Terms, The Committee, to whom the Eighth Article of Ʋnion anent Duties upon Salt was remitted, are of Opinion, That, after the firſt Clauſe of the ſaid Article, an Explanation in the Terms following will be neceſſary.

But, in regard the Duties of great Quantities of Foreign Salt Im⯑ported may be very heavy upon the Merchants Importers; That there⯑fore all Foreign Salt Imported ſhall be Cellar'd and Lock'd up under the Cuſtody of the Merchant Importer, and Officers imployed for Levying the Duties upon Salt; And that the Merchant may have what Quantities thereof his Occaſion may require, Not under a Wey, or Fourty Buſhel at a time, giving ſecurity for the Duty of what Quantity he receives, pay⯑able in ſix Months.

And after ſome Reaſoning thereon, the further Conſideration of the ſaid Eighth Article and Report was delayed till the next Sede⯑runt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXVIII.

The long Report of the Committee, on this Point of the Cuſtoms is very diſtinct, but may require ſome Explanation, and in order to that, it is neceſſary to enter into the ſhort Hiſtory of the Reaſon of this Calculation.

Two great Complaints ran through the whole Nation up⯑on the Subject of Taxes and Trade, 1. That the Engliſh clog'd the Trade of Scotland with Intolerable Burdens: And 2. That they raiſed their Cuſtoms, and would Gain great Sums of Money from Scotland by doing ſo; For the Scots had no Notion of the Equivalent, nor would they for along time after this, entertain any Notion of it.

In order to clear up the Objections of the People againſt the Cuſtoms, the particular Heads were referred to this Com⯑mittee to Examine.

[129] The firſt, were the Duties on Import, which the Com⯑mittee obſerved very well in England, is always laid higheſt on ſuch Goods as contribute to Luxury, or are Manufactured within the Iſland, the firſt Eſteem'd leſs neceſſary, ſuch as Wine, Brandy, Foreign Linen, Fruit, Druggs, Eaſt India Goods, Coffee, Tea, Sugars, Tobacco, Deals, Timber, &c. Things we might live without, or might ſupply in part at Home; or being willing to have, and being Generally uſed by the Richer ſort of People, the payments are leſs felt. The ſecond, For the Encouragement of our own Poor, who ought upon all occaſions to be Employed; and if any thing which comes from Abroad can be made at Home, that Home⯑part ought to be Encouraged, by laying high Duties and Impoſts, or perhaps Prohibitions on the like from Abroad, ſuch are the Prohibitions of or high Duties, on wrought Silks, Woollen Manufactures, Bone Lace, Braſil Sugar, wrought Iron, Hats, Glaſs, Printed Callicoes, Pantiles, Earthen Ware, &c.

It was now Objected in Scotland, That the Cuſtoms there would be very grievous, that the Engliſh Duties on Tar, Tobacco, Iron, Deals, and Timber, Lint and Lint-Seed, would be Intolerable to the Poor, and raiſe the Cuſtoms of Scotland to a very great Height.

The Committee Examined the Proportions of Things, and ſetting the whole upon an Equality, produc'd a very well grounded Concluſion, That the Cuſtoms of Scotland would be leſs to be paid after the Union than before; and it gave great ſatisfaction at that time, to thoſe People who were capable of receiving Impreſſions from juſt Calculations, when the Calculations of this Committee really ſtated the Ballance of Trade, for that was eaſie to Draw out of theſe Calculations: It had been offered in the Parliament, (with how little Foun⯑dation, or how much Aſſurance, I ſhall not determine); (1.) That Scotland got nothing by the Engliſh Trade. (2.) That Scotland were conſiderable Gainers by the French Trade.

I ſhall not Cenſure the People that offered this, as Aim⯑ing at a French Union, not an Engliſh; for they did not ſtick to owne that, but it is not to the purpoſe here—; I ſhall only conſider the State of the Trade of either King⯑dom, as it ſtood at this Time, and as it was ſtated to the Parliament.

The Trade to France ſtood thus,

[130] The ſeveral Quantities of theſe, however Uncertain, as the Trade Increaſed or Decreaſed, had nevertheleſs this Ge⯑neral Proportion, That the Wine and Brandy Imported into Scotland, did over and above Ballance all the Export out of Scotland to France, by above one half Part, the Conſequence of which, was, That the French Trade muſt draw away ready Money from Scotland for the other Half, beſides all the other Imports from thence, over and above this Conſidera⯑tion, That all the Import from France, was meer Luxury and unneceſſary Conſumption.

As to the ſtate of the Trade between Scotland and England, it ſtood Thus,

Note, The Tobaccos and Sugars after the Union may, and 'tis not queſtioned, will be Imported into Scotland from the Britiſh Plantations, in Return for the Growth and Pro⯑duce of their own Countrey; So that the whole Trade to England after the Union, would turn to the Intereſt and Ad⯑vantage of Scotland.

Nor can I omit to add the Experiment of this, to prove, That theſe Calculations were not Suppoſitions and Remote, ſince in the very firſt year after the Union, theſe Conſequen⯑ces in Trade viſibly appeared, and which of my own cer⯑tain Knowledge, I can take the Freedom to Advance.

If any Man pleaſes to calculate theſe things, and ſee the Advantages of theſe Foreign Trades, and particular of the Eng⯑liſh, and the Return of Money that muſt, by Conſequence be made to Scotland Annually by ſuch a Trade; and again, how little of any kind of Goods Scotland takes from England in the Room of it, except what they took from Holland before; the Suppoſition of the Compariſon between the Engliſh Trade and the French Trade, as to an Advantage to Scotland, muſt fall to the Ground, and the true State of the Ballance muſt have been ſomething like, if not exactly thus,

[132] And yet this is no Loſs to England either, ſince the Iſland being now made but one Kingdom, this Wealth, while it goes but to Scotland, circulates in her own Bounds, and, ſpeaking of Britain, is all contained and preſerved within her ſelf.

MINUTE XXXIX.

Tueſday 17. December 1706.

Prayers Said,

Rolls Called,

The firſt Clauſe or Paragraph of the Eighth Article of Union a⯑gain read, with the Report of the Committee, in relation thereto, for Explanation of the ſame, inſert in the former Days Minutes.

And after Reaſoning thereupon, The Vote was ſtated, Approve of the ſaid firſt Paragraph, with the Report of the Committee for Expla⯑nation of the ſame, yea or not:

And before Voting, the ſaid Paragraph, and Report of the Com⯑mittee for Explanation of the ſame, were again read.

Then the Vote was put, Approve or Not, and it carried Approve.

Then that Clauſe of the ſaid Eighth Article of Union, anent the Salting of the Fleſh for Exportation, or Victualling of Ships read; as alſo a Report of the Committee relative thereto, for altering the ſame, which, after ſome Reaſoning, was amended, and again read in theſe Terms, And for Eſtabliſhing an Equality in Trade, That all Fleſhes Exported from Scotland to England, and put on Board in Scot⯑land 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 imployed, as the like Quantity of ſuch Salt pays in England, and under the ſame Penalties, Forfei⯑tures and Proviſions, for preventing of Frauds, mentioned in the Eng⯑liſh Laws.

And after further Reaſoning thereon, it was put to the Vote, Approve of the Report as amended or not, and it carried Approve.

Then the following Clauſe of the ſaid Eighth Article of Union, in relation to the continuing in Force the Laws and Acts of Par⯑liament in Scotland for Pining, Curing and Packing of Herrings, White Fiſh, and Salmond, for Exportation, with Foreign Salt on⯑ly, and for preventing of Frauds in Curing and Packing of Fiſh, was read; as alſo a Report brought in from the Committee for adding a Clauſe thereto in theſe Terms, But in reſpect it appears from the Books of the Royal Fiſherie Company, confirmed by Practice, That the Quantity of 102 1088/1200 of Pound Weight Aver de Pois of Foreign Salt, which pays Eight Shillings and Four Pence of Duty, is neceſſary for the right Curing and Packing a Barrel of White Herrings, Therefore there ſhall be allowed and paid, during the preſent Allowances for other Fiſhes, [133] for every Barrel of White Herrings which ſhall be Exported, Ten Shil⯑lings Sterling.

Thereafter a Petition of the Salt Owners, Fiſhers of Herring and White Fiſh, and others who make uſe of Scots Salt, was given in, craving, That ſuch Amendments might be made to the ſaid Eighth Article of Union, as would put them in an equal Footing with their Neighbours in England, with regard to their Salt, and alſo the Freedom of making Salt upon Salt.

Which being read, after ſome Debate thereon, and upon the above laſt inſert Report of the Committee, the further Conſiderati⯑on thereof was delayed till the next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXIX.

The Report of the Committee on the firſt Paragraph of the Eighth Article is printed in the precedent Minute relating to the Duties on Salt—; The payment of equal Duties on Foreign Salt was not objected, but it was argued, That the Scots Merchants being poor, and being nevertheleſs obliged to Import large Quantities of Foreign Salt at the proper Times, which muſt ly by till the Seaſon for uſing the ſame, and the Duties being now very large which were to be paid; they might not be able either to advance the Money, or find ſufficient Security for the Duties, as the Law in that Caſe pro⯑vided—; And therefore this Amendment was made for the Eaſe of the Merchant, which was both Reaſonable to the Government, and Eaſy to the Merchant, and took off all pretence of Quarrel upon the Disburſe of Money, or lying out of Stock.

The ſecond Report upon the Eight Article was founded upon equal Reaſoning: It had been agreed in England in the ſaid Eighth Article, That all Fleſh Salted in Scotland, and carryed to England, or Fleſh Salted in Scotland for Victualling Ships or Exportation; ſhould be Forfeited, if Cured with Scots Salt—; But this was counted a Hardſhip on ſeveral Ac⯑counts, and England being allowed to Cure all ſorts of Fleſh with their own, whether for their own Conſumption, Victual⯑ling of Ships or Exportation; it ought to be alſo allowed to Scotland, by virtue of the Subjects enjoying equal Allowances and Reſtrictions, Article VI. Wherefore the Committee made this Amendment, That the Scots might Cure Fleſh with their own Salt, provided all Fleſh ſo Cured, that was either ſent for England, or uſed in Victualling Ships, or Exported for Sale, ſhould be charged with the Duty on Salt paid in England,

The Third Report upon the Eighth Article concerned the Laws in Force in Scotland for Curing and Packing of Herring, White Fiſh and Salmond, which, by this Article, were re⯑ſerved; Theſe Laws were the 5th. Act 3d. Seſſion 1ſt. Parliament, [134] King William & Queen Mary, Appointing all Herrings & Salmond for Export be Made, Pined and Cured with French Bay, or Spa⯑niſh Salt, or with Salt upon Salt made of Foreign Salt; The 24th. Act 7th. Seſſion of the ſame Parliament, Confirming the ſame, and Directing the Proof of it, with a Confirmation of the 34th. Act of 2d. Seſſion of the ſame Parliament, for Draw-backs on Herrings and Salmond Exported.

But, upon this new Treaty, reſpecting the Engliſh Duty on Salt, it was calculated as you ſee in the Minute, That the Salt commonly uſed in Curing a Barrel of Herring, amounted to about Nine Shillings per Barrel; And in regard of the Waſting of the Salt, Loſs in carrying, &c. they re⯑ſolved to put it at Ten Shillings per Barrel, which fully An⯑ſwered the Petition of the Fiſh and Salt Merchants mentioned in the ſame Minute.

MINUTE XL.

Wedneſday 18. December 1706.

Prayers Said,

Rolls Called,

Addreſs of the Town and Parochin of Lawder and Chainhilkirk Subſcribing the ſame, and Addreſs of Heretors, Liferenters, Elders, Parochioners and remanent Indwellers in the Paroch of Calder, Sub⯑ſcribers of the ſame, both againſt an Union with England in the Terms of the Articles, given in and Read.

Thereafter another Report brought in from the Committee, to whom the Eighth Article of Union is Remitted, was Read in theſe Terms, That White Herrings, Red Herring, Salmond, Dry or Bar⯑relled Cod, and all Fiſhes Cured or Packed in order to Exportation, ought to be Cured and Packed with Foreign Salt allennarly, and that it does require Four Bolls of Foreign Salt to Cure and Pack a Laſt of White Her⯑rings.

And after much Debate thereupon, a Motion was made for amend⯑ing that Clauſe of the ſaid Eighth Article of Union mentioned in the former Days Minutes, in relation to the continuing in Force the Laws and Acts of Parliament in Scotland for Pining, Curing and Packing of Herrings, White Fiſh and Salmond for Exportation with Fo⯑reign Salt only, by adding theſe Words thereto, without any Mixture of Britiſh or Iriſh Salt.

And the Addition being accordingly made, the Clauſe, as ſo amended was Read over.

And after ſome further Debate, the Vote was put, Approve the ſaid Clauſe as amended, Yea or Not, and it carried Approve.

Thereafter it was propoſed, That the Parliament ſhould proceed to conſider the Drawbacks.

[135] And it was alſo propoſed, That the Parliament ſhould proceed to conſider, how far Allowance ſhould be given for Importation of Foreign Salt, in order to the making Salt upon Salt, the further Con⯑ſideration whereof was delayed till the next Sederunt of Parlia⯑ment.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XL.

The Report of the Committee laſt day was now only Conſidered, with Relation to the main part of the Queſtion, Whether their Fiſh ſhould be Cured with Foreign Salt only, or not, and it was agreed, it ſhould be ſo.

It was counted a very great Hardſhip, That the Fiſh Cured in Scotland, ſhould not be Cured but with Foreign Salt; ſome People alledging, That the Salt made in Scotland would Cure the Herring as well as Foreign Salt—; But it had been found by Experience, That the Fiſh Cured with Scots Salt, did not keep, nor was it equal in Goodneſs when it came to Market, which added to the Diſputes which would ariſe in the Article of the Drawbacks, now coming on to be Debated, made the Parliament poſitive in that part, viz: That all Fiſh Cured for Exportation, ſhould be Cured with Foreign Salt, without any Mixture of Britiſh Salt.

In giving Drawbacks and Allowances for the Exportati⯑on of Fiſh, on Account of the Salt, it had here been impoſ⯑ſible to come to an Equality, ſince no Officer could have been ſure which had been Cur'd with Britiſh Salt, and which with Foreign Salt, and which with a Mixture of either.

It was then alledged, That the Dutch Importing their Salt from St. Ʋbies, Re-make the Salt, Boyling it again when they come to Holland, which they call Salt upon Salt, and that their Herring are Cur'd with the ſaid Salt, which being of a finer and ſubtiler Quality than the other Salt, is of Ad⯑vantage to their ſaid Trade; and that the aforeſaid Encourage⯑ment ſhould be given to the Scots to do the ſame—; But this came to nothing.

MINUTE XLI.

Thurſday 19. December 1706.

Prayers ſaid,

Rolls Called,

Thereafter the laſt Clauſe of the Eighth Article of Union, in re⯑lation to the allowing of Proemiums and Draw-backs was read, as [136] alſo a Report brought in from the Committee to whom the ſaid Eighth Article was remitted inſert in the Minutes of the 17th in⯑ſtant, Number 39. in theſe Terms; But in reſpect it appears from the Books of the Royal Fiſherie Company confirmed by Practice, that the Quantity of 102 1058/1200 of pound weight Aver de Pois of Foreign Salt, which pays eight Shillings and four pence of Duty, is neceſſary for the right Curing and Packing a Barrel of White-Herrings; Therefore, there ſhall be paid during the preſent Allowances for other Fiſhes, for every Barrel of White Herrings which ſhall be Exported, ten Shillings Ster⯑ling.

And another Report brought in from the ſaid Committee was alſo read, in theſe Terms, That ſixteen Shillings and eight Pence upon every Barrel of Salmond, ſix Shilling and eight Pence upon every Barrel of Red-Herrings, that two Pound ten Shillings upon every hundred Cod⯑fiſh, Ling, or Haick, of twenty four Inches and upwards, from the Bone in the Finn to the third Joynt of the Tail; one Pound fifteen Shillings Sterling for every ſuch Fiſh of the length of eighteen Inches and up⯑wards, and under twenty four Inches, and one Moiety of the foreſaid Allowance for every ſuch Fiſh dryed, commonly called Haverdens, of the like Dimenſions (being the Drawbacks allowed by the Engliſh Laws upon the Exportation of theſe Fiſhes) are ſufficient Encouragements.

And after Reaſoning on the above ſeveral Reports, it being moved a higher Drawback ſhould be allowed upon the Exportati⯑on of White Herring;

After ſome Debate thereon, the ſaid laſt Clauſe of the Eighth Article of Union was agreed to with this Addition, That there ſhall be allowed and paid to the Subjects Inhabitants of Great-Britain, du⯑ring the preſent Allowances for other Fiſhes, for every Barrel of White Herrings which ſhall be Exported from Scotland, ten Shillings and five Pence ſterling.

Thereafter another Report brought in from the ſaid Committee was likewiſe read, in theſe Terms; That there ought to be no Draw⯑back upon the Exportation of ſalted Beef and Pork; And after Debate thereupon, the further Conſideration thereof was delayed till the next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLI.

The Difficulty now lay about ſettling the Drawbacks upon the Exportation of Fiſh—; and the Rule the Committee had gone upon, ſeemed the readieſt way to Determine it, viz. They laid the Engliſh Drawbacks before them, and Exa⯑mined then the Quantity of Salt uſed in Curing every re⯑ſpective kind of Fiſh, and then comparing the whole, tryed whether the Drawback allowed was adequate, and proporti⯑oned to the Duty paid upon the Quantity of Salt uſed in the Curing.

[137] Now, tho' this was Exactly Calculated, and preſented to the Houſe, yet ſeveral Motions and Speeches were made for a larger Drawback, ſome alledged the neceſſity of Encou⯑raging the Fiſhery in Scotland, and that therefore the Govern⯑ment ought to make larger Allowances; but when they ſaw that whatever the Allowance ſhould be which they ſhould obtain, the Engliſh would obtain the ſame, they dropt that part of the Argument.

The Herrings indeed they had longer Debates about, and after ſome Reaſonings upon the Waſte of the Salt, the Car⯑riage and other Pretences, They obtained the Allowance of Ten Shillings and Five Pence to be paid to the Exporter, for every Barrel of Herrings Cured with Foreign Salt and Ex⯑ported, which was Five Pence per Barrel more than the Com⯑mittee had at firſt Determined.

MINUTE XLII.

Friday 20. December 1706.

Prayers ſaid,

Rolls Called,

Then the Debate mentioned in the Minutes of the laſt Sederunt, in relation to the allowing of Drawbacks upon the Exportation of Beef and Pork was reſumed; and after ſome further Debate there⯑upon, the Vote was ſtated, Approve of the Report of the Committee, or Alter.

And before Voting, it was agreed, That the Members Votes ſhall be marked, and that the Liſt of their Names as they ſhall Vote, ſhall be Printed and Recorded.

Then the Vote was put, Approve or Alter, and it carried Alter.

Thereafter moved, That the Parliament now proceed to the Con⯑ſideration of what Drawbacks ſhall be allowed upon the Exporta⯑tion of Beef and Pork.

Moved alſo, that the Conſideration thereof be delayed till the next Sederunt of Parliament. And after ſome Reaſoning,

Agreed, That the Conſideration of what Drawbacks ſhall be al⯑lowed upon Exportation of Beef and Pork be delayed till next Se⯑derunt of Parliament.

OBSERVATION XLII.

The Drawbacks propoſed upon Beef and Pork to be Ex⯑ported, were now the Subject of Debate, it had been Examined in the Committee, and they finding, That 1. The Engliſh had no Allowance made them on Beef and Pork Cured for Exporta⯑tion. [138] And 2. That the Quantity of Beef and Pork ſo ſalted, and Exported out of England, or out of Scotland, was very inconſiderable, had Reported, That there ought to be no Drawbacks upon the Exportation of ſalted Beef and Pork, as in the Minute of December 19th.

But when this came to be Debated in the Parliament, it was all Unravelled again; Some Gentlemen would have it, That Scotland was able to Export great Quantities of Beef, Salted and Cured to Foreign Parts; Nay, ſome had before carried it further, and in their Arguing for a Trade with France, had advanced what had never before been heard of, viz. That Scotland ſhould ſupply France with Beef, as they have formerly been ſupplyed from Ireland, and propoſed In⯑finite Advantages from ſuch a Trade—.

But theſe Gentlemen were ſoon ſilenced, when it was Ex⯑amined a little, upon what Conditions, and in what Quanti⯑ties Ireland was able to ſupply, and did ſupply, not France and our Iſland Colonies only, but were able to ſupply all the Parts of the World, where Beef was Generally Exported—; That at that time Beef in any Quantity was to be bought, ready Cured in Ireland, including the Salt and the Cask it was Packed in, at a Half-penny ſterling per Pound, and that England was ſo convinc'd of this, that they could Export no Fleſh, but ſent their Ships Generally to Ireland, to Load Beef for their Iſlands, and that France upon all Occaſions, got their Beef, if poſſible, from Ireland, for the Victualling their Navys and Merchant Ships—. Again, that the Cattel in Ireland were Larger and Fatter than in Scotland, and their Quantity ſo great, that England was obliged to Prohibit their being brought over thither, otherwiſe they would Over run the three Kingdoms with the Quantity; and that Scotland having leſs Quantity of Feeding Grounds, and their Cattel being Generally Leſſer, it was not poſſible that they could ſupply the Quantity of Beef, or any thing near the Price with the Iriſh; and that therefore, it could not be ſuppoſed, the Exportation of Beef from Scotland could be conſiderable, any more than from England; and on this Foot it was that the Committee made their Report, That it was not needful to allow any Drawback upon the Exportation of Beef, England at the ſame Time having no Allowances granted in the ſame Caſe.

But a new Objection turned the Scale—, It was offered by ſome, That in the North Eaſt Parts of Scotland, viz. At Aberdeen and the Country adjacent, there was a New and very Advantageous Trade, lately Erected for Feeding Swine, which being made Fat with Corn in great Quantities (& that being a Conſumption of the Produce of the Land) the Fleſh was Cured and Salted, Barrelled and Exported to Holland for Sale—; And that this was a Trade which ought to be Encouraged. It was added, That this as it was an [139] Advantageous Trade to Scotland, ſo it was a Growing Trade, and might in Time increaſe to a very great Degree, the Dutch Demanding every year more Quantities than the Country had been yet able to ſupply, that there had been ſeveral years Exported from 1500 to 2000 Barrels of ſalted Pork—from Scotland to Holland, the Dutch uſing the ſame for Victualling their Eaſt India Ships, and other Ships that went upon long Voyages.

This had ſome appearance of Argument in it, and being puſh'd very heartily at, in behalf of the Aberdeen Merchants; brought the Parliament to alter the Report, and agree to an Allowance upon the Exportation of Pork, and afterward of Beef and Pork, the Beef being brought in by the by.

It had been ſaid, as above, That the Iriſh Beef was Exported Cheaper than Scotland could afford it—; It was therefore Argued, That Scotland ought to have the Drawback allowed on their Beef, to encourage the Exportation, and if poſſible, to ſet them upon an equal Foot with Ireland, in the Trade of Exporting Beef, which, tho' it was proved, was not pro⯑bable, yet as the Affirmative carried ſome poſſibility, and the Negative ſeemed to be of no great Conſequence, the Members came in to it, and they paſſed together.

MINUTE XLIII.

Monday 23. December 1706.

Prayers Said,

Rolls Called,

Then the Parliament proceeded to the Conſideration of what Drawbacks ſhall be allowed upon the Exportation of Beef and Pork.

And after ſome Debate thereon, a Clauſe was offered in relation thereto, in theſe Terms, And that there ſhall be allowed Four Shil⯑lings Seven Pence half Penny Sterling for every Barrel of Beef or Pork Salted with Foreign Salt, and Exported for Sale, alterable by the Par⯑liament of Great Britain. And after further Reaſoning,

Agreed, That the Drawbacks ſhall be Five Shillings Sterling for every Barrel of Beef or Pork, and the Clauſe was accordingly ſo Amended and Read.

Thereafter it was propoſed, That the ſaid Drawback ſhall not be alterable by the Parliament of Great Britain, during the Conti⯑nuance of the Duty upon Salt in England.

And after ſome Debate, there were two States of a Vote offered, the Firſt in theſe Terms, Approve of the above Clauſe, viz. And that there ſhall be allowed Five Shillings Sterling for every Barrel of Beef or Pork Salted with Foreign Salt, and Exported for Sale, alterable by the Parliament of Great Britain, Yea or Not: And the ſecond State in [140] theſe Terms, Continue the Proemium of Five Shillings upon the Barrel of Beef and Pork, till the ſame be altered by the Parliament of Great Britain, or during the Impoſition on Salt.

And after ſome Reaſoning, which of the Two ſhould be the State of the Vote, Firſt or Second, it was put to the Vote, Firſt or Se⯑cond.

And before Voting, it was Agreed, That the Members Votes ſhall be Marked, and that the Liſt of their Names, as they ſhall Vote, ſhall be Printed and Recorded.

Then the Vote was put, Firſt or Second, and it carried Firſt.

Thereafter it was put to the Vote, Approve the Clauſe or Not; and it carried Approve.

Thereafter the Clauſes of the Eighth Article of Union, in relation to Scots Salt, were Read, and the Firſt Clauſe or Paragraph thereof again Read; And after ſome Reaſoning thereon, it was Moved, That the Exemption from the Duty of Scots Salt, provided by the ſaid Clauſe to be for Seven Years, ſhall be perpetual; And after ſome further Debate, The Conſideration thereof was delayed till next Sede⯑runt of Parliament, to be then reſumed previous to all other Buſineſs.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLIII.

The Debates about the Drawbacks on Beef and Pork ended now in a ſhort Queſtion, Whether it ſhould be Four Shillings Seven Pence per Barrel, or Five Shillings—; And the Difference being of no great Conſequence, the ſame Argu⯑ments that carryed it before to have any Drawback at all, carryed it now to have that Drawback ſettled at the largeſt Rate of the Two, ſo that Affair ended.

Then the Houſe proceeded to the Grand Affair, the Ex⯑emptions from the Salt Tax in England—; Great Quar⯑rels were raiſed at the Conceſſions made by the Treaters in this Caſe, who had exempted Scotland from the Duties on Salt payable in England for Seven Years only; whereas it was alledged, That the Salt Tax was a Burden Intolerable for Scotland, and that they would no more be able to bear that Duty in ſeven years, than now, and that therefore they ought not to have Subjected Scotland to it at all; That it had been allowed, the Salt Tax was a Burden chiefly laid upon the Poor, the Poor People in Scotland Feeding much upon ſalt Meats, and uſing great Quantities of Salt—; That to lay a Tax on their Salt, was to aſſiſt in Starving them, and the like—. This was an Argument ſo pleaſing, and ſo much Improved without Doors, that it made the Oppoſers of the Union grow popular, and ſeem as if they were but meer Advocates for the Poor; That they were now really De⯑fending their Country, which the Commiſſioners had aban⯑doned, and ſhewed, that the Concern for the Burdening [141] Scotland with unreaſonable Exactions had not been part of their Buſineſs—; Great Hopes therefore were conceived from this Debate by ſome People, who had the Deſtruction of the Treaty chiefly in their Eyes, for as the Struggle had not been ſmall in England, to obtain an Exemption from the Salt Tax to Scotland for Seven Years, it was more than probable, That, if a perpetual Exemption was inſiſted on, the Engliſh Parlia⯑ment would refuſe it, and ſo the Union might ſplit upon that Rock; which being ſo ſpecious, and ſeeming to be all done in meer Concern for the Poor of Scotland, would there⯑fore engage all the People of Scotland in Defence of it—; But this Cloud vaniſh'd afterward, tho' at firſt it look'd black enough.

MINUTE XLIV.

Tueſday 24. December 1706.

Prayers Said,

Rolls Called,

Addreſs of Gentlemen and Heretors of the Parochins of Mayboll, Kirkmichael, Girvan, Kirkoſwald and Barr, and of the Magiſtrates and Town Council of Mayboll, and other Inhabitants of the ſaid Parochins within the Juriſdiction of Carrick, Subſcribes of the ſame, againſt an Union with England in the Terms of the Articles, given in and read.

Thereafter theſe Clauſes of the Eighth Article of Union, in rela⯑tion to Scots Salt, were again read.

And after ſome Reaſoning thereon, a Clauſe was given in to be added thereto in theſe Terms, And with proportional Drawbacks and Allowances as in England, with this Exception, That Scotland, after the ſaid Seven Years, ſhall remain exempted from the Duty of Two Shil⯑lings and Four Pence a Buſhel on Home Salt, Impoſed by an Act made in England in the Ninth and Tenth of King William the Third of Eng⯑land; 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 Two Shillings and Four Pence 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 the Treaty.

And after further Reaſoning on the ſaid Clauſe, another Clauſe was given in in theſe Terms, But Scotland ſhall, in all time after the Ʋnion, be exempted from paying of all Duty or Tax on Salt made in Scot⯑land, in ſo far allennarly as the ſaid Salt ſhall be made uſe of within that Part of Great Britain now called Scotland, but all Salt made in Scotland, from and after the Ʋnion, that ſhall be Exported to that Part of Great Britain now called England, or to any other Nation in ſpecie, or that ſhall be Imployed in Salting of Fiſh or Fleſh to be Exported, or for [142] Victualling of Ships to go to England, or any other Nation, ſhall be ly⯑able to the ſame Duties, as ſhall be then payable for Salt made in Eng⯑land, to be Levyed and Secured in the ſame manner, and with the like Drawbacks and Allowances, as in England; And that, after the Ʋnion, no Salt whatſoever be brought from Scotland to England by Land in any manner, under the Penalty of

And after further Debate on the ſaid two Clauſes, the Vote was ſtated, Approve of the firſt Clauſe or ſecond.

But before Voting, it was agreed, That the Members Votes ſhall be Marked, and that the Liſt of their Names, as they ſhall Vote, be Printed and Recorded.

And the Duke of Athole gave in the following Proteſt, Whereas Salt is the moſt uſeful and neceſſary Ingredient in all ſorts of Victuals, any Duties or Exciſe on the ſame may prove a moſt grievous and inſup⯑portable Burden, eſpecially on the Commons, I do therefore Proteſt for my ſelf, and in Name of all who ſhall Adhere, That the People of this Kingdom now called Scotland, ſhall be free for ever of any Duties and Exciſes on the Salt made within this Kingdom:

Which being Read, he took Inſtruments thereupon.

Then the Vote was put, Approve of the Firſt Clauſe or the Second, and it carried Firſt. And at calling of the Rolls, The Duke of Ha⯑milton, the Marquiſs of Annandale, the Earl of Errol, the Earl of Mariſchal, the Earl of Caithneſs, the Earl of Wigtoun, the Earl of Gal⯑loway, the Earl of Selkirk, The Viſcount of Stormount, the Viſ⯑count of Kilſyth, the Lord Saltoun, the Lord Oliphant, the Lord Balmerino, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil, the Lord Kinnaird, George Lockhart of Carnwath, Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, John Sinclair younger of Stevenſon, Mr. Alexander Ferguſon of. Iſle, John Brisbane younger of Biſhoptoun, Mr. William Cochran of Kilmaronock, James Grabame of Bucklyvie, Robert Rollo of Powhouſe, Sir Patrick Murray of Auchtertyre, John Murray of Strowan, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouſe, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie young⯑er of Boyn, Alexander Mackgie of Palgown, Mr. George Mackenzie of Inchcoulter, Alexander Robertſon, Alexander Watſon, Alexander Ed⯑gar, John Black, Francis Moliſon, Robert Scot, Robert Kellie, Archi⯑bald Sheills, Mr. John Lyon, Sir David Cuninghame, George Home, and Mr. Robert Frazer adhered to the Duke of Atholes Pro⯑teſt.

Thereafter it was moved to read over the ſaid Eighth Article of Union, with the ſeveral Additions and Alterations, in order to the Approving thereof.

But it being moved, That the ſaid Article, with the Additions and Alterations, ſhould be firſt Tranſcribed, the ſame was delayed till the next Sederunt of Parliament.

Adjourned till Thurſday next at Ten of the Clock.

OBSERVATION XLIV.

[143]

The Debate of the laſt Day being Renewed, occaſioned ſome Warmth in the Houſe, and great Arguings there were about the Poor in Scotland being Unable to pay the Tax upon Salt at all, and that therefore they ought not to be left to the Mercy of the Britiſh Parliament; the Matters alſo of the Diſproportion in the Duties to the Value in the reſpective Kingdoms, was alſo made a ſtrong Motive againſt the Duty being laid upon the Scots, as a plain Inequality, ſince, as the Duty on Salt lay then, being Taxed by Weight, the Scots ſhould pay Sixteen Shillings Four Pence upon what in their Country yielded excluſive of the Duty but Three Shillings; Whereas the Engliſh ſhould pay no more on the Value of Ten Shillings Six Pence, which was a great Diſparity in the Taxation by Value—. But to this it was Anſwered, If the Bulk or Quantity of Salt was equal, and Scotland having their Salt made juſt where it was Expended, had, or could buy as much for Three Shillings, as the Engliſh had, or could buy for Ten Shillings Six Pence, the Weight of the Salt being the ſame, they were ſo much the better able to pay Sixteen Shillings Four Pence on that Quantity of Salt in Scotland, by how much it was had Cheaper by Seven Shil⯑lings Six Pence in its firſt Coſt, than the Engliſh were, who were obliged to pay Seven Shillings Six Pence for the ſame Quantity in its firſt Coſt, than the Scots payed.

To this again was Objected, the Poverty of Scotland, and the Difference this made in the Price of Salt to the Poor, how neceſſary the Salt was to the Subſiſtence of the Poor, and how much it would raiſe the Price, to the General Diſcou⯑ragement and Impoveriſhing the Labouring part of the Peo⯑ple, the Engliſh Duties being very near one Penny per Pound ſterling upon the Salt, moſt of which Duty would ly on thoſe who were leaſt able to bear it; And this, as I Noted before, made the Argument become popular, and the Oppoſers of the Union began to be counted Patriots, who ſtrove meerly for the ſecuring their Country from Unreaſonable and Inſup⯑portable Taxes.

It is neceſſary to Note here, in order to let the Reader in⯑to a true ſtate of this Queſtion, what the Engliſh Duties on Salt were, which were thus ſtrenuouſly Argued againſt—, they were in ſhort thus.

As may more at large be ſeen in the Appendix.

The Treaters at London had agreed on both Hands, to Exempt Scotland from the whole Tax upon Salt for ſeven Years as appears in the Obſervations on the Minutes of the Eighth Article in that Treaty—, but had then left it—, with a Conceſſion, that then Scotland ſhould pay as England ſhould pay at that Time—, only it was ſuppoſed, the Britiſh Parliament would Conſider, Whether Scotland was any bet⯑ter able to pay then than before—, according to that Clauſe added in the Fourteenth Article, viz. That it could not be ſuppoſed, that the Parliament of Great-Britain would ever lay any ſorts of Burdens upon the Ʋnited Kingdom, but what they ſhould find of Neceſſity at that time, for the Preſervation and Good of the whole—, and with due Regard to the Circumſtan⯑ces and Abilities of every part of the Ʋnited Kingdom.

But it was again alledged, That the Words in this Eighth Article, viz. But from the Expiration of the ſaid ſeven years, Scotland ſhall be lyable to the ſame Duties for Salt made in Scot⯑land, as ſhall be then payable for Salt made in England, Vide the Treaty at London Article VIII. Page 5th. Obliged the Scots to the payment, and put it out of the Power of the Parliament of Great-Britain to Alter it; and that therefore the Parliament of Scotland ought to take effectual Care to prevent it, and to ſecure the People of Scotland againſt it.

There were a great many Speeches made on this Subject, and ſomething Harſh enough paſt on both ſides, which I care not to Relate—, for the ſakes of the Gentlemen that ſhewed themſelves a little out of Temper here—; But at length a Medium was propoſed in the Terms of the firſt Clauſe of the Mi⯑nute, which Exempted Scotland from the Two Shillings Four Pence per Buſhel, mentioned above, and appropriated to the Eaſt India Company, and let the Twelve Pence per Buſhel ſtand, as a Thing not of ſo much Conſequence, 1. Becauſe the Sum was not ſo conſiderable, as to make it Inſupportable to the Poor. 2. It was not appropriated to any payment fur⯑ther than to the year 1710, and ſo might Determine in a ſhort Time; Whereas the Two Shillings Four Pence per Buſhel, was actually ſettled as a Fund for payment of Annuities for Ninety Nine Years, and muſt certainly fall upon Scotland at the end of ſeven Years.

This ſeemed a very reaſonable Propoſal, tho' it did not anſwer the End of theſe Gentlemen, whoſe Aim, as I Hinted before, was at the Treaty in General—. For it was a Mode⯑rating between both, bearing a part which they could bear, [145] and yet taking off that part which the Poor were ſaid to be pinch'd by, and which they pretended would effectually have raiſed a National Diſcontent.

The Gentlemen on the other ſide, were a little ſilenced with this Propoſal—; they at firſt indeed poſitively inſiſted, as in the D. of A—ls Proteſt, That Scotland ſhould be for ever free &c. of all Duties on Salt—, but they were ſubdued by the Reaſonings of the other Gentlemen, upon the Equity of the above Propoſal, and unleſs, as in General, objecting againſt the whole Treaty, there was no withſtanding it—; yet after ſome Debating, there was found an Exception to this too, and that was, That tho' the Two Shillings four Pence was thus provided againſt, it was but a ſingle Term, and the Parliament of Great-Britain might ſet that Duty aſide, and lay ſome other Tax on in the Room of it, which might be the ſame thing, or worſe, and ſo this Exemption might be Eluded, and this they called without Doors, a Deſign to Trepan Scotland, or draw her into the ſnare of the Duty, under the pretence of an Exemption.

But this was ſoon Warded againſt, and the latter part of the Clauſe effectually ſtopt that Gap, viz. That if the Parlia⯑ment of Great-Britain ſhall at, or before the Expiring of the ſaid ſeven years, ſubſtitute any other Fund in the place of the ſaid Two Shillings Four Pence of Exciſe on the Buſhel of Home Salt—, Scotland ſhall after the ſaid ſeven years, bear a proportion of the ſaid Fund, but ſhall have an Equivalent in the Terms of the Treaty, that is in the Terms of the Fourteenth Article, which ſays, That Scotland ſhall have an Equivalent for what the Subjects thereof ſhall be Charged towards payment of the Debts of England, in all particulars whatſoever, Vide Treaty at Lon⯑don Art. 15. Pag. 9.

This brought the Matter of Debate to an End, and there was nothing left but to put the Vote—, the other Party of⯑fered a Clauſe of General and Abſolute Exemption, as per the Minute—; but it was Voted not to be the ſtate of the Que⯑ſtion, ſo the Affair ended with the D. of A—ls Proteſt, as per the Minute.

Yet it muſt be obſerved, That this ſtep taken by the Par⯑liament, went a great way to ſtop the Mouths of the People, who began to be ſtrangely Allarm'd at the Apprehenſions of the Salt Duty, which was cryed out upon as Inſupportable,; but their being wholly Exempted from it for ſeven years, and for ever Exempt from all but Twelve Pence per Buſhel, the Burden was both leſſened in the Main, and Remote in pro⯑ſpect, and ſo the General Clamour wore off.

It was indeed a great Abatement to that Article as ſtated at London, and ſome People flattered themſelves with the Hopes, that it would occaſion ſome Debates in the Parliament in England, and perhaps ſuffer ſome Alterations there, which [146] might occaſion the Returning the whole to Scotland again—; But that View proved Fictitious, and the Gentlemen found themſelves diſappointed.

MINUTE XLV.

Thurſday 26. December 1706.

Prayers ſaid,

Rolls Called,

Addreſs of Parochioners of Clackmannan, Subſcribers of the ſame, againſt an Union with England in the Terms of the Articles, given in and Read.

Thereafter the Eighth Article of Union with the ſeveral Alterati⯑ons, Additions and Inlargements was twice Read over.

And the Vote being ſtated, Approve of the ſaid Eighth Article as amended or Not, It carried Approve.

Then the Second Clauſe of the Fifteenth Article of Union be⯑ginning with theſe Words, And in regard that after the Ʋnion Scot⯑land, and after ſome Reaſoning thereon, it was agreed to.

The Third Clauſe of the ſaid Fifteenth Article, beginning with theſe Words, And for the further and more effectual anſwering, was alſo Read and agreed to.

The Fourth Clauſe beginning with theſe Words, And that upon the ſaid account there ſhall be anſwered to Scotland, was likeways Read and agreed to.

The Fifth Clauſe of the ſaid Fifteenth Article beginning with theſe Words, And whereas from the Expiration of ſeven years, was alſo Read, and Ordered to be Delete, being determined by the Eighth Article.

The Sixth Clauſe beginning, And generally, That an Equivalent ſhall be anſwered to Scotland, was Read, and the Words, or Salt, ap⯑pointed to be Delete, and after ſome Reaſoning on the ſaid Clauſe, after deleting theſe Words, the Vote was put, Approve of the ſaid Clauſe or Not, and it carried Approve.

Then the Seventh Clauſe of the ſaid Fifteenth Article beginning thus, And as for the Ʋſes to which the ſaid Sum of Three Hundred Ninety Eight Thouſand, was Read; As alſo, the Repreſentation of the Council General of the Company of Scotland, Trading to Africa and the Indies, and the Conſideration of both delayed till next Se⯑derunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLV.

The Eighth Article was now paſſed without any more De⯑bates, the Amendments were all Read, being put together, and as the Houſe had Ordered, Tranſcribed into Form, as you will find them in the Treaty, Printed in the Appendix.

[147] And now we are come to the great Article of the Equiva⯑lent, which has of it ſelf made more Noiſe in the World, than all the other Articles; and which, tho' in it ſelf founded upon the higheſt Juſtice to Scotland, being the only Mean to bring the Diſcording Circumſtances of the Nations to Unite, and was ſtated with the greateſt Exactneſs, and the niceſt and moſt unexceptionable Calculations, that the Wit of Man could perform; yet it met with the greateſt Oppoſition, and was Treated with the moſt Contempt in Scotland of any other part of the Union; Nay to that Degree, that, when the very Money it ſelf came to be brought into Scotland, the Common People were excited to that Height, as to call it the Price of their Country, and to Inſult the very People that brought it.

I muſt therefore be excuſed, if the Obſervations on this Point exceed the Bounds of that Brevity I at firſt propoſed to my ſelf, and that I endeavour to be as particular as poſ⯑ſible upon this Head.

The firſt Clauſe of this Article had been Voted and Agreed to, not without a great Struggle in the Parliament, on the Seventh of the ſame Month of December, as per the Obſerva⯑tions upon the Minutes of that Day appears, to which I re⯑fer, and the remaining part of the Article was adjourned till the Reports of the Committee appointed to conſider of the Sixth and Eighth Articles were received and conſidered, which being now ended, the Houſe proceeded to the ſubſequent Articles.

The Firſt Clauſe of the Article was the main Prelimi⯑nary to the reſt, viz. Whether Scotland ſhould be oblig⯑ed to come in to the appropriated Duties of England, and conſequently have her Revenues appropriated to the payment of the Engliſh Debts, receiving from Eng⯑land an Equivalent—; What that Equivalent ſhould be, viz. Ready Money? How much it ſhould be, viz. Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings—? And whether that Sum was rightly calculated? All this was determined as above.

The ſecond Clauſe which came now to be debated was thus, And in regard, That, after the Ʋnion, Scotland becoming liable to the ſame Cuſtoms and Duties payable on Import and Ex⯑port, and to the ſame Exciſes on all Exciſeable Liquors as in England, as well upon that Account as upon the Account of the Encreaſe of Trade and People, (which will be the Happy Conſe⯑quence of the Ʋnion) The ſaid Revenues will much improve be⯑yond 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 proportionable Equivalent anſwered to Scotland; It is agreed, That, after the Ʋnion, there ſhall [148] be an Account kept of the ſaid Duties ariſing in Scotland, to the end it may appear, what ought to be Anſwer'd to Scotland, as an Equivalent for ſuch Proportion of the ſaid Encreaſe, as ſhall be applicable to the Payment of the Debts of England.

This was only to oblige the Perſons appointed by the Go⯑vernment to direct the Treaſury of Britain, That an exact Account might be kept, what part of the Revenue of Scot⯑land was to be appropriate, and for which the Equivalent was to be raiſed, in order alſo to come to a Certainty in the Meaſures which were to be taken with the Remainder—; And therefore this needed little Debate, yet it will occaſion a further Remark preſently.

The Third Clauſe runs thus, And for the further and more effectual anſwering the ſeveral Ends hereafter mentioned, it is a⯑greed, That, from and after the Ʋnion, the whole Encreaſe of the Revenues of Cuſtoms, and Duties on Import and Export, and Exciſe upon Exciſeable Liquors in Scotland, over and above the Annual Produce of the ſaid reſpective Duties, as above ſtated, ſhall go and be apply'd, for the Term of Seven Years, to the Ʋſes here⯑after mentioned.

This was a general Referring alſo to the Particulars, to which the Overplus of the Revenue of Scotland ſhould be ap⯑plyed, and this will alſo come to be diſcourſed of in its place, being here paſs'd of Courſe.

The Fourth Clauſe was, And that, upon the ſaid Account, there ſhall be anſwered to Scotland Annually, from the end of Seven Years after the Ʋnion, an Equivalent in Proportion to ſuch Part of the ſaid Encreaſe, as ſhall be applicable to the Debts of England.

This Clauſe could admit no Debate on the Scots ſide, ſince, as they had agreed, by the firſt Clauſe, to come into an Equality of Duties, this was Capitulating in behalf of Scotland, That an Equivalent ſhould be paid by England for ſo much of the Revenues of Scotland, as ſhould be applyed to the Engliſh Debts, over and above what had been already ſtated in the Equivalent named in the former Clauſe.

And here I ſhall take the Freedom to quote what the for⯑mer Gentleman I quoted before gave as his Opinion on this very Head, I mean Mr. Baron Clark, whoſe Judgment I think I may be allowed to appeal to, and who was a Witneſs to, and preſent in Parliament at all theſe Debates. See his Eſſay on the 15th. Article of the Ʋnion, Pag. 13th. in theſe Words—

2. That which is moſt Remarkable in this whole Ar⯑ticle, and particularly to be taken Notice of, is this, viz. That, from the Commencement of the Union, the whole Increaſe of the Revenues of Cuſtoms and Duties on Im⯑port and Export, and Exciſe upon Exciſeable Liquors, over and above the Annual Produce of the ſaid reſpective Duties, as above ſtated, ſhall be applyed for the Term of [149] Seven Years, to the Uſe and Advantage of Scotland, the Meaning whereof is hereby Illuſtrated.

Suppoſe, the Cuſtoms of Scotland, after the Union, (what upon the Account of a greater Trade, or upon the Account of taking upon us the Engliſh Cuſtoms) ſhould increaſe to 80000 Pounds Sterling, which I believe no Trading Man will doubt of; then 'tis plain, that in regard there's an Increaſe of theſe Cuſtoms of 50000 Pounds above the preſent Extent, therefore that Increaſe is by this Paragraph allowed to Scotland yearly, for the foreſaid Term of Seven Years, which will be a great Encouragement to Scotland, and by Conſequence an Advantage to the whole Iſland; ſince 'tis not to be doubted, but ſuch an Annual Sum of 50000 Pounds will be imployed during that time, towards ſuch Ends and Uſes as will be moſt for the Honour and Advantage of this Poor Country.

Ʋpon this Conceſſion of the Increaſe of Cuſtoms and Ex⯑ciſes for Seven Years, 'tis likewiſe to be obſerved, That the Sum of 22874 Pounds that falls at September 1710 above⯑mentioned, will likewiſe go for the Remainder of the Term of Seven Years, after the Ʋnion, towards the behoof of Scotland, if ſo be that the Cuſtoms and Exciſes that raiſe that Sum are continued, and not appropriated for other Ʋſes.

3 From the laſt part of the Paragraph, 'tis to be obſerv⯑ed, That there ſhall be anſwered to Scotland Annually, af⯑ter the Expiration of the foreſaid Term of Seven Years, an Equivalent in Proportion to ſuch parts of the Increaſe as ſhall be applyed towards Payment of the Debts of England. For Explaining of which, it may be obſerved,

Suppoſe, after the foreſaid Term of Seven Years, the Cu⯑ſtoms of Scotland ſhould riſe to 120000 Pounds yearly, which is an Increaſe of 90000 Pounds above what they are new ſtated at; in that Caſe, the ſaid Increaſe of 90000 Pounds wou'd be diſpoſed of as follows,

Towards the Civil Government of Britain17007
Towards the General Expenſe of the Nation01710
Towards Payment of the Debts of Britain71283
In full of the ſaid90000

This laſt Article of the Accompt is very Remarkable, ex⯑tending to no leſs than a Sum of 71287 Pounds to be appli⯑cable towards the Debts contracted before the Ʋnion. But this needs not amuſe any Perſon: For in the firſt place, it was ſuppoſed, if there be a Peace concluded, and ſo an end put to the preſent War, then will the Debts of England be in a few Years fully payed. The Conſequence of which will be, That the Cuſtoms and Exciſes, which after the Ʋnion, [150] will be payable by the Subjects of Great-Britain, ſhall then be intirely taken off and let fall. In the next place, Tho' the ſaid Sum of 71287 Pounds be applicable yearly towards the Payment of Engliſh Debts; yet there ſhall be an Annual Equivalent given by England to the Extent of that Sum. Which leads us to conſider a Queſtion, Whe⯑ther or not that Sum of 71287 Pounds will be ſent up yearly to England for paying theſe Debts? I Anſwer, No, for if it ſhould, then, by the Nature of the Equivalents, that very Sum behoved to be ſent back to us again, which is a certain needleſs Trouble; and Lawyers, when they intend to amuſe their Clients with ſpeaking a ſort of La⯑tine; have this in their Mouths, applicable enough to this Purpoſe, Fruſtra petitur quod mox eſt reſtituendum.

Wherefore any Man may ſee, that this Sum is not to be ſent to England, but muſt remain among us.

Could it ever have entered into the Heads of Men, in their right Wits, to burden a Poor Nation with an An⯑nual Payment of a great Sum, for Debts they never con⯑tracted, without at the ſame time allowing a Re-imburſe⯑ment to them? And if ſo, can we imagine, that Matters will be ſo confounded, as that they muſt ſend yearly great Sums out of Scotland to England, for no other End, than immediately to be returned back again? This is ſo ridicu⯑lous, that 'tis ſcarcely to be ſpoken of.

Thus far Mr. Baron Clark, to which I ſhall add nothing, but that his Reaſonings were ſo plain, that they needed no Explication—

The Fifth Clauſe was thus, And whereas, from the Expira⯑tion of Seven Years after the Ʋnion, Scotland is to be lyable to the ſame Duties for Salt made in Scotland, as ſhall be then pay⯑able for Salt made in England; It is agreed, That, when ſuch Duties take place there, an Equivalent ſhall be Anſwered to Scot⯑land for ſuch Part thereof, as ſhall be apply'd towards payment of the Debts of England; Of which Duties an Account ſhall be kept, to the end it may appear, what is to be Anſwered to Scot⯑land as the ſaid Equivalent.

This required only to be left out as being uſeleſs, ſince the Affair of the Salt was ſettled otherways in the prece⯑dent Days Vote; So that hitherto theſe were all Negative Clauſes in the Main.

The Sixth Clauſe was, And generally, That an Equivalent ſhall be Anſwered to Scotland for ſuch Parts of the Engliſh Debts, as Scotland may hereafter become lyable to pay by Reaſon of the Ʋnion, other than ſuch for which Appropriations have been made by Parliament in England of the Cuſtoms, or other Duties on Ex⯑port and Import, Exciſes on all Exciſeable Liquors or Salt, in Reſpect of which Debts, Equivalents are herein before provided.

The Oppoſition made to this Article was on the ſame Foot as the Oppoſition made to the firſt Clauſe, viz. That they [151] would not have Scotland come into the Engliſh Debts at all, but having conſented to come in as far as the Equivalent ex⯑tended, they were for making a Stop there—; But this was found Impracticable, after the Duties which were to be paid by Scotland were aſſented to, to have turned them from the Channel of Appropriation which the like Duties in Eng⯑land were appointed to run in by Act of Parliament, could not well be done, ſo after a ſhort Diſpute about the Poſſibi⯑lity of this, it was paſs'd over alſo.

They now came to the Debate of the Application of the Equivalent, but this was too long a Subject to enter upon that Day, ſo it was adjourned to the next Time—.

MINUTE XLVI.

Friday 27. December 1706.

Prayers ſaid,

Rolls Called,

The Lord Chancellor acquainted the Parliament, That notwith⯑ſtanding, the ſeveral Addreſſes brought in, and preſented to the Parliament, Againſt an Incorporating Ʋnion with England, in the Terms of the Articles, have been under due Conſideration, during the whole Procedure, upon the Articles of Ʋnion: Yet there is now Information, that Letters are ſent through ſeveral Corners of the Kingdom, Deſiring the Subſcrivers of theſe Addreſſes, to come in and Aſſemble at Edinburgh, upon pretence of waiting the Effect of the ſaid Addreſſes, and of knowing what Return the Parliament will give them. All which he was directed by his Grace, Her Majeſties high Commiſſioner, to lay before the Parliament, to the Effect pro⯑per Meaſures may be reſolved upon, for preventing any Evil Con⯑ſequences from theſe Practices.

And after ſome Diſcourſe thereupon, a Proclamation was brought in and Read, againſt all ſuch Mettings and Gatherings of the Sub⯑jects as unwarrantable, and contrair to Law. And after further Diſcourſe, as to the Ground of the Information.

Her Majeſties High Commiſſioner, was pleaſed to ſignifie to the Parliament, That he had Information from ſeveral Corners of the Kingdom, of the great Pains and Methods, which had been uſed to procure Subſcriptions to Addreſſes, and to call in to Edinburgh the Subſcribers, againſt a preciſe Day to back theſe Addreſſes.

And after Debate upon the Draught of the Proclamation, the Vote was ſtated, Approve of the Proclamation, or not.

But before Voting it was agreed to mark the Members Votes, and that the Liſt of their Names as they ſhall Vote, be Printed and Re⯑corded.

And George Lockhart of Carnwath gave in the following Proteſta⯑tion, viz. I George Lockhart of Carnwath Proteſt for my ſelf, and all others who ſhall adhere to this my Proteſtation, that this Proclama⯑tion [152] now offered to be emitted, Diſcharging Barons, Freeholders, and Heretors within this Kingdom, to come to Edinburgh in time of ſit⯑ting of Parliament, ſhall no ways prejudge the Rights and Priviledges of the Barons, Freeholders, and Heretors of this Kingdom, competent to them by the Laws of this Nation.

Which being Read, he took Inſtruments thereupon, and the Adherers were allowed to be marked at Calling the Rolls.

Then the Vote was put, Approve the Proclamation or Not, and it carried Approve. And the Duke of Hamilton, the Duke of Athole, the Earl Errol, the Earl Mariſchal, the Earl of Wigtoun, the Earl of Selkirk, The Viſcount of Stormount, the Viſcount of Kilſyth, the Lord Oliphant, the Lord Balmerino, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil, the Lord Kinnaird, Sir James Foulis of Collingtoun, Sir John Lawder of Fountainhal, Andrew Fletcher of Saltoun, Sir Patrick Home of Rentoun, John Briſ⯑bane younger of Biſhopioun, Mr. William Cochran of Kilmaronock, James Grahame of Bucklyvie, Robert Rollo of Powhouſe, Sir Patrick Murray of Auchtertyre, John Murray of Strowan, Alexander Gordon of Pitlurg, John Forbes of Colloden, David Bethune of Balfour, Major Henry Balfour of Dunboig, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouſe, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie younger of Boyn, Alexan⯑der Mackgie of Palgown, James Sinclair of Stempſter, Mr. George Mackenzie of Inchcoulter, Alexander Watſon, Francis Moliſon, Mr. John Lyon, Sir Robert Anſtruther, Mr. John Caruthers, George Home, and John Bain, adhered to the Proteſtation given in by George Lockhart of Carnwath.

Adjourned till Munday next at Ten of the Clock

OBSERVATION XLVI.

The Work of this Day Explains it ſelf—, and needs but little Remark; This was a new ſhift, if poſſible, to have Di⯑verted the Parliament from going on with the great Work of the Union, Tumults and Riots in the Country had been tryed in Vain, and the Glaſgow Rabblers were cloſs in the Caſtle of Edinburgh, Mobs and Rabbles in the Streets had been ſuppreſt, and the Guards did conſtant Duty in the City, walked the Rounds in the Night, and kept the Streets quiet, the Meeting of the Heretors and Fencible Men, had been Diſ⯑charged by Proclamation, and the Clauſe in the Act of Security, Licenſing them to do ſo, had been Repealed; So that now no Room was left for violent Methods, except by open and actual Rebellion, and that had all poſſible proviſion made for it in the Laws, and the Queen had Ordered Troops to the Borders of England, as is before Noted, in order to aſſiſt and ſupport the Government, in caſe of Neceſſity.

[153] The only Pretence therefore now, was this, The Ad⯑dreſſes, as you will Read in the Minutes, had been continually brought in againſt the Union from all parts of the Kingdom, Anſwers were not given, nor expected to be given by the Parliament, but they lay before the Parliament for their Conſideration; and an Addreſs lying before the Parliament, is, by the Nature of the Thing, ſuppoſed to be under Con⯑ſideration—; But the Addreſſers pretending, That no Re⯑gard was had to their Addreſſes, pretend now to come all up to Edinburgh, to wait for, or rather to Demand Anſwers to their Addreſſes—; This was too bare faced a Pretence not to diſcover its own Meaning; And therefore the Parliament immediately agreed to the Proclamation, to Diſcharge or Forbid all ſuch Gatherings or Meetings of the Subjects, as Unwarrantable and contrair to Law. See the Proclamation in the Appendix No. B x x.

You will obſerve, That on ſeveral Occaſions after the firſt Pro⯑poſal of Printing the Names of ſuch as Voted on either ſide, the like Liſt of Names was Ordered to be made publick—, it would have been too long to have ſubjoyned theſe to every Vote—, and alſo been Troubleſome and Uſeleſs to the Reader—; But this Caſe being ſomething ſingular, I have put the Names of the Members as they were Printed by Order of Parliament, in the Appendix of this Work, marked with this Mark D x x, by which ſome gueſs may be made, who Encouraged or Diſcouraged the Violences of thoſe Times, and what Encouragement were ſuggeſted to thoſe without, from the Proceedings and Conduct of thoſe within.

It was expected by ſome People, That theſe Tumults ſhould have had great Encouragement on the part of the Church; and great pains were taken to draw in the Miniſters in ſeveral parts, to Eſpouſe the Quarrel, and to appear with the People againſt the Union.

But the Miniſters, however they ſhewed themſelves againſt the Union in General, and againſt the ſeveral Particulars as they concerned them, yet they ſhewed no Inclination to Encourage the Tumultary Methods, that the Violent Tempers of other People, ſeemed to be precipitating the Nation into; and therefore the Letter written by the Commiſſion to the ſeveral Presbyteries, was very ſeaſonable, not only to prevent the Miſchiefs Threatning the Peace of the Kingdom at that Time, but alſo to Vindicate the Commiſſion of the Aſſembly from the Aſperſions raiſed upon them from the above Sup⯑poſition, Copy of which I have inſerted in the Appendix, with the Anſwer of the Presbytery of Hamilton to it No. O x, P x.

It would have been endleſs to have added here, the par⯑ticular Addreſſes which were preſented from the ſeveral parts of the Kingdom, however, ſome of the moſt ſignificant I [154] have added in the Appendix, marked as follows, Addreſs from the Presbytery of Hamiltoun No. N x, which was very particular, the Presbytery of Dumblain No. L x. with the Addreſs from Kirkcudbright No. M x. the Town of New Gal⯑loway No. Q x, Dumfermling No. R—. From theſe Ad⯑dreſſes, the Bulk of the reſt may be gueſſed at; Only it may be Noted, there were but three Presbyteries in the whole Kingdom that Addreſſed at all, viz. Lanerk, Hamiltoun and Dumblain, there being Sixty Eight Presbyteries in the whole.

MINUTE XLVII.

Monday 30. December 1706.

Prayers ſaid,

Rolls Called,

Thereafter the firſt part of the Seventh and laſt Clauſe of the Fifteenth Article of Union, beginning thus, And as for the Ʋſes, to which the ſaid Sum of 398085 Pounds, &c. was again Read, and after Reaſoning, the Repreſentation of the Council Gene⯑ral of the Company of Scotland Trading to Africa and the Indies was alſo again Read; and after further Reaſoning thereupon, and upon the Application of the Equivalent, a Propoſal was given in for altering and amending the ſaid firſt part of the above Seventh, and laſt Clauſe of the ſaid Fifteenth Article, in theſe Terms, viz.

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 Standart 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 of the ſaid Capital Stock, after the Rate of Five per Cent. per Annum, from the reſpective Times of the pay⯑ment thereof ſhall be payed: Upon payment of which Capital Stock and Intereſt, It is agreed, the ſaid Company be Diſſolved and Ceaſe; and alſo, That, from the time of paſſing the Act of Parliament in England, for raiſing the ſaid Sum of 398085 Pounds 10 Shillings, the ſaid Company ſhall neither Trade nor grant Li⯑cence to Trade; Providing, That, if the ſaid Stock and Intereſt ſhall not be payed in Twelve Months, after the Commencement of the Union, That then the ſaid Company may, from thence forward, Trade or give Licence to Trade, until the ſaid haill Ca⯑pital Stock and Intereſt ſhall be payed: And as to the Overplus of the ſaid Sum of 398085 Pounds Ten Shillings, after payment of what Conſideration ſhall be had for Loſſes in Repairing the Coin, and paying the ſaid Capital Stock and Intereſt; and alſo the haill [155] 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 lyable, towards payment of the Debts of England; It is agreed, That the ſame be applyed in manner following, viz. That all the Publick Debts of the Kingdom of Scotland, as ſhall be adjuſt⯑ed by this preſent Parliament, ſhall be payed, and that 2000 Pounds Sterling per Annum, for the ſpace of Seven Years, ſhall be apply⯑ed towards Incouraging and Promoting the Manufacture of courſe Wooll within theſe Shires which produce the Wooll, and that the firſt 2000 Pounds Sterling be payed at Martinmaſs next, and ſo yearly at Martinmaſs during the ſpace foreſaid; and afterwards the ſame ſhall be wholly applyed towards the Incouraging and Promoting the Fiſheries and ſuch other Manufactures and Improve⯑ments in Scotland, as may moſt conduce to the general Good of the United Kingdom.

Which being Read, and after Reaſoning thereon, it was Moved, That the Company of Scotland Trading to Africa and the Indies be heard by their Lawyers upon the Rights and Priviledges of the ſaid Company before any further Procedure: And after Debate,

The ſaid haill Seventh and laſt Clauſe of the ſaid Fifteenth Article of Union from theſe Words, And as for the Ʋſes to which the ſaid Sum of 398085 Pounds Sterling, to the end, with the above Altera⯑tion and Amendment was Read over.

And thereupon there were Two States of a Vote offered, The Firſt in theſe Terms, Approve of the Fifteenth Article of the Ʋnion as Al⯑tered and Amended, Yea or Not; and the Second in theſe Terms, Whether this Houſe will Diſſolve the Indian and African Company, without the Conſent of the Proprietors, and Hearing the Companies Law⯑yers upon the Rights and Priviledges of the ſaid Company, Yea or Not; and after ſome Reaſoning which ſhall be the State of the Vote, Firſt or Second.

It was agreed before Voting, That the Members Votes be Marked, and that the Liſt of their Names as they Vote, be Printed & Recorded.

Then the Vote was put Firſt or Second, and it carried Firſt.

Thereafter it was put to the Vote, Approve of the ſaid Fifteenth Ar⯑ticle as Altered and Amended or not, and it carried Approve.

Then an Overture given in, in theſe Terms, That it be Re⯑mitted to the Committee to conſider what Conſideration ſhall be had of the Loſſes of the Coin; As alſo what the Capital Stock and Intereſt of the African Company, may amount to, and how and to whom the ſame ſhall be payed, and likeways to Adjuſt the Liſt of the publick Debts, and to prepare Overtures on theſe ſeveral Heads, and to Report to the Parliament, with Power to them to call for Papers and Perſons, and accordingly it was Remitted to [156] the Committee to whom the ſixth and eighth Articles were remit⯑ted.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLVII.

Upon this part of the Application of the Equivalent, great Stir was made, on pretence of preſerving the African Com⯑pany, and ſome Papers were offered to the Parliament.

The Company made a long Repreſentation to the Parli⯑ament, needleſs to be inſerted here—.

There were a Party who pretended to ſtruggle, and ſome Motions appeared in the Houſe to that purpoſe, againſt the Diſ⯑ſolving the African Company; It is confeſt, the Company was a Thing the Nation had a great Concern in, almoſt every conſiderable Family in the Kingdom having ſome ſhare in the Stock, and conſequently in the Loſs, for it was reck⯑oned no better: The Hiſtorical part of that Tranſaction does not relate to this place, but it may be proper to ſay a little to it, to introduce the true underſtanding of the Vote.

The Company had been Erected upon a General Subſcrip⯑tion of 600000 lib. ſterling, moſt of it ſubſcribed in Scotland, upon which every Subſcriber had paid down a certain part of the Sum ſubſcribed, and was lyable at the Call of the Com⯑pany, to be purſued for the Remainder, and to pay it all in, as by the ſeveral Acts of Parliament, ſettling and confirming the ſaid Company, will appear.

Upon the Miſcarriage of the Expedition to Daricn, and the Return of their Ships, &c. the Company was ſo Diſcou⯑raged and Diſheartned, that no new Attempt either there, or any where elſe, had been ſo much as Talked of, nor were any other Payments demanded, the Loſs of what was already Expended lying very heavy upon the Nation, and parti⯑cularly upon ſome Families who could very ill bear it.

The Deſign had ſo effectually Miſcarried, that the Stock advanc'd was not only Expended, but the Company was brought very low, and was very far in Debt upon the ac⯑count of their ſaid Expedition to Darien—, and the Sub⯑ſcribers were always apprehenſive of a Call upon them of ſome further payment, to diſcharge the Remainder due on the old Voyage, or perhaps to Form ſome new Expedition, and this made ſome People ſo Uneaſie, that they ſold their Stock in the ſaid Company for Trifles, only to be ſecured againſt further Demands; In General, the Intereſt in the ſaid Stock was come to ſo low an Ebb, that People valued them⯑ſelves little or nothing upon their Shares in it, and when the firſt View of the Union came on, and ſome thought one way [157] of it, ſome another, they either Bought or Sold as their Opi⯑nion of the Union, and its proſpect of Succeſs either increaſed or decreaſed; and indeed the publick Expectation of the Succeſs of the Union ran very low at this Time, as may be ſuppoſed, from the Value now put on the Stock of the African Company, which was fallen ſo low, that ſeveral People offered to Sell their whole Intereſt for 10 per Cent. on the Ori⯑ginal Stock, tho' at the ſame time they ſaw, that if the Uni⯑on took place, the whole principal Money with Intereſt was to be repaid them.

There ſeemed to be abundance of Difficulties in the way of the Treaty; he Fury of the Rabbles, the Tumults in the Streets, the Strength of the Oppoſition, and the abundance of Debates they were yet to go thro', gave ſo mean a proſpect of the Union, that tho' it was an Article in the Treaty, that when it was Finiſhed, all the Stock of the African Company ſhould be repaid with Intereſt, as above, out of the Equivalent Money, yet no Body Valued themſelves upon it then, nor were any very fond of Buying, tho' the Demand was extravagantly low; and indeed ſo low as told every one, the Sellers look⯑ed upon it as a deſparate Caſe, that they had no Dependance upon, and very little Expectation from

It was expected there ſhould have been a Debate upon the previous Queſtion, Whether the African Company ſhould be Diſſolved or no, and as per the Vote, it was propoſed to hear Lawyers or Counſel in behalf of the Company, but it was apparent, this alſo was a Propoſal not ſo much in behalf of the Company, as in order to put a full ſtop to the Uni⯑on, ſince it was evident, two Companies could not be con⯑ſiſtent in Britain.

Nor was it alledged, That the Proprietors of the Company had it been put to the Queſtion, would have deſired the Com⯑pany to continue, and ſo have Disburſed further Sums to carry on their Trade, in hope of making up and recovering their Money; and this rather than have received their prin⯑cipal Sums with Intereſt back again, which was a Thing they had no reaſon to expect.

The Propoſal therefore was rejected, not that every Mans Conſent in his own private Right was not acknowledged to be needful—; But this being a publick Act granted by Parliament, the Parliament firſt ſecuring every Man his whole Principal and Intereſt, from the very time of payment, had undoubtedly a Power to Reſcind their own Act, and cauſe ceaſe all the Powers and Privileges which derived from them.

Upon this Foot, it was thought juſt to Repeal the Acts Eſtabliſhing the Company, even without hearing their Lawyers, or demanding their Aſſent—. Again, had the Aſſent been demanded, it ought to have been not an Aſſent [158] of the Directors or Council, but of every Proprietor, which, as it might have been Difficult, and perhaps Impoſſible, would have effectually anſwered the End of thoſe Gentlemen, who ſought to bring theſe Matters to a Head of Debate, and ſo have wrought out of them the wiſhed for Delay to the Ʋnion then in hand.

Some alſo alledged this Caſe as parallel to the great Caſe now depending, and would have argued the laſt from the conſequence of the firſt, viz. That as the Company could not be Diſſolved by the Conſent of the Directors, or Council, or Managers of their Affairs, but by the univerſal Conſent of the whole Body of Subſcribers; ſo neither could the Conſti⯑tution of Scotland be Altered by the Act and Deed of the Repreſentative, without the Concurrence and Aſſent of the Conſtituents from whom the Repreſentatives derived—. But this ſeeming parallel appeared to be Imperfect, and con⯑ſequently to be no parallel at all, ſince the Company could at any time be legally Diſſolved, and their Charters, Privi⯑leges, and Powers be made to ceaſe, by the ſame Power that made them, without asking the Aſſent either of the Directors or Subſcribers; That is, without Conſulting the Repreſenta⯑tive or Conſtituent, Parts of that Body, and the Power ſo Diſſolving, or taking away the ſaid Company, had no other Obligation upon them, than in Juſtice to make good all Damage or Detriment to private Perſons; and this was effectually done.

The Fate of the African Company of Scotland being thus Determined, the further Application of the Equivalent was the next Work—; and there ſeemed only two Things to call immediately for help.

The Coin was agreed to be the firſt Conſideration, and as per the Minute appears, was unanimouſly agreed to—, the ſtate of which was in ſhort thus;

By the lowneſs of the Coin in Scotland, both as to Quali⯑ty and Quantity, I mean the Old Money, Scotland came un⯑der this General Diſadvantage, viz. That almoſt every Foreign Coin paſt current in Scotland to advantage: For Example—, the Engliſh Shilling paſt at Thirteen Pence, the French Crown which in London goes at Four Shillings Six Pence, paſt at Five Shillings, the Dutch Dollar at Fifty Eight Pence, the Bank Dollar, and Three other ſorts commonly called the Wild-Horſe, the Wild-Man, and Caſtle, being generally Im⯑perial or Rex Dollars, were by Act of Council raiſed to Sixty Pence.

[159] This indeed had been occaſioned by the Government in Scotland, formerly crying up their own Money above the uſual Rate, a Thing always Fatal to the Nations that have thought fit to Venture upon it, and which Precipice England narrowly miſs'd ſplitting upon in the late Reſtoration of her Coin, at which time, ſome People puſh'd hard at raiſing the Value of the Standart, not being aware of the National In⯑jury of Raiſing the Value of Foreign Species, and ſubjecting the General Credit to a Loſs on Exchange with all Nations of the World.

By the Union the Coin of Scotland was to be reduced, and brought to the Engliſh Standart, the Conſequence of this was of neceſſity, that there would be a Loſs upon all the kinds of Money, both Foreign and Proper—; To cry down the Foreign Money, and bring it to a Value, could not be, becauſe the Engliſh Money being the Standart, was to be the only current Money, and all other Money would, as in England, go by Weight only; To ſink the Difference in the Hands of particular Perſons, who had ſuch Money in Poſſeſſion, would have been a great Loſs upon the poor People, and what they could not eaſily bear—

The Advance upon the Engliſh Money, which was one Penny on every Shilling of the Silver, and Two Shillings Two Pence upon every Guinea, fell by the Courſe of Things, that Money being to go current at the Rates as in England, and this was no ſmall Loſs to the People that had Engliſh Money by them, but the Foreign and Scots Money being no more to be current, it was but reaſonable, that the Publick ſhould defray the Charge, and make good the Loſs, and therefore this was allotted out of the Equivalent.

Nor was that all, but as this was a Caſe which admitted no Delay, ſo it obtained the Preference of every Thing elſe, for till this was ſettled, the Circulation of Money would have been ſtopp'd, and a general Stagnation of Trade would have followed, and therefore it was appointed to be made good out of the Equivalent, before the African Company was refunded, and this ſet the Mint quickly to Work, as will appear in its place.

The next thing to be paid out of the Equivalent was the Publick Debts, there were ſome who ſtruggled heartily to have the Debts of the Government come in before the Affair of the African Company, but it could not be carryed, thoſe Debts were not all aſcertain'd, and the Claims were to be remitted to the Deciſion of the Law, at leaſt many of them, and this would have left the African Affair to a long Uncer⯑tainty, which neither the Nature of the Thing, nor the Oc⯑caſion that Subſcribers had for their Money could admit of—; For it is to be obſerved by the Clauſe, That if the whole was not paid them within Twelve Months, they had [160] Privilege to Trade, or give Licence to Trade, as if they were not to Diſſolve at all.

Next after the African Company therefore the Publick Debts came to be conſidered, and the Equivalent was appro⯑priated to the Diſcharge of the ſaid Debts; And if the pre⯑ſent Sum fell ſhort, it was to be made good out of the grow⯑ing Cuſtoms and Revenue of Scotland, which for Seven Years was to be appropriate for ſuch Uſes, as will hereafter appear.

The next in order was to beſtow this Money for the En⯑couragement of Trade, and firſt the Wooll Maſters as they are called, that is the Gentlemen whoſe Eſtates were in the Sheep Countries, and whoſe Rents were generally paid in Wooll, theſe made loud Complaints, that the Unions bringing upon them a Prohibition or Reſtraint of the Exportation of Wooll, and there being no Conſumption by Manufacturing at Home, and their Wooll too courſe for Sale in England, their Eſtates would be viſibly ſunk, and therefore that they ought to have ſome Equivalent alſo.

To this it was alledged, That the Exportation of Wooll, however obtained lately in Scotland, yet was grievous to the whole Nation, and ought to be reſtrained by Law, as it was injurious to Trade, and that it uſed in former Times to be re⯑ſtrained; that therefore if this was a preſent Loſs to them, it was nothing but a reducing them to what they were be⯑fore, and taking away the Advantages they had made for a few Years out of the Publick Loſſes: But however, That all Parties might, as far as poſſible, be made ſenſible of the Equity and Juſtice of the Union, a Conſideration of 2000 Pounds Sterling per Annum was allowed to encourage ſetting up ſuch Manufactures in theſe places, as might imploy the Poor, and help forward the Conſumption of the Wooll in the Countries where it is grown—; How this 2000 Pounds per Annum was diſpoſed, and what Effect it had on the Wooll, or on the Trade, I may Examine hereafter.

A Remainder after this is allotted to the Fiſhing, &c. But the Iſſue of this alſo being not come to Knowledge at Writing of this Hiſtory, I can give no further Account of it.

As to the Affair of the Coin and of the African Compa⯑ny, the particulars were referr'd to the Committee, and we ſhall meet with them again in their Courſe, the Report of the ſaid Committee being formed into an Act of Parliament, as will appear in its place—

MINUTE XLVIII.

[161]
Tueſday 31. December 1706.

Prayers ſaid,

Rolls Called,

Saturday next appointed for private Buſineſs.

Thereafter the Sixteenth Article of Union was Read twice over, and the following Words were added thereto, And that the preſent Officers of the Mint be continued, ſubject to ſuch Alterations, &c. And the Article as amended, being again read over, after Reaſoning thereon, a Memorial was given in, in Relation to the Loſſes by the Coin, and remitted to the Committee, to whom the Sixth and Eighth Articles were remitted.

Then the Vote was put, Approve of the Sixteenth Article or not, and it carried Approve.

Moved, That a Proclamation be iſſued forth Lowering the Value of the current Coin of this Kingdom to the true Standard, and remit⯑ted to the above Committee, to be proceeded on by them prior to all other Buſineſs.

The Seventeenth Article of Union was then Read, and after ſome Reaſoning thereon, It was put to the Vote, Approve of the Seven⯑teenth Article or not, and it carried Approve.

Thereafter the Eighteenth Article of Union was Read, and af⯑ter Reaſoning thereon, an Overture was given in for adding a Clauſe in theſe Terms, That all Scotſmen be exeemed from the Engliſh Sacramental Teſt, not only in Scotland, but in all places of the Ʋnited Kingdom and Dominions thereunto belonging, and that they be declared capable of Offices throughout the whole, without being obliged to take the ſaid Teſt.

And after Debate, it being moved, That it was not now intire to add the ſaid Clauſe in Relation to the Sacramental Teſt, in reſpect of the Vote of Parliament of the 12th of November laſt, againſt ad⯑ding the like Clauſe: After ſome further Diſcourſe thereon,

It was agreed, That the ſame ſhould be put to the Vote, and that the Members Votes be marked, and the Liſt of their Names as they ſhall Vote be Printed and Recorded.

Then the Vote was put, Whether it was intire to add the ſaid Clauſe or not, and it carried Not.

Thereafter the Vote was put, Approve the Eighteenth Article or Not, and it carried Approve.

Act for Adjourning the Seſſion to the firſt day of February next to come, given in and Read, and a firſt Reading ordered to be mark⯑ed thereon.

Then the Nineteenth Article of Union was Read, and delayed till next Sederunt of Parliament, and to be then taken under Conſideration.

The Committee appointed to meet to Morrow at Nine a Clock.

Adjourned till Thurſday next at Ten of the Clock.

OBSERVATION XLVIII.

[162]

The Matter committed to the Committee here, was not whether the Coin ſhould be reduc'd to the Engliſh Standart, and be alike all over the Iſland, for that every one ſeemed to agree to, eſpecially after it had been agreed before, that the Deſiciency ſhould be made good out of the Equivalent—; But how, and in what manner the Deficiency of the Money ſhould be made good, was the thing the Com⯑mittee was to conſider—; And here, con⯑trary almoſt to the Hopes of the People, the Committee concluded, that the Deficiency even of the Engliſh Money, viz. One Penny in each Shilling ſhould be made good.

But here was a great Difficulty, and that was this, if it ſhould be Voted, that no Conſideration ſhould be given for the Engliſh Money, the People would be great Loſers, and the Article of making good the Loſſes of the Coin would not be made good to them—; If the Deficiency was Voted, then the Engliſh would bring in vaſt Sums of Money upon them to receive the Deficiency, and have it out in current Money, and ſo carry it home again, and by this Trick, as ſome ſuggeſted, all the Equivalent might be exhauſted.

But the Committee found a Cure for both theſe Evils to⯑gether, 1. They reſolved to make good the Deficiency of the Engliſh Money, that is, the Engliſh Silver Money, not the Guineas, and ſo all the Objections of that ſort fell to the Ground; And to prevent the Poſſibility of bringing in any Quantity of Silver Money from England, they appointed all the Engliſh Money in the Nation to be brought in to certain places all in one Day, where the Sums being told, Sealed up, and laid by till no more was left to bring in, the Money was delivered back again the ſame day, with a Certification of the ſame, which entitled the Proprietor to the Deficiency to be paid out of the Equivalent.

Thus in one day all the Engliſh Money in the Kingdom, (viz. all the Silver Money) was reduc'd to the Engliſh Value, and went after that as in England, and for no more—; And as the Rate of Exchanges always attends the Intrinſick Value of the Specie, ſo the Exchanges, which before ran at Eleven or Twelve per Cent. to the Diſadvantage of Scotland, immediately came to A PAR, and Money ran between Lon⯑don and Edinburgh at a half per Cent. or at moſt one per Cent. ſometimes this way, ſometimes that way, as the Demand of Remitters and Drawers happened to alter the Caſe.

However the Proclamation mentioned in this Vote was con⯑cealed, till the Time that all Things were ready for this Cal⯑ling in the Money, that People might not have Notice of the Thing, and conſcquently have Room to bring in Money from England; It was alledged nevertheleſs, That ſeveral conſide⯑rable [163] Sums were brought over the Borders, but I never could underſtand, That it was proved; for the particulars, the Reader is referred to the Proclamation which contains the Report of the Committee, and ſhall come in its place.

The Seventeenth Article required no Debate at all, being what every Body acknowledged to be needful.

The Eighteenth Article was ſo well worded, and every Thing that related to Scotland ſo well provided for, that there was very little Room for Objection, and what was offered merits not to be remembred—; What was ſaid re⯑lating to the Laws, being made Alterable by the Parliament, amounted to nothing but juſt what had been Argued in Lon⯑don at the Treaty; as for thoſe that would have it out of the Power of ſubſequent Parliaments to alter any of the Laws, when they came to conſider, that this was to Bar Scotland from having the advantage of a Legiſlature, and from what is Eſſential to all Government, viz. To have a Power in Beeing to make ſuch Laws as they ſhall want, they preſently Quitted a Notion ſo wild, remembring that Laws which are for the publick Good in one Age, may be directly otherwiſe in another; And to leave the Parliament no Power to Amend or Alter the Laws, would be to put Scotland in a worſe Con⯑dition than any Nation in the World, that when any part of Her Law became Grievous to Her, it could not, tho' at Her own Requeſt, receive any Amendment; the Reaſonableneſs therefore of its being always in the Power of ſubſequent Par⯑liaments to Make or Amend Laws being granted, the Diſtinction of the Article admitted the leſs Debate, all things being to be done only to the evident Ʋtility of Scotland.

There was a ſecond Attempt made here, with relation to Exempting the Scots from the Sacramental Teſt in England, but as it was juſt the ſame thing as is mentioned already in the Obſervation of November 12th. I need make no further Remark upon it, than this, That it was thrown by as a Thing in its ſelf Impracticable, Unreaſonable for the Scots Parlia⯑ment to meddle with, and as offered only to Embarraſs the preſent great Affair upon the Stage.

The Seſſion or Term for Law-proceedings was now further to be Adjourned, and this was thought Neceſſary, not only becauſe of the preſent Hurry the Nation was in, being Uni⯑verſally taken up about the great Affair of the Union; but it was thought ſome Advantages were deſigned againſt the Treaty, from the Confluence of People that from all Parts of the Kingdom, generally come together on this Occaſion; and the Gentlemen who were for the Union, did not think it Safe to give ſuch an Opportunity or Pretence, for the Coun⯑trey to gather to Edinburgh, as that muſt of Neceſſity offer to them.

MINUTE XLIX.

[164]
Thurſday 2. January 1707.

Prayers Said,

Rolls Called,

ACT Adjourning the Seſſion to the Firſt Day of February next to come Read a ſecond Time; and after Reaſoning, it was propoſed, That the Adjournment ſhould be to the Fourth of February, and likeways propoſed, That the Adjournment ſhould only be to the Twenty Firſt of January inſtant, and after further Reaſoning, the Vote was put, Approve of the Act Adjourning the Seſſion to the Twen⯑ty Firſt of January or Fourth of February, and it carried, Approve of the Act Adjourning the Seſſion to the Fourth of February next to come.

Thereafter the Act was Touched with the Royal Scepter by Her Majeſties high Commiſſioner in the uſual manner.

Then the Nineteenth Article of Union was again Read, and after ſome Reaſoning on the Firſt Clauſe of the ſaid Article, in Relation to the Court of Seſſion or Colledge of Juſtice; a Motion was made for adding a Clauſe in theſe Terms; And that hereafter none ſhall be named by the Queen or Her Succeſſors, to be Ordinary Lords of Seſſion, but ſuch who have ſerved in the Colledge of Juſtice as Advocats or prin⯑cipal Clerks of Seſſion for the ſpace of Five Years.

And after ſome Reaſoning, It was alſo moved, That Writers to the Signet ſhould be added to the Advocats and Clerks.

And after further Reaſoning, the Vote was ſtated, Approve of the Firſt Clauſe or Paragraph of the Nineteenth Article with the above additional Clauſe or without it.

But before Voting, It was agreed, That in caſe the Vote ſhould carry Approve of the ſaid firſt Paragraph of the Nineteenth Article with the additional Clauſe, It ſhall be intire to debate, whether Writers to the Signet are to be added or not.

And thereupon the ſaid firſt Paragraph and additional Clauſe being read over, the Vote was put, Approve of the ſaid firſt Para⯑graph with or without the Addition, and it carried, with the Additi⯑on.

And after Debate, Whether Writers to the Signet ſhall be added or not, it was put to the Vote, Add Writers to the Signet or not, and it carried, Add.

Whereupon it was moved, That ſuch of the Writers to the Signet as have ſerved Five Years in that Station, ſhall be underſtood Qua⯑lified as well as Advocats and Clerks, and after Debate thereon, it was moved, that the further Debate be adjourned till the next Se⯑derunt of Parliament, and alſo moved to proceed now to the De⯑termination of the time for their Qualification.

[165] And after Reaſoning, the Vote was put, Proceed or Delay, and it carried Delay.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLIX.

I have given the Reaſons for Adjourning the Seſſion in the laſt Obſervation; The Debates of this Day were only upon the Day to which it ſhould be Adjourned, which are not Material, only to Note, That the Gentlemen againſt the U⯑nion were always for the ſhorteſt Adjournment, which ſome ſaid, was in hopes to get the Seſſion to begin before the Parliament ſhould end.

By the Nineteenth Article, the Court of Seſſion, or as it is called, The Colledge of Juſtice, with the Court of Juſticiary, are here effectually Eſtabliſhed and Confirmed, their Being and Conſtitution can not be Touched, no not by the Parlia⯑ment; They are indeed to ſubmit to Regulations, and it can not but be Reaſonable it ſhould be ſo, but none of theſe Re⯑gulations can affect them as a Court.

It may not be unneceſſary, for the ſake of the Engliſh Reader, to Explain the Terms in this Article, and to Deſcribe the People mentioned here, by the like kind of Offices known in England, and to Note,

[166] It was the Subject of no ſmall Debate here, Whether any Writer ſhould be capable of being Lord of the Seſſion, or Advocats or Counſellors only; It had been alledged, that it was Diſhonourable to the Bench of Judges, to raiſe any of the Writers, which are a lower Rank of Practitioners, to the Dignity of a Lord of the Seſſion; That it was Advancing them over the Heads of the Advocats, that in England no Man arrives to the Dignity of a Judge, till he is firſt received within the Bar, That is, made a Serjeant; and that till now, Writers were not Admitted.

The firſt Motion was even againſt Advocates or Clerks of the Seſſion too, till they had ſerved a certain Number of Years as Advocats; but the Writers finding themſelves ex⯑cluded by that Vote, got it added after a long Debate.

It remained then to Determine, what Writers ſhould be Qualified, and which Excluded; but as this Debate ſeem⯑ed ſomething of a Surprize to the Parliament, and the whole Faculty ſeemed concerned in it, it was put off to the next day—; The Debate ſeemed of no great Concern to the Publick, but as it affected private Perſons, whoſe Intereſt was at that time ſtrong in the Parliament, it occaſioned warm Debates.

MINUTE L.

Friday 3. January 1707.

Prayers ſaid,

Rolls Called,

Then the Parliament reſumed the Conſideration of the Debate anent the Qualification of Writers to the Signet, before they can be named ordinary Lords of Seſſion: And after ſome further Debate as to the time they are to ſerve as Writers, before they can be ca⯑pable to be named Lords, there were two States of a Vote offered; the firſt in theſe Terms, Whether they ſhall ſerve Twenty Years, or none, and the ſecond in theſe Terms, Whether they are to ſerve Eight or Ten Years; And after ſome Reaſoning, which of the two ſhould be the State of the Vote, Firſt or Second,

The Earl of Abercorn gave in a Proteſt againſt the firſt State of the Vote in theſe Terms: ‘"I Proteſt againſt the ſtating of the firſt Vote, becauſe, which way ſoever it may be carried, it, in my humble Opinion, elides one of the two Votes paſt Yeſterday, re⯑lating to the Additional Clauſe; for, if it ſhould be carried, That a Writer to the Signet may be admitted to be an ordinary Lord of the Seſſion, without limiting a reaſonable Time for Qualifying himſelf by Experience, as to the Practical Part of the Law, then that ſeems to be inconſiſtent with the Vote, requiring Advocats [167] undergoing a Five Years Probation at the Bar: On the other Hand, if the Vote ſhould be carried for a Writers being Twenty Years in that Station, before being capable to be named by the Sovereign to be an ordinary Lord of the Seſſion, that ſeems to be Tantamount to an abſolute Excluſion of Writers from the ſad Office,’ and thereupon he took Inſtruments.

Then the Vote was put, Firſt, or Second; and it carried, Second. Thereafter the Vote was put, Eight, or Ten Years, and it carried, Ten Years.

Then a Motion was made for an Additional Clauſe, in relation to the Qualification of Writers in theſe Terms, ‘"With this Provi⯑ſion, That no Writer to the Signet be capable to be admitted a Lord of the Seſſion, unleſs he undergo a private and publick Try⯑al on the Civil Law, before the Faculty of Advocats, and be found by them Qualified for the above-ſaid Office, Two Years be⯑fore they ſhall be named to be a Lord of the Seſſion:’ And after Reaſoning thereon, the Vote was ſtated, Add the Clauſe, or not.

But before Voting, it was Moved, ‘"That the Qualifications made or to be made, for Capacitating Perſons to be named ordi⯑nary Lords of Seſſion, ſhall be Alterable by the Parliament of Great-Britain;’ And after Debate, it was put to the Vote, Alte⯑rable or not, and it carried, Alterable.

Then the Vote was put, Add the Clauſe in relation to the Qualifi⯑cation of Writers, and it carried, Add.

Thereafter the ſecond Clauſe of the Nineteenth Article of Union in relation to the Courts of Juſticiary, was read, and agreed to.

And the third Clauſe in relation to the Admiralty, was alſo read, and agreed to.

Thereafter the other Clauſes of the ſaid Nineteenth Article, in relation to the Court of Exchequer and other Courts, and alſo the Remainder of the Article was read, and agreed to.

Then the Vote was put, Approve of the Nineteenth Article as amend⯑ed, or not, and it carried, Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION L.

There needs little to be ſaid of this Days Work, our laſt Obſervation having ſtated the Caſe, and the Vote it ſelf be⯑ing more particular than ordinary in that Matter.

The Writers to the Signet were admitted to be made or⯑dinary Lords of the Seſſion, upon Conditions and Qualifica⯑tions as by the Minute, viz. Ten Years Continuance as Writer, and Two Years afterward paſſing a Tryal before the Advocats.

But it may not be Unneceſſary to Note, That all this De⯑bate had ſome Ground for it that did not yet appear, and ſome perſonal Views were in it on either Hand; The latter, it can be of no uſe to meddle with here, but the Reaſons in general of this Debate were, to forecloſe the admitting Per⯑ſons [178] to be Judges, who had not been bred to the Law, a Thing really Significant in it ſelf, and which ſome alledged had been but too much practiſed, in Scotland, to the great prejudice of the College of Juſtice in general, the Injury of the Gentlemen who were bred up to the Study of, and had run thro' long Practice in the Law, and not over much to the Reputation of the whole Seſſion in general—; It was ſaid alſo, That there were Views of this ſort at this time, and that much of the Debate was founded upon that Head, but this I will not affirm, it is certain, the Lawyers made no ſmall Struggle in the Caſe of Qualifications on both Sides—; The People generally ſeemed very well pleaſed with the Limitations, as what ſeemed very much to regard the Repu⯑tation of the Law, and be ſome Security for the time to come, that ſuch as ſhall be advanced to be Judges of the Law, ſhall be choſen from among thoſe who beſt underſtand the Law—; At laſt the Debate ſeemed to meet with ſome Interruption on the Account of ſubmitting theſe Qualificati⯑ons to the Parliament of Great-Britain—; This was op⯑poſed by ſeveral ſorts of People; and it may be noted, ſome were for ſubmitting this to ſuch Alteration, which were very warm againſt ſubmitting other things—; Their Reaſons were plain to the Perſons concerned, but being of no publick Conſequence to Record thoſe things, I leave them to the Ob⯑ſervation of the reſpective Parties.

It was at laſt ſettled, as per the Vote, alterable by the Bri⯑tiſh Parliament; And I cannot but note, That thoſe Gentle⯑men, who expect the Limitations, ſhall be enlarged by a Bri⯑tiſh Parliament, and were, on that Account, forward to ſub⯑ject it to ſuch Alteration, may very probably be diſappoint⯑ed, Parliaments in England having on all Occaſions, ſhowen themſelves forward to ſecure a Succeſſion of able and well Qualified Perſons to be Judges in England, and will no doubt be careful of the ſame in Scotland, when ever that caſe ſhall come before them.

MINUTE LI.

Saturday 4. January 1707.

Prayers Said,

Rolls Called,

ACT in favours of the Burgh of Dundee, for an Impoſition of two Pennies upon the Pint of Ale and Beer, to be Browen and Vended within the Bounds, and for the Uſes therein mentioned, Read a ſecond time, and after Reaſoning thereon, a Clauſe was offered to be added thereto, Impowering Overſeers and Managers of the ſaid Impoſition; and with power to determine how it ſhall be uplifted, [169] whether out of the Malt or out of the Liquor; and a Petition given in for the Brewers of Dundee againſt the ſaid Act was Read; and another Clauſe was offered to be added to the ſaid Act, in fa⯑vours of Mr. James Anderſon, in theſe Terms, With this Proviſion, as it is hereby expreſly provided and declared, That the ſaid Impoſition is, and ſhall be burdened with the Sum of twelve hundred Pounds yearly, for the ſpace of ſix Years. to be payed to Mr. James Anderſon Writer to the Signet, or his Aſſigneys, as a part of the Expenſes of the Work re⯑commended to him by the Parliament, and that at two Terms in the Year, Martinmaſs and Whitſunday, beginning the firſt Terms Payment at Martinmaſs 1707 Years; And ordains the Magiſtrates of the ſaid Burgh to make payment of the ſame accordingly; Which being Read, it was agreed to add the ſaid Clauſe; and after further Reaſoning on the ſaid Act, ſeveral other Amendments were made thereupon, and after Debate on the above Petition for the Brewers, and Clauſe in relation to the Management, it was put to the Vote, Approve of the Act as amended, or add the Clauſe. and it carried, Approve.

Then the Lord Chancellor, by Order of Her Majeſties high Com⯑miſſioner, acquainted the Parliament, that in this Seſſion of Parlia⯑ment, other two Days ſhall be appointed for private Buſineſs.

Draught of an Act for Diſſolution of the Lands of Orkney and Zetland from the Crown, in ſavours of the Earl of Mortoun, Read, and agreed, That the Feu-duty payable therefore, ſhall be ſix thou⯑ſand Pounds, and that the Queens Haulks be reſerved, and a firſt Reading ordered to be marked thereon, and agreed that the ſaid Act ſhall be firſt proceeded upon, the firſt Sederunt for private Buſineſs preferable to all others.

Petition John Henry Huguetan, craving to be Naturalized, and alſo craving a Protection, again Read, and thereafter an Act for his Na⯑turalization was alſo Read; And ſicklike, an Act for the Natura⯑lization of Colonel Scipio Hill, Lieutenant-Colonel Henry Verriere of Her Majeſties Regiment of Foot-guards, Lieutenant-Colonel John Cadour Captain in Major General Maitland's Regiment, Captain Theadore Dury Her Majeſties chief Engineer, Captain Daniel Charlot Brigadeer in Her Majeſties Troop of Guards, Captain John Burjond in Colonel Grant's Regiment, Captain James Cavaleir Lieutenant in Her Majeſties Troop of Horſe Granadeers, Enſign Peter Charan⯑toun in the Lord Strathnaver's Regiment, Peter Cregut formerly Lieu⯑tenant in Sir William Dowglaſs's Regiment, Jeremiah Boſugne Adjutant to Major General Maitland's Regiment, Mr. James Leblanc and Daniel Laſagette Merchants, Joſhua Legoux Servitor to the Earl of Roxburgh, Francis Gobron late Servitor to the Earl of Crawfurd, Peter Biſhop alias La-Mar Servitor to the Earl of Strathmore, Mr. John Godfrey Preacher of the Goſpel, and Major Belſhazer Guydet Captain of Dragoons in the Marquiſs of Lothian's Regiment was Read, and a firſt Reading ordered to be marked upon the ſaids Acts.

And after Debate upon the above Petition as to the Protection, it was moved, That a Deliverance be granted thereon, in the fol⯑lowing Terms, viz. That for the better enabling the Petitioner to Re⯑eſtabliſh [170] his Affairs and ſatisfie his juſt Debts, Protection be granted for the ſpace of ſeven years to the Petitioners perſon; and alſo that Protecti⯑on for the ſpace foreſaid be granted to the Petitioners Goods and Eſtate Heretable and Moveable againſt Diligence at the inſtance of Creditors, for ſuch Debts as have been contracted before April 1705 years, Excepting ſuch Debts as have been contracted to any of the Subjects of Her Majeſties Dominions, or ſuch Debts as have been originally contracted to the Sub⯑jects of Her Majeſties Allies, or which ſhall be made appear by the Credi⯑tors before the Judge Ordinary, to have been Transferred to them bona fide, and for adequate onerous Cauſes, before the Twelfth of December laſt, providing always the Petitioner Reſide within this Kingdom, du⯑ring the time of the ſaid Protection.

And after further Debate, it was put to the Vote, Grant Protecti⯑on to the Petitioner in the above Terms, or delay till the Act for his Na⯑turalization get a ſecond Reading, and it carried Grant Protection in the above Terms.

Agreed that the Act in favours of the Burgh of Aberdeen, for an Impoſition in the Terms therein mentioned, be under Conſide⯑ration the firſt Sederunt for private Buſineſs, next to the Act in fa⯑vours of the Earl of Mortoun.

Then it was intimate, That there being an Action upon the Pro⯑teſt for Remeid of Law, Sir Thomas Dalziel of Binns, againſt the Lady Caldwell and her Husband, the Procurators for the Lady Caldwell and her Husband be ready to anſwer againſt the next Sederunt for private Buſineſs, and Sir David Dalrymple autho⯑rized to plead for the Purſuer.

Petition for the Heretors and Tradeſmen of the Cannongate, for a Remit to the Commiſſioners of Supply of the Shire, to Value their Tenements and Yards, and to eſtabliſh a ſettled Valuation thereof, that conform to the Valuation, they may pay their Proportion of Ceſs to the Good-Town, for their Relief thereof, Read, and ap⯑pointed to be ſeen and anſwered againſt the next Sederunt of Par⯑liament for private Buſineſs.

Agreed that my Lord Chancellor Rank and Bring in private Bu⯑ſineſs to the Parliament the following days for private Buſineſs, as he finds juſt.

Adjourned till Monday next at Ten of the Clock

OBSERVATION LI.

This was a Day for private Buſineſs, and I ſhould have wholly Omitted the Minute of it, but on the following Occa⯑ſion—.

Firſt, to Note how the Parliament of Scotland, on all Oc⯑caſions, Encouraged Learning and Induſtry, and particularly the Labours and Study of Mr. James Anderſon, a Gentleman bred to the Study of the Laws of Scotland, but by his own In⯑clination led into that Painful, but moſt Excellent and uſe⯑full [171] Study of Antiquity—; In the proſecution of which, he had begun a moſt Tedious and Chargeable Work in Search after the Antiquities of Scotland, and had formarly laid before them the Specimens he had made of that Work, which met with a General Approbation, and the Reward allotted him for it, ſhews the ſenſe the Houſe had of the Greatneſs of the Undertaking, which if that Gentleman live to Finiſh, it may let the world know, their Money was not ill beſtowed.

The Naturalizing Monſieur Huguetan was a Thing lay open to ſome Reflections, and at firſt look'd meanly enough; The Man was fled from France, and as was ſaid, had De⯑frauded the King of France, and private Perſons alſo, of great Sums of Money, and finding himſelf unſafe in England, where a Commiſſion of Bankrupt had been attempted to be Sued out—, he ſought Protection here.

However the Parliament conſented to the Naturalization—, but Limited and Reſtricted the Protection he ſought with ſuch juſt and reaſonable Clauſes, as that Monſieur Hugue⯑tan never thought fit to take the Benefit of it, but went away to Holland, where, what became of him, how he was near being Trapann'd away into France, where his Fate had been moſt certain; How the States General reſented the Attempt, and puniſhed the Perſons, tho', at the ſame time, they did it in Reſpect to their own Juriſdictions and Con⯑ſtitution, rather than in reſpect to the Perſon—; How afterward he was Marryed to Madamoiſell D'Odyke, in ſpite of all the Oppoſition made by Monſieur D'Auverkirke her near Relation, and Velt Mareſchal of the Forces of the States; Theſe things, as not material to this Hiſtory, I ſhall take no notice of, and only mention the other, to let the World ſee, That, tho' the Enemies of Scotland loudly clamoured, that, for the ſake of bringing Money thither, they would make themſelves the Sanctuary of the moſt Infamous Perſons; yet, that upon the Application of this Man, they clogg'd the Fa⯑vour they beſtowed with ſuch juſt Clauſes in Relief of the Claims of private Perſons, that, if the Perſon ſought any Sanctuary againſt his juſt Debts, he found it was not to be had in Scotland, and therefore he was ſo far intirely diſ⯑appointed. As to his publick Affair with the Government in France, it did not appear other than by Report, and no publick Body could be obliged to provide againſt any thing that they had no Documents to prove, and which no Body appeared to accuſe him of.

MINUTE LII.

[172]
Monday 6. January 1707.

Prayers ſaid,

Rolls Called,

Then the following Addreſſes were given in, and read, viz. Addreſs of Barons, Freeholders, Heretors, Gentlemen, and others in the Shire of Aberdeen, Subſcribers of the ſame; Addreſs of Ba⯑rons, Freeholders, Heretors, Gentlemen, and others in the Shire of Kincardine and Town of Stonehaven, ſubſcribing the ſame; An Addreſs of Inhabitants of the Town of Peterhead, Subſcribers of the ſame; all againſt an Union with England in the Terms of the Ar⯑ticles.

Overture for an Act anent the Admiral Court, read, and ordered to be Printed.

A Report brought in from the Committee, to whom the Conſi⯑deration of the Coyn was remitted, was read, as alſo a Proclama⯑tion in relation thereto, and after Reaſoning thereon, both were remitted back to the ſaid Committee to be further conſidered.

Then the Twentieth Article of Union was read; And it was Mov⯑ed, That a Clauſe ſhould be added thereto, for Preſerving the whole Records and Regiſters, both General and Particular, and Warrants thereof, and for detaining and keeping them with⯑in this Kingdom in all time coming; And after Reaſon⯑ing thereon, It was agreed, That, when the Twenty Fourth Article falls under Conſideration, a Clauſe to that Effect ſhall be brought in to be added thereto.

Agreed, That, after the Words, Heretable Offices, and Heretable Juriſdictions, the Word Superiorities be added to the ſaid Article: And the Article being Read over with the ſaid Addition, The Vote was put, Approve the Twentieth Article of Ʋnion, or not; And it carried, Approve.

Then the Twentieth Firſt Article of Union was Read; And, af⯑ter Reaſoning, It was Moved, To add a Clauſe thereto, in theſe Terms, Subject, nevertheleſs, to ſuch Alterations, as the Parliament of Great-Britain ſhall think fit: And, after further Reaſoning thereon, Two States of a Vote were offered: The Firſt in theſe Terms, Ap⯑prove the Article, or Not; The Second in theſe Terms, Add the Clauſe, or Not: And, after ſome Reaſoning, which ſhould be the State of the Vote, Firſt, or, Second.

It was agreed, That the Members Votes ſhall be Marked: And, that the Liſt of their Names, as they Vote, ſhall be Printed and Re⯑corded.

Then the Vote was put, Which ſhall be the State of the Vote, Firſt, or, Second. And, it carried, Firſt.

[173] Thereafter, the Vote was put, Approve the Twenty Firſt Article of Ʋnion, or Not, and it carried, Approve.

Then the Twenty Second Article of Union was Read; And the Conſideration thereof delayed till next Sederunt of Parliament, to be then proceeded upon, previous to all other Buſineſs.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LII.

The Affair of the Courts of Admiralty and Exchequer, need very little Remark, they were by the Nineteenth Ar⯑ticle reſerved, and their diſtinct Powers are very expreſly ſtated in the Article it ſelf, nor did it occaſion any great De⯑bate in the Parliament; for thoſe Debates which were raiſed upon a ſuppoſition of the Union taking place, it was obſer⯑ved, gave the Houſe the leaſt Trouble—, which I take to be a further proof, that the main Deſign in Oppoſing and Debating the Particulars, was, as they pointed at the Gene⯑ral, and it was therefore a juſt Obſervation, that any Head of Argument became more or leſs vigourſly oppoſed, as it, more or leſs puſhed at the Union in General.

The Office of the Lord high Admiral for all Britain, it was abſolutely neceſſary to reduce to one—; But the Courts of Admiralty having their ſeveral Juriſdictions & Authorities were as neceſſary as ſeveral private Rights, which by the next Article were to be reſerved, depending intirely upon it.

The heretable Rights of Admiralty, & the Vice Admiralties, were alſo neceſſary to be ſupported; and all theſe Things made it abſolutely neceſſary to preſerve a Court of Admiralty, the Tryals being to be had in Scotland, and which by the Conſtitution and Laws of Scotland, reſerved as before, could not be legally Transferred to, or taken Cognizance of by the Court of Admiralty of England.

The like in the Affair of the Exchequer, where, if the Seizures of the Cuſtoms, if private Rights and Debates between the Queen and Subject, could not have been Tryed in Scotland, the General Reſerve of the Laws to Scotland; could not have been maintained, and the Subject would have been put to in⯑tolerable Inconveniencies and Expences in Purſuing and De⯑fending in all Pleas of the Crown, or Caſes between the Queen and Her Subjects.

Theſe Things therefore admitted of very little Debate, but were regulated by the Methods required by the Cuſtoms and Forms of Law, and then paſt as it were in courſe.

The Affair of the Privy Council was alſo left to its own Fate, the Story of which I omit here, becauſe it will come neceſſarly to be ſpoken of in the ſubſequent part of this [174] Hiſtory, when it was Depoſed with ſome Struggle, and as ſome thought, a little ſooner than was needful.

The preſent Article, which I take to be a very Extenſive one, had paſſed, and been in all its parts Unexceptionable, had not one unhappy Word been brought in, and this was the word SƲPERIORITIES; But this being added without any Condition or Power left in Parliament to Diſſolve thoſe Superiorities, upon an Equivalent to the Owners, whenever the United Parliament ſhould find Occaſion for the publick Good to do ſo; has bound down Scotland to the private Tyrrany and Oppreſſion of the Heretors and Lairds, which it is eaſie to make appear, is at this Time one of the greateſt Obſtructions to Her Peace and Proſperity.

The Superiorities meant here, are the Rights of Vaſſalage which the Gentry of Scotland have over the People, which, as it is Extended, gives the Chiefs and Heads of Clans, Lairds and Heretors, ſuch an abſolute Dominion over both the Per⯑ſons and Goods of the poor ſubjected People, as ſeems per⯑fectly inconſiſtent both with the Peace and the Improvement of Scotland in particular, or of any Free Nation in General, and this two ways.

1. As it gives too great a Power to particular perſons, who are thereby rendred Independent of the Law, and put in too eaſie a Condition to Inſult the Government, and break the publick Peace; Inſtances of which have been given ſince the Union, as ſhall particularly appear in the Proceſs of this Hiſtory, where Perſons by the Aſſiſtance of their Tenantry, and the Dominion of their own Superiorities, protected them⯑ſelves from the publick Juſtice, and bid Defiance to the juſt Reſentments and Suſpicions of the Government, even in a Time of French Invaſion—. That a Power to put any one in ſuch a poſture, is inconſiſtent with the publick peace; I need not ſpend Time here to Diſpute, and Scotland may have, and I doubt will have occaſion to acknowledge.

2. As it keeps the Common People and Tenantry of Scot⯑land in a Condition inconſiſtent with the Liberty of a Free Nation, and under an intolerable Slavery to their Landlords, by which they are effectually prevented either Improving their Stocks for themſelves, or their Lands for their Landlords;—, which the Landlord himſelf effectually prevents, by his abſolutely Ruining and Devouring their Induſtry at his own will.

This Subject is too long for the Extent of a ſingle Obſer⯑vation, and will be more particularly ſpoken to in its place; but I note it here as the proper Subject of the place, this be⯑ing the Day when it was introduc'd into the Treaty, and had only this Unhappineſs, that it came in, as it were, by Head and Shoulders, without any previous Conditionary Clauſe—; I do not alledge, That the Superiorities of the Gen⯑try [175] ſhould have been taken away by Law, without Satisfacti⯑on made to the private Eſtates of thoſe, from whom they ſhould have been taken, farther is it yet from me to ſay, or think, they ſhould be ſurrendered to the Crown—; But certainly had it been left to a Parliament of Great Britain, to have Diſſolved them upon any juſt Occaſion, and, by Land or Money, have made a full Recompence to the Pro⯑prietors, and ſo have broken that Bond of Slavery by which Scotland has been ſo long ſuppreſs'd, and the Poor kept Poor, their Induſtry diſcouraged, and their Labour devoured; From that Day the Nation had dated its Liberty and Proſ⯑perity; Plenty, and Encouragement to Trade and Manu⯑factures muſt have followed, ſince no People can be ſuppoſed to Work cheerfully, when they cannot enjoy what they gain, or call it their own.

But this was a Time of Hurry, and People could not look about them as at other Times; Nor was the Liberty of the poor People ſo near in View, as to move that Concern in Mens minds, which perhaps were it now to be done, might be otherwiſe; Whether this or the Fate of Scotland, I ſhall not Determine as the Cauſe of the Omiſſion—. But 'tis evi⯑dent, The Thing is Ʋnhappily for Scotland, Omitted; And the great Opportunity of extending the Love of Liberty, as well as the Taſte of it, to all the People Irrecoverably Loſt.

The Rights of the Burghs came next to be Debated, the whole Rights of the Burrows were reſerved to them by the Union; Nor was any Thing offered now to Abridge thoſe Rights, yet it was thought, it both might be the Advantage of the Burrows, and of the Nation in General, to have thoſe Rights ſubjected to Parliamentary Regulations, but ſome People took an Alarm at this, as if the Parliament in time coming, would take away the Privileges of the Royal Bur⯑rows; and thus in this particular Time of Jealouſie, the great Advantages which both the Burghs of Scotland in particular, and the People of Scotland in General, might have had from Parliamentary Regulations, were loſt and Forecloſed, and the Door Barr'd againſt any future Alterations to be made by Parliament, were they never ſo much to the Advan⯑tage and Benefit of the reſpective Parts.

The next Thing brought upon the Stage, was the Num⯑ber and Manner of Electing the Repreſentative, it had been moved in the Debates of the Third Article, but was pur⯑poſely Adjourned to this, as the proper Time of entring upon it—. It was too long an Affair to begin at the end of the Day; ſo it was Adjourned to the next Sederunt, when it took up Time enough.

MINUTE LIII.

[176]
Tueſday 7. January 1707.

Prayers ſaid,

Rolls Called,

The Twenty Second Article of Union again read, and thereafter the firſt Paragraph thereof, in relation to the Number of Repreſen⯑tatives for Scotland in the Parliament of Great-Britain, was read over again; And after long Debate, a Vote was ſtated, Approve of the firſt Paragraph of the Twenty Second Article, or Not.

But before Voting, there were Four ſeveral Proteſts given in, viz. One by the Duke of Athole, a Second by the Earl of Buchan, a Third by George Lockhart of Carnwath, and a Fourth by Walter Stuart Com⯑miſſioner for the Burgh of Linlithgow, all againſt the ſaid Vote, and the ſeveral Proteſters took Inſtruments thereupon.

Likeas, a Fifth Proteſt was given in by the Earl of Errol, in theſe Terms, I Charles Earl of Errol, Lord High Conſtable of Scot⯑land, do hereby Proteſt, That the Office of High Conſtable of Scotland, with all the Rights and Privileges of the ſame, belonging to me Here⯑tably, and depending upon the Monarchy, Sovereignty, and Antient Conſtitution of this Kingdom, may not be weakened nor prejudged by the Concluſion of the Treaty of Ʋnion betwixt Scotland and England, nor any Article, Clauſe or Condition thereof, but that the ſaid Heretable Of⯑fice, with all the Rights and Privileges thereof, may continue and remain to me, and my Succeſſors, intire and unhurt by any Votes or Acts of Par⯑liament, or other Proceedings whatſoever relative to the ſaid Ʋnion: And I crave this my Proteſtation may be Admitted and Recorded in the Regiſters and Rolls of Parliament.

And a Sixth Proteſt was given in by the Earl Mariſchal in theſe Terms, I William Earl Mariſchal, do hereby Proteſt, That whatever is contained in any Article of the Treaty of Ʋnion betwixt Scotland and England, ſhall no manner of way derogate from, or be prejudicial to me, or my Succeſſors, in our Heretable Office of Great Mariſchal of Scotland in all time coming, or in the full and free Enjoyment and Exerciſe of the baill Rights, Dignities, Titles, Honours, Powers and Privileges thereto belonging, which my Anceſtors and I have Poſſeſſed and Exerciſed as Rights of Property theſe Seven Hundred Years. And I do further Proteſt, That the Parliament of Scotland, and Conſtitution thereof, may remain and continue as formerly: And I deſire this my Proteſtati⯑on to be Inſert in the Minutes, and Recorded in the Books of Parlia⯑ment, and thereupon takes Inſtruments.

Which Proteſtations being read, the ſeveral Proteſters took In⯑ſtruments upon their reſpective Proteſts.

And it was agreed, That the Members Votes be marked, and that a Liſt of their Names, as they ſhall Vote, be Printed and Re⯑corded, [177] and that, at calling the Rolls, the Adherers to the above reſpective Proteſts be marked; As alſo, the Lord Chancellor was allowed to have his Name Marked, Printed and Recorded as an Approver.

Then the Vote was put, Approve the firſt Paragraph of the Twenty Second Article of Ʋnion, or Not; and it carried, Approve. And the Earl of Caithneſs, the Viſcount of Stormount, the Lords Oliphant, Balmerino, Bargany and Kinnaird, John Brisbane younger of Biſhop⯑toun, Sir Humphrey Colquhoun of Luſs, Sir Patrick Murray of Anchter⯑tyre, John Murray of Strowan, James Ogilvie younger of Boyne, Ale⯑xander Macky of Palgown, James Sinclair of Stempſter, Alexander Robertſon, Alexander Duff, Francis Moliſon, Robert Scot, Archibald Sheils, Mr. John Lyon, Mr. John Carruthers, George Home, John Bayne, and Mr. Robert Frazer, Adhered to the Duke of Atholes Proteſt; and Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, Sir Hugh Cathcart of Carletoun, the ſaid John Brisbane younger of Biſhoptoun, Mr. William Cochran of Kilmaronock, Sir Humphrey Col⯑quhoun of Luſs, Robert Rollo of Powhouſe, Mr. James Carnagie of Phin⯑haven, David Graham of Fintrie, and the ſaid James Sinclair of Stempſter, Adhered to George Lockhart of Carnwaths Proteſt; and the Earls of Crawfurd and Galloway Adhered to the Earl of Buchans Proteſt.

Then the ſecond Paragraph of the ſaid Twenty Second Article, anent the calling of the Repreſentatives from Scotland to the Parliament of Great Britain, beginning thus, And that when Her Majeſty, &c. and ending, That the Names of the Perſons ſo Summoned and Elected, ſhall be returned by the Privy Council of Scotland, into the Court from whence the ſaid Writ did iſſue, was again read; And after ſome Rea⯑ſoning, an Explanation was offered to be added after theſe Words, According to the Agreement in this Treaty, viz. 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 ingroſſed in this Treaty. And after further Rea⯑ſoning, it was moved, That the Way and Manner of Chooſing the Repreſentatives for Scotland to the Parliament of Great Britain, be determined, and that a Clauſe to that purpoſe be ingroſſed in this Article. And after Debate, the Vote was ſtated, Approve of the ſecond Paragraph of the ſaid Twenty Second Article as above explained, Yea, or Not.

Whereupon it being moved to delay the ſaid Vote till next Sede⯑runt of Parliament, a previous Vote was ſtated, Proceed, or Delay; and it carried Proceed.

Then it was put to the Vote, Approve of the ſecond Paragraph of the Twenty Second Article of Ʋnion with the above Explanation above inſert, or Not.

And the Clauſe with the Explanation being thereupon again read, before Voting, the Earl of Abercorn gave in the following Proteſt, viz. ‘"I Proteſt againſt the ſettling the Repreſentatives of Scotland for the Parliament of Great Britain after a diſtinct manner, from what might be appointed by the Vote approving of the Two and [178] Twentieth Article: Becauſe I do not ſee clear into what may be the Conſequence thereof,’ and thereupon he took Inſtruments.

Then the Vote was put Approve, or Not; and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LIII.

The Affair of the Number of the Repreſentative, whether of the Nobility or Commons, was the Contents of the firſt Pa⯑ragraph now debated; How, and with what Difficulty, this part of the Equality was ſettled in England, has been noted al⯑ready, and the Reaſonableneſs of the Proportion duly ſtated there.

It was indeed urged again here, and ſeveral ways diſput⯑ed, but the Diſputes here ſeemed to look another way; And firſt it was vigorouſly oppoſed, That Scotland ſhould come to any Repreſentative at all; That her whole Parliament ſhould ſit in Conjunction with the Engliſh Parliament, and long Speeches were made on that Head; Some alledging, That it was Diſhonourable to Scotland to leſſen the Number of her Repreſentative, while England retained her intire Parlia⯑ment; Others again attempted to argue againſt the very Uniting of the Parliament at all, tho' that was forecloſed by the firſt Vote paſs'd on the Third Article—. 3. Others yet went into the Merit of the Cauſe, and to Examine the juſt Propor⯑tion of the Repreſentative, and theſe objected very vigorouſly, that the Numbers were not equal—; The Opinions were variouſly divided, as to the Foundation of a true Equality, upon what Principle an Equality of Proportions could be raiſed—; Some ſtating the Numbers of People to be the Teſt of the Repre⯑ſentative; others the Proportion of Taxes, ſome an Eſtimate from both; others alledged, there could be no juſt Rule laid down, how an equal Proportion of Repreſentatives could be made, to ballance a Kingdom that is not IT SELF equally repreſented, and that before England had required Scotland to reduce their Re⯑preſentative to a juſt Proportion to her, ſhe ought to have reduced her own Repreſentative to a juſt Proportion to her ſelf, either in Number of People, or Payment of Taxes, neither of which, as they alledged, were at all regarded in the Engliſh Repreſenta⯑tive; That it was the Complaint in England, and ſeveral had wrote very warmly upon that Subject, that their Taxes were not equally Levyed, or their People equally Repreſented; and it was unreaſonable to talk of proportioning Scotland to a Country, whoſe Repreſentative was not in its ſelf equal.

There were ſeveral Anſwers given to this, the preſent Cir⯑cumſtances of both Nations in general ſeemed to be the tru⯑eſt Foundation of a Proportion, wherein, tho' the particular Towns in England might not be juſtly proportioned, yet the general might be equal, and thus, without enquiring, whe⯑ther [179] the parts of the Repreſentative were equally choſen in England, it might be a juſt Proportion, in having the whole brought to a State; And if the Number for Scotland bare the ſame Proportion to the Number for England, as the Num⯑bers of People, and Wealth or Payment of Taxes, joyntly conſidered, of the one part bare to the ſame Articles in the other, the Equality was then preſerved—.

It was remembred, That this had been fully debated in England, and that the Number was brought up to the high⯑eſt Proportion that England could poſſibly grant—; Mr. Seton, in his Speech printed in the Minutes herewith, Folio 79th, declared, it was above what Scotland ought to ex⯑pect, and that it was a full Proportion. Upon the whole, this firſt Clauſe was put to the Vote, and paſſed by it ſelf.

The Scruples on the ſecond Paragraph, as principally re⯑lating to the Manner of Iſſuing out the Writs for Electing the Members, when they ſhould be Choſen for the Parliament of Britain, I take no notice of here, referring that to the Time, when a ſeparate Act came to be debated in the Houſe for the ſaid Election. Of which in its place:

MINUTE LIV.

Wedneſday 8. January 1707.

Prayers ſaid,

Rolls Called,

Whereupon it being moved, That the four Proteſts given in the former Sederunt by the Duke of Athole, the Earl of Buchan, George Lockhart of Carnwath, and Walter Stuart, ought not to be inſert in the Minutes, nor to be Printed: After ſome Reaſoning thereon, The Earl of Marchmont gave in a Proteſtation againſt the ſaid four Proteſts, and took Inſtruments thereupon. And the Lord Chan⯑cellor, the Marqueſs of Montroſe Preſident of the Privy Council, the Duke of Argyll, the Marqueſs of Tweeddalc, the Marqueſs of Lothian, the Earl of Mar Lord Secretary, the Earl of Loudoun Lord Secretary, the Earls of Sutherland, Rothes, Mortoun, Roxburgh, Dalhouſſie, Findlater, Leven, Balcarras, Forfar, Kintore, Hyndford, Glaſgow Treaſurer Deput, Delorain and Ilay; The Lords Forbes, Elphing⯑ſtoun, Roſs, Torphichen, Fraſer, Banff, Rollo, the Lord Regiſter, the Lord Juſtice Clerk; Sir John Swinton of that Ilk, Sir Alexander Camp⯑bell of Ceſnock, Sir William Ker of Greenhead, Archibald Douglaſs of Cavers, Mr. John Murray of Bowhill, Mr. John Pringle of Hain⯑ing, William Moriſon of Preſtoungrange, George Baillie of Jerviſwood, William Douglaſs of Dornock, Mr. Francis Montgomery of Giffen, Mungo Grahame of Gorthie, William Seton younger of Pitmedden, [180] Alexander Grant younger of that Ilk, Mr. John Campbell of Mammore, Sir James Campbell of Auchinbreck, James Campbell younger of Ard⯑kinglaſs, James Halyburton of Pitcur, Alexander Abercrombie of Glaſ⯑ſoch, Alexander Douglaſs of Eagliſhaw; Sir Patrick Johnſtoun, Lieu⯑tenant Colonel John Areskine, John Mure, James Spitle, Sir Andrew Home, Mr. William Carmichael, Sir Alexander Ogilvie, Mr. John Clark, Mr. Patrick Ogilvie, George Allardyce, Mr. James Bethun, Daniel Campbell, Mr. Robert Douglaſs, Mr. Alexander Maitland, and Mr. Charles Campbell adhered thereto: And after long Reaſoning there⯑upon, the further Debate was adjourned till next Sederunt of Par⯑liament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LIV.

This affair of the four Proteſts being renewed the next Sederunt, I need make no Obſervations upon them; the Earl of Marchmount made a Counter Proteſt as per the Minut—; But all this did not obſtruct the paſſing the Article, nor any other of the Proceedings. As to the Subject of the four Pro⯑teſts, they ſhall come in in their Courſe.

MINUTE LV.

Thurſday 9. January 1707.

Prayers Said,

Rolls Called,

Then the Debate mentioned in the Minutes of the ſaid laſt Sede⯑runt was reſumed, in relation to the four Proteſtations given in the ſeventh inſtant by the Duke of Athole, the Earl of Buchan, George Lockhart of Carnwath, and Walter Stuart, and in relation to ano⯑ther Proteſtation againſt the ſame, given in the laſt Sederunt by the Earl of Marchmount.

And after Reaſoning, the Lord Balmerino gave in a Proteſt againſt that given in the former Sederunt by the Earl of Marchmount, and took Inſtruments thereupon; And the Duke of Hamilton, the Duke of Ashole, the Earls of Errol, Mariſchal, Buchan, Eglington, Wigton, Galloway and Selkirk, the Viſcounts of Stormount and Kilſyth, the Lords Semple, Oliphant, Blantyre, Bargany and Kinnaird, George Lockhart of Carnwath, Andrew Fletcher of Saltoun, Mr. William Cochran of Kilmaronock, Sir Humphray Colquhoun of Luſs, Robert Rollo of Powhouſe, John Murray of Strowan, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, Alexander Mackye of Palgown, Alexander Edgar, Alexander Duff, Francis Moliſon, Archibald Shiels, [181] Mr. John Lyon, Mr. John Carruthers, George Home and Mr. Robert Frazer adhered thereto.

And after ſome further Debate, it was agreed, that none of the above Proteſts be inſert at length in the Minutes, or printed, but that they be all Recorded and inſert in the Records of Parlia⯑ment.

Then the third Paragraph of the twenty ſecond Article of Union, beginning thus; And if Her Majeſty on or before the firſt day of May next, &c. and ending with theſe Words: And that Parliaments may continue for ſuch time only as the preſent Parliament of England might have continued if the Ʋnion of the two Kingdoms had not been made, unleſs ſooner diſſolved by Her Majeſty, was read.

And after reaſoning thereon, it was moved to add the following Clauſe thereto, viz. And that the ſaid Parliament of Great Britain ſhall meet and ſit once in three years, at leaſt, in that part of Great-Britain now called Scotland.

And after further Debate, there were two States of a Vote offered, the firſt in theſe Terms; Approve the third Paragraph of the twenty ſecond Article, or not: And the ſecond in theſe Terms, Add the above Clauſe, or not; And after Reaſoning which ſhould be the ſtate of the Vote, it was put to the Vote, Firſt, or Second.

And it was agreed, That the Members Votes ſhall be marked; and that the Liſt of their Names as they Vote be Printed and Re⯑corded, and the Lord Chancellor was allowed to have his Name Printed and Recorded as a Voter for the firſt State, and if that ſhall carry, as Voting among the Approvers.

Then the Vote was put, Firſt, or Second, and it carried Firſt: Thereafter the Vote was put, Approve the third Paragraph of the twenty ſecond Article, or not; and it carried Approve.

Then the reſt of the twenty ſecond Article of Union was read, and after ſome Reaſoning and reading of the Oaths to which it re⯑lates: An Overture was given in for an additional Clauſe for ex⯑plaining the Word Limitation mentioned in the Oath appointed to be taken by Statute 13. W. 3. Cap. 6.

And another Overture was given in, for exeeming perſons in any Office or Imployments in Scotland, from taking the Oath of Abju⯑ration mentioned in the ſaid Article.

And a third Overture for a Clauſe, That ſo long as the Act appoint⯑ing a Sacramental Teſt ſhall continue in force in England, all perſons in publick Truſt within the Limits of Scotland, ſhall ſwear and ſign a For⯑mula thereto ſubjoyned, in manner and under the penalties therein mentioned.

And after reading the ſaid three Overtures, and Reaſoning there⯑on, a Vote was ſtated; Approve of the twenty ſecond Article of Ʋnion as explained, or not.

But before Voting it was agreed, That notwithſtanding of the ſaid Vote, and that the Article ſhall be thereby approven, it ſhall nevertheleſs be intire and free thereafter to proceed on the ſaids [182] Overtures next Sederunt of Parliament, and to the Parliament to give their Sentiments thereon.

And it being thereupon moved to delay the Vote for approving the Article till next Sederunt.

A previous Vote was ſtated; Proceed, or Delay; and it carried Proceed.

Then the Vote was ſtated, Approve, or not.

But before Voting it was agreed, That the Members Votes be marked, and that the Liſt of their Names as they Vote be Printed and Recorded, and the Lord Chancellor was allowed to have his Name Printed and Recorded as an Approver.

Thereafter the Vote was put, Approve the twenty ſecond Article as explained, or not; and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LV.

The Debate about the Proteſtations of the Four Gentle⯑men above-mentioned, ended now, after ſome Heat, in Or⯑dering the Proteſtations to be Recorded and Enrolled in the Regiſters of Parliament, which ſatisfied all Parties.

It was very much enquired after, Why theſe Proteſtations ſhould not be made publick, ſince the Gentlemen that made them, did not concern themſelves to Conceal them; Some alledged, The Parliament behoved to enter into a Confutati⯑on of the Matter of the Proteſts, if they made them publick, and either to Approve or Cenſure them: Others thought, The publiſhing them might do Harm among the people; and that ſince the Parliament were now juſt at the End of the Work, it was better to keep them all Eaſie, than ſtart any new Diſpute. So the Proteſts were not publiſhed, but En⯑tered in the Rolls or Regiſters Office of the Kingdom of Scot⯑land—, from whence the true Copies of them are taken, and added in the Appendix to this Work No. L. M. N. O.

Then they went upon the Debate of Triennial Parlia⯑ments, included in the Third Paragraph of the Twenty Se⯑cond Article—, and ſome were very Urgent for a new Clauſe, as in the Minute—; But when the Gentlemen were put in mind, That by the very Words of the Paragraph, it was expreſly provided, That the Firſt Parliament of Great-Britain could ſit no longer than the next enſuing Seſſion, being the Termination of the Engliſh Parliament then in Beeing, and that by the Act then in Force in England, called The Triennial Act, every Parliament was to Terminate in Three Years; The Thing appeared already ſettled, and ſo admitted no further Debate, that Law being among others, continued by the Twenty Fifth Article; Of which in its or⯑der.

[183] It was very ſtrange, that notwithſtanding the Debates of this Day, and the expreſs Proviſion of the Treaty many People flattered themſelves with the Notion of the Parliaments con⯑tinuing to ſit, nor could it be beaten out of their Thoughts in England as well as in Scotland, till they ſaw the very Prepa⯑rations making for a new Election.

The Propoſal for Explaining the ſeveral Oaths to be taken by the Members of the Britiſh Parliament, was Oppoſed, not that there could be any concealed Oath, that was not known to the Members—; And the particular Oaths of Allegiance, the Declaration, and Abjuration were laid before the Houſe—, but the Gentlemen who thought fit to Op⯑poſe it, did it on this Foot, That they thought the Articles ſo expreſly directed to the particular Acts in which the ſaid Oaths were contain'd, and in which no other Oaths were ex⯑preſſed, that the Acts being named at large, and referred to, And the Cuſtom and Uſage of Parliament known, and pub⯑lick, there could be no poſſible Fraud, Miſtake, or Miſcon⯑ſtruction, but that it was this way as expreſly and directly pointed out, as if it had been Repeated in the Articles, Word for Word.

The Exception about the Limitation, mentioned in the 13. William III. Cap. 6. referring to the Qualification of the Succeſſors to the Crown, alſo will come to be ſpoken to again in its place.

The Overture about the Qualification of Perſons to Of⯑fices of Truſt, has been ſpoken to more than once already, and needs no further Obſervation at this Time.

MINUTE LVI.

Friday 10. January 1707.

Prayers ſaid,

Rolls Called,

Addreſs of Citizens, Burgeſſes, Trades, and other Inhabitants within the Town of Perth, Subſcribers of the ſame, againſt an Uni⯑on with England in the Terms of the Articles, given in and read.

Then the Overture for Exeeming Perſons in any Office or Imploy⯑ment in Scotland, from taking the Oath of Abjuration mentioned in the Twenty Second Article of Union, was again read; And, after ſome Reaſoning thereon, the Overture was paſt from.

Thereafter, the Overture for Additional Clauſe to the ſaid Twen⯑ty Second Article, for Explaining the Word Limitation mentioned in the Oath appointed to be taken by Stat. 13. W. 3. Cap: 6. was again read in theſe Terms, Like as it is Declared, That, by the Word Limitation in the Oath mentioned in the above Article, is only under⯑ſtood [184] Entail of the Succeſſion, and not the Conditions of Government up⯑on the Succeſſor; And that all Perſons of Scotland, who may be lyable to take the ſaid Oath, Swear it in that Senſe only.

And, after Reaſoning thereon, the Vote was put, Add the ſaid Clauſe, or not, And it carried, Not.

Then, the third Overture for a Clauſe to be added to the ſaid Twenty Second Article mentioned in the Minutes of the laſt Sede⯑runt, was again read in theſe Terms, And further, it is Agreed, That, ſo long as that part of the 2d. Act, Anno 25. Ch. 2d. Appointing a Sacramental Teſt ſhall ſtand, and continue in Force in England, all Perſons in Publick Truſt, Civil or Military, within the Limits of Scot⯑land, ſhall Swear and Sign the Formula under-written, within ſix Months after the Commencement of the Ʋnion: And all who ſhall be Admitted to any Publick Truſt thereafter, ſhall, before Exerciſing their ſaid Office of Truſt, Swear and Subſcribe the ſame, to be Adminiſtred by the Lords of Privy Council, or any one of them, under the like Penalties and Diſabilities, as are provided by the foreſaid Act made in the Par⯑liament of England.

Follows the Formula, I A. B. Do ſincerely and ſolemnly Declare, in the preſence of GOD, That I owne the Presbyterian Government of the Church, as by Law Eſtabliſhed in Scotland, to be a lawful Govern⯑ment of the Church; And that I ſhall never, directly nor indirectly, en⯑deavour the Subverſion thereof, nor any Alteration in the Worſhip, Diſ⯑cipline, or Government of the ſaid Church, as by Law Eſtabliſhed. So help me GOD.

And, after Reaſoning thereon, a Vote was ſtated, Add the Clauſe, or Not: But, before Voting, it was agreed, That the Members Votes ſhall be marked, and that a Liſt of their Names, as they Vote, be Printed and Recorded.

Then the Vote was put, Add the Clauſe, or Not, and carried, Not.

Thereafter, the Twenty Third Article of Union was read: And, after Reaſoning thereon, the further Debate was Adjourned till the next Sederunt of Parliament, to be then proceeded upon previous to all other Buſineſs, except a Proclamation to be then brought in, for prorogating the Dyet for the chooſing of Collectors and Clerks of the Supply in the ſeveral Shires of this Kingdom, and continuing the laſt Collectors and Clerks for the Term of Candleſmaſs next.

The Committee appointed to meet to Morrow at Ten of the Clock in the uſual place.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION LVI.

This whole Day was taken up in debating the Subject of the Word Limitation, mentioned in that Famous Act of 13th W. 3. in England—; Some had alledged, That, by that Act, if any Perſon took upon him the Crown of England, un⯑qualified by any of the Articles therein-named, the Allegiance [185] Sworn was not due, and that the Subject would be thereby obliged, by his Oath, to oppoſe ſuch Succeſſor; Others had declared the Limitations to mean nothing but an Entail of the Succeſſion by Parliament, without any Conditions of Go⯑vernment; and upon theſe ſeeming Uncertainties, the Per⯑ſons that moved this Clauſe demanded an Explanation; but it was, upon the whole, not thought proper to undertake any Explanation of an Act, which, as it ſtood, ſeemed ſuffi⯑cient to ſettle the Proteſtant Succeſſion, and could not hurt the preſent Scheme, ſince, ſo far as it might oppoſe any Branch of the Union, it was provided againſt in the Twenty Fifth Article; And to put any Conſtruction upon it, which might be inconſiſtent with the Engliſh Affairs, would be but to lay a Stumbling Block in the way of the Union, and there⯑fore this Project was alſo rejected.

The Affair of the Sacramental Teſt had been mentioned before, but never ſo plainly moved in Parliament as now; It had been moved in the Commiſſion of the Aſſembly, and great Endeavours had been uſed, to bring the Miniſters in, as Ob⯑jectors, and a Formula like this had been propoſed there, as is noted already, but it failed on their ſide; The Miniſters were, in the firſt place, not willing to meddle with Things of that Nature; And, ſecondly, As to the Formula, many of the Miniſters gave their Opinion, That they did not ap⯑prove of Impoſing any Oath, or Acknowledgment of the Church, as a Teſt of Civil Imployment; And, to have an Oath of Acknowledgment to the Church of Scotland be a Counter Teſt, was a Tacit Approbation of the Method practi⯑ſed in England, which they deteſted.

Others again were of the Opinion, That the Subjects of Scotland were already, by the Union, Exempted from the Sacramental Teſt in England by two ſeveral Clauſes—; 1. In that the Subjects of both Kingdoms were, by the Fourth Article of the Union, to enjoy equal Privileges and Encou⯑ragements—; And, 2. That, by the Adam for the Security of the Church Government, no Oath was to be Impoſed upon the Members of the Church of Scotland, con⯑trary to their Principles—; In arguing the firſt of theſe, it was alledged, That, if a Subject of Scotland taking the Sa⯑crament in the National Eſtabliſh'd Church of Scotland, ſhall not be capable of any Place of Preferment under the Government of Bri⯑tain, as well as a Subject of England taking the Sacrament in the National Eſtabliſh'd Church of England; Then, do not the Sub⯑jects of either Kingdom enjoy Equal Privileges—; And laſt⯑ly it was argued, That, by the laſt Article of the Treaty, the Sacramental Teſt might be underſtood to be actually Repeal⯑ed, as Contraveening the Equalities of the Treaty.

Upon theſe Debates it was thought, That, to meddle with this Matter, might do much more Harm than Good; And [186] therefore, it was firſt let fall without Doors, and now reject⯑ed within, and the Article paſs'd without it.

MINUTE LVII.

Monday 13. January 1707.

Prayers ſaid,

Rolls Called,

Then the Twenty Third Article of Union was again read, and after ſome Reaſoning, an Overture was given in for adding a Clauſe thereto in theſe Terms, With this expreſs Proviſion, That none of the Peers of Scotland ſhall have perſonal Protection within Scotland for any Debt owing before the Commencement of the Ʋnion.

As alſo another Overture was given in for adding a Clauſe there⯑to in theſe Terms, That all the Peers of that part of Great Britain, now called Scotland, Qualified according to Law, ſhall, after the Ʋni⯑on, have Right to Sit Covered in the Houſe of Peers of Great Britain, notwithſtanding that the Right to give Vote therein belongs only to the ſaid Sixteen Peers, who are to be Summoned in the manner appoint⯑ed by the preceeding Article.

And after Reaſoning upon the ſaid two Overtures, and upon two ſeparate Motions, the Firſt in relation to allowing all the Peers of Scotland to ſit upon the Tryal of the Peers of Britain; And the other in relation to their Precedency according to their Patents: The Vote was ſtated in theſe Terms, Approve the Twenty Third Article of Ʋni⯑on, or alter, reſerving intire the Conſideration of the above two Overtures, and whether the ſame ſhall be added to the Article, and it carried, Ap⯑prove.

Then the firſt Overture for the Clauſe, in relation to perſonal Pro⯑tection, was again read; and after Debate, it was put to the Vote, Add the Cauſe, or Not: And it carried, Not.

Thereafter, the ſecond Overture, or a Clauſe, in relation to all the Peers of Scotland, their ſitting Covered in the Houſe of Peers of Great Britain, was again read, and after Reaſoning, the Vote was put, Add the Clauſe, or Not.

But before Voting, it was agreed, That the Members Votes ſhall be marked, and that the Liſt of their Names, as they ſhall Vote, be Printed and Recorded.

Then it was put to the Vote, Add the Clauſe, or Not, and it car⯑ried, Not.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LVII.

The Debates of this Day related wholly to the Privileges of the Peers, and particularly to the differing Privileges [187] of thoſe who were to ſit in the Parliament of Great Britain, from thoſe who were not, i. e. for the time they were to ſit; Some would have had it, That thoſe that did not ſit, ſhould have no manner of Privilege, any more than as a Common⯑er, till ſuch time as they ſhould come to ſit by Election in the Houſe of Lords, and then thoſe that were formerly ſitting Peers, or Parliament Lords, became diveſted of all their Pri⯑vileges, unleſs they were of the New Election—; Some thought, the Gentlemen, who were of this Opinion, moved it chiefly, to bring the Peers into a Diſtaſte of the Union, (all other Hopes being now almoſt over, as to the Union on the Side of Scotland)—; And that the Nobility being thereby, as it were, degraded of their Characters, would think it too great a Hardſhip, and ſo fly off from the Treaty in general, or fly to ſome Extreme on the other Hand, make⯑ing ſome Demand which the Peers of England would not ſubmit to.

Others, it was thought, had this further View in the Pro⯑poſal, for Levelling the Scots Nobility that were not ſitting Peers with the Commons, That they deſigned to propoſe the unſitting Lords to be capable of being Elected into the Houſe of Commons, and ſitting in the Lower Houſe.

This was received with ſome Reſentment, as a great Diſhonour to the Peerage of Scotland, by ſome people, and eſpecially without Doors; The Engliſh were Upbraided with endeavouring to have it ſo—, in order to leſſen the Cha⯑racter of the Nobility of Scotland. But in this they wrong'd their own Judgment, as well as the Engliſh Nation, ſince, had ſuch a Thing been offered, it had been rejected in England, as Unequal and Injurious to the Equality we have been ſo often ſpeaking of, as the Ground of the whole Treaty—. Nor could it have been Conſented to in England, ſince it had been a bringing the Scots Nobility into too great an Influ⯑ence of Parliamentary Affairs, when Sixteen being already judged ſufficient; there might be now Sixty One Scots Lords in every Parliament, viz. Sixteen in the Houſe of Lords, and Fourty Five in the Commons; Which, when any Thing re⯑lating, eſpecially to the Nobility, or to the Privileges of one Houſe againſt the other, might turn the Ballance to this or that ſide, to the manifeſt Injury of the Conſtitution, which now conſiſts in the Equality of Powers and Privileges, and the due Limits ſet between each kind, to prevent their In⯑croachment upon one another.

But the Wiſdom and Modeſty of the Nobility of Scotland, prevented this—; and the Article had been ſo well con⯑ſidered at London, and was ſo warily Worded, that there was Room for little or no Exception on behalf of the Peers: For 1. As to Privileges, the Sixteen Peers, or the Peers of Parliament for the Time being, had effectually all the Privi⯑leges [188] of the Peers of England in the utmoſt Extent, and all the Privileges they ever after could receive, could not be received but in Common with the ſaid Sixteen; Nor could any Ex⯑ception be made to it, Whether in the Caſes of Parliamen⯑tary Privileges, or the perſonal Privileges in caſe of Trying of Peers, or being Tryed as Criminals.

2. The remainder of the Nobility enjoyed Privileges, every way equal to the Engliſh Nobility, excepting only, as it is in the Article, the Rights of ſitting in the Houſe of Lords, and the Privileges depending thereupon.

But the great Debates of this Day began upon this Clauſe, The Rights and Privileges of the Scots Nobility who were not Lords of Parliament for the Time being.

And Firſt it was moved to be excepted, That the ſaid Lords ſhould not enjoy the Privilege of perſonal Protection in Caſes of Debt, as is the Privilege of the Peers of England—; Some alledged they pleaded for the Honour of the Scots Nobility in this Head, that it was below their Dignity to be protected by their Titles againſt their juſt Obligations, and a Meanneſs they had all along Contemned, to plead the Privilege of their Houſe againſt the proceedings of the Law; That it was not agreeable to the true Intent and Meaning of Parliamentary Privileges, that this Privilege ſhould extend to thoſe that did not ſit in Parliament, ſince the Privileges of Parliament of this kind, were at firſt appointed to provide againſt any Im⯑pediment to ſitting in Parliament, that the Members of either Houſes ſhould on no pretence what ever, be hindred from the Service of their Countrey in Parliament—; And this could not be of any Signification in thoſe Peers that were not ſitting Members of the Houſe of Lords; That for the Scots Peers to claim Protection for their Perſons againſt their juſt Debts, was more than levelling their Perſons with the Com⯑mons, for it was ſetting them below the Commons, ſince no Man would then Truſt the Nobility in Matters of Debt, with⯑out ſome Commoner being Security for them, againſt whom they might have remedy at Law.

Theſe Objections had no little Weight, and this Privi⯑lege of the Perſons of the Peers in Caſes of Debt, ſeemed at firſt View, very grievous to Scotland, and ſome of the Peers themſelves looked upon it as Diſhonourable.

But when it was calmly Conſidered and Anſwered, That the Perſons of the Peers in England, are accounted Sacred on ſeveral Accounts, beſides thoſe of Debt—, that even the Government can not proceed againſt a Peer, but in an Ex⯑traordinary way, that no Warrant can be Executed in the Houſe of a Peer, but by Three Juſtices of the Peace—; And that there are ſeveral neceſſary Exemptions to the Peerage which this Privilege preſerves, beſides that of Debt—; And which, as they are the Hereditary Counſellors of the [189] Nation, and have frequently Great Truſts committed to, them—; And both are, and ought to be a great and ready Aſſiſtance to the publik Good, upon ſudden Emergencies, which, upon pretence of Arreſts and Attachments for Debt, may be prevented. That as to the Juſtice of Perſonal Pro⯑tection in caſe of Debt, it was Anſwered, Their Eſtates were not protected in ſeveral Caſes, only their Perſons—; And it was as Reaſonable to purſue the Eſtate, as the Perſon of the Debitor—, and eſpecially in Scotland, where the Law reaches the Effects of the Debitor, tho' on perſonal Bonds—. That as to the Credit and Honour of being protected againſt juſt Debts, it would be much more for the Honour of the Scots Nobility, that they gave all Men Notice, That they deſpiſed the Advantage of their perſonal Credit, and ſince they could not Sue a Nobleman, they might Decline Truſting them, and welcome: And for thoſe that were Truſted, tho' they could not be Sued, it was yet greater Reputation to them, that the principle of Honour in them was ſo well known, that Men would depend upon their Honour, where they could not otherwiſe oblige them to make payment.

Upon theſe, and the like Conſiderations, this Motion was Rejected, and the Scots Nobility by virtue of that Clauſe in the Twenty Third Article, And ſhall enjoy all other privileges of Peers, as fully as the Peers of England now do, or as they, or any other Peers of Great-Britain may hereafter enjoy the ſame; are protected in their Perſons and Eſtates as the Peers of England are—, whether they (the Scots Peers) are Peers of Parliament at that Time, or no.

The next Diſpute was, a Privilege demanded for the Peers of Scotland, that they, not being of the Parliament at that Time, might ſit in the Houſe of Lords Cover'd, &c. but not have any Right to Vote—; This was Urged many ways, either that they might have a Gallery to ſit in as Spectators, or that they might ſtand behind the Throne, as the eldeſt Sons of the Engliſh Peers may—; And either of theſe, was thought, might have been obtained—. But the main Deſign of bringing them in to be preſent at Debates, to Argue, Speak and Debate upon the ſeveral Matters that ſhould be brought before the Houſe, this was Oppoſed upon ſeveral Accounts; Firſt, As it was thought Impracticable, and an Invaſion of the Houſe of Peers as a Houſe, and what could not be obtained, if puſht at. Secondly, As it was thought an Inſignificant Thing, to have perſons to ſit and argue, who had no power to De⯑termine. And Thirdly, As it would be far from any Honour to the Nobility of Scotland, to be admitted into Debates, where they muſt always have the Mortification of being diſtinguiſhed, and like meer Solicitors, whoſe place is with⯑out the Bar, be allowed to Talk, and yet have no ſignification in a Queſtion—; But if the Houſe divided, be obliged to [190] ſtand all together like Mutes in an Alphabet, who have no ſound in the Expreſſion of a Syllable.

And thus ended the Debates of this great point, the Pri⯑vilege of the Peerage, and the Article received no manner of Alteration.

MINUTE LVIII.

Tueſday 14. January 1707.

Prayers Said,

Rolls Called,

Then the Twenty Fourth Article of Union was Read, where⯑upon a Memorial was given in for the Lyon King at Arms, in relati⯑on to his Precedency, which being Read, after Reaſoning, It was moved, That the Rank and Precedency of the Lyon King of Arms be left to Her Majeſty, and that next to theſe Words in the ſaid Ar⯑ticle, viz. And that the Quartering the Arms, theſe other Words, viz. And the Rank and Precedency of Lyon King of Arms of the King⯑dom of Scotland, be added.

And it being alſo moved, That his Rank ſhould be inſert in the ſaid Article, to be immediately next after, Garter principal King of Arms in England, after Debate it was put to the Vote, add the above Words, That the Rank and Precedency be left to Her Majeſty, or inſert the Rank and Precedency, and it carried add the Words.

Which being accordingly added, there was another Clauſe of⯑fered to be added to the ſaid Twenty Fourth Article, in theſe Terms, And the Crown, Scepter and Sword of State, Records of Parlia⯑ment, and all other Records, Rolls, and Regiſters whatſomever both publick and private, general and particular, and Warrants thereof, con⯑tinue to be keeped as they are, in that part of the Ʋnited Kingdom now called Scotland, and that they ſhall ſo remain in all time coming, not⯑withſtanding of the Ʋnion, which being Read, the ſame was agreed to be added, and was accordingly ſubjoyned, and the Article as amended read over.

Then the Vote was put, Approve of the Twenty Fourth Article of Union as amended, or not, and it carried Approve.

Thereafter the Twenty Fifth Article of Union was Read, and after Reaſoning thereon, the Vote was put, Approve of the Twenty Fifth Article or not, and it carried Approve.

Moved that a Dyet be appointed for conſidering the manner of Electing the Repreſentatives for Scotland to the Parliament of Great-Britain, and agreed that the Motion be intire next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LVIII.

[191]

The Debate of the Rank and Precedency of the Heraulds, and of the Quartering of Arms, the Standards and Colours was a Thing of no great Conſequence, nor could it be re⯑ferred to any Body better than to Her Majeſty; and therefore the Diſpute of this was not long.

The keeping the Honours, as they called them, in Scot⯑land, viz. The Crown, Scepter and Sword, was indeed a Material Point, at leaſt, as it had been made ſo by ſome Gentlemen, who had pretended to excite the Common People with Apprehenſions, That they were to be all carryed away to England, as Tokens of Surrendering the Sovereignty of Scotland to the Engliſh—; But, as no ſuch Thing was ever thought of in England, the Propoſal met with no Op⯑poſition; And ſome people thought, That not only the Enſigns of Royalty, but the Royalty it ſelf, Sovereignty and Govern⯑ment of Scotland, remain as intire, as the ſame Things reſpect⯑ing England remain intire, either Kingdom voluntarly con⯑ſenting to an Union of Power, an Union of Government, and of all Things needful to preſerve both.

The laſt Article, reſpecting the Abrogation of all Laws, which might be ſuppoſed to Contraveen the Treaty, met with no Oppoſition at all.

And thus this Weighty Affair was Finiſhed on the Side of Scotland, contrary, I believe I may ſay, to the Expectation of all the World, who were amazed to ſee a Thing of that Conſequence, and with Difficulties which ſeemed in themſelves inſuperable, ſo ſucceſsfully brought to a Cloſe; A Thing which had been ſo many Times attempted in vain; A Thing which had ſo often been ſet about, rather in a Show than Deſign of Ʋniting; And I think I may ſay, a Thing that never was heartily ſet about on both Sides before.

It had held the Parliament of Scotland a Long, a Troubleſome, a Dangerous, and I muſt owne a very Ʋncomfortable Debate, Step by Step, and Article by Article, from the Third of October to the Fourteenth of January, with very little Intermiſſion, for never was Buſineſs cloſer applyed, more ſtrenuouſly puſh'd, or more vigorouſly oppoſed.

The Work that remained (I mean to the Parliament) was but ſhort, and I ſhall do little more than relate the Fact, which will be found in the Minutes of Parliament—; And I ſhall ſet them down in their Order, omitting what relates to private Buſi⯑neſs, as not material here—; Since I can very ill ſpare Room for any thing, but what relates immediately to the Buſineſs, and agrees with the Title—

MINUTE LIX.

[192]
Wedneſday 15. January 1707.

Prayers ſaid,

Rolls Called,

Draught of an Act Ratifying and Approving the Treaty of Uni⯑on of the two Kingdoms of Scotland and England, given in and offered to be Read.

Whereupon it was moved, That the Parliament ſhould firſt pro⯑ceed to the Conſtitution of the manner of Electing the Repreſenta⯑tives for Scotland to the Parliament of Great Britain, and either now to determine that Matter, or to appoint a Dyet for that End.

And after Debate the Vote was ſtated, Proceed to the Ratification of the Treaty of Ʋnion, and Act for Security of the Proteſtant Religion and Presbyterian Church Government, or to the Conſtitution of the man⯑ner of Electing the Repreſentatives for Scotland to the Parliament of Great Britain.

But before Voting, It was agreed, That, in caſe it ſhall carry to proceed to the Ratification, the Parliament will immediately, after paſſing the Act of Ratification, proceed to the Conſtitution of the manner of Electing the Repreſentatives for Scotland.

Then the Vote was put, proceed to the Ratification or Conſti⯑tution, and it carried Ratification.

Thereafter the Draught of the Act, Ratifying, Approving, and at length Narrating the Articles of Union as Enlarged, Explained and Amended, and the Act for Security of the Proteſtant Religion and Presbyterian Church Government, was Read.

And after ſome Diſcourſe, it was put to the Vote, Mark a firſt Reading on the Act or not, and it carried, Mark a firſt Reading; and accordingly a firſt Reading was marked thereon.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LIX.

The Articles were now gone through, and finiſhed as before—, yet there remained two Things to be done in or⯑der to Compleating the Affair, ſo far as referred to Scotland; One was to paſs the Act of Security for the Presbyterian Church Government in Scotland, which was to be Ingroſſed and Inſerted in the Body of the Act of Union, & made a part of it—; And then, to paſs in Parliament ſome ſubſequent Acts, which being previous to the Treaty, or depending upon it, ought to be Finiſhed in Parliament before the Union, and would be of Courſe Confirmed by it, by virtue of the Eigh⯑teenth Article, Continuing and Confirming all Laws and Acts then in Force, except ſuch only as came within the Reach of [193] the Twenty Fifth Article, viz. Such as were contrary to, and inconſiſtent with the Union.

Theſe were, 1. An Act to Settle and Determine the Con⯑ſtitution of the Manner of Electing the Repreſentatives for Scotland in the enſuing Parliament of Great Britain. 2. An Act for Plantation of Kirks, a Thing long wanted in Scotland, together with the Valuation of Teinds or Tithes, and about the Reverſions of Kirk Lands. 3. For the Settling the pub⯑lick Debts, Diſpoſing and Appointing the Equivalent, i. e. The Payment of it according to the true Intent of the Treaty, Adjuſting the Affair of the African Company, &c. which was now under Reference to a Committee.

Theſe Things were neceſſary Adjuncts to the Treaty—; But as the Act of Union it ſelf was the Foundation, on which all theſe Things were depending, and that there was a great deal yet to be done to it, viz. To be Ingroſſed and paſs'd into an Act, and ſent to London; The Interval of Time, after the main Affair ſhould be diſpatched, was thought the proper Seaſon to Settle, Paſs and Enact all theſe Things; wherefore they reſolved to go firſt to Work with the Act, and that no Time might be loſt, the Act had been drawing up, with all the Amendments to every Article, as they had paſs'd in the Houſe, and was ready to preſent to the Houſe this Day—; And, as per the Minute, obtained a firſt Reading, all other Buſineſs being delayed—.

MINUTE LX.

Thurſday 16. January 1707.

Prayers ſaid,

Rolls Called,

Draught of the Act, Ratifying and Approving the Treaty of Ʋnion of the Two Kingdoms of Scotland and England, Read a ſecond time.

Then the Act for Security of the Proteſtant Religion and Presbyteri⯑an Church Government, which is Inſert in, and Ratifyed by the above Act, was touched with the Royal Scepter by Her Majeſties High Commiſſioner in the uſual manner.

Repreſentation and Petition of the Commiſſion of the General Aſſembly of the Church of Scotland given in and Read.

And after Reaſoning upon the Act and Repreſentation, the Vote was ſtated, Approve of the Act or Not.

And before Voting, It was agreed, That the Members Votes be Marked, and that the Liſt of their Names, as they Vote be Printed and Recorded, and the Lord High Chancellor was allowed to have his Name Marked, Printed and Recorded as an Approver.

[194] Likeas a Proteſt was given in for the Duke of Douglaſs, and read in theſe Terms. ‘"We Underſubſcribers, Tutors, Teſtamentars to his Grace the Duke of Douglaſs, whereof Three is a Quorum, in Name and Behalf of the ſaid Duke; Foraſmuch as, his Grace the Duke of Douglaſs, and his Heirs, has, by their Inveſtitures and Honours of the Eſtate of Douglaſs, (in Conſideration of the Great and Faithful Services done and performed to this Crown and King⯑dom by his Anceſtors) provided to them the Honour of L [...]g the Van of the Arms of Scotland in the Day of Battel, the Carry⯑ing of the Crown of Scotland in Proceſſions, and giving the firſt Vote in all Parliaments, Councils, or Conventions in Scotland; And ſicklike, by the Twentieth Article of the Union, all Heritable Offices are reſerved to the Owners, as Rights of Property, in the ſame manner as they are now enjoyned by the Laws of Scotland, notwithſtanding of this Treaty; Whereby his Graces foreſaid Offi⯑ces and Privileges, by Parity of Reaſon and Juſtice, ought to be preſerved. Yet, ſeing the intire Union of the Two Kingdoms will be attended with an Union of their Arms, Crowns and Coun⯑cils, whereby his Graces Offices and Privileges may ſeem to be of more difficult Explication, his Graces Tutors and Guardians, in his Pupillarity, do now, before the Treaty be Ratified in this Parliament, judge it indiſpenſibly their Duty, for his Graces In⯑tereſt, in his Name and theirs Underſubſcribers, as Tutors to him with all Humility, to Proteſt, That rhe ſaid Treaty may not, in any ſort, prejudge the Honours and Privileges belonging to his Grace and Succeſſors, which have been the Glorious Rewards and Ma [...]ks of Honour to the Illuſtrious Families of Douglaſs and Angus for their Loyalty, Great and Faithful Services to the Crown and Kingdom of Scotland [...] [...] Proteſt may be Receiv⯑ed and Marked in the [...] Records of Parliament.’

As alſo, Another [...] was given in by the Duke of Hamilton in theſe Terms, ‘"Foraſmuch as, there is a Proteſtation made in Be⯑half of the Duke of Douglaſs, in relation to his Pretenſions of having the firſt Seat and Vote in Parliament: Which Proteſtati⯑on being altogether Groundleſs, Therefore, I James Duke of Ha⯑milton d [...] Proteſt in the contrary, in regard, that none of the ſaid Duke of Douglaſs his Predeceſſors has, or enjoyed any ſuch Privi⯑lege, ſince there were Dukes or Marquiſles Created in Scotland, and my Prodeceſſors were Dignified with Patents of Marquiſs and Duke ſucceſſively, long before he or his Predeceſſors had the ſame. Se⯑condly, William Earl of Angus, the ſaid Duke his Predeceſſor, did, upon the Fourth Day of June One Thouſand Six Hundred and Thirty Three Years, Reſign all Right and Claim, that he, or his Predeceſſors, or Succeſſors, had, or ſhould have to that Privilege of firſt Sitting and Voting in Parliament, in His Majeſties Hands: Which Reſignation is Regiſtrate in the Books of Parliament, the Twentieth Day of the ſaid Moneth of June One Thouſand Six Hundred and Thirty Three Years. Thirdly, I and my Predeceſ⯑ſors have been in continual Poſſeſſion of having the firſt Seat, [195] and of firſt Voting in Parliament, and have been firſt Called in the Rolls of Parliament paſt Memory of Man: And upon this Proteſtation I take Inſtruments, and deſire the ſame to be Inſert in the Records of Parliament.’

And the ſeveral Proteſters, or Ingivers, took Inſtruments upon their reſpective Proteſts.

Then the Vote was put, Approve of the Act, Ratifying and Ap⯑proving the Treaty of Ʋnion of the Two Kingdoms of Scotland and Eng⯑land, Yea or Not, and it carried, Approve.

And the Act was thereafter Touched with the Royal Scepter by Her Majeſties High Commiſſioner in the uſual manner.

The Committee appointed to meet to Morrow at Nine of the Clock.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION LX.

The Act for the Union admitted now no Debate, the Articles having been Voted and Approved One by One, as is ſeem at large; So there was nothing to do, but to put the Queſtion upon, and to mark it a ſecond Reading, ac⯑cording to the cuſtom of the Parliament of Scotland.

The Church Act was to be inſerted in the Body of the Act of Union, as a part of the Treaty, and yet it was to be paſſed into an Act by it ſelf, and Touched by the Scepter in Form as an Act of Parliament, before the Act of Union was paſſed, AND IT WAS ACCORDINGLY DONE SO, As per the Minute; So that the Act for the Eſtabliſhment of the Church of Scot⯑land, received a double Sanction in this Parliament; It was not Enacted ſingly by the Union, as an Effect of the Treaty, but was Eſtabliſhed by a Law before the Union, and again Repeated in the Body of the Treaty of Union, as a Ratifica⯑tion only or Recognition of what before was an Eſtabliſhed Law of the Kingdom.

Of the firſt Repreſentation and Petition of the Commiſſi⯑on of the General Aſſembly. I have ſpoken already at large; There was ſome little Debate about it now, but it made no Alteration in the Act of the Church, but it paſt as it had been before ſettled.

However, that it may be ſeen what Addition was made to the firſt Overture, I have added both the Overture as firſt given in, and the Act as it was paſſed in Parliament, and what more was required, will be ſeen in the Repreſentation of the Commiſſion; All which are added in the Appendix.

It is to be obſerved here, That there was a ſecond Re⯑preſentation and Petition preſented to the Parliament this Day from the Commiſſion of the General Aſſembly, upon the following Occaſion.

[196] The Church of Scotland having been effectually ſecured by an Act of Parliament, called, The Act of Security, &c. and which was made a part of the Act of Union, as appears in its place; There was a Clauſe added in the End of the Act of Union, in theſe Words; Declaring nevertheleſs, that the Par⯑liament of England may provide for the Security of the Church of England, as they ſhall think Expedient, to take place within the Bounds of the ſaid Kingdom of England, and not Derogating from the Security above provided for Eſtabliſhing the Church of Scotland within the Bounds of this Kingdom, which ſhall not Suſpend or Derogate from the Force and Effect of this preſent Ra⯑tification, but ſhall be underſtood as here included, without any neceſſity of any new Ratification in the Parliament of Scotland.

This was called, an Eſtabliſhing the Church of England with the Hierarchy of Epiſcopacy and Ceremonies of the Church of England, by the Presbyterian Church of Scotland, I have for the more direct Underſtanding this Part, given the ſaid Repreſentation and Petition in the Appendix No. K x. with the Reaſons at that Time given for it, to which I re⯑fer.

I could not ſuffer the two Proteſtations of the Families of Douglaſs and Hamilton, to be Omitted in the Minutes, tho' with reſpect to the length of this Work, I have Induſtriouſly ſhun'd private Affairs, but the Honour of Leading the Van of the Scots Armies, which theſe Families Contended for, might give both the Kingdoms a Remembrance of what the Union has delivered them from, ſince theſe Armies were only ſuch as within the Bowels of this poor Iſland Fought with, and ſhewed their Courage, in Butchering and Deſtroying one ano⯑ther, a Thing, its hoped, is now effectually put to an End.

The Affair of War is now carried Abroad, againſt the an⯑cient profeſſed Enemy of all Proteſtant Powers, where the Engliſh and Scots Valour need no more Contend, but Unite to⯑gether, to Overthrow their Foreign Adverſaries—, a Conteſt, which if they had been United in, as they are now, in for⯑mer Ages, perhaps Europe had paid Honours enough to Us before now, as to the greateſt Nation in the World.

[197]

This is the Famous Day to Scotland, in which She ſet Her Signal to the Union of Great-Britain; We ſhall now make a ſhort Digreſ⯑ſion, to Enquire how it went on in the Parliament of England, and what Reception it met with there, which, becauſe it is but very ſhort, I ſhall bring in here, and adjourning the Minutes a little, ſhall return to them again in their Courſe.

Of the Act of Ratification after it was paſt in the Parliament of Scotland, till the Exemplification of it was returned from the Parliament of England.

The Parliament of England being to be the Finiſhers of this great Work, and the Parliament of Scotland not Meeting till it was late enough in the year, viz. the ſecond of October; The Engliſh Par⯑liament were by ſmall Adjournments, put off, as long as it was poſſible the publick Affairs of England could permit, and longer than any Parliament ſince the Revolution had been delayed, not ha⯑ving Met till the Third of December—, when the publick Buſineſs admitting no more delay, they came together:

It is worth Obſervation, that this was a ſtrange concurring Juncture, a Critical Moment, as it may be called, in which Provi⯑dence ſeemed to bring every Thing together, that could Propagate the Great Affair of the Uniting the Kingdoms; And which it may not be Improper to Notice in this place, becauſe at the Opening of this Seſſion of the Engliſh Parliament, the Queen Her ſelf took No⯑tice of it.

The Campaign Abroad had Ended in the moſt Glorious manner for the Confederates, that could be deſired, and above all manner of Expectation, the French had received three Blows that very Sum⯑mer, enough to Overthrow the greateſt Empire in the World; One under the Conduct of the Earl of Peterburgh, with the Engliſh Forces and Fleet in the Mediterranean, Relieving the City of Barce⯑lona, and cauſing the French with the Loſs of all their Cannon and Ammunition, to raiſe the Siege; One under the Command of the Duke of Marlborough, being the great Victory at Ramellies in Flan⯑ders; And the laſt under the Command of Prince Eugene of Sa⯑voy, at Turin. In all which Actions, it was Calculated, that the French loſt, Slain in Action, Taken Priſoners, Deſerted, and Dead of their Wounds, above 100000 Men, with 300 pieces of Cannon and Mortars, and other Spoil without, and indeed paſt all manner of Account.

There are two Reaſons, why I take this Occaſion to mention this here—, and both are Introductory to the preſent Affair.

There could be but two kinds of Enemies Abroad, to the Union, and theſe were the French, or the Dutch.

As to the Dutch, they were now in ſo cloſs a Confederacy with England, and their whole Concern as to the War, was ſo involved together, that there was no Room for any publick Differences about it. Nor indeed could the Dutch have put in any rational Objection againſt it, to either Side, if the Intereſt of Holland Claſht with the Union upon any ſort, it was only with reſpect to Trade; and tho' they might perhaps on that Score, have ſome Reaſon to be Jealous of it, as what might ſome Time or other Claſh with them in the Fiſhing and Eaſtern Trades, yet they could have no pretence to concern themſelves publickly and Nationally againſt it. And as for private Negotiations to Embarraſs or prevent it, tho' as I have been Informed, they were once or twice conſidering of it, yet they never thought fit to meddle, whether it was that they ſaw no proſpect of ſucceeding in it, or that they were not willing to do any thing at that Time, that ſhould give an Uneaſineſs to Eng⯑land, or not, I ſhall not pretend to Determine.

2. The French, theſe had no doubt Stomach enough to it, and had Tools enough to work with; And I muſt own, had they but made the leaſt Attempt, they had effectually broke up the Treaty for that Time; But GOD had tyed their Hands, and Cut them out other Work, they were beſet and Embarraſt on every Hand, and had no Leaſure to look this way; Nor, if they had had Leaſure, had they Men or Money then to ſpare, being Imployed with all their Power and Diligence, to Recruit their Troops, and Reſtore their own Affairs.

And I cannot but Record this, as a ſingular Hand of Heaven, in the Affair of the Union; For tho', when the next year the French did make an Attempt upon Scotland, when their Affairs being bet⯑tered after their Succeſs in Spain, they thought themſelves in a Condition for it—, they found it too late; And that the Op⯑poſers of the Union were ſettled, and would not appear for them—, yet I muſt ſay, had they made that Attempt at the Time of this Treaty, whatever they might have done in the End, to⯑wards Opening the Eyes of the People, and Reſtoring them to their Senſes, they had certainly put all the Nation into the utmoſt Con⯑fuſion for the Time, and effectually have broken up the Treaty.

The Parliament of England was now Met December 3. 1707, & the Queen Opened the Seſſion with the following Speech, which I Inſert here, as it refers to the Treaty of Union, and alſo as it Hints at the Succeſſes I mentioned above.

[199]

The QUEEN's Speech to the Parliament of England.

On Tueſday the Third of December, 1706.
My Lords and Gentlemen,

I Hope We are all Met together at this Time, with Hearts truly Thankful to Almighty GOD for the Glorious Succeſſes, with which He has Bleſſed Our Arms and thoſe of Our Allies through the whole Courſe of this Year, and with Serious and Steady Re⯑ſolutions to Proſecute the Advantages We have Gain'd, till We Reap the Deſired Fruit of them, in an Honourable and Durable Peace.

The Goodneſs of GOD has brought this Happy Proſpect ſo much nearer to Us, that if We be not wanting to Our ſelves, We may, upon good Grounds, Hope to See ſuch a Ballance of Power Eſta⯑bliſht in Europe, that it ſhall no longer be at the Pleaſure of one Prince to Diſturb the Repoſe, and Endanger the Liberties of this Part of the World.

A Juſt Conſideration of the preſent Poſture of Affairs, of the Circumſtances of Our Enemies, and the good Diſpoſition of Our Allies, muſt needs Excite an Uncommon Zeal, and Animate Us to Exert Our Utmoſt Endeavours at this Critical Conjuncture.

Gentlemen of the Houſe of Commons,

As I am fully Perſwaded You are all of this Mind, ſo I muſt Ear⯑neſtly Deſire You to Grant Me Supplies ſufficient for Carrying on the War next Year in ſo Effectual a Manner, that We may be able to Improve every where the Advantages of this Succeſsful Campaign: And I Aſſure You I ſhall make it my Buſineſs to See All You Give Apply'd to thoſe Ends with the greateſt Care and Management.

My Lords and Gentlemen,

In Purſuance of the Powers Veſted in Me by Act of Parlia⯑ment both in England and Scotland, I have appointed Commiſſio⯑ners to Treat of an Union between the Two Kingdoms, and tho' this be a Work of ſuch a Nature, as could not but be at⯑tended with great Difficulties, yet ſuch has been the Application of the Commiſſioners, that they have Concluded a Treaty, which is at this Time before the Parliament of Scotland; And I Hope the Mutual Advantages of an Entire Union of the Two Kingdoms will be found ſo apparent, that it will not be long before I ſhall have an Opportunity of Acquainting You with the Succeſs which it has Met with there.

Your Meeting at this Time being Later than Uſual, I cannot Conclude, without Earneſtly Recommending to You to Give as [200] much Diſpatch to the Publick Affairs, as the Nature of them will Admit, it being of the Greateſt Conſequence, that both Our Friends and Our Enemies ſhou'd be Fully Convinced of Your Firmneſs, and the Vigour of Your Proceedings.

I ſhall not meddle here with any of the Proceedings of the Par⯑liament of England in their own Affairs, they having no relation to the Caſe in Hand; Only make this ſhort Remark, That, not⯑withſtanding the Lateneſs of their coming together, the Occaſion of which was known to be to attend the Debates of the Parliament of Scot⯑land, they fell ſo heartily about their Buſineſs, and went on ſo ſmoothly in every Thing, that they got the Land Tax Bill paſt ra⯑ther ſooner in it than it uſed to be in any former Parliaments—; And before Chriſtmaſs, had not only the Land Tax, but ſeveral other of their Publick Funds ſettled, and in an unuſual Forward⯑neſs—, which is a Confirmation of the Extraordinary Diſpoſiti⯑on, which, as I have noted, appeared in England at this time, and of which we ſhall ſee further Inſtances preſently.

It was the Sixteenth Day of January, that the Ratification of the Union paſs'd in Scotland; On the Eighteenth the Duke of Queensberry diſpatch'd it away by an Expreſs; There were ſeveral Gentlemen who contended for the Honour of Carrying it up to the Queen, but, to avoid giving any Offence, it was ſent by an ordinary Courrier or Expreſs.

As ſoon as it came to the Queen, Her Majeſty cauſed it to be laid before both Houſes, that, tho' it was firſt to paſs one Houſe, and then the other, yet the particular Houſes might be upon the ſeveral Articles together.

Great was the Expectation in both Kingdoms from theſe De⯑bates of the Engliſh Parliament, and in Scotland, the Fears on one Hand, and the Hopes on the other, are not to be expreſs'd—, but the Houſe of Commons deceived both Sides.

On the Twenty Second of January it was read in the Houſe of Commons—. and as the beſt way to go thro' the whole, they ordered every Article to be Read and Voted upon ſingly in the Committee of the whole Houſe.

It may perhaps ſurprize Poſterity, when the Debates, Diſputes, Heats and long Speeches, which theſe Articles occaſioned in Scotland, come to be read—, and they ſhall come to underſtand, that, in the Houſe of Commons in England, every Article paſs'd one by one after the Sedateſt Reading, Calmeſt Conſidering, and Leaſurely Pro⯑ceeding, without any Oppoſition, Amendment or Alteration, no not in the leaſt.

There was ſome ſmall Oppoſition againſt it in general in the Houſe of Lords—, but no Amendment offered to any particular Article, nor any thing conſiderable objected; what was objected ſeems generally contained in ſome Proteſts, and Reaſons given in by the Perſons Proteſting againſt it, which were but few, and not much noticed.

[201] At the ſame time that the Articles were Reading in the Houſe of Commons, an Act was alſo prepared by the Biſhops, to whom that Affair was referred for Security of the Church of England, to be paſſed in the Parliament, and then Ratified, by being Inſerted in the Body of the Act of Union, as the Act for the Security of of the Church of Scotland had been done before.

This had been ſo far provided for by a Blank left in the Treaty of Ratification to which, ſo far as it concerned the Security of the Church of England only, the Parliament of Scotland declared themſelves to aſſent, as if it was expreſſed; And this was thought but juſt, the Parliament of Scotland having had the Drawing up, and Wording of their own Act of Security themſelves, tho' ſome People made loud Objections againſt this, as a plain Eſtabliſhing Epiſcopacy in England by the very Parliament of Scotland.

It was indeed leaving the Thing as Self-exiſtent, as it was poſ⯑ſible, it was abſolutely neceſſary, That the Treaty of Union ſhould be Ratified by either Kingdom—; But, as to the Acts ſeverally Eſtabliſhing the reſpective Churches, they were the diſtinct Act and Deed of either Kingdom: And, if the Scots may be ſaid to have Conſented to Eſtabliſh Epiſcopacy, it is every whit as plain, That the Engliſh have Eſtabliſh'd Presbytery in Scotland, with this fur⯑ther Diſtinction, That what has been done in Scotland, is an Act of the State only, in England both Church and State have given their Sanction to the Eſtabliſhment of the Presbyterian Church of Scotland, the Biſhops being the Repreſentatives of the Church of England in this Caſe—; At the ſame Time, I think the Matter clear, That, with reſpect to Union, their Eſtabliſhment is Recipro⯑cally ſecure, and either Kingdoms cannot now put their Hand to the Weakening or Injuring the Eſtabliſhment of the other, without ſetting, at the ſame time, its Hand to the Deſtruction of its own Conſtitution.

This Act for the Security of the Church of England, ſeems to be the exact Copy of the Act for Security of the Church of Scotland, with the neceſſary Alterations only of Names, &c. A Teſtimony indeed unexpected to the Sufficiency of the Act of Security for Scot⯑land, in that the Church of England Divines being left to their full Liberty to make their Conſtitution as ſafe as it was poſſible to be, contented themſelves with the very ſame Model which the Scots had paſs'd for themſelves, as the beſt and compleateſt Security they could deviſe—, which they that cavilled ſo much at the Securi⯑ty of the Act in Scotland as inſufficient, might have received great Satisfaction from, if they had thought fit—.

The Copy of this Act in England is added in the Appendix, No. H. xx.

I need not Count Days, nor Enter into the Minutes of this Affair in the Engliſh Parliament; It may ſuffice to tell the Reader, That the whole Act paſs'd both Houſes by the Fourth of March, and the Queen paſs'd it on the Sixth: It was deſigned to have delayed the paſſing it to the Eighth, which was the Day of Her Majeſties [202] coming to the Crown; That ſo the Day might have been doubly Remembered, for the Commencement of Her Majeſties Reign over the Three Kingdoms firſt, and then over the United Kingdom of Britain; But Her Majeſty, not willing to delay a Thing which the whole Iſland waited ſo much for, and had their Eyes upon, went to the Houſe of Lords on the Sixth of March, and having paſs'd the Bill, made the following Speech, with which I think I may cloſe this ſhort Period of the Union, I mean its paſſing in Eng⯑land. ‘There was ſome Oppoſition made to the Articles in the Houſe of Lords in England, and ſome Lords Proteſted againſt the ſeveral Articles, and ſome againſt all of them—; But the Houſe of Lords in England having expreſly forbid the Printing any of the Proceedings of their Houſe, I cannot enter upon the Hiſtorical Part of it; I hope ſomething like an Abridgment of ſome Matters, &c. may be found in the Ap⯑pendix, No. A xx.’

The QUEEN's Speech to the Engliſh Par⯑liament, at the Paſſing the UNION.

My Lords and Gentlemen,

It is with the greateſt Satisfaction, that I have given my Aſſent to a Bill, for the Uniting England and Scotland into one Kingdom.

I conſider this UNION as a Matter of the greateſt Importance to the Wealth, Strength and Safety of the whole Iſland; And at the ſame time, as a Work of ſo much Difficulty and Nicety, in its own Nature, That, till now, all Attempts which have been made toward it, in the Courſe of above an Hundred Years, have proved ineffectual: And therefore I make no doubt, but it will be remem⯑bred and ſpoke of hereafter, to the Honour of thoſe who have been Inſtrumental in bringing it to ſuch an Happy Concluſion.

I deſire and expect from all my Subjects of both Nations, That, from henceforth, they Act with all poſſible Reſpect and Kindneſs to one another, That ſo it may appear to all the World, they have Hearts diſpoſed to become one People.

This will be a great Pleaſure to Me, and will make Us all quickly ſenſible of the good Effects of this UNION.

And I cannot but look upon it as a particular Happineſs, That, in My Reign, ſo full a Proviſion is made for the Peace and Quiet of My People, and for the Security of Our Religion, by ſo firm an Eſta⯑bliſhment of the Proteſtant Succeſſion throughout Great Britain.

Gentlemen of the Houſe of Commons.

I have this Occaſion to Remind You of making effectual Proviſion for the Payment of the Equivalent to Scotland, within the time ap⯑pointed [203] by this Act; And I am perſwaded You'll ſhow as much Readineſs in this Particular, as You have done in all the other Parts of this great Work.

My Lords and Gentlemen,

The Seaſon of the Year being now pretty far advanced, I hope You will continue the ſame Zeal which has appeared throughout this Seſſion, in diſpatching what yet remains unfiniſhed of the Publick Buſineſs before You.

It took up ſome time in England, to Ingroſs and Inroll, and make Copies of this great Tranſaction, the Original of which was to be Lodged in the Tower of London, and an Exemplification under the Great Seal of England, to be ſent down to Scotland, to be again Read in Parliament there, and then laid up in the Regiſters and Rolls of Parliament in perpetuam rei memoriam.

I muſt now return to the Minutes of the Parliament, where ſe⯑veral Things ſubſequent to the Treaty, but really abſolutely ne⯑ceſſary to its Exiſtence, was to be Finiſhed, and which took them up the Time between the ſending up the Ratification, and receiving down the Exemplification, as above.

The Minutes of the Parliament of Scotland continued.
MINUTE LXI.

Monday 20. January 1707.

Prayers Said,

Rolls Called,

Upon Reading of the Minutes, it was Moved to inſert therein the Petitory part of the Repreſentation and Petition of the Com⯑miſſion of the General Aſſembly of the Church of Scotland, menti⯑oned in the ſaid Minutes. And after Debate thereon, the Vote was ſtated, Inſert the Petitory part of the ſaid Repreſentation and Petition, Yea, or Not.

And after further Debate, the Duke of Hamilton made a Motion for a State of a Vote, wherein the Petitory part of the ſaid Petition was repeated; But that State of the Vote being reclaimed againſt, as yielding the Queſtion, the Duke of Hamilton proteſted, That he having made Motion, and being ſeconded, it was againſt the Rule of Parliament to refuſe a Vote; and to inſert his Motion in the Minutes.

Then the Vote was put Inſert the Petitory part of the above Repre⯑ſentation and Petition in the Minutes, Yes or Not. And it carried Not.

[204] Thereafter it was moved, That conform to the Minutes of the fifteenth of January inſtant, the Parliament proceed to conſider the manner of electing the Repreſentatives for Scotland to the Parlia⯑ment of Great-Britain: Whereupon a Reſolve was given in and Read in theſe Terms, Reſolved that the ſixteen Peers, and fourty five Commiſſioners for Shires and Burrows, who are to be the Members to the firſt Parliament of Great-Britain, for and on the part of Scotland, be choſen out of this preſent Parliament: And that the Members ſo choſen, be the Members of the firſt Parliament of Great-Britain, if Her Majeſty ſhall declare on or before the firſt day of May next, that the Lords and Commons of the preſent Parliament of England, be the Members of the firſt Parliament of Great-Britain, for and on the part of England.

And after Reaſoning thereon, the further Debate was adjourned till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LXI.

It was not very eaſie to know the Reaſon, why they de⯑ſired the Petitory part, as they called it, of this Paper to be inſerted in the Minutes—; Some were of the Opinion, it was to ſhow the Nation, That the Oppoſers of the Union were Friends to the Church, and that they would have it ap⯑pear, they ſtood up for the Church of Scotland—; Others thought it was with deſign to Expoſe the Presbyterians to the Church of England, as utter Enemies to their Conſtitution—; Nor could I ever hear any other Reaſons given for it—. However, the Duke after having with ſome Di⯑ficulty obtained a Vote upon it, LOST IT; And ſo the Re⯑preſentation and Petition was left juſt where they found it, viz. As a Teſtimony of the Church againſt ſome Things which were thought to Claſh, both with their Conſtitution and a little with their Principles, and in this it was thought it had its Uſes, tho' it was not effectually Anſwered in Parlia⯑ment.

The Affair of the Electing their Members for the firſt Par⯑liament of Britain, came next upon the Stage, and the Ground of the Motion mentioned in the Minutes, was foun⯑ded upon a Suppoſition mentioned in the Twelfth Article of the Treaty, viz. That Her Majeſty on or before the firſt day of May, on which day the Ʋnion was to take place, ſhould 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 Great-Britain. Now it was thought very equal, that if the then preſent ſitting Parliament of England, ſhould be Nam⯑med [205] for the firſt Parliament of Great-Britain, in Conjunction with the ſeveral Members that ſhould be Named from Scot⯑land, that the Members of both Houſes which were to Re⯑preſent Scotland, ſhould be likewiſe Named out of the current or then preſent ſitting Parliament of Scotland.

It was pretty eaſie to conjecture, that Her Majeſty would appoint theſe Members of the Engliſh Parliament, to Conſti⯑tute the firſt Britiſh Parliament, as it after happened, and therefore this was Moved now—, in order to ſettle it in the Act of Parliament now to be made, in which it was ab⯑ſolutely neceſſary to be Determined, this Matter being to be Signed, and paſt into a Law, before the Union was to take place—. What vigorous Oppoſition it met with, will be ſeen in the next Obſervation.

MINUTE LXII.

Tueſday 21. January 1707.

Prayers ſaid,

Rolls Called,

The Earl of Stair Swore the Oath of Alledgeance, ſubſcribed the ſame with the Aſſurance, and took the Oath of Parliament.

Then the Reſolve inſert in the former Days Minutes, anent choo⯑ſing the Repreſentatives for Scotland to the firſt Parliament of Great-Britain, was again read.

And after Reaſoning thereon, an Overture was given in for eſta⯑bliſhing a certain Way for Electing the Repreſentatives of Scotland to the Parliament of Great-Britain in all time coming, in the Terms of the Treaty of Union, which was Read; And thereafter another Overture was offered for an Act for chooſing the Sixty One Members to Repreſent Scotland in the Parliament of Great-Britain: As alſo, a Reſolve was given in and Read, That previous to all other Buſineſs, the Parliament proceed to determine the manner of Electing the Repre⯑ſentatives for Scotland to the Parliament of Great-Britain, and to de⯑termine the Number and Quota of Barons and Burrows.

And after Debate the Vote was ſtated, Approve the Reſolve inſert in the former days Minutes, Yea or Not.

But before Voting the Duke of Hamilton gave in a Proteſtation in theſe Terms, ‘"I James Duke of Hamilton do hereby proteſt for my ſelf, and in Name of all thoſe who ſhall adhere to this my Pro⯑teſtation, againſt the Electing by this preſent Parliament the Six⯑teen Peers and Fourty Five Barons and Burrows, who are to Re⯑preſent Scotland in the firſt Parliament of Great-Britain, as incon⯑ſiſtent with the whole Tenor of the Twenty Second Article of the Treaty of Union, and contrair to the expreſs Words thereof, [206] whereby it is provided, that after the Time and Place of the Meeting of the ſaid Parliament, is appointed by Her Majeſties Proclamation, which Time ſhall not be leſs than Fifty Days after the Proclamation, a Write ſhall be immediately iſſued under the Great-Seal of Great-Britain, directed to the Privy Council of Scot⯑land, for Summoning the Sixteen Peers, and for Electing Fourty Five Members, by whom Scotland is to be Repreſented in the Par⯑liament of Great-Britain; And further, as utterly Subverſive of the Right of Election competent to the Barons and Burrows of this Kingdom, and deſires this my Proteſtation may be inſert in the Minutes and Records of Parliament, and thereupon takes Inſtru⯑ments.’

And Mr. William Cochran of Kilmaronock gave in a Proteſtation in theſe Terms, ‘"I Mr. William Cochran of Kilmaronock do proteſt in my own Name, and in Name of all thoſe that ſhall Adhere to this my Proteſtation, that the Electing of Members to Repreſent this part of the United Kingdom in the Parliament of Great-Britain, out of this preſent Parliament, by the Members of this Houſe, is contrary to, and inconſiſtent with the Birth-rights and Privileges of the Barons and Burrows of Scotland; That it is con⯑trary to the Principles of common Law, and divers Acts of Parli⯑ament, and directly oppoſite and contradictory to the expreſs Words and Meaning of two ſeveral Paragraphs of the Twenty Two Article of the Treaty of Union betwixt Scotland and England, ſo lately Ratified in this Houſe; And I deſire this my Proteſtation may be inſert in the Minutes, and Recorded in the Books of Parlia⯑ment, upon which I take Inſtruments.’

And after Reading of the above Proteſtations, each of the ſaid Proteſters took Inſtruments upon their reſpective Proteſtations, and adhered to the Proteſtation given in by the other; and it was agreed that the Members Votes be marked, and that the Liſt of their Names as they Vote be Printed and Recorded, and that at calling the Rolls the Adherers to the above Proteſts be alſo marked.

Then the Vote was put, Approve the Reſolve inſert in the former Days Minutes or Not, and it carried Approve; and the Earl of Errol, the Earl Mariſchal, the Earl of Buchan, the Earl of Eglingtoun and the Earl of Galloway, the Viſcount of Kilſyth, the Lord Semple, the Lord Balmerino, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, and the Lord Colvill, Sir John Lauder of Fountainhal, Alexander Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, John Brisbane younger of Biſhoptoun, Sir Humphrey Colquhoun of Luſs, John Grahame of Killearn, Robert Rollo of Powhouſe, Thomas Sharp of Houſtoun, Sir Thomas Burnet of Leys, Sir David Ramſay of Balmain, John Forbes of Colloden, Mr. Thomas Hope of Rankeillor, David Grahame younger of Fintry, Alexander Mackye of Palgown, James Sinclair of Stempſter, Mr. James Dumbar younger of Hemprigs, Sir Henry Innes younger of that Ilk, Mr. George Mackenzie of Inchcoulter, Alexander Edgar, James Scot, Francis Molliſon, Robert Scot, John [207] Hutcheſon, Archibald Sheils, Mr. John Lyon, George Brodie and Mr. John Carruthers Adhered to both the above two Proteſtations.

Thereafter an Overture given in and Read, for appointing the manner of Electing the Peers of Scotland to the Parliament of Great-Britain, to be by dividing the Peerage into Four ſeveral Claſſes, out of which they are to be choſen, with ſome regard to the ſeve⯑ral Ranks of Peers, in manner mentioned in the ſaid Overture.

And after Reaſoning thereon, the further Debate was Adjourned till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LXII.

The Reaſon of the Earl of Stair's taking the Oaths now, and his place in Parliament, was very Unhappy at this Time; his Father the Earl of Stair, juſtly reputed the greateſt Man of Counſel in the Kingdom of Scotland, died ſudden⯑ly the Eighth of this Moneth—; he had been an Eminent Inſtrument in carrying on the Union, and had, the very day of his Death, ſpoken very Earneſtly in the Houſe, upon ſome particular Caſes relating to the Union, he went out of the Houſe not very Well, yet went Home, and Wrote ſeveral Letters that very Night to England, and in the Morning Died in his Bed, without being able to ſpeak ſo much as to his Lady, who was with him, to the general Grief of the whole Iſland, being Univerſally Lamented.

The Debate was now renewed about Chooſing the Repre⯑ſentatives for the firſt Parliament, the principal Objection was againſt Chooſing them out of the current Parliament—; As to the Allegations of its being againſt Law and Conſtituti⯑on, and againſt the Twenty Second Article of the Treaty juſt then ratified, they all Center'd in this, that it was to be paſſed and approved by Parliament; And that Parliament having yet the whole Legiſlature in their Hands, had power to Repeal any Law, or Statute then in Beeing, and conſe⯑quently did ſo far repeal any Clauſe in any Act of Parliament formerly made—; As to its being againſt the Treaty now ratified, that was Rectified thus, That whereas the Act of Ratification of the Treaty of Union in the Parliament of Scotland, in which ſeveral Acts ſince made and to be made in the Parliament of Scotland, were yet to be inſerted, lay now before the Parliament of England—; What ever Me⯑thod the Parliament of Scotland thought fit to take, for the Nomination of the Members of Parliament, for the firſt Par⯑liament of Great-Britain, ſhould, and muſt of Courſe alſo be inſerted, and ſo be and become an Eſſential Part or Branch of the Union; And this Vote having paſſed as per the Minute, is inſerted in the ſaid Act for ſettling the Election [208] of the Members, and again Recited in the Act of Union, as per the Exemplification, appears, in theſe Words; in that Caſe only, Doth hereby Statute and Ordain, That the Sixteen Peers and Fourty Five Commiſſioners for Shires and Burghs, who ſhall be Choſen by the Peers, Barons and Burghs reſ⯑pectively in this preſent Seſſion of Parliament, and out of the Members thereof, in the ſame manner as Committees of Parlia⯑ment are uſually now Choſen, ſhall be the Members of the reſ⯑pective Houſes of the ſaid Firſt Parliament of Great Britain, for and on the part of Scotland; Which Nomination and Election being Certifyed by a Write under the Lord Clerk Regiſters Hand, The Perſons ſo Nominated and Elected ſhall have Right to Sit and Vote in the Houſe of Lords, and in the Houſe of Commons of the ſaid Firſt Parliament of Great Britain; As by the ſaid Act paſſed in Scotland, for ſettling the Manner of Electing the Sixteen Peers and Fourty Five Members to Repreſent Scot⯑land in the Parliament of Great Britain may appear; Be it therefore further Enacted and Declared by the Authority afore⯑ſaid, That the ſaid laſt mentioned Act paſſed in Scotland, for ſettling the Manner of Electing the Sixteen Peers and Fourty Five Members to Repreſent Scotland in the Parliament of GREAT BRITAIN, as aforeſaid, ſhall be, and the ſame is hereby Declared to be as valid, as if the ſame had been part of, and Ingroſſed in the ſaid Articles of Ʋnion, Ratified and Ap⯑proved by the ſaid Act of Parliament of Scotland, and by this Act as aforeſaid, and carried it for the New Model; The Two Proteſtations againſt it made a great Noiſe, and were print⯑ed and carryed all over the Kingdom, beſides their being printed in the Minutes of Parliament. Some ſaid, the chief Reaſon why they inſiſted on this ſo much was, That the Party who oppoſed the Union foreſaw, that, as they had been outvoted and overpowered, as they called it, in every Queſtion relating to the Union, ſo they would be in this, and that, by Conſequence, few or none of them would be Named to the Firſt Britiſh Parliament, which was really true in the Conſequence.

The ſeveral Overtures relating to the Form of future Elections will be ſpoken to in their places—.

MINUTE LXIII.

Wedneſday 22. January 1707.

Prayers ſaid,

Rolls Called,

Thereafter the three ſeveral Overtures and Reſolve mentioned in the former Days Minutes, relating to the way of Electing the [209] Repreſentatives for Scotland, to the Parliament of Great Britain was again read.

And after Reaſoning thereon, the Vote was put, Whether the Six⯑teen Peers, who are to be Repreſentatives for Scotland in the ſaid Parliament, ſhall be ſent by Rotation, or by Election, and it carried, by Election.

Then it was moved, That it be conſidered what way the Electi⯑on ſhall be, whether by Balloting, or by an open Election, and after Debate thereon, the Vote was put, Whether it ſhall be by open Election, or by Balloting, and it carried, by open Election.

Thereafter moved to proceed to conſider what Proportions the Barons and Burrows ſhall have of the Fourty Five Members, who are to ſit in the Houſe of Commons of Great Britain, and after Reaſoning thereon, the further Debate was Adjourned till next Sederunt of Parliament.

The Committee appointed to meet to Morrow at Nine of the Clock.

Adjourned till Friday next at Ten of the Clock.

MINUTE LXIV.

Friday 24. January 1707.

Prayers Said,

Rolls Called,

Then the Debate mentioned in the former Days Minutes was reſumed, anent what Proportions the Barons and Burrows ſhall have of the Fourty Five Members, that are to ſit in the Houſe of Com⯑mons of Great Britain.

And thereupon a Clauſe was offered to be inſert in the Act, Re⯑gulating the Manner of Electing the Repreſentatives for Scotland in theſe Terms, And Her Majeſty, with Advice and Conſent foreſaid, Statutes and Ordains, That Thirty ſhall be the Number of the Barons, and Fifteen the Number of the Burrows, to Repreſent this part of the Ʋnited Kingdom in the Houſe of Commons of Great Britain; And that no Peer, nor the eldeſt Son of any Peer, can be choſen to Repreſent either Shire or Burgh of this part of the Ʋnited Kingdom in the ſaid Houſe of Commons.

And after Debate upon the firſt part of the ſaid Clauſe, the Vote was ſtated, If the Number ſhall be Thirty for the Barons, and Fifteen for the Burrows, Yea or Not.

But before Voting, the Earl of Cromerty gave in a Proteſtation in the Terms following, viz. I George Earl of Cromerty do Proteſt, That nothing that ſhall be Enacted, as to the Shire of Cromerty their being Adjoyned to any other Shire, as to the Method or Manner of Elect⯑ing of Commiſſioners to the Parliament of Great Britain, ſhall infer [210] any Derogation to the Privileges of that Shire, or to my Right as Heretable Sheriff therreof, and took Inſtruments thereupon.

Thereafter the Vote was put, If the Number ſhall be Thirty for the Barons, and Fifteen for the Burrows, Yea, or Not; and it carried, Yea.

Adjourned till Monday next at Ten of the Clock.

MINUTE LXV.

Monday 27. January 1707.

Prayers Said,

Rolls Called,

Then the ſecond part of the Overture mentioned in the former Days Minutes was again read in theſe Terms, And that no Peer, nor the eldeſt Son of any Peer, can be choſen to Repreſent either Shire or Burgh of this part of the Ʋnited Kingdom in the ſaid Houſe of Com⯑mons.

And after Debate thereon, another Clauſe was offered in theſe Terms, Declaring always, That none ſhall Elect, nor be Elected to Re⯑preſent a Shire or Burgh in the Parliament of Great Britain from this part of the Ʋnited Kingdom, except ſuch as are now capable by the Laws of this Kingdom to Elect, or be Elected as Commiſſioners for Shire or Burgh to the ſaid Parliament.

And after further Reaſoning thereon, the Vote was ſtated, Ap⯑prove of the Firſt Clauſe, or of the Second.

But before Voting, it was agreed, That the Votes be Marked, and that a Liſt of the Members Names, as they Vote, be Printed and Recorded, and the Lord Chancellor was allowed to have his Name Printed and Recorded amongſt thoſe, who Voted for the Se⯑cond Clauſe.

Then the Vote was put, Approve of the Firſt Clauſe, or Second; And it carried, Second.

Thereafter moved, That the Parliament proceed to conſider, in what manner the ſeveral Shires of this Kingdom ſhall chooſe the Thirty Members appointed to Repreſent them in the Houſe of Com⯑mons of Great Britain; As alſo, in what manner the ſeveral Bur⯑rows ſhall chooſe the Fifteen Members, appointed to Repreſent them in the ſaid Houſe of Commons.

And after ſome Diſcourſe thereon, the further Conſideration thereof was delayed till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATIONS LXIII, LXIV, LXV.

I put theſe three Minutes together, becauſe they are all on the ſame Subject, viz. The Electing the Repreſentatives to the [211] Parliament of Great Britain, which was now to be formed into an Act by it ſelf.

There had been ſeveral Schemes of Elections laid down for the Peers, and three Overtures had been preſented to the Houſe—; Some were for Naming the ſeveral Fami⯑lies, and Fixing the Repreſentative to be Choſen out of them Excluſively—, and theſe were thoſe who pretended to make Diſtinctions between the Ancient and Modern No⯑bility—; They thought it was reaſonable, ſince the Num⯑bers of Noblemen lately made, and eſpecially in the laſt Thirty or Fourty Years, were but burdenſome, as they al⯑ledged, to the Nation, that thoſe Families newly made Noble ſhould relinquiſh this Affair to the Ancient Nobility, as what was Inherent in them, but a new Acceſſion to theſe; and that, ſince Scotland was to Retrench her Nobility, as to ſitting in Parliament, it was but juſt they ſhould be preferred, who had the moſt Ancient Title.

Others were for dividing the Nobility into Four Claſſes, and taking every Year a proportioned Number out of each Claſs.

Others were for taking by Rotation, and ſo, beginning at the Extremes, take the Families as they Riſe, either be⯑ginning at the eldeſt or youngeſt Peers.

But all theſe Methods were rejected, and that of Election carryed it, whether it were, that each Party thought them⯑ſelves able to carry it from the other, or that they thought it their Advantage, that they ſhould carry it, who could make the beſt Intereſt I know not—; But I cannot ſay they took the beſt way for the preſerving the publick Tran⯑quillity, ſince the Factions and Party-makings for the Intereſt of Elections, which muſt neceſſarily be the Conſequence of this Method, cannot but keep up a conſtant Feud of Parties and Families in the Nation, which muſt neceſſarily be renew⯑ed every Three Year, the Parliament being to be new Choſen ſo often—; During which time, the Parties will be at Work, to Cultivate, Encreaſe, and Fortify their ſe⯑veral Intereſts, which, it is to be doubted, will go a great way to Entailing a Spirit of Diviſion and Party-ſtrife upon the whole Nation—; I wiſh I may be found to have made a wrong Conjecture,—, but I ſhall have Occaſion to ſpeak to this again in the Proceſs of this Story, and to ob⯑ſerve, how too much of this was made good in the very firſt Election, I mean, for the ſecond Britiſh Parliament. Of which hereafter—.

After the ſettling of the Affair of the Peers, it was to be Determined how the Fourty Five Members for the Houſe of Commons ſhould be proportioned, and this was prepared for them before hand, and given in in a Scheme or Overture, which occaſioned ſome Diſpute—; The number of the [212] Shires and Counties and Stewartries that formerly Elected, were (left blank) theſe were now to be reduced by joyn⯑ing Two or Three together, where they were ſmall and re⯑mote, to Thirty Members, each County chooſing none but One—, and each Head of Counties, where any were joyn⯑ed together, chooſing but One—, the Burghs or Royal Burrows were (left blank) in Number, theſe were Formed into Claſſes or Diſtricts—, and were for each Diſtrict to chooſe one Member; And becauſe the meeting together of the Votes in the ſaid Burghs, might be both Chargeable and Inconvenient, a Medium was found out, each Burgh was to chooſe a Commiſſioner, in the ſame manner as uſual, which Commiſſioner was to meet with the Commiſſioners of the other Burghs of that Diſtrict, and theſe were to chooſe the Mem⯑ber.

The reſpective Perſons concerned, made ſome Oppoſition about the Joyning of Shires—, but this had been a Thing well Concerted, and therefore admitted the leſs Diſpute in the Houſe; the Perſons alſo who had made the Calculations, being prepared to Defend the Equalities of it—; It re⯑mained therefore to agree on the Partition of the Counties and Towns, or as called in the Minutes, Barons and Burghs, which was done with little Diſpute, as per the Minute.

The Motion againſt the Eldeſt Sons of Peers, had not a little to be ſaid for it, particularly that when the Influence of the Nobility in Scotland comes to be conſidered, with the ſmall Number of Members to be choſen, it might in time to come riſe to what was Hinted before, in the Project of reducing the Lords that did not ſit in the Houſe of Peers, to a Level with the Commons, and make them capable of ſitting in the Houſe of Commons, that then it might come to paſs, that Scotland ſhould be Repreſented only by her Nobility, and that there ſhould be Scots Lords in the Parliament of Britain; So here in time it might happen, that the Nobility in the Houſe of Peers, and their Eldeſt Sons in the Houſe of Commons, might make up the whole Repreſentative of Scotland—.

There were a great many Arguments brought againſt this Propoſal, but theſe ſeemed the moſt prevailing, viz.

After ſome time a Vote was offered that put it to an End, viz. To let the Right of being Elected remain juſt as it was, without any Alteration at all, that he that had a Right or [213] Capacity to Vote, or to be choſen before, ſhould have ſo ſtill; And this ended the Debate.

The manner of Electing the Commons came next to be conſidered.

MINUTE LXVI.

Tueſday 28. January 1707.

Prayers ſaid,

Rolls Called,

Then the Parliament proceeded to Conſider in what manner the ſe⯑veral Shires of this Kingdom ſhall chooſe the thirty Members appoin⯑ted to repreſent them in the Houſe of Commons of Great-Britain; As alſo in what manner the ſeveral Burrows ſhall chooſe the fifteen Members to repreſent them in the ſaid Houſe of Commons.

And after Reaſoning thereon, a draught of an Act was offered ſet⯑tling the manner of Electing and Summoning the ſixteen Peers and fourty five Commoners, to Repreſent Scotland in the Parliament of Great-Britain.

Which being read, it was moved, to proceed to conſider that Clauſe of the Draught of the Act appointing the Shires of Bute and Caithneſs to have only one Repreſentative, the Shires of Nairn and Cromerty to have only one Repreſentative, and the Shires of Clack⯑mannan and Kinroſs to have only one Repreſentative, to be choſen Alternatively, and the hail other Shires and Stewartries of this King⯑dom, now repreſented in this preſent Parliament, each to have one Repreſentative in the Parliament of Great-Britain.

And it was alſo moved, to remit the ſame to a Committee; And after reaſoning on theſe Motions, the Vote was ſtated, Approve of the above Clauſe of the Act, or Commit.

But before Voting a Proteſtation was given in, in theſe Terms: I James Sinclair of Stempſter, one of the Commiſſioners for the Shire of Caithneſs, do protest for my ſelf, and the other Barons and Free⯑holders of the ſaid Shire, that the Vote now to be put for approving the Conjunction of the ſaid Shire of Caithneſs with Bute, or any other of the leſſer Shires, is againſt our Right of being always ſeparately repre⯑ſented in Parliament, and that becauſe the Rule of reducing Shires is by their Valuation, and ſix only to be reduced, the Shire of Caithneſs ought to enjoy its Repreſentation as other greater Shires, and the Shire of Sutherland, being leſs in Valuation than Caithneſs, ought to be conjoyned with the other leſſer five Shires: Which being read, he took Inſtruments thereupon, and Mr. James Dumbar younger of Hemp⯑rigs the other Commiſſioner for the ſaid Shire of Caithneſs adhered thereto.

Then the Vote was put, Approve of that Clauſe of the Act ſettling [214] the manner of Electing Repreſentatives for Shires, or Commit; and it carried Approve.

Thereafter it was moved to proceed to Conſider in what manner the Burghs ſhall chooſe their Repreſentatives.

And after Debate thereon, the further Conſideration thereof was delayed till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

MINUTE LXVII.

Wedneſday 29. January 1707.

Prayers ſaid,

Rolls Called,

Then the Parliament proceeded to the Conſideration of the man⯑ner in which the Burrows ſhall Elect their Repreſentatives to the Houſe of Commons of Great-Britain.

Whereupon ſeveral Schemes being given in and read, in relation to the manner of the ſaid Election.

After reaſoning thereon, and upon the Number of the Diſtricts that ſhall be appointed for making of the ſaid Elections, and upon a Motion that the Burgh of Edinburgh by it ſelf ſhall have always one Repreſentative.

The Vote was ſtated, whether the Burghs ſhall be divided into three Diſtricts, or Fifteen (reſerving intire the Motion as to the Town of Edinburgh it's having one Repreſentative by it ſelf) and it car⯑ried Fifteen.

Then the Vote was put, if the Burgh of Edinburgh by it ſelf ſhall have one Repreſentative, or Not; and it carried One.

Thereafter a Scheme dividing the Burghs into fifteen Diſtricts, each of which Diſtricts is to have one Repreſentative, was given in and Read, and is as follows: The Burghs of Kirkwal, Week, Dor⯑nock, Dingwal and Tayn one; Fortroſe, Inverneſs, Nairn and Forreſs one; Elgine, Cullen, Bamff, Inverury and Kintore one; Aberdeen, Bervie, Montroſe, Aberbrothock and Brechin one; Forfar, Perth, Dundee, Couper and St. Andrews one; Crail, Kilrenny, Anſtruther Eaſter, Anstruther Weſter and Pittenweem one; Dyſart, Kirkaldie, Kinghorn and Burnt-iſland one; Innerkeithing, Dumfermling, Queenſ⯑ferry, Culroſs and Stirling one; Glaſgow, Renfrew, Rutherglen and Dumbartoun one; Edinburgh one; Haddingtoun, Northberwick, Dumbar, Lawder and Jedburgh one; Selkirk, Peebles, Linlithgow and Lanerk one; Dumfries, Sanquhar, Annan, Lochmeban and Kirkend⯑bright one; Wigtoun, Newgalloway, Stranrawer and Whitehorn one; And Air, Irving, Rothſay, Campbelltoun and Inverary one.

And after Debate thereupon, Whether it ſhould be Approven, or Remitted to the Committee.

[215] The Vote was put, Approve the Scheme, or Commit; and it car⯑ried Approve.

Then it was moved, that the Commiſſioners for the Treaty of Union have their Expenſes allowed to them; And a Debate having ariſen thereupon, the further Conſideration thereof delayed till next Sederunt of Parliament.

Adjourned till Friday next at Ten a Clock.

OBSERVATIONS LXVI, LXVII.

Theſe Minutes are ſo expreſſive of the Subject debated a⯑bout, that there needs no Explanation to be given; They were only Matters of Form dividing the Burghs into Diſtricts for Election, and Uniting the ſmaller remote Counties to re⯑duce the Number; and all being ſtated before Hand, as I noted in the laſt, nothing material happened:

MINUTE LXVIII.

Friday 31. January 1707.

Prayers ſaid,

Rolls Called,

Then the Parliament proceeded to conſider the Motion for al⯑lowing the Commiſſioners for the Treaty of Union their Expenſes; And thereupon a Reſolve was given in in theſe Terms, That the Charge of the Commiſſioners ſent to the Treaty of Union on the part of the Kingdom of Scotland, who met at London in purſuance of Her Majeſties Nomination by Authority of Parliament, and of the Allowance to the Secretary of the ſaid Commiſſion, and to the Accomptants appointed by the ſaid Commiſſion, are publick Debts, and that there be allowed to each Nobleman, who attended the ſaid Treaty at London, the Sum of Twelve Thouſand Pounds Scots, and to each other of the Commiſſioners attending, the Sum of Six Thouſand Pounds Scots, and to the Secretary of the ſaid Commiſſion, the Sum of Four Thouſand Eight Hundred Pounds Scots, and to each of the Three Accomptants named by the ſaid Commiſſion, the Sum of Two Thouſand Four Hundred Pounds Scots, and that the ſaid reſpective Sums be payed out of the Sum of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings Sterling, mentioned in the Fifteenth Article of the ſaid Treaty of Union, Ratified in this Parliament, and that the ſaid Sums be ranked and preferred after the Sums payable to the Proprietors of the African and Indian Company of Scotland pari paſſu with the firſt of the publick Debts appointed to be pay⯑ed out of the foreſaid Sum of Three Hundred Ninety Eight Thou⯑ſand and Eighty Five Pounds Ten Shillings Sterling Money.

[216] Which being read, upon Reaſoning thereon, a Motion being made for reſtricting the Quota's of the Treaters Expenſes, and ſome Objections being alſo made againſt allowing the ſaid Expenſes out of the above Fund, the Vote was ſtated, Approve of the Reſolve, or Alter.

And before Voting it was agreed, That the Votes be marked, and that a Liſt of the Members Names, as they Vote, be Printed and Recorded.

Then the Vote was put, Approve of the Reſolve, or Alter; and it carried, Approve.

It was alſo agreed, That the Earl of Ilay (deſigned in the Com⯑miſſion for the Treaty Lord Archibald Campbell) be allowed his Expenſes as a Nobleman.

Thereafter it was moved, That the Commiſſioners for the Trea⯑ty 1702, have Allowance of their Expenſes in manner following, viz. ‘"Each Nobleman Five Hundred Pounds Sterling, each Baron Three Hundred Pounds Sterling, and each Burrow Two Hundred Pounds Sterling.’

And after Debate thereupon, the Vote was put, ‘"Grant Allow⯑ance to the Commiſſioners for the Treaty 1702, of their Expenſes in the above manner, Yea, or Not;’ and it carried, Yea: And the ſaid Expenſe was declared to be a publick Debt, and it was remitted to the Committee for ſtating of publick Debts, to ſtate and rank the ſame as a publick Debt.

Thereafter it was moved, That no Repreſentative from either Shire or Burgh from this Kingdom to the Parliament of Great Bri⯑tain, ſhall have any Allowance for their Charges and Expenſes in attending the ſame.

And after Debate, it being moved to delay the Conſideration thereof till next Sederunt of Parliament.

The Vote was put, Proceed, or Delay; and it carried, Delay.

The Committee appointed to Meet to Morrow at Nine a Clock

Adjourned till Monday next at Ten of the Clock.

OBSERVATION LXVIII.

This Propoſal was ill received indeed, and a horrid Cla⯑mour raiſed at it without Doors; The People who had been hot againſt the Union took hold of it with an Unbridled Railery, Reproaching the Treaters in a moſt Indecent Man⯑ner, Exclaiming at the very Thing it ſelf; Now the Nation might ſee they ſaid what they had been doing at London, and what they had been purſuing ever ſince that they had ſold their Country for a Sum of Money, & they were beginning to ſhare it among them, this referred to the Equivalent out of which this Money was to be paid—; That they Voted for one another, the new Commiſſioners and the old; and that this was taking that Money away to their private Uſes, which they had pretended was to be Imployed in Incouraging the [217] Manufactures and Imploying the Poor, Raiſing Stocks for the Woollen Trade and Funds for the Fiſhing; That theſe were the ſpecious Pretences, when the Nation was brought in to accept of the Equivalent, but that now it was done and over, now they were dividing the Spoil—; It would be endleſs to ſet down the ill Nature of the Day, as ſoon as this Propoſal was talked of without Doors, and yet there was really no Reaſon, the Gentlemen who went to England upon that Occaſion, who ſet all their private Affairs aſide to ſerve their Country, and attended in England ſeveral Months at Expence enough, ſhould do all this at their own Charges, when, at the ſame time, every other Article had its Supply out of the General Fund; And therefore, notwithſtanding the Clamours of the People, and ſeveral Attempts within Doors, firſt to reject it wholly, then to refuſe the payment of it out of the Equivalent, which was indeed refuſing it wholly, ſince there was no other Fund to pay it—; And laſtly, to Reſtrict the Quantity, yet at laſt it paſt, as it had been at firſt propoſed.

The Allowance to the Old Treaters, they alledged, was a Trick to draw in the Allowance for the New, becauſe, be⯑ing to be Voted together, it was certain, the Old would Vote for the New, that they might be ſure, the New would, in Return, Vote for the Old—; But there was certainly the ſame Reaſon, that one ſhould be allowed their Expence as the other, ſince, tho' they could not then bring it to a Concluſion, yet their Pains and Expences might not be the leſs, but rather the more for that, and thus they were both Vot⯑ed to be allowed their Charges, as per the Minute.

MINUTE LXIX.

Monday 3. February 1707.

Prayers Said,

Rolls Called,

Thereafter the firſt Sederunt of Parliament (after paſſing the Act, ſettling the Manner of Electing and Summoning the Repreſenta⯑tives for Scotland to the Parliament of Great Britain) was appoint⯑ed for private Buſineſs.

Then the Motion made the former Sederunt, anent allowing no Charges or Expences to the Repreſentatives from the Shires and Burghs of this Kingdom to the Parliament of Great Britain, reſumed.

And after Debate thereon, the Vote was put, Whether there ſhall be a Clauſe, in relation to the Charges and Expences of the Repreſenta⯑tives for Shires and Burghs inſert in the Act ſettling the Manner of Electing, &c. Yea, or No; and it carried, No.

[218] Thereafter it was moved, That at all Meetings of the Peers for Electing of their Repreſentatives, ſuch Peers as are abſent, be al⯑lowed to have Votes in the ſaid Election by Proxies, the ſaid Proxies being Peers, and they and their Conſtituents being Qualifi⯑ed at the Time, by taking the Oaths required by Law, and that the ſaid abſent Peers may either Vote by their Proxies, or by ſend⯑ing up Liſts ſubſcribed by them.

And after Reaſoning thereon, the Vote was put, Allow Proxies in the above Terms, Yea, or Not; and it carried, Allow.

Agreed, That the Meeting of the Peers for the ſaid Elections ſhall be at any Place Her Majeſty ſhall appoint within the Limits of Scotland.

Agreed alſo, That, in caſe of the Deceaſe, or Legal Incapacity of any of the Fourty Five Commoners, to be choſen out of this Seſſion of Parliament to the Parliament of Great Britain, the Shire, Stewartry, or Diſtrict of Burrows, for which he is a Member, ſhall chooſe another in his place.

Agreed likewiſe, That, in caſe of the Deceaſe, or Legal Incapa⯑city of any of the Sixteen Peers, the Peers ſhall meet and Elect another in place of the Deceaſer.

Moved, That ſuch Peers of Scotland, who are likeways Peers of England, or who, after the Union, ſhall be Created Peers of Great Britain, have no Vote in the Election of the Sixteen Peers from Scotland to the Parliament of Great Britain.

And after Debate thereon, it was put to the Vote, Whether any Clauſe, in relation to the ſaid Motion, ſhall be inſert in the above Act, ſett⯑ling the Manner of Election, &c. Yea, or Not; and it carried, Not.

Thereafter it was agreed, That, when the Votes of the Commiſſio⯑ners for Burrows, who ſhall meet for Electing their Repreſentatives are equal, the Preſident of the Meeting ſhall have a Caſting or Deci⯑ſive Vote, beſide his Vote as a Commiſſioner Repreſenting the Burgh from whom he is ſent; and that the Commiſſioner for the eldeſt Burgh ſhall preſide at the firſt Meeting, and the Commiſſioner for the other Burghs by Turns, as the Burghs are now called in the Rolls of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LXIX.

The Charges being allowed to the Treaters, it was thought the Houſe would go on and allow this alſo, but it was pre⯑ſently rejected—; Some ſaid it was offered by way of Jeſt, as a Reproach to the Gentlemen that took Money for the Service of their Country.

But the Propoſal was made another way, viz. That no Repreſentative, from either Shire or Burgh, from this Kingdom to the Parliament of Great Britain, ſhall have any Allowance for their Charges or Expences, &c. It was alledged, That the Eng⯑liſh took no ſuch Allowance; and that it would be a Reproach [219] to Scotland, if the Scots Gentry ſhould take their Charges from the Country, and the Engliſh did not.

To this it was Anſwered, That, tho' the Engliſh Gentle⯑men generally refuſed the Allowance of the Countries for their Attendance, yet that, by Law, there was ſuch an Al⯑lowance due to them from the Countries, and they might not only juſtify accepting it, but might legally demand it; And therefore it ought, in like manner, be left at Liberty in Scotland, when doubtleſs the Scots Repreſentatives, in Pro⯑portion to their Capacities, would be found as Frank and Ge⯑nerous in ſparing the Country as the Engliſh.

And it was remarkable, That in ſubſequent Elections in Scotland for the Counties, it was very often agreed joyntly by the ſeveral Candidates for Election, That whoſoever carried it, ſhould relinquiſh any pretence to an Allowance from the County, for their Service in Parliament.

The Affair of Proxies in Election of Peers, is expreſt at large in the Minute, and needs no Remark; nor was there any long Debate upon it in the Houſe.

The other Heads alſo being Matter of Form, only were readily agreed to.

There was indeed ſome Struggle about Excluding theſe Noblemen of Scotland, who were Noblemen in England, or ſhould be Peers of Britain, from Voting, but they could not carry it—; And yet 'tis to be obſerved, that at the firſt Election of the Sixteen Peers by virtue of this Act, ſome of the Peers of Scotland proteſted againſt the Votes of thoſe that had Engliſh or Britiſh Titles, a Debate that is not yet (viz. at the Writing theſe Sheets) Determined, tho' this Vote ſeems to conclude it directly.

MINUTE LXX.

Tueſday 4. February 1707.

Prayers Said,

Rolls Called,

Then the Draught of an Act ſettling the manner of Electing and Summoning the ſixteen Peers and fourty five Commoners to repreſent Scotland in the Parliament of Great-Britain read.

And thereupon a Vote was put, Allow a firſt Reading to be marked on the ſaid Act, Yea, or Not; and it carried Allow: And a firſt Reading was marked thereon accordingly.

Adjourned till the Morrow at Ten of the Clock.

MINUTE LXXI.

[220]
Wedneſday 5. February 1707.

Prayers ſaid,

Rolls Called,

Then the Act ſettling the manner of Electing the ſixteen Peers and fourty five Commoners to repreſent Scotland in the Parliament of Great-Britain again read; And after Reaſoning thereon, and ſome Amendments, the Act as amended was again read over, and it was put to the Vote, Approve the Act, or Not, and it carried Approve.

Overture for an Act anent Plantation of Kirks brought in from the Committee and Read, and after ſome Amendments was ordered to be Printed.

And alſo another Overture for an Act and Commiſſion for Plan⯑tation of Kirks and Valuation of Teinds, brought in from the ſaid Committee was read, and ordered to be Printed.

Agreed, that the Parliament will proceed to the Conſideration of theſe Overtures the firſt Sederunt after they are Printed previous to all other Buſineſs.

Then a Proclamation concerning the Coyn was brought in from the Committee and read, and a Vote was put, Approve of the Pro⯑clamation, or Not; and it carried Approve.

Overture for an Act againſt Popery and Papiſts brought in from the Committee, was read, and ordered to be Printed.

Thereafter the Act ſettling the manner of electing the ſixteen Peers and fourty five Commoners to repreſent Scotland in the Par⯑liament of Great-Britain was touched with the Royal Scepter by Her Majeſties high Commiſſioner in the uſual manner.

Adjourned till Monday next at Ten a Clock.

OBSERVATIONS LXX, & LXXI.

The Act for ſettling the manner of Electing the Repreſen⯑tative was now paſt, and becauſe it is an Act containing a great Variety of Heads, uſeful for Poſterity to know, when the reſpective Elections may come on, I have inſerted it in the Appendix to this Work, No. I x x.

The Overtures for Plantation of Kirks and Valuation of Teinds, were put both together, and proceeded upon as one Act, The caſe was in ſhort thus—; It had been the Cuſtom in former Parliaments, to Grant a Commiſſion to [221] certain of their own Members to ſit as a Court, and to Judge and Determine of ſeveral Things relating to the two Heads above, viz. Plantation of Kirks and Valuation of Teinds; The Things they Determined of, were Generally,

It was ſome Time ſince theſe Commiſſions had been Diſ⯑continued, and that was not all the Misfortune, but all the Regiſters and Rolls of that Court were loſt in the great Fire which happened in the Parliament Cloſs at Edinburgh, in the year 1700. So that there was no having Recourſe to any thing paſt.

This was a great Loſs to the Church of Scotland, upon ſeveral Accounts, and had it remained Unſettled at this Juncture, the Injury had been paſt Remedy; Wherefore it was earneſtly Deſir'd, and readily Granted, That all the Powers formerly Exerciſed by the ſaid Commiſſion of Parliament, ſhould now be Conveyed to ſome particular Court Judica⯑tory or Body of Men, that ſhould Judge and Determine in ſuch Caſes; ſome were for having it Veſted in the Church it ſelf, and committed to the General Aſſembly—; But it was alledged, That were to make the Church Judge in Her own Cauſe, and put too much Power into the Hands of the Aſſembly; Others were for Deſiring it to be in the Hands of the Crown, to Grant Commiſſion to proper Perſons, as the Parliament did before—; But that was Objected againſt, as dangerous to the Safety and Conſtitution of the Church; at length it was Devolved on the Lords of the Seſſion, and there it paſt, as in the Act Printed alſo at large in the Ap⯑pendix No. K x x.

The Committee alſo now made their Report about the Coin, and the manner of ſettling it the Time of Reducing and Calling in the Money, of which I have ſpoken already—; but the Report of the Committee being recited in the Proclamation, and that Proclamation ſtating the particulars exactly, I have placed the ſaid Proclamation in the Appendix No. L x x. It being the laſt Proclamation alſo made in Scot⯑land as a ſeparate Kingdom.

MINUTE LXXII.

[222]
Monday 10. February 1707.

Prayers ſaid,

Rolls Called,

Then it was moved to proceed to private Buſineſs conform to the Minutes of the third of February inſtant.

Moved alſo to proceed to the Conſideration of the two Overtures mentioned in the Minutes of the laſt Sederunt, the one remitting the Plantation of Kirks, &c. to the Lords of Seſſion; And the other for an Act and Commiſſion for Plantation of Kirks and Valuation of Teinds.

And after Debate, the Vote was put, Proceed to conſider the two Overtures in order to a first Reading, or proceed to private Buſineſs, and it carried to the Overtures.

Thereafter the two Overtures were read in the above order, and the Vote being put, Mark a firſt Reading on the firſt or ſecond, and it carried Firſt, and a firſt Reading was marked on the ſaid firſt Overture, remitting the Plantation of Kirks to the Lords of Seſſion.

MINUTE LXXIII.

Wedneſday 12. February 1707.

Prayers ſaid,

Rolls Called,

Thereafter the following Overtures for Acts were given in and read, viz Act renuncing the Reverſion of Kirk-lands. Act in favours of the Inhabitants of the Shire of Caithneſs. Act in favours of the Earl of Linlithgow and Callender. Act for preſerving the Game. Act in favours of the Lady Littlegill and her Son. Act in favours of the Earl of Cromerty. And a firſt reading ordered to be marked on each of the ſaid Acts.

Moved to proceed to the Act for Plantation of Kirks, &c. and alſo moved to proceed to the Act for additional Proemiums on Ex⯑portation of Victual.

And after Reaſoning thereon, it was agreed to proceed firſt to the Act for Plantation of Kirks, &c. and after the ſame is finiſhed to proceed immediately thereafter to the Act for additional Proe⯑miums.

Then the Act for Plantation of Kirks, &c. was read; And after ſome Reaſoning thereon, the further Debate was adjourned till next Sederunt of Parliament.

[223] Agreed, That the Parliament, will next Sederunt proceed to Elect the Repreſentatives for Scotland to the firſt Parliament of Great-Britain, and it was intimate to the Members to prepare for the ſaid Election againſt that time; And agreed that the Parliament will thereafter proceed to the Act for Plantation of Kirks, &c. previous to all other Buſineſs after the Election, and then to the Act anent Drawbacks on Victual.

The ſecond Sederunt of Parliament next Week appointed for private Buſineſs.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATIONS LXXII, LXXIII.

The Parliament now drawing near a cloſe, a great deal of private Buſineſs crowded on the Houſe, ſo that ſometimes little was done as to the Publick, which is the Reaſon of joyning theſe Obſervations upon Two or Three Days at a Time.

The Affair of the Act for Plantation of Kirks, &c. I have ſpoken of already; And as this only took up the the Work of theſe Two Days, I mean as to publick Buſineſs, there needs no further Remark upon them.

MINUTE LXXIV.

Thurſday 13. February 1707.

Prayers Said,

Rolls Called,

Then the Parliament, conform to the Minutes of the laſt Sede⯑derunt, proceeded to Elect the Repreſentatives for Scotland to the Firſt Parliament of Great Britain, and the Three Eſtates having ſe⯑parated to their uſual Places, they returned and reported their reſ⯑pective Elections, and the Liſt of their Repreſentatives is as follows,

Of the Nobility, the Duke of Queensberry Lord High Commiſſio⯑ner, the Earl of Seafield Lord High Chancellor, the Marqueſs of Montroſe Lord Preſident of the Privy Council, the Marqueſs of Tweeddale, the Marqueſs of Lothian, the Earls of Mar and Low⯑doun principal Secreraries of State, and the Earls of Crafurd, Suther⯑land, Roxburgh, Wemyſs, Leven, Stair, Roſeberry, Glaſgow Theſaurer-Depute, and Ilay.

Of the Barons, William Nishet of Dirletoun, John Cockburn young⯑er of Ormiſtoun, Sir John Swintoun of that Ilk, Sir William Ker of Greenhead, Archibald Douglaſs of Cavers, William Bennet of Grubbet, Mr. John Murray of Bowhill, Mr. John Pringle of Haining, William Moriſon of Preſtoungrange, George Baillie of Jerviſwood, Sir John John⯑ſtoun of Weſterhall, Mr. John Stuart of Sorbie, Mr. Francis Montgome⯑ry [224] of Giffan, Mr. William Dalrymple of Glenmure, Sir Robert Pollock of that Ilk, John Hadden of Glenagies, Mungo Grahame of Gorthie, Sir Thomas Burnet of Leyes, Sir David Ramſay of Balmain, William Seton younger of Pitmedden, Alexander Grant younger of that Ilk, Hugh Roſs of Kilravock, Sir Kenneth Mackenzie, Mr. John Campbell of Memmore, Sir James Campbell of Auchinbreck, James Campbell younger of Ardkinglaſs, James Halyburtoun of Pitcur, Alexander Aber⯑crombie of Glaſſoch, Alexander Douglaſs of Eagilſhaw, and John Bruce of Kinroſs.

Of the Burrows, Sir Patrick Johnſtoun, Lieutenant Colonel John Areskine, Hugh Montgomery, James Scot, Sir John Areskine, Mr. Pa⯑trick Moncreiff, Sir Andrew Home, Sir Peter Halket, Sir James Smollet, Sir David Dalrymple, Mr. John Clerk, Mr. Patrick Ogilvie, George Allardice, Daniel Campbell, and Mr. Alexander Maitland.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION LXXIV.

It was ſufficiently known, That Her Majeſty deſigned the Parliament then ſitting in England ſhould, in Conjunction with the Repreſentatives from Scotland to be Choſen, make up the firſt Parliament of Great Britain, tho' the Proclamati⯑on was not exhibited till a great while after, nor did the Queen ſignifie Her Intentions on that Head to the Engliſh Par⯑liament till the Twenty Fourth of April after—; How⯑ever, as this Matter had coſt ſome Debate in the Houſe, and was at laſt Reſolved on, they made their Election as per the Minute; The Oppoſers of the Union made a Noiſe, ſaid they had choſen all their own Creatures, that they were Partial to a Party, and the like; But the Time of Taking Notice of ſuch Things was now over, the Election was made calmly enough, and the Names immediately publiſhed all over the Kingdom, beſides being put in the Minutes as above.

MINUTE LXXV.

Monday 17. February 1707.

Prayers ſaid,

Rolls Called,

Then the Act for Plantation of Kirks, &c, again read, and was thereafter read by Paragraphs, and after the firſt Paragraph was read, It being moved, That the Matter of Plantation of Kirks, &c. be remitted to a Commiſſion; After Debate thereon, the Queſti⯑on was put, If the Matter of Plantation of Kirks and Valuation of [225] Teinds ſhall be remitted to a Commiſſion, or to the Lords of Coun⯑cil and Seſſion, and it carried, to the Lords of Council and Seſſion.

Then a Clauſe was offered in favours of the Macers of Privy Council in theſe Terms, Declaring, That the Macers of Privy Council, who, by their Gifts, did attend and officiate before the ſaid Commiſſion of Parliament, ſhall continue to attend and offi⯑ciate before the ſaid Lords of Seſſion, in the Matter committed to them by this Act, as they were in uſe to do before the ſaid Commiſſion, and none elſe, and after Reaſoning thereon, the Vote was put, Add the Clauſe, or Not; and it carried, Add.

And after ſome Amendments, the ſaid Act was read over, then the Vote was put, Approve of the Act, or Not; and it carried, Ap⯑prove.

Thereafter the Draught of an Act for Additional Proemiums on the Exportation of Victual till the Firſt of May next, again read, and af⯑ter Reaſoning thereon, and the Addition of a Clauſe thereto, it was put to the Vote, Approve of the Act, or Not; and it carried, Not.

Then the Act Diſſolving the Fen-duties of Kirk-lands from the Crown, and Diſcharging the Reverſion thereof, again read, and after ſome Amendments, it was put to the Vote, Approve the Act, or Not; and it carried, Approve.

Overture for an Act concerning Chirurgeons and Apothecaries in Edinburgh, given in and read, and it was put to the Vote, Mark a firſt Reading thereon, or order it to ly on the Table, and it carried, Mark a firſt Reading; and the ſame was ordered to be Printed before a ſecond Reading.

Adjourned till Thurſday next at Ten of the Clock.

MINUTE LXXVI.

Thurſday 20. February 1707.

Prayers Said,

Rolls Called,

Draught of an Act, Diſcharging Muſters and Rendezvouzes, and Prorogating the Suſpenſion of the Clauſe in the Act of Security thereanent, till the Firſt Day of January next to come, given in and read, and a firſt Reading ordered to be marked thereon.

Adjourned till to Morrow at Ten of the Clock.

MINUTE LXXVII.

[226]
Friday 21. February 1707.

Prayers ſaid,

Rolls Called,

Then the Act Diſcharging Muſters and Rendezvouzes, till the Firſt Day of January next, and Prorogating the Suſpenſion of the Clauſe in the Act of Security thereanent till the ſaid time, which is in theſe Terms, That the whole Proteſtant Heretors, and all the Burghs within this Kingdom, ſhall furthwith provide themſelves with Fire Arms for all the Fencible Men who are Proteſtants within their reſpective Bounds, and the ſaid Heretors and Burghs are thereby Impowered and Ordained to Diſcipline and Exerciſe their Fencible Men once in the Month at leaſt; was read a ſecond time, and after ſome Amendments and Reaſoning thereon, the Vote was put, Approve of the Act, or Not; and it car⯑ried, Approve.

Agreed, That the Parliament will next Sederunt take into their Conſideration the ſeveral Reports of the Committee anent the Coyn, The Accompts of the African and Indian Company, and anent Publick Debts, and that the Petition for Colonel Patrick Ogilvie of Carnes, Sir John Schaw of Greenock, and Sir Archibald Campbell of Clunies, be likewiſe taken into Conſideration the firſt Sederunt for private Buſineſs, previous to all other.

Thereafter the Act anent Plantation of Kirks and Valuation of Teinds, and the above Act diſcharging Muſters and Rendezvouzes, &c. were both touched with the Royal Scepter by Her Majeſties High Commiſſioner in the uſual manner.

Adjourned till Wedneſday next at Ten of the Clock.

OBSERVATIONS LXXV, LXXVI, LXXVII.

The Church Act about Kirks and Teinds was now ſettled, the Motion of having theſe things ſtill referred to a Parlia⯑mentary Commiſſion was thought to proceed from theſe, who were willing it ſhould remain in the ſame Condition it had lyen in for a long time, viz. Ʋnſettled and Ʋnprovided for, ſince it muſt yearly put the Perſons concerned to make Appli⯑cation to the Parliament of Britain, which was Remote, and very Troubleſome to get ſuch Commiſſion ſettled, or Triennial⯑ly at leaſt—; And whereas, while it lay before their own Parliament, it had, for ſome Years, been Unſettled; and the Church left, as it were, Unregarded in thoſe Affairs, it might much more be ſuppoſed to be neglected, if referred to the Britiſh Parliament—; That, at the end of every Par⯑liament, which, at furtheſt, would be but Three Years, this [227] Matter behoved to be laid before them again, and diligent⯑ly ſolicited, in order to have it effectually ſettled—; This therefore was vigorouſly oppoſed, and it was carryed to be referred to the Lords of the Seſſion, as per the Act. Vide the Appendix, No. K xx.

The Proemiums and Drawbacks on the Exportation of Corn had been ſettled, as before is obſerved, and are inſert⯑ed in the Union, as per the Act appears; But, in regard the Union was not to take place till May, and the want of thoſe Allowances might put a Stop to the Exportation in the mean time, and particularly, That there was a great Dutch Fleet and ſeveral Norway Ships in the Port of Leith at that time, which would, in caſe of the Encouragements now to be given, car⯑ry away a great Quantity of Corn, before the Firſt of May, which Exportation of Corn would be a great Advantage to the Counny, therefore this ſhort lived Act was propoſed for the Encouragement of Trade: But it was alledged, That the Term of the Commencement of the Union was ſo near, that no Convoy would ſtir, or Ships ſail, before that time would be come, and the Advantages would be the ſame to the Merchant; Upon which, the Bill was dropp'd in the Houſe, and came to nothing.

The Debate about the Chirurgeons and Apothecaries, never came to any Head, the Deſign was to Authorize the Apothecaries and Chirurgeones, to Adminiſter Phyſick with⯑out the Aſſiſtance or Preſcription of the Phyſicians, in Ex⯑traordinary caſes—; It would have been perhaps a a conteſted Thing, if the Houſe had been of longer Con⯑tinuance, but the End of the Parliament being ſo near, there was no Time for it.

The Act about Kirk-lands, and Diſcharging the Feu-duties, was a neceſſary Law at that Time, in ſome ſpecial Cauſes, and met with no Oppoſition.

The Houſe ſat on Thurſday the Twentieth of February, but was wholly Imployed about private Buſineſs, which I have all along Omitted, as not to the purpoſe; on the Twenty Firſt they did little, but read the Bill about Prohibiting Muſters, &c. and paſt it with the Church Act.

MINUTE LXXVIII.

Wedneſday 26. February 1707.

Prayers ſaid,

Rolls Called,

Report of the Committee anent the Accompts of the African and Indian Company, was brought in and read; and it was moved that the ſame ſhould be Printed for Information.

[228] Moved alſo, to proceed to the Conſideration of the ſaid Report, and that the ſame be read and proceeded on Paragraph by Para⯑graph.

And after Reaſoning thereon, the Vote was ſtated, Proceed to the Conſideration of the Report, or Print the ſame.

And before Voting, it was agreed, that if it ſhould carry Print, the ſame ſhould notwithſtanding thereof be proceeded on the next Sederunt of Parliament.

Then the Vote was put, Proceed, or Print, and it carried Print

Adjourned till Monday next at Ten of the Clock.

MINUTE LXXIX

Monday 3. March 1707.

Prayers ſaid,

Rolls Called,

Report of the Committee anent the Accompts of the African and Indian Company again read.

As alſo, an Overture anent the Accompts of the ſaid Company brought in and read, and after Diſcourſe thereon, It was moved to proceed on the Report of the Committee.

Moved alſo, to delay proceeding till the next Sederunt of Par⯑liament, that the Overture be Printed; And after Debate, it was put to the Vote, Proceed to the Report of the Committee, or Print the Overture; and it carried Print.

Repreſentation from the Council of Trade, reporting to the Par⯑liament their procedure, and recommending their Clerk and other perſons imployed by them, for a Gratification for their pains, read; And it was agreed, to give the Council of Trade the Thanks of the Houſe for their pains and Attendance, and to take the caſe of the Clerk and other perſons imployed by them to conſideration when the Parliament comes to conſider the publick Debts.

Adjourned till Wedneſday next at Ten a Clock.

MINUTE LXXX.

Wedneſday 5. March 1707.

Prayers Said,

Rolls Called,

Petition for the Officers of the Army, in relation to the pay⯑ment of their Arrears read, and it was agreed that the ſame ſhall be [229] taken to Conſideration when the Parliament comes to conſider the publick Debts.

Report of the Committee anent the Accompts of the African and Indian Company again read; As alſo the Overture anent the Ac⯑compts of the ſaid Company: And after reaſoning thereon,

It was agreed, that thoſe of the African Company who payed the firſt Moiety of the ſeven and a half per Cent. and therein got allowance of the Annualrent of twenty five per Cent. formerly payed from the firſt of June 1696, till the firſt of Auguſt 1698, ſhall not now have allowance of the Annualrent of the ſaid twenty five per Cent. preceeding the firſt of Auguſt 1698, and remitted to the Com⯑mittee to rectifie the Accompt accordingly.

The Committee appointed to meet to Morrow at Nine of the Clock.

Adjourned till Friday next at Ten a Clock.

MINUTE LXXXI.

Friday 7. March 1707.

Prayers ſaid,

Rolls Called,

This Day the Parliament was only Imployed on private Buſineſs.

OBSERVATIONS LXXVIII, LXXIX, LXXX, LXXXI.

The Houſe had now very little publick Buſineſs before them, the Affair of the African Company, and ſuch Things as related to the payment of the Equivalent were the principal Matters; And this is the Reaſon of putting ſo many days Minutes together, in which I omit the private Affairs before them, as not to my purpoſe.

The Committee had been long upon the Affair of the Equi⯑valent, they had ſettled the Coin, and given in the Report as before; The next thing was, to ſtate the Accompts of the African Company, and this having taken them up a great deal of Time, was at laſt ſettled, and Reported by the Committee, and is as follows.

REPORT Of the Committee concern⯑ing the Indian and African Company.

Edinburgh 21. February 1707.

THe Committee to whom it was Remitted, to conſider what the Capital Stock and Intereſt of the African Company may amount to; And how and to whom the ſame ſhall be pay'd, [230] Having conſidered the foreſaid Remit with a Repreſentation given in to them by the Directors of the ſaid Company, and the Com⯑panies Books and Accounts of Money payed in to them, with the Inſtructions relative thereto, and a Report of a Sub-Committee of their Number, who did Inſpect and Examine the ſaid Companies Books, with the ſaids Accounts and Inſtructions, and did Calculate the Sums therein contain'd, FIND, that the total Capital Stock advanced by the Proprietors of the ſaid Company, with Intereſt thereof at five per Cent. from the reſpective Terms at which the ſame was payable, to the firſt of May One Thouſand ſeven Hundred and ſeven, extends in all to Two Hundred and Twenty Nine Thou⯑ſand Four Hundred and Eighty Two Pounds Fifteen Shillings one Penny and Five Sixths of a Penny Sterling; And that the total Ac⯑counts of the Debts due by the Company, the Inſtructions whereof were alſo produced to and conſidered by the Committee, extends in Principal and Intereſt to the Sum of Fourteen Thouſand Eight Hundred and Nine Pounds Eighteen Shillings Eleven Pence Sterling; Both which Sums together amount to Two Hundred and Fourty Four Thouſand Two Hundred and Ninety Two Pounds, Fourteen Shillings and Five Sixths of a Penny Sterling, out of which Sums is to be deduced, of Money Lent to ſeverals of the Proprietors, with the Intereſt thereof, the Sum of One Thouſand One Hundred and Twenty Six Pounds Thirteen Shilling Nine Pence, and Five Sixths of a Penny; So that there remains yet due to the Proprie⯑tors of the ſaid Company of neat Ballance upon the firſt of May next, the Sum of Two Hundred and Fourty Three Thouſand, One Hundred and Sixty Six Pounds Three Pence Sterling; Which Sums the Committee are of Opinion ſhould be payed in to the Company, or theſe Commiſſioned by them, out of the Equivalent upon the firſt Day of May Next. And the Committee are of Opinion, that the Court of Directors and Council General Nominate ſome parti⯑cular Perſons, who ſhall be Authorized to receive the hail Capital Stock and Intereſt payable to the Company, from the Commiſſioners to be appointed for the Equivalent, and who ſhall be impowered to grant a Diſcharge thereof, with abſolute Warrandice; And that the ſaids Perſons ſo to be Named, in Conjunction with a Committee of Parliament, to be Named as Overſeers, ſhall be lyable for the ſaid Money's being truly applyed and payed to the Proprietors without Loſs, Delay or Defalcation; And that the Receipts granted by the Companies Caſhiers, or Extracts of the Proprietors payment out of their Books, ſhall be a ſufficient Inſtruction of each Mans ſhare, to Intitle them to demand payment thereof, which Extracts ſhall be given gratis; And that the Certificate, or Extract out of their Books ſhall be a ſufficient Warrant for a Charge of Horning for payment of their Shares, againſt the Perſons to be named who receives the Money. And the Committee are of Opinion that Gavin Plummer and Andrew Cockburn, who were Caſhiers of the ſaid Company when the Sums of Money foreſaid were payed in to the Company ſhould now be the Caſhiers and Tellers for receiving the [231] Sums above-written from the Commiſſioners of the Equivalent, and for paying out and delivering the ſame to the reſpective Proprie⯑tors, and others deriving Right from them, upon the ſaid Gavin Plum⯑mer & Andrew Cockburn, their finding ſufficient Caution of their Faith⯑fulneſs in performing the Premiſſes in the ſame manner as they found formerly; And in caſe the ſaid Sum be not pay'd at the ſaid firſt of May next, to the Perſons foreſaid, Then, and in that caſe, the Committee are of Opinion, That the Sum of One Hundred and Fifty Five Thouſand and Fifty Four Pounds Fifteen Shillings and Two Thirds of a Penny, as a part of the ſaid Total Sum due and payable at the ſaid firſt day of May next, ſhould bear Annualrent from and after the ſaid firſt day of May, during the not payment there⯑of, and that the Annualrent after the firſt of May foreſaid, effeiring to the ſaid Sum of One Hundred and Fifty Five Thouſand and Fif⯑ty Four Pounds Fifteen Shillings and Two Thirds of a Penny, ſhould be payed out of the Equivalent in the ſame manner and to the ſame Perſons, as the principal Sum and Annualrents due before the ſaid firſt of May next.

And alſo the Committee find, That the Debts due to the Company by the Proprietors of their Subſcription-Money, with Intereſt till the firſt of May next, extends to the Sum of Twenty Two Thouſand Nine Hundred and Fifty One Pounds Three Shillings Three Pence and Three Sevenths of a Penny, which Sum the ſaid Committee are of Opinion, needs not be ſought in from the ſaid Debitors, in re⯑gard the ſame behoved to be payed back to them, and would in⯑creaſe the Capital Stock due to the Company.

And the Committee find, That the Dead Stock belonging to the ſaid Company, and conſiſting of the Ship the Caledonia lying in the River of Clyde, with her Furniture, Guns, and Apparelling, That Lodging at the Back of Milns Square over againſt the Tron-Kirk, with ſome little Houſhold Pleniſhing therein, and the Companies Share of the Cargo of the Speedwel Shipwracked in the Eaſt-Indies, effeiring to the Stock of Six Hundred Pounds Sterling, with the Bur⯑den of Cellar Rent of the Stores of the Caledonia, and the Expences of keeping the ſaid Ship after the firſt of May, and of the Fraught, Seamen and Factors Wages of the ſaid Cargo of the Speedwell, and other ſupervenient Charges upon the ſaid Ship and Cargo, doth, in the whole, extend to One Thouſand Six Hundred and Fifty Four Pounds Eleven Shillings and Two Thirds of a Penny Sterling; As to which, the Committee having conſidered, That the Commiſſio⯑ners of the Council General and Directors, who are to Receive the Money, and grant Diſcharges therefore, are not only to be bound in abſolute Warrandice by the ſaid Diſcharges, but be obliged to give perſonal Attendance both at receiving in and giving out the ſaid Money, and to keep an Office for that Effect, and to pay Ca⯑ſhiers, Tellers and Book-keepers, and to provide Books, Cheſts and other Conveniencies for receiving and keeping the Money, until it be payed out, and will be likeways obliged and burdened to im⯑ploy Advocates, Writers and other Perſons, for Adviſing the Diſ⯑charges [232] to be granted at receiving, and paying out of the Money, and defending Proceſſes on Competition of Rights, or making up of ſufficient Titles in the Perſon of theſe who are to receive out the Money, and the neceſſar Attendance and Loſs of Time of the ſaids Commiſſioners of the Council General and Directors, both for by⯑gones and in time coming, and the Loſſes upon Telling at receiv⯑ing in and giving out of the Money; The ſaid Committee are of Opinion, That the foreſaid Dead Stock, extending in hail, with and under the ſaid Burden, to the ſaid Sum of One Thouſand Six Hundred and Fifty Four Pounds Eleven Shillings and Two Thirds of a Penny Sterling, ought to be allowed to the ſaid Company, and retain'd by them for the Ends and Uſes foreſaid, and particularly, to enable the Council General and Directors of the ſaid Company to pay ſuch neceſſary Allowances & Satisfaction to the ſeveral Gentlemen who ſuffered in their Perſons and Goods for the Companies Services, as their Services, Loſſes and Sufferings do juſtly merit.

And the Committee having conſidered the Act of Parliament eſta⯑bliſhing the Company, Privileges therein-contained, and that part of the Repreſentation relating thereto, They are of Opinion, That, when the Company is Diſſolved, and the Capital Stock and Intereſt paid in by the Commiſſioners, and others intruſted with the Equivalent, to the Hands of the Commiſſioners appointed by the Council General and Directors to receive the ſame, every Proprietors Share may be recovered out of the Hands of the ſaid Commiſſioners, to be appointed by the ſaid Council General and Directors, as other Money belonging to private Perſons.

Sic Subſcribitur HADDINGTOUN I. P. C.

On the Third of March the Report of the Committee was only again read, and little done, the Day being taken up on private Buſineſs.

On the Fifth they ſpent a little Time in conſidering fur⯑ther the Report of the Committee—, and read an Over⯑ture concerning the Debts of the Company, which, as it was the Foundation of the Act that afterwards paſſed, and by which all this Matter was ſettled, I think it very needful to publiſh it, and have therefore placed it in the Appendix, No. A x x.

Upon this Overture, as is above noted, together with the Report of the Committee, the Act for ſettling the pay⯑ment of theſe Things out of the Equivalent to the African Company was built, and the Regulation being exactly ſet down in the Print, any further Obſervation ſeems need⯑leſs.

MINUTE LXXXII.

[233]
Monday 10. March 1707.

Prayers Said,

Rolls Called,

Thereafter the Six Clerks of Seſſion were Recommended to Her Majeſty, and to the Lords Commiſſioners of Her Majeſties Theſaury and Exchequer, and other Managers of the publick Revenues, for payment of the Gratification allowed to them by the Parliament, for their Pains and Services in the Terms of a Recommendation thereanent.

Report brought in from the Committee, to whom it was remit⯑ted the fifth inſtant, to reconſider the Accompt due to the Indian and African Company was read; whereby deducing the Annual⯑rents formerly allowed by the Company, the Total of the Sums due to the Company of Stock, Intereſt and Debts at the firſt of May next, will only extend to L. 232884 05 ⅔ Sterling.

And after ſome Reaſoning thereon, the Vote was put, Approve of the above Sum as the Quota, Yea, or Not; and it carried, Ap⯑prove.

Thereafter it was moved, That ſeeing the Quota due to the Indi⯑an and African Company was now eſtabliſhed, that the Diſtribution of the above Quota ſhall be committed to the Commiſſioners ap⯑pointed, or to be appointed for diſpoſing of the Equivalent, who are to be under the ſame Obligations and Qualifications, and lyable to the ſame Diligence to the ſeveral Proprietors and Creditors of the Company, as is contained in the Report of the Committee.

And it was alſo moved, That the above hail Quota ſhall be payed in together to ſuch Perſons as are, or ſhall be appointed by the Council General or Directors of the Company, for diſtributing thereof in the above Terms.

And after ſome Debate, a Vote was ſtated, Whether the Quota due to the Indian and African Company ſhall be payed by the Commiſ⯑ſioners for diſpoſing of the Equivalent (who ſhall be lyable conjunctly and ſeverally in ſolidum to a Charge of Horning as upon Forreign Bills and Inland Precepts, and that the payment ſhall be made by the ſaid Commiſſioners to each particular Proprietor without Delay, Loſs or De⯑falcation, and that the ſaids Commiſſioners, nor any of them, or any other in their Name upon their Account, or for their Behove, ſhall not take Right to the ſaids Debt, or make Compoſitions or Tranſactions there⯑anent, under the Pain of Infamy and other Pains of Law;) or to Per⯑ſons to be appointed by the Council General and Directors of the Company.

But before Voting, it was agreed, That the Members Votes be marked, and that the Liſt of their Names, as they ſhall Vote, be Printed and Recorded.

[234] Then the Vote was put, Whether the Money ſhall be payed by the Diſpoſers of the Equivalent to the Proprietors; or, to Perſons to be ap⯑pointed by the Council General, and it carried, to the Proprietors.

Ordered, That the Directors of the Indian and African Company ſhall, betwixt and the firſt day of May next to come, make up ex⯑act Liſts of the reſpective Debts which then fall due to the ſeveral Proprietors of the ſaid Company, or to ſuch Perſons to whom the ſame is transferred by the firſt Proprietors, and that the ſaid Liſts ſo made up ſhall be ſubſcribed by Five of the Directors, and by them be delivered in to the Managers of the Equivalent, betwixt and the ſaid Day.

As alſo Ordered, That the ſaid Directors ſhall, when required, give out to every Proprietor, or Perſon, in whoſe favours Tranſ⯑ferrences are, or ſhall be made, exact Abbreviates of the particular Sums which fall due to each of them, at the ſaid firſt Day of May next, ſubſcribed by Three of the ſaid Directors, and that gratis, in Order to the Proprietors or Perſons, to whom the ſame is transferred, their demanding payment thereof, or uſing Diligence therefore.

Ordered likeways, That the ſaid Directors ſhall, betwixt and the ſaid firſt Day of May next to come, make up an exact Accompt of all Debts due by the ſaid Company, and to whom, and of the Ex⯑tent of every Creditors Debt at the ſaid firſt Day of May next, and that they ſhall, betwixt and the ſaid Day, deliver to the Diſpoſers of the Equivalent, the ſaid Accompt duly ſubſcribed by Five of the ſaid Directors; As alſo, That they ſhall give out to every Creditor an Abbreviate of the particular Debts due to him gratis, which is to be ſubſcribed by Three of the ſaid Directors to the effect fore⯑ſaid.

Ordered, That Diligence ſhall paſs, and be directed at the In⯑ſtance of the Diſpoſers of the Equivalent againſt the Directors of the ſaid Company, for recovering exact Liſts and Accompts of all the Debts of the Company immediately after the ſaid firſt Day of May next, in caſe of their Deficiency.

Ordered alſo, That the ſaid Directors ſhall, betwixt and the firſt Day of May next, make up and deliver in as above, exact Liſts and Accompts of the dead Stock of the ſaid Company, and that the ſaid Directors ſhall have Allowance of the Sum of 300 lib. Sterling, out of the firſt and readieſt of the Price of the Companies Houſe to be diſpoſed of by them, for defraying the Charges of making up the Liſts and Accompts.

And upon a Petition given in by Captain Colin Campbell, Cap⯑tain Charles Stuart, Lieutenant Robert Turnbul, who were Sufferers and Loſers in the Companies Expedition and Service, there was a Sum allowed to them out of the ſaid dead Stock, conform to an In⯑terloquitor on their Petition.

Agreed alſo, That, upon the Commiſſioners for diſpoſing the Equivalent, their receiving of the above Sum of 232884 lib. 5 ſh. ⅔ Sterling, there ſhall be a Proclamation iſſued from the Privy Coun⯑cil, [235] certiorating the Liedges, That the ſaid Sum is in their Hands, and thereupon agreed, that the ſaid Company be diſſolved.

Report brought in from the Committee anent the Coyn was read, and the further Conſideration thereof delayed till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

MINUTE LXXXIII.

Tueſday 11. March 1707.

Prayers ſaid,

Rolls Called,

Report brought in from the Committee, anent the payment of ſome Debts found due by the African and Indian Company, not formerly ſtated out of the dead Stock of the ſaid Company, and recommending ſeveral other perſons in Conſideration of their Loſſes and Sufferings, to be payed out of the ſaid dead Stock read, and the Report approven, as to the payment of the Company's Debts out of the dead Stock, and the Remainder of the ſaid dead Stock after payment of 650 lib. ſterl. formerly appointed to be payed furth thereof, and after payment of the above Debt: was granted to be applyed and divided amongſt the perſons mentioned in the ſaid Re⯑port, and among the Repreſentatives of Mr. Alexander Ogilvie, An⯑drew Brown, Hugh Roſs, and Captain Alexander Montgomery, and none other, by ſuch Proportions as the Committee ſhall think fit, to whom the Determination thereof is remitted.

Report of the Committee anent the Coyn again read, and the firſt Paragraph thereof thereafter read, and after ſome debate there⯑on, the further Conſideration adjourned till next Sederunt of Parlia⯑ment.

Adjourned till Thurſday next at Ten a Clock.

MINUTE LXXXIV.

Thurſday 13. March 1707.

Prayers ſaid,

Rolls Called,

Report of the Committee anent the Coyn again read, and upon reading of the ſecond Paragraph of the ſaid Report, that for making up of the Loſſes which private Perſons may ſuſtain by the Engliſh Money as its now current in this Kingdom; particular Perſons be [236] appointed, before whom all perſons are by Proclamation to be re⯑quired to compear and tell down what Engliſh Money they have.

It was moved, that the filling up of the Perſons and Places where the Money is to be told down, be remitted to the Privy Council.

And after ſome Diſcourſe thereon, the Vote was put, Remit to the Privy Council to name the Perſons, Places and Time; Or, determine in Parliament, and it carried Remit.

Agreed, that the Loſs by the Silver coyned is only to be made up.

And after ſeveral other Additions and Amendments, the Report of the Committee as amended was approven nemine contradicente.

And it was remitted to the Privy Council to emit a Proclamati⯑on thereant, in ſuch Terms, and with ſuch Orders, and appointing the Execution thereof after ſuch Method and Manner as they ſhall think fit, conform to a particular Remit and Order of Parliament thereanent.

Adjourned till Monday next at Ten of the Clock.

MINUTE LXXXV.

Monday 17. March 1707.

Prayers Said,

Rolls Called,

Overture for an Act for ſelling Herring by Meaſure, read, and Or⯑dered to be Printed.

Overture for an Act for Reſcinding the 15 Act of the 5 Seſſion of King William's Parliament, Entituled, Act for Encouragement of Freachers at Vacant Churches be North Forth; and the 13th Act of the 6th Seſſion of King Williams Parliament, Entituled, Act in favours of the African and Indian Company, Read, and ordered to ly on the Table.

Overture for an Act for payment of the Capital and Intereſt to the Proprietors of the African and Indian Company of Scotland out of the Equivalent, read, and after ſome Amendments, a firſt read⯑ing ordered to be marked thereon, and ordered to be Printed be⯑fore a ſecond reading.

Act for Burying in Woollen read a ſecond time, and after reaſon⯑ing thereon, it was put to the Vote, Approve of the Act or Not; and it carried Approve.

Overture for an Act concerning Chirurgeons and Apothecaries in Edinburgh, read a ſecond time.

Petition for the Royal Colledge of Phyſicians in Edinburgh againſt the ſaid Act alſo read, and after reaſoning, it was moved that the Phyſicians ought to be cited before the Act can paſs; And it was [237] alſo moved, that the Phyſicians be heard thereanent next Sederunt of Parliament.

And after further reaſoning, the Vote was ſtated, Hear the Parties Procurators next Sederunt, or Cite; and it carried Cite.

Adjourned till Wedneſday next at Ten a Clock.

OBSERVATIONS LXXXII, LXXXIII, LXXXIV, LXXXV.

The Committee had now ſettled the Sum, which in the Groſs was to be paid to the Proprietors of the African Com⯑pany; the Queſtion that remained, was, by what Method it ſhould be Diſtributed, and to whom it ſhould be paid—; Two Motions were made about it.

I care not to take notice of ſome Diſputes that happened upon this Occaſion, becauſe they ſeemed to make Perſonal Reflections—; and only ſignified, that ſome People were more Jealous of one another, than I hope there was occaſion for on either Side—; But it was evident, the People who were to receive the Money, were Generally moſt Concerned to have it paid them by the Commiſſioners of the Equivalent immediately, as being the ſureſt Method, and ſo it was at laſt agreed.

The Money being thus Directed, and who ſhould have the payment, it is not Material to take notice of the ſeveral Claims put in, Debts demanded of the Company, and Services to be rewarded, they were all matter of private Intereſt, and I omit them of courſe.

The Affair of the Coyn, and the Report of the Committee, I have Noted already, and as it iſſued in a Proclamation, and that Proclamation recited the Report of the Committee, I have inſerted the whole in the Appendix No L x x.

On the Seventeenth the Act for the payment of the Capi⯑tal and Intereſt of the African and Indian Company was read, & little more but private Buſineſs was done, the Union was now Finiſhed in England, and expected down every day, & the Par⯑liament, ſaving the diſpatch of ſome private Bills, had no⯑thing [238] before them but the African Affair; which held them juſt to the end of their Time.

MINUTE LXXXVI.

Wedneſday 19. March 1707.

Prayers ſaid,

Rolls Called,

Then my Lord Commiſſioner made the following Speeech, viz. My Lords and Gentlemen, I have received by Her Majeſties Command an Exemplification, under the Great Seal of England, of the Act paſt in the Parliament of that Kingdom, Ratifying the Treaty of Ʋnion in the ſame terms as the Treaty was paſt here.

Her Majeſty orders it to be inſerted in the Books of Parliament, and to remain with the Records of this Kingdom; for which end I have put it in my Lord Clerk Registers Hand.

My Lords and Gentlemen, It is a great ſatisfaction to the Queen that the Ʋnion is thus happily concluded in Her Reign, and I'm com⯑manded by Her Majeſty to aſſure you, that nothing ſhall be omitted on Her part, to make the whole Iſland feel the good Effects of it.

And as I doubt not but the finiſhing of this great Affair is acceptable to you, ſo I hope you will ſtudy to promote a cordial Ʋnion with our Neigh⯑bours, for the greater Happineſs and Advantage of both Kingdoms.

Then the Exemplification of the Act of the Parliament of Eng⯑land ratifying the Treaty of Union betwixt Scotland and England, under the Great Seal of England, was read, and ordered to be re⯑corded.

Act for ſecuring the Proteſtant Religion and Presbyterian Church Go⯑vernment. Act ratifying and approving the Treaty of Ʋnion of the two Kingdoms of Scotland and England, And Act for ſettling the manner of Electing the ſixteen Peers and fourty Members to repreſent Scotland in the Parliament of Great-Britain, were ordered to be Proclaimed and Printed.

Thereafter the Act for payment of the Capital and Intereſt to the Proprietors of the African and Indian Company of Scotland out of the Equivalent, was again read: As alſo read over by Paragraphs.

And upon reading the laſt Paragraph, a Petition for the Earl of Crawfurd, craving that a Debt due to the deceaſt Major John Lind⯑ſay by the African Company, might be allowed out of their Effects, was read, and an allowance was granted in the terms of a delive⯑rance thereon.

As alſo, upon another Petition given in by the Relict of Captain Baillie, who died in the ſaid Companies Service, for ſome Allow⯑ance for her great Loſs, an Allowance was alſo granted to her in [239] the terms of a deliverance thereon; and after ſeveral Amendments were made upon the ſaid Act, the ſame was voted and approven.

Adjourned till Friday next at Ten a Clock.

OBSERVATION LXXXVI.

Now the Work drew towards a Cloſe, the long Hopes of thoſe People who promiſed themſelves Doubts, Delays, and long Heſitations in England, were intirely Vaniſhed, and People were generally ſurprized at, the Treaty being ſo readily and ſo ſummarly paſt in England; The Gentlemen on the other Side, had two kinds of Expectation from the Parliament of England.

But all Men were ſurprized, when they underſtood the Parliament of England had paſt it in the Groſs, without the leaſt Deviation, Alteration or Amendment.

The Additions which the Engliſh Parliament made, by inſerting the Act of Security for the Church of England in the Body of the Union, agreeable to the ſame in Scotland, was nothing but what was provided for, according to that Clauſe before Noted, in theſe Terms, That the Parliament of Eng⯑land may provide for the Security of the Church of England, as they think expedient, to take place within the ſaid Bounds of the Kingdom of England, and not Derogating from the Security above provided, for Eſtabliſhing the Church of Scotland within the Kingdom of Scotland, as per the Act of Ratification appears; which Ratification with the Exemplification as it came down from England, is at large Printed immediately after theſe Minutes.

MINUTE LXXXVII.

[240]
Friday 21. March 1707.

Prayers ſaid,

Rolls Called,

Upon a Repreſentation by the Directors of the African Company, That, ſince the Committees Report anent the Debts of the ſaid Company, and Act of Parliament thereupon, there appears ſome ſmall Claims againſt the Directors upon the Companies Accompt; The Parliament did recommend to the Commiſſioners for the Equi⯑valent, to pay ſuch further Sums, as ſhall be duly inſtructed by the Directors on the Companies Accompt, not exceeding the Sum of One Hundred and Fifty Pounds Sterling.

Warrant granted to cite the Phyſicians of the Royal Colledge of Edinburgh in common Form, upon a Petition given in by the Chi⯑rurgeon Apothecaries.

Report of the Committee anent the publick Debts read, and an Overture for an Act concerning publick Debts alſo read; and a firſt Reading ordered to be marked thereon, and ordered to be Printed before a ſecond Reading.

Adjourned till Monday next at Ten of the Clock.

MINUTE LXXXVIII.

Monday 24. March 1707.

Prayers ſaid,

Rolls Called,

Additional Liſts of Commiſſioners of Supply for ſeveral Shires gi⯑ven in and read, and ordered to be added to the Commiſſioners formerly named for the ſaid reſpective Shires:

Thereafter the Act concerning publick Debts read a ſecond time, and again read over by Paragraphs, and after ſome Amendments and Additions, the Acts as amended was voted and approven.

Then it was moved, That now, in the Concluſion of the Parlia⯑ment, a Letter to Her Majeſty be brought in, and a Draught of a Letter being accordingly brought in and read, the ſame, after ſome Amendments, was voted and approven.

Thereafter the following Petitions, viz. Petition Thomas Lockhart Surveyer at Leith, Petition Enſign William Dick, Petition Mr. Robert Henderſon Bibliothecar of the Colledge of Edinburgh, were all mov⯑ed, [241] and recommended to Her Majeſty in the Terms of the Delive⯑rances on their reſpective Petitions.

Petition Alexander Black and Partners of a Starch Manufactory for endowing their Work with the Privileges of other Manufactories, and for impoſing a Duty on Forreign Starch, read, and the Deſire thereof granted in part, conform to a Deliverance on the Petition.

James Finlayſon Servitor to Mr. Robert Alexander one of the Clerks of Council and Seſſion, Recommended to Her Majeſties Theſaury, conform to a Deliverance on his Petition.

Petition John Hamilton Town Clerk of Irvine moved, and recom⯑mended to Her Majeſty in the Terms of a Deliverance thereon.

Adjourned till to Morrow at Ten of the Clock.

MINUTE LXXXIX.

Tueſday 25. March 1707.

Prayers Said,

Rolls Called,

James Cuninghame of Auchinharvie younger, was, upon his Peti⯑tion, Recommended to Her Majeſty in the Terms of the Deliverance thereon.

The Lord Preſident and remanent Lords of Council and Seſſion Recommended in a ſpecial manner to Her Majeſty for the Augmen⯑tation of their Sallaries, conform to a Recommendation apart.

The Macers and Clerks Servants, and Keepers and Servants of the Houſe, Recommended to the Lords of Her Majeſties Theſaury, for a Gratification for their Attendance and Service this Seſſion of Par⯑liament, conform to Deliverances on their reſpective Petitions.

James Steven Uſher likeways Recommended to the Lords of The⯑ſaury upon a Petition, conform to a Deliverance thereon.

William Bayne, upon a Petition, Recommended to Her Majeſty, conform to the Deliverance on the ſaid Petition.

Acts of Ratification in favours of ſeveral Perſons read and paſt.

Proteſtation taken in favours of the Duke of Hamilton againſt one of the above Ratifications in favours of the Duke of Douglaſs, in ſo far as concerns his firſt Vote in Parliament, and other Preceden⯑cies therein-mentioned.

As alſo ſeveral Warrants for Fairs read and granted.

Ordered, That the Fairs granted this Seſſion of Parliament, if not Extracted within Six Months, ſhall be void and null.

It being moved to Recommend Mr. William Paterſon to Her Ma⯑jeſty for his good Service; after ſome Reaſoning thereon, it was put to the Vote, Recommend him to Her Majeſty, or Not; and it carried, Recommend.

Alexander Baillie Servitor to the Lord Regiſter Recommended to the Lords of Theſaury, on a Petition conform to Deliverance thereon.

[242] The following Acts, viz. Act in favours of the Incorporations of Edinburgh for a Maiden Hoſpital, Act in favours of the Town of Dun⯑dee, Act in favours of the Town of Aberdeen, Act in favours of the Duke of Hamilton and Town of Borrowſtounneſs, Act in favours of the Burgh of Kirkaldie, Act renouncing the Reverſion of Kirk-lands, Act in favours of the Burgh of Kinghorn, Act for clearing the Paſſage through the Mary-Wynd in the Burgh of Stirling, Act in favours of the Earl of Linlithgow and Callendar, Act in favours of the Lady Littlegil and her Son, Act of Naturalization of John Henry Hugue⯑tan, Act for the Naturalization of ſeveral Forreigners, Act for preſerv⯑ing the Game, Act in favours of the Earl of Buchan, Act of Diſſolution of the Mines and Minerals belonging to his Grace the Duke of Queenſ⯑berry, Act for burying in Woollen, Act in favours of the Maiden-Hoſ⯑pital, founded by the Company of Merchants and Mary Erskine, Act concerning the payment of the Sums out of the Equivalent to the African Company, and Act concerning the publick Debts, were all touched with the Royal Scepter by Her Majeſties High Commiſſioner in the uſual manner.

Act Salvo Jure Cujuſlibet read, and it being again read over, it was Voted and Approven, and touched with the Royal Scepter by Her Majeſties High Commiſſioner in the uſual manner.

Then His Grace Her Majeſties High Commiſſioner made the fol⯑lowing Speech.

My Lords and Gentlemen,

The Publick Buſineſs of this Seſſion being now over, it is full time to put an end to it.

I am perſwaded, That we and our Poſterity will reap the Benefit of the Union of the Two Kingdoms, and I doubt not, That, as this Parliament has had the Honour to conclude it, you will, in your ſeveral Stations, recommend to the People of this Nation, a Grateful Senſe of Her Majeſties Goodneſs and great Care for the Wel⯑fare of Her Subjects, in bringing this Important Affair to Perfecti⯑on, and that you will promote an Univerſal Deſire in this King⯑dom to become one in Hearts and Affections, as we are inſeparably joyn'd in Intereſt with our Neighbour Nation.

My Lords and Gentlemen,

I have a very deep Senſe of the Aſſiſtance and Reſpect I have met with from you in this Seſſion of Parliament, and I ſhall omit no Occaſion of ſhewing, to the outmoſt of my Power, the Grateful Remembrance I have of it.

Adjourned till the Twenty Second Day of April next.

OBSERVATIONS LXXXVII, LXXXVIII, LXXXIX.

We are now come to the End of the Work, the Exempli⯑fication of the Treaty had been Read and Recorded, and all things relating to the Union was over.

[243] What follows, amounted to nothing but paſſing and touching the private Acts of the Parliament that lay yet be⯑fore them, and recommending to Her Majeſty ſuch Perſons as the Parliament thought merited well from the Govern⯑ment, and moſt of whoſe Employments were to ceaſe with the Alteration of the Government—; And this being done, the Commiſſioner concluded the wholewith a Speech as above, and the Parliament broke up—, was Adjourned as per the Minute, and afterward, viz. The Twenty Eighth of April, Diſſolved.

Here follows the exact Copy of the Act of Ratification of the Treaty of Union, as it was paſs'd in the Parliament of Scotland, with the Exemplification thereof from England, as it ſtands Recorded in Scotland, by Order of the Parliament there.

ACT Ratifying and Approving the Treaty of the Two King⯑doms 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 Twenty Second of July, One Thouſand Seven Hundred and Six Years, by the Commiſſioners Nominated on Behalf of this Kingdom, under Her Ma⯑jeſties Great Seal of Scotland, bearing Date the Twenty Seventh of Febru⯑ary 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 Majeſties Great Seal of England, bearing Date at Weſtminſter the Tenth Day of April laſt paſt, in purſuance of an Act of Par⯑liament made in England the Third Year of Her Majeſties Reign, To Treat of and concerning an Union of the ſaid Kingdoms; Which Articles were, in all Humility, preſented to Her Majeſty, upon the Twenty Third of the ſaid Month of July, and were Recommended to this Parliament by Her Majeſties Royal Letter of the Date the Thirty One Day of July One Thouſand Seven Hundred and Six; And that the ſaid Eſtates of Parlia⯑ment have agreed to, and approven of the ſaid Articles of Union, with ſome Additions and Explanations, as is contained in the Articles hereaf⯑ter inſert. And ſicklike, 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 paſt in this Seſſion of Parliament an Act, Intituled, 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 expreſly 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 Eſta⯑bliſhment of the ſame, upon full and mature Deliberation upon the fore⯑ſaid Articles of Union, and Act of Parliament, Doth Ratify, Approve and Confirm the ſame, with the Additions and Explanations contained in the ſaids Articles, in manner, and under the Proviſions after-mentioned, [244] whereof the Tenor follows. I. ARTICLE, That the Two Kingdoms of Scotland and England ſhall, upon the Firſt Day of May next en⯑ſuing the Date hereof, and for ever after, be United into one Kingdom by the Name of GREAT-BRITAIN, and that the Enſigns Armorial of the ſaid United Kingdom be ſuch as Her Majeſty ſhall ap⯑point, and the Croſſes of St. Andrew and St. George be conjoyned in ſuch manner as Her Majeſty ſhall think fit, and uſed in all Flaggs, 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 Do⯑minions thereunto belonging, after Her moſt Sacred Majeſty, and in De⯑fault of Iſſue of Her Majeſty, be, remain and continue to the moſt Ex⯑cellent Princeſs Sophia Electoreſs and Dutcheſs Dowager of Hannover, 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 the Third, Intituled, An Act for the further Limitation of the Crown, and better ſe⯑curing 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 be enjoyed by ſuch Perſon, being a Proteſtant, as ſhould have inhe⯑rited 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, Intituled, An Act declaring the Rights and Liberties of the Subject, and ſettling the Succeſſion of the Crown. III. That the United Kingdom of Great-Britain be Repreſented by one and the ſame Parliament, to be ſtiled the Parliament of Great-Britain. IV. That all the Subjects of the United Kingdom of Great-Britain, ſhall, from and after the Union, have full Freedom and Intercourſe or Trade and Navigation, to and from any Port or Place within the ſaid United Kingdom, and the Dominions and Plan⯑tations thereunto belonging, and that there be 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 expreſly agreed in theſe Articles. V. That all Ships or Veſſels belonging to Her Maje⯑ſties Subjects of Scotland, at the Time of Ratifying the Treaty of Union of the Two Kingdoms in the Parliament of Scotland, though Foreign built, be deem'd 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 Firſt of May next, making Oath, That, at the time or Ratifying the Treaty of Union in the Parliament of Scot⯑land, the ſame did, in hail 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 there⯑in; 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 be Impowered to Adminiſter the ſaid Oath: And the ſaid Oath being ſo Adminiſtred, ſhall be Atteſted by the Officer, or Officers, who Adminiſtred the ſame, and being Regiſtred 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 [245] 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 for ever, from and after the Uni⯑on, ſhall have the ſame Allowances, Encouragements and Drawbacks, and be under the ſame Prohibitions, Reſtrictions and Regulations of Trade, and lyable 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 King⯑dom, 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 intire to them, in all reſpects, as before the ſame; And that, from and after the Union, no Scots Cattle carried into England, ſhall be lyable to any other Duties, either on the publick or private Accounts, than theſe Duties, to which the Cattle of England are, or ſhall be lyable within the ſaid Kingdom. And ſeing, by the Laws of England, there are Rewards granted upon the Exportation of certain kinds of Grain, wherein Oats Grinded or Un⯑grinded are not expreſſed, That, from and after the Union, when Oats ſhall be ſold at Fifteen Shillings Sterling per Quarter, or under, there ſhall be payed Two Shillings and Six Pence Sterling for every Quarter of the Oat Meal Exported in the Terms of the Law, whereby, and ſo long as Rewards are granted for Exportation of other Grains, and that the Bear 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 Uni⯑on, remain in the ſame Force as now it is, until more proper and effectu⯑al ways be provided by the Parliament of Great-Britain, for Diſcourag⯑ing the Importation of the ſaid Victual from beyond Sea. VII. That all parts of the United Kingdom be for ever, from and after the Union, lyable to the ſame Exciſes upon all Exciſeable 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 Brew⯑ar at Nine Shillings Six Pence Sterling, excluding all Duties, and Retail⯑ed; including Duties and the Retailers Profit, at Two Pence the Scots Pint, or Eight Part of the Scots Gallon, be not, after the Union, lyable, on Account of the preſent Exciſe upon Exciſeable Liquors in England, to any higher Impoſition than Two Shillings Sterling upon the foreſaid Thir⯑ty 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, VIII. That, from and after the Union, all Foreign Salt, which ſhall be Imported into Scotland, ſhall be charged, at the Importa⯑tion there, with the ſame Duties, as the like Salt is now charged with, being Imported into England, and to be 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 Fo⯑reign Salt Imported into Scotland, ſhall be Cellared and Locked up under the Cuſtody of the Merchant Importer, and the Officers imployed for levying the Duties upon Salt, And that the Merchant may have what Quantities thereof his Occaſion may require, not under a Weigh or Four⯑ty [246] 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 Se⯑ven 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 ſub⯑ject and lyable 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 Eng⯑land; With this Exception, That Scotland ſhall, after the ſaid Seven Years, remain Exempted from the Duty of Two Shillings and Four Pence a Buſhel on Home Salt, Impoſed by an Act made in England in the Ninth and Tenth of King William the Third 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 Two Shillings and Four Pence 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 Equiva⯑lent in the Terms of this Treaty: And that, during the ſaid Seven Years, there ſhall be payed in England, for all Salt made in Scotland, and Im⯑ported 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 be levied and ſe⯑cured in England. And that, after the ſaid Seven Years, how long the ſaid Duty of Two Shillings Four Pence a Buſhel upon Salt is continued in England, the ſaid Two Shillings Four Pence a Buſhel ſhall be payable for all Salt made in Scotland, and Imported into England, to be levied and ſecured in the ſame manner; And that, during the Continuance of the Duty of Two Shillings Four Pence a Buſhel upon Salt made in England, no Salt whatſoever be brought from Scotland to England by Land in any manner, under the Penalty of Forfeiting the Salt, and the Cattle and Carriages made Uſe of in bringing the ſame, and paying Twenty Shillings 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 lyable joyntly and ſeverally, and the Perſons bringing, or car⯑rying 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 payed. 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 Fo⯑reign Voyages, may be Salted with Scots Salt, paying the ſame Duty for what Salt is ſo Imployed, as the like Quantity of ſuch Salt pays in England, and under the ſame Penalties, Forfeitures and Proviſions, 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 Salmond 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 Scotland, 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, Proemiums and Draw-backs, as are or ſhall be allowed to ſuch Perſons as Export the like Fiſh from England: And that, for En⯑couragement of the Herring Fiſhing, there ſhall be allowed and payed to the Subjects Inhabitants of Great-Britain, during the preſent Allowan⯑ces for other Fiſhes, Ten Shillings Five Pence Sterling for every Barrel of White Herrings which ſhall be Exported from Scotland; And that [247] there ſhall be allowed Five Shillings 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 Par⯑liament of Great-Britain. And if any Matters or Fraud relating to the ſaid Duties on Salt ſhall hereafter appear, which are not ſufficiently provid⯑ed againſt by this Article, the ſame ſhall be ſubject to ſuch further Provi⯑ſions, as ſhall be thought fit by the Parliament of Great-Britain. IX. That, whenever the Sum of One Million Nine Hundred Ninety Seven Thouſand, Seven Hundred and Sixty Three Pounds, Eight Shillings and Four Pence Half Penny ſhall be Enacted by the Parliament of Great-Bri⯑tain, to be raiſed in that Part of the United Kingdom now called England, on Land, 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 fur⯑ther Sum of Fourty Eight Thouſand Pounds free of all Charges, as the Quo⯑ta 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. X. That, during the Continuance of the reſpective Duties on Stampt Paper, Vellum and Parchment, by ſeveral Acts now in Force in England, Scot⯑land 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 Firſt Day of Auguſt, One Thouſand, Se⯑ven Hundred and Ten, Scotland ſhall not be Charged with the ſame Du⯑ties. XII. That, during the Continuance of the Duties payable in Eng⯑land on Coals, Culm and Cinders, which determines the Thirtieth Day of September One Thouſand Seven Hundred and Ten, Scotland ſhall not be Charged therewith, for Coals, Culm and Cinders conſumed there, but ſhall be 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 deter⯑mines the Twenty Fourth Day of June, One Thouſand Seven Hundred and Seven, 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 Proviſion ſhall be made by the Parliament of Scotland for the Publick Charge and Service of that Kingdom, for the Year One Thouſand Seven Hundred and Seven; 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 be lyable 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 be Charged with any Impoſition upon Malt during this preſent War; And ſeing it cannot be ſuppoſed, that the Par⯑liament 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; There⯑fore it is agreed, That there be no further Exemption inſiſted upon for any part of the United Kingdom, but that the Conſideration of any Ex⯑emptions, [248] beyond what are already agreed on in this Treaty, ſhall be left to the Determination of the Parliament of Great-Britain. XV. Whereas, by the Terms of this Treaty, the Subjects of Scotland, for pre⯑ſerving an Equality of Trade throughout the United Kingdom, will be lyable 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 be ſo Charged towards payment of the ſaid Debts of England in all particulars whatſoever, in manner fol⯑lowing, viz. That, before the Union of the ſaid Kingdoms, The Sum of Three Hundred Ninety Eight Thouſand and Eighty Five Pounds Ten Shillings 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 Exciſeable Li⯑quors, with which that Kingdom is to be 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 Thirty Thouſand Pounds per Annum, do bear to the Cuſtoms in England, com⯑puted at One Million Three Hundred Fourty One Thouſand Five Hun⯑dred and Fifty Nine Pounds per Annum, and which the preſent Exciſes on Exciſeable Liquors in Scotland, being Thirty Three Thouſand and Five Hundred Pounds per Annum, do bear to the Exciſes on Exciſeable Liquors in England, computed at Nine Hundred Fourty Seven Thouſand Six Hundred and Two Pounds per Annum, Which Sum of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings, ſhall be due and payable from the Time of the Union: And in regard, that, after the Union, Scotland becoming lyable to the ſame Cuſtoms and Duties payable on Import and Export, and to the ſame Exciſes on all Exciſeable 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 Conſe⯑quence 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 proportionable Equivalent anſwered to Scotland, It is agreed, That, after the Union, there ſhall be an Account kept of the ſaid Duties ariſing in Scotland, to the end it may appear, what ought to be anſwered to Scotland, as an Equivalent, 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-mention⯑ed, 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 Exciſeable Liquors in Scotland, over and above the Annual Produce of the ſaid reſpective Duties as above ſtated, ſhall go and be applyed 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 Pro⯑portion 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 hereaf⯑ter become lyable 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 Exciſeable Liquors, in reſpect of which Debts, Equivalents are herein before provid⯑ed; And as for the Uſes, to which the ſaid Sum of Three Hundred Nine⯑ty Eight Thouſand Eighty Five Pounds Ten Shillings to be granted as aforeſaid, and all other Moneys which are to be anſwered or allowed to [249] Scotland as ſaid is, are to be applyed; 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 Coyn of Scotland to the Standart and Value of the Coyn 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 In⯑tereſt for the ſaid Capital Stock, after the Rate of Five per Cent. per An⯑num, from the reſpective times of the payment thereof, ſhall be payed; Upon payment of which Capital Stock and Intereſt, it is agreed the ſaid Compa⯑ny be diſſolved and ceaſe; And alſo, That, from the time of paſſing the Act of Parliament in England, for raiſing the ſaid Sum of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings, the ſaid Com⯑pany ſhall neither Trade, nor grant Licence to Trade, Providing, That, if the ſaid Stock and Intereſt ſhall not be payed in Twelve Months after the Commencement of the Union, That then the ſaid Company may, from thence foreward, Trade, or give Licence to Trade, until the ſaid hail Capital Stock and Intereſt ſhall be payed: And as to the Overplus of the ſaid Sum of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings, after payment of what Conſiderations ſhall be had for Loſſes in repairing the Coyn, and paying the ſaid Capital Stock and In⯑tereſt; And alſo the hail 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 afore⯑ſaid, may become payable to Scotland by way of Equivalent, for what that Kingdom ſhall hereafter become lyable towards payment of the Debt of England; It is agreed, That the ſamen be applyed in manner fol⯑lowing, viz. That all the Publick Debts of the Kingdom of Scotland, as ſhall be adjuſted by this preſent Parliament, ſhall be payed; And that Two Thouſand Pounds per Annum, for the ſpace of Seven Years, ſhall be apply⯑ed towards Encouraging and Promoting the Manufacture of coarſe Wooll, within theſe Shires which produce the Wooll, and that the Firſt Two Thou⯑ſand Pounds Sterling be payed at Martinmaſs next, and ſo yearly at Mar⯑tinmaſs during the ſpace foreſaid; And afterwards, the ſame ſhall be whol⯑ly applyed 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 Impowered to appoint Commiſſioners, who ſhall be account⯑able to the Parliament of Great-Britain, for diſpoſing the ſaid Sum of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings, and all other Moneys which ſhall ariſe to Scotland upon the Agreements afore⯑ſaid, to the Purpoſes before-mentioned; Which Commiſſioners ſhall be Im⯑powered to Call for, Receive and Diſpoſe of the ſaid Moneys in manner aforeſaid, and to Inſpect the Books of the ſeveral Collectors of the ſaid Re⯑venues, and of all other Duties, from whence an Equivalent may ariſe; And that the Collectors and Managers of the ſaid Revenues and Duties, be obliged to give to the ſaid Commiſſioners ſubſcribed authentick 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 Books, 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 Coyn ſhall be of the ſame Standart and Value throughout the United Kingdom, as now in England, and a Mint ſhall be continued in [250] 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-Bri⯑tain ſhall think fit. XVII. That, from and after the Union, the ſame Weights and Meaſures ſhall be uſed throughout the United Kingdom, as are now Eſtabliſhed in England, and Standarts of Weights and Meaſures ſhall be kept by thoſe Burrows in Scotland, to whom the keeping the Stan⯑darts of Weights and Meaſures, now in Uſe there, does of ſpecial Right belong; All which Standarts ſhall be ſent down to ſuch reſpective Burrows, from the Standarts kept in the Exchequer at Weſtminſter, ſubject neverthe⯑leſs 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 lyable, 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, remain 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 publick Right, Policy and Civil Government, and thoſe which concern private Right, That the Laws which concern publick Right, Poli⯑cy 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 Nam⯑ed by Her Majeſty, or Her Royal Succeſſors, to be Ordinary Lords of Seſ⯑ſion, 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 Writ⯑ers to the Signet be capable to be admitted a Lord of the Seſſion, unleſs he undergo a private and publick Tryal on the Civil Law, before the Fa⯑culty 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 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, as ſhall be made by the Parliament of Great-Britain, and without prejudice of other Rights of Juſticiary: And that all Admiralty Ju⯑riſdictions be under the Lord High Admiral, or Commiſſioners for the Ad⯑miralty of Great-Britain for the time being; And that the Court of Admi⯑ralty, 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 alwiſe continued in Scotland a Court of Admiralty, ſuch as in England, for Determination of all Maritime Caſes re⯑lating to private Rights in Scotland, competent to the Juriſdiction of the Admiralty Court, ſubject nevertheleſs to ſuch Regulations and Alterations, [251] as ſhall be thought proper to be made by the Parliament of Great-Britain; And that the Heretable Rights of Admiralty, and Vice-Admiralties in Scotland, be reſerved to the reſpective Proprietors, as Rights of Property, ſubject nevertheleſs, as to the manner of Exerciſing ſuch Heretable 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 Altera⯑tions by the Parliament of Great-Britain: And that all Inferior Courts within the ſaid Limits, do remain Subordinate, as they are now, to the Supream Courts of Juſtice within the ſame, in all time coming, And that no Cauſes in Scotland be Cognoſcible by the Court of Chancery, Queens-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 Ex⯑chequer has in England; And that the ſaid Court of Exchequer in Scot⯑land 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 Scot⯑land after the Union: And that, after the Union, the Queens Majeſty, and Her Royal Succeſſors, may continue a Privy Council in Scotland, for preſerving of publick Peace and Order, until the Parliament of Great-Bri⯑tain ſhall think fit to Alter it, or Eſtabliſh any other effectual Method for that End. XX. That all Heretable Offices, Superiorities, Heretable Ju⯑riſdictions, 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. XXI. That the Rights and Privileges of the Royal Burrows in Scotland, as they now are, do remain intire after the Union, and notwithſtanding thereof. 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, and Fourty 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 Write 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 Summo⯑ned to Parliament, and Fourty 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 Ingroſſed in this Treaty; And that the Names of the Perſons ſo Summoned and Elect⯑ed, ſhall be Returned by the Privy Council of Scotland, into the Court from whence the ſaid Write did Iſſue; And that, if Her Majeſty, on or before the Firſt 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 Parlia⯑ment 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 [252] the ſaid Lords of Parliament of England, and Commons of the preſent Parliament of England, ſhall be 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 Days after the Date of ſuch Proclamation; And the Time and Place of the Meeting of ſuch Parliament being ſo appointed, a Write 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 Fourty Five Members, by whom Scotland is to be Repreſented in the Parliament of Great-Britain; And the Lords of Parlia⯑ment of England, and the Sixteen Peers of Scotland, ſuch Sixteen Peers being Sum⯑moned and Returned in the ſame manner agreed in this Treaty; And the Mem⯑bers of the Houſe of Commons of the ſaid Parliament of England, and the Fourty Five Members for Scotland, ſuch Fourty Five Members being Elect⯑ed and Returned in the manner agreed in this Treaty, ſhall Aſſemble and 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 Par⯑liament of England might have continued, if the Union of the Two King⯑doms had not been made, unleſs ſooner Diſſolved by Her Majeſty. And that every one of the Lords of Parliament of Great-Britain, and every Mem⯑ber 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 otherways Direct, ſhall take the reſpective Oaths ap⯑pointed to be taken, in ſtead 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, Intituled, An Act for the Abrogat⯑ing 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, Intituled, An Act for the more effectual preſerv⯑ing the Kings 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 Maje⯑ſties Reign, Intituled, An Act to Declare the Alterations in the Oath ap⯑pointed to be taken by the Act, Intituled, An Act for the further Security of His Majeſties 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 reſpec⯑tive Acts, directed to Take, Make and Subſcribe the ſame, upon the Penal⯑ties 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 Declarati⯑on contained in the aforeſaid Acts, which were intended to ſignify the Crown and Realm of England, ſhall be underſtood of the Crown and Re⯑alm of Great-Britain; And that, in that Senſe, The ſaid Oaths and De⯑claration be 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 preceeding Article, to ſit in the Houſe of Lords of the Parliament of Great-Britain, ſhall have all Privileges of Par⯑liament which the Peers of England now have, and which they, or any [253] Peers of Great-Britain ſhall have after the Union, and particularly the Right of ſitting upon the Tryals of Peers: And in caſe of the Tryal of any Peer in time of Adjournment or Prorogation of Parliament, the ſaid Six⯑teen Peers ſhall be Summoned in the ſame manner, and have the ſame Powers and Privileges at ſuch Tryal, as any other Peers of Great-Britain. And that in caſe any Tryals of Peers ſhall hereafter happen, when there is no Parliament in Being, the Sixteen Peers of Scotland, who ſate in the laſt preceeding Parliament, ſhall be Summoned in the ſame manner, and have the ſame Powers and Privileges at ſuch Tryals, 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 Uni⯑on, and before all Peers of Great-Britain of the like Orders and Degrees, who may be Created after the Union, and ſhall be Tryed 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 Tryals 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 ſute the Uni⯑on, be left to Her Majeſty; And that, in the mean time, 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 publick Acts, Inſtruments and Orders of State which concern the whole United Kingdom, and in all other Mat⯑ters 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 paſ⯑ſed the Great-Seal of Scotland, and which only concern Offices, Grants, Commiſſions and private Rights within that Kingdom; And that, until ſuch Seal ſhall be appointed by Her Majeſty, the preſent Great-Seal of Scotland ſhall be uſed for ſuch purpoſes; And that the Privy-Seal, Signet, Caſſet, Signet of the Juſticiary Court, Quarter-Seal, and Seals of Courts now uſed in Scotland, be continued; but that the ſaid Seals be altered, and adapt⯑ed 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, Scepter and Sword of State, the Records of Parliament, and all other Records, Rolls and Regiſters whatſoever, both Publick and Private, General and Particular, and Warrants thereof, continue to be keeped as they are within that part of the United Kingdom, now called Scotland, and that they ſhall ſo remain, in all time coming, notwithſtand⯑ing of the Union. XXV. That all Laws and Statutes in either Kingdom, ſo far as they are contrary to, or inconſiſtent with the Terms of theſe Ar⯑ticles, or any one of them, ſhall, from and after the Union, ceaſe and be⯑come void, and ſhall be ſo declared to be by the reſpective Parliaments of the ſaid Kingdoms.

Follows the Tenor of the foreſaid Act for Securing the Proteſtant Religion and Preſbyterian Church Government.

OUR SOVEREIGN LADY and the Eſtates of Parliament Conſidering, That, by the late Act of Parliament for a Treaty with England, for an [254] 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 Par⯑liament, Doth hereby Eſtabliſh and Confirm the ſaid True Proteſtant Re⯑ligion, and the Worſhip, Diſcipline and Government of this Church, to continue without any Alteration to the People of this Land in all ſucceed⯑ing Generations; And more eſpecially, Her Majeſty, with Advice and Con⯑ſent foreſaid, Ratifies, Approves, and for ever Confirms the Fifth Act of the Firſt Parliament of King William and Queen Mary, Intituled, Act Ra⯑tifying the Confeſſion of Faith, and Settling Preſbyterian Church Government, with the haill 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 Eleventh of April One Thouſand Six Hundred and Eighty Nine; And Her Majeſty, with Advice and Conſent foreſaid, ex⯑preſly 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 Preſbyteri⯑an Church Government and Diſcipline, That is to ſay, The Government of the Church by Kirk Seſſions, Preſbyteries, Provincial Synods and Gene⯑ral 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 Se⯑curity 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 Eſta⯑bliſhed by Law, ſhall continue within this Kingdom for ever. 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 owne 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 practiſe & conform themſelves to the Worſhip preſently in Uſe in this Church, and ſubmit themſelves to the Government and Diſcipline thereof, and never endeavour, directly or in⯑directly, the Prejudice or Subverſion of the ſame; And that before the reſ⯑pective Preſbyteries of their Bounds, By whatſoever Gift, Preſentation or Proviſion they may be thereto provided. And further, Her Majeſty, with Advice foreſaid, expreſly Declares and Statutes, That none of the Subjects of this Kingdom ſhall be lyable to, but all and every one of them for ever free of any Oath, Teſt or Subſcription within this Kingdom, contrary to, or inconſiſtent with the foreſaid 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 preſerve) the So⯑vereign 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 [255] Crown, ſwear and ſubſcribe, that they ſhall inviolably maintain and pre⯑ſerve the foreſaid Settlement of the true Proteſtant Religion, with the Go⯑vernment, Worſhip, Diſcipline, Right, and Privileges of this Church, as a⯑bove 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 Parlia⯑ment, with the Eſtabliſhment therein-contained, ſhall be held and obſerv⯑ed, in all time coming, as a Fundamental and Eſſential Condition of any Treaty or Union to be concluded betwixt the two Kingdoms, without any Alteration thereof, or Derogation thereto, in any ſort for ever. 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 or Union betwixt the two Kingdoms; And that the ſamen ſhall be therein expreſly declared, to be a Fundamen⯑tal and Eſſential Condition of the ſaid Treaty or Union, in all time com⯑ing. 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 per⯑petual Foundation of an compleat and intire 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 Ra⯑tified, Approven and Confirmed by Her Majeſty, with and by the Autho⯑rity of the Parliament of England, as they are now agreed to, approven and confirmed by Her Majeſty, with and by the Authority of the Parlia⯑ment of Scotland. Declaring nevertheleſs, That the Parliament of England may provide for the Security of the Church of England as they think expe⯑dient, to take place within the Bounds 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 favours of the Sub⯑jects of Scotland, To, and in favours of the Subjects of England, which ſhall not ſuſpend or derogate from the Force and Effect of this preſent Ra⯑tification, but ſhall be underſtood as herein included, without the neceſſi⯑ty 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 Ar⯑ticles as above-mentioned, ſhall, from and after the Union, ceaſe and be⯑come void.

Follows the Exemplification under the Great-Seal of England, of the Act of the Parliament of that Kingdom, Intituled, An Act for an Union of the two Kingdoms of ENGLAND and SCOTLAND, as the ſame was tranſ⯑mitted to the Parliament of Scotland, and Ordered to be Recorded.

ANNA DEI Gratia Anglie, Scocie, Francie, & Hibernie Regina, Fidei Defenſor, &c. Omnibus ad quos preſentes Litere pervenerint Salutem; Inſpeximus quoddam Breve noſtrum de Certiorand: e Cur: Cancellar: noſtre nuper emanan: Dilecto & fideli noſtro Matheo Johnſon Armigero Clerico Parliamentorum noſtrorum direct: una cum quodam Re⯑torno ſive Indorſamento in Dorſo ejuſdem Brevis indorſato & inſerto in dictam Cancellar: noſtram retornatum et in filaciis ibm: de Recordo reſi⯑den: [256] in hec verba ANNA DEI Gra: Angl: Scoc: Franc: & Hibnie: Regina Fidei Defenſor &c. Dilco: ſibi Matheo Johnſon Ar: Clico: Parliamentor: Suor: ſaltm: Volentes certis de Cauſis Certiorari ſuper tenorem cujuſdem Actus in inſtanti Parliamento noſtro apud Weſtm: fact: & ordinat: intitulat: An Act for an Union of the two Kingdoms of England and Scotland Vobis Mandamus quod tenorem Actus predict: cum omnibus ill: tangentibus No⯑bis in Cancellar: nram: ſub Sigillo vro: diſtincte & aperte ſine dilone: mit⯑tatis & hoc bre: Teſte meipa: apud Weſtm: ſexto die Martii amo Rni: nri: quinto Wrighte Executio hujus Bris: patet in quadam Schedula huic Bri: annex: prout interius mihi precipitur Math: Johnſon Cler: Parliamentor. Inſpeximus etiam Schedulam premenconatam continentem tenorem Actus predict: Eidemque Brevi annex: Manu & Sigillo Mathei Johnſon Signat: & Sigillat: in Cancellar: nram predictam ſilit: retornat: & in filaciis ibm: de Recordo quo (que) reſiden: in hec verba In Parliament: Inchoat: apud Weſtmo⯑naſter: decimo quarto die Junii Anno Domini Milleſimo Septingenteſimo Quinto Annoque Regni Sereniſſime Dne: nre: ANNE DEI Grat: Angl: Scot: Franc: & Hibnie: Regin: Fidei Defenſor &c. Quarto Communi: omniu: Dnor: tam Spialiu: quam Temporal: & Comunitis: &c. Conſenſu & Regie Majeſtatis Aſſenſu (inter alia) Sancitum Inactitatum & Stabilitum fuit hoc ſequens Statutum, viz. An Act for an Union of the two Kingdoms of Eng⯑land and Scotland, cujus quidem Tenor ſequitur in his verhis; MOST GRACIOUS SOVEREIGN, Whereas, Articles of Union were agreed on the Twenty Second Day of July, in the Fifth Year of your Majeſties Reign, by the Commiſſioners Nominated on Behalf of the Kingdom of England, under Your Majeſties Great-Seal of England, bearing Date at Weſtminſter the Tenth Day of April then laſt paſt, in purſuance of an Act of Parliament made in England, in the Third Year of Your Majeſties Reign; and the Commiſſioners Nominated on the Behalf of the Kingdom of Scotland, under Your Majeſties Great-Seal of Scotland, bearing Date the Twenty Seventh Day of February, in the Fourth Year of Your Majeſties Reign, in purſuance of the Fourth Act of the Third Seſſi⯑on of the preſent Parliament of Scotland, to Treat of and concerning an Union of the ſaid Kingdoms; And whereas an Act hath paſſed in the Par⯑liament of Scotland, at Edinburgh the Sixteenth Day of January, in the Fifth Year of Your Majeſties Reign, wherein 'tis mentioned, That the Eſtates of Parliament Conſidering the ſaid Articles of Union of the two Kingdoms, had agreed to and approved of the ſaid Articles of Union, with ſome Additions and Explanations; And that Your Majeſty, with Advice and Conſent of the Eſtates of Parliament, for Eſtabliſhing the Pro⯑teſtant Religion, and Preſbyterian Church Government within the King⯑dom of Scotland, had paſſed in the ſame Seſſion of Parliament, an Act In⯑tituled, Act for ſecuring of the Proteſtant Religion and Preſbyterian Church Go⯑vernment, which, by the Tenor thereof, was appointed to be inſerted in any Act Ratifying the Treaty, and expreſly declared to be a Funda⯑mental and Eſſential Condition of the ſaid Treaty or Union in all times coming, The Tenor of which Articles, as Ratified and Approved of, with Additions and Explanations, by the ſaid Act of Parliament of Scotland, fol⯑lows,

ARTICLE, 1. That the Two Kingdoms of England and Scotland ſhall, upon the Firſt Day of May, which ſhall be in the Year One Thouſand Se⯑ven Hundred and Seven, and for ever after, be United into one King⯑dom by the Name of GREAT-BRITAIN, And that the Enſigns Ar⯑morial of the ſaid United Kingdom be ſuch as Her Majeſty ſhall appoint, and the Croſſes of St. George and St. Andrew be conjoyned in ſuch man⯑ner as Her Majeſty ſhall think fit, and uſed in all Flaggs, Banners, Standards and Enſigns, both at Sea and Land.

[255] Article 2. That the Succeſſion to the Monarchy of the United King⯑dom of Great-Britain, and of the Dominions thereto belonging, after Her moſt Sacred Majeſty, and in Default of Iſſue of Her Majeſty, be, re⯑main and continue to the moſt Excellent Princeſs Sophia Electoreſs and Dutcheſs Dowager of Hannover, and the Heirs of Her Body, being Pro⯑teſtants, upon whom the Crown of England is ſettled by an Act of Par⯑liament made in England, in the Twelfth Year of the Reign of His late Majeſty King William the Third, Intituled, An Act for the further Limi⯑tation of the Crown, and better ſecuring the Rights and Liberties of the Sub⯑ject: And that all Papiſts, and Perſons marrying Papiſts, ſhall be ex⯑cluded from, and for ever incapable to inherit, poſſeſs or enjoy the Im⯑perial 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 be enjoyed by ſuch Perſon, be⯑ing a Proteſtant, as ſhould have inherited and enjoyed the ſame, in caſe ſuch Papiſt, or Perſon marrying a Papiſt, was naturally dead, according to Proviſion for the Deſcent of the Crown of England, made by ano⯑ther Act of Parliament in England, in the Firſt Year of the Reign of Their late Majeſties King William and Queen Mary, Intituled, An Act de⯑claring the Rights and Liberties of the Subject, and ſettling the Succeſſion of the Crown.

Article 3. That the United Kingdom of Great-Britain be Repreſented by one and the ſame Parliament, to be ſtiled the Parliament of Great-Britain.

Article 4. 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 Unit⯑ed Kingdom, and the Dominions and Plantations thereunto belonging, and that there be 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 expreſly agreed in theſe Articles.

Article 5. That all Ships or Veſſels belonging to Her Majeſties Sub⯑jects of Scotland, at the Time of Ratifying the Treaty of Union of the Two Kingdoms in the Parliament of Scotland, though Foreign built, be deem'd and paſs as Ships of the Built of Great-Britain: The Ow⯑ner, or where there are more Owners, one or more of the Owners, within Twelve Months after the Firſt of May next, making Oath, That, at the time of Ratifying the Treaty of Union in the Parliament of Scot⯑land, 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 there⯑in; 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 be Impowered to Adminiſter the ſaid Oath: And the Oath being ſo Adminiſtred, ſhall be Atteſted by the Officer, or Officers, who Adminiſtred the ſame, and being Regiſtred 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.

Article 6. That all parts of the United Kingdom for ever, from and af⯑ter the Union, ſhall have the ſame Allowances, Encouragements and Draw⯑backs, and be under the ſame Prohibitions, Reſtrictions and Regulations of [258] Trade, and lyable 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 King⯑dom, 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 intire to them, in all reſpects, as before the ſame; And that, from and after the Union, no Scots Cattle carried into England, ſhall be lyable to any other Duties, either on the publick or private Accounts, than thoſe Duties, to which the Cattle of England are, or ſhall be lyable within the ſaid Kingdom. And ſeing, by the Laws of England, there are Rewards granted upon the Exportation of certain kinds of Grain, wherein Oats Grinded or Un⯑grinded are not expreſſed, That, from and after the Union, when Oats ſhall be ſold at Fifteen Shillings Sterling per Quarter, or under, there ſhall be payed Two Shillings and Six Pence Sterling for every Quarter of the Oat Meal Exported in the Terms of the Law, whereby, and ſo long as Rewards are granted for Exportation of other Grain, and that the Bear of Scotland have the ſame Rewards as Barley. And in reſpect the Importations 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 Victuals from Ireland, or any other place beyond Sea into Scotland, do, after the Uni⯑on, remain in the ſame Force as now it is, until more proper and effectu⯑al ways be provided by the Parliament of Great-Britain, for Diſcourag⯑ing the Importation of the ſaid Victuals from beyond Sea.

Article 7. That all parts of the United Kingdom be for ever, from and after the Union, lyable to the ſame Exciſes upon all Exciſeable 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 Nine Shillings Six Pence Sterling, excluding all Duties, and Retailed, including Duties and the Retailers Profit, at Two Pence the Scots Pint, or Eight Part of the Scots Gallon, be not, after the Union, ly⯑able, on Account of the preſent Exciſe upon Exciſeable Liquors in England, to any higher Impoſition, than Two Shillings Sterling upon the foreſaid Thir⯑ty 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.

Article 8. 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 be levied and ſecured in the ſame manner. But in regard the Duties of great Quantities of Foreign Salt Imported, may be very heavy upon the Merchants Importers, That therefore all Fo⯑reign Salt Imported into Scotland, ſhall be Cellared and Locked up under the Cuſtody of the Merchants Importers, and the Officers imployed for levying the Duties upon Salt; And that the Merchant may have what Quantity thereof his Occaſions may require, not under a Weigh or Four⯑ty 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 Se⯑ven 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 ſub⯑ject [259] and lyable to the ſame 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 proportionable Drawbacks and Allowances as in England; With this Exception, That Scotland ſhall, after the ſaid Seven Years, remain Exempted from the Duty of Two Shillings and Four Pence a Buſhel on Home Salt, Impoſed by an Act made in England in the Ninth and Tenth of King William the Third 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 Two Shillings Four Pence 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 Equiva⯑lent in the Terms of this Treaty: And that, during the ſaid Seven Years, there ſhall be payed in England, for all Salt made in Scotland, and Im⯑ported from thence into England, the ſame Duties upon the 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 be levied and ſe⯑cured in England. And that, after the ſaid Seven Years, as long as the ſaid Duty of Two Shillings Four Pence a Buſhel upon Salt is continued in England, the ſaid Two Shillings and Four Pence a Buſhel ſhall be payable for all Salt made in Scotland, and Imported into England, to be levied and ſecured in the ſame manner; And that, during the Continuance of the Duty of Two Shillings Four Pence a Buſhel upon Salt made in England, no Salt whatſoever be brought from Scotland to England by Land in any manner, under the Penalty of Forfeiting the Salt, and the Cattle and Carriages made Uſe of in bringing the ſame, and paying Twenty Shillings for every Buſhel of ſuch Salt, and proportionably for a greater or leſſer Quantity; for which the Carrier, as well as the Owner, ſhall be lyable joyntly and ſeverally, and the Perſons bringing, or car⯑rying 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 payed. And for Eſtabliſhing an Equality in Trade, That all Fleſh Exported from Scotland to England, and put on Board in Scotland, to be Exported to parts beyond the Seas, and Proviſion for Ships in Scotland, and for Fo⯑reign Voyages, may be Salted with Scots Salt, paying the ſame Duty for what Salt is ſo Imployed, as the like Quantity of ſuch Salt pays in England, and under the ſame Penalties, Forfeitures and Proviſions, 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 Salmond 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 Scotland, 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 Draw-backs, as are or ſhall be allowed to ſuch Perſons as Export the like Fiſh from England: And that, for En⯑couragement of the Herring Fiſhing, there ſhall be allowed and payed to the Subjects Inhabitants of Great-Britain, during the preſent Allowan⯑ces for other Fiſh, Ten Shillings Five Pence Sterling for every Barrel of White Herrings which ſhall be Exported from Scotland; And that there ſhall be allowed Five Shillings 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 Par⯑liament of Great-Britain. And if any Matters of Fraud relating to the ſaid Duties on Salt ſhall hereafter appear, which are not ſufficiently provid⯑ed [260] againſt by this Article, the ſame ſhall be ſubject to ſuch further Provi⯑ſions, as ſhall be thought fit by the Parliament of Great-Britain.

Article 9. That whenſoever the Sum of One Million Nine Hundred Nine⯑ty Seven Thouſand, Seven Hundred and Sixty Three Pounds, Eight Shil⯑lings and Four Pence Half Penny ſhall be Enacted by the Parliament of Great-Britain, to be raiſed in that Part of the United Kingdom, now called England, on Land, 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 Fourty Eight Thouſand Pounds free of all Charges, as the Quota of Scotland to ſuch Tax, and ſo proportionably 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.

Article 10. That during the Continuance of the reſpective Duties on Stampt Paper, Vellum and Parchment, by the ſeveral Acts now in Force in England, Scotland ſhall not be Charged with the ſame reſpective Duties.

Article 11. That during the Continuance of the Duties payable in England on Windows and Lights, which Determine on the Firſt Day of Auguſt, One Thouſand, Seven Hundred and Ten, Scotland ſhall not be Charged with the ſame Duties.

Article 12. That during the Continuance of the Duties payable in Eng⯑land on Coals, Culm and Cynders, which determine the Thirtieth Day of September One Thouſand Seven Hundred and Ten, Scotland ſhall not be Charged therewith, for Coals, Culm and Cynders conſumed there, but ſhall be Charged with the ſame Duties as in England for all Coal, Culm and Cynders, not conſumed in Scotland.

Article 13. That during the Continuance of the Duty payable in Eng⯑land upon Malt, which determines the Twenty Fourth Day of June, One Thouſand Seven Hundred and Seven, Scotland ſhall not be Charged with that Duty.

Article 14. 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 Pro⯑viſion ſhall be made by the Parliament of Scotland for the Publick Charge and Service of that Kingdom, for the Year One Thouſand Seven Hundred and Seven; 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 be lyable 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 be Charged with any Impoſition on Malt during this preſent War; And ſeing it cannot be ſuppoſed, that the Par⯑liament of Great-Britain will ever lay any ſort 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; There⯑fore it is agreed, That there be no further Exemption inſiſted upon for any part of the United Kingdom, but that the Conſideration of any Ex⯑emptions, beyond what are already agreed on in this Treaty, ſhall be left to the Determination of the Parliament of Great-Britain.

[261] Article 15. That whereas, by the Terms of this Treaty, the Subjects of Scotland, for preſerving an Equality of Trade throughout the United King⯑dom, will be lyable to ſeveral Cuſtoms and Exciſes now payable in England, which will be applicable towards payment of the Debts of England, con⯑tracted before the Union; It is agreed, That Scotland ſhall have an Equi⯑valent for what the Subjects thereof ſhall be ſo Charged towards payment of the ſaid Debts of England in all particulars whatſoever, in manner fol⯑lowing, videlicet, That before the Union of the ſaid Kingdoms, The Sum of Three Hundred Ninety Eight Thouſand and Eighty Five Pounds Ten Shillings 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 Exciſeable Li⯑quors, with which that Kingdom is to be 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 Thirty Thouſand Pounds per Annum, do bear to the Cuſtoms in England, com⯑puted at One Million Three Hundred Fourty One Thouſand Five Hun⯑dred and Fifty Nine Pounds per Annum, and which the preſent Exciſes on Exciſeable Liquors in Scotland, being Thirty Three Thouſand and Five Hundred Pounds per Annum, do bear to the Exciſes on Exciſeable Liquors in England, computed at Nine Hundred Fourty Seven Thouſand Six Hundred and Two Pounds per Annum, Which Sum of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings, ſhall be due and payable from the Time of the Union: And in regard, that, after the Union, Scotland becoming lyable to the ſame Cuſtoms and Duties payable on Import and Export, and to the ſame Exciſes on all Exciſeable 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 Conſe⯑quence 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 proportionable Equivalent anſwered to Scotland, It is agreed, That, after the Union, there ſhall be an Account kept of the ſaid Duties ariſing in Scotland, to the end it may appear, what ought to be anſwered to Scotland, as an Equivalent, 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-mention⯑ed, It is agreed, That, from and after the Union, the whole Increaſe of the Revenues of Cuſtoms and Duties on Import and Export, and Exciſes upon Exciſeable Liquors in Scotland, over and above the Annual Produce of the ſaid reſpective Duties as above ſtated, ſhall go and be applyed 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 Pro⯑portion 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 hereaf⯑ter become lyable to pay, by Reaſon of the Union, other than ſuch, for which Appropriations have been made by Parliament in England, of the Cuſtoms or other Duties on Export and Import, Exciſes on all Exciſeable Liquors, in reſpect of which Debts, Equivalents are herein before provid⯑ed; And as for the Uſes, to which the ſaid Sum of Three Hundred Nine⯑ty Eight Thouſand Eighty Five Pounds Ten Shillings to be granted as aforeſaid, and all other Moneys which are to be anſwered or allowed to [262] Scotland as aforeſaid are to be applyed; It is agreed, That in the firſt place, out of the aforeſaid Sum, what Conſideration ſhall be found neceſſary to be had for any Loſſes, which private Perſons may ſuſtain, by reducing the Coyn of Scotland to the Standart and Value of the Coyn 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 In⯑tereſt for the ſaid Capital Stock, after the Rate of Five per Centum per An⯑num, from the reſpective times of the payment thereof, ſhall be payed; Upon payment of which Capital Stock and Intereſt, It is agreed the ſaid Compa⯑ny be diſſolved and ceaſe; And alſo, That from the time of paſſing the Act of Parliament in England, for raiſing the ſaid Sum of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings, the ſaid Com⯑pany ſhall neither Trade, nor grant Licence to Trade, Providing, That if the ſaid Stock and Intereſt ſhall not be payed in Twelve Months after the Commencement of the Union, That then the ſaid Company may, from thence foreward, Trade, or give Licence to Trade, until the ſaid whole Capital Stock and Intereſt ſhall be payed: And as to the Overplus of the ſaid Sum of Three Hundred Ninety Eight Thouſand Eighty Five Pounds Ten Shillings, after payment of what Conſiderations ſhall be had for Loſſes in repairing the Coyn, and paying the ſaid Capital Stock and In⯑tereſt; 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 afore⯑ſaid, may become payable to Scotland by way of Equivalent, for what that Kingdom ſhall hereafter become lyable towards payment of the Debt of England; It is agreed, That the ſame be applyed in manner fol⯑lowing, videlicet, That all the Publick Debts of the Kingdom of Scotland, as ſhall be adjuſted by this preſent Parliament, ſhall be payed; And that Two Thouſand Pounds per Annum, for the ſpace of Seven Years, ſhall be apply⯑ed towards Encouraging and Promoting the Manufacture of coarſe Wooll, within thoſe Shires which produce the Wooll, and that the Firſt Two Thou⯑ſand Pounds Sterling be payed at Martinmaſs next, and ſo yearly at Mar⯑tinmaſs during the ſpace foreſaid; And afterwards, the ſame ſhall be whol⯑ly applyed towards the 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 Impowered to appoint Commiſſioners, who ſhall be account⯑able to the Parliament of Great-Britain, for diſpoſing the ſaid Sum of Three Hundred Ninety Eight Thouſand and Eighty Five Pounds Ten Shillings, and all other Moneys which ſhall ariſe to Scotland upon the Agreements afore⯑ſaid, to the Purpoſes before-mentioned; Which Commiſſioners ſhall be Im⯑powered to Call for, Receive and Diſpoſe of the ſaid Moneys in manner aforeſaid, and to Inſpect the Books of the ſeveral Collectors of the ſaid Re⯑venues, and of all other Duties, from whence an Equivalent may ariſe; And that the Collectors and Managers of the ſaid Revenues and Duties, be obliged to give to the ſaid Commiſſioners ſubſcribed authentick 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 Books, 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.

Article 16. That from and after the Union, the Coyn ſhall be of the ſame Standart and Value throughout the United Kingdom, as now in Eng⯑land, [263] 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, ſub⯑ject to ſuch Regulations and Alterations as Her Majeſty, Her Heirs or Suc⯑ceſſors, or the Parliament of Great-Britain ſhall think fit.

Article 17. That from and after the Union, the ſame Weights and Mea⯑ſures ſhall be uſed throughout the United Kingdom, as are now Eſtabliſhed in England, and Standarts of Weights and Meaſures ſhall be kept by thoſe Burghs in Scotland, to whom the keeping the Standarts of Weights and Meaſures, now in Uſe there, does of ſpecial Right belong; All which Stan⯑darts ſhall be ſent down to ſuch reſpective Burghs, from the Standarts kept in the Exchequer at Weſtminſter; ſubject nevertheleſs to ſuch Regula⯑tions as the Parliament of Great-Britain ſhall think fit.

Article 18. That the Laws concerning Regulation of Trade, Cuſtoms, and ſuch Exciſes, to which Scotland is, by virtue of this Treaty, to be lyable, 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, remain 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 publick Right, Policy and Civil Government, and thoſe which concern private Right, That the Laws which concern publick Right, Poli⯑cy 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 Subject within Scotland.

Article 19. That the Court of Seſſion, or College of Juſtice, do, after the Union, and notwithſtanding thereof, remain in all time coming within Scot⯑land, 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 Nam⯑ed by Her Majeſty, or Her Royal Succeſſors, to be Ordinary Lords of Seſ⯑ſion, 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 Writ⯑er to the Signet be capable to be admitted a Lord of the Seſſion, unleſs he undergo private and publick Tryal on the Civil Law, before the Fa⯑culty 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 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, as ſhall be made by the Parliament of Great-Britain, and without prejudice of other Rights of Juſticiary: And that all Admiralty Ju⯑riſdictions be under the Lord High Admiral, or Commiſſioners for the Ad⯑miralty of Great-Britain for the time being; And that the Court of Admi⯑ralty, 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 alwiſe continued in Scotland a Court of Admiralty, ſuch as in England, for Determination of all Maritime Caſes re⯑lating to private Rights in Scotland, competent to the Juriſdiction of the [264] Admiralty Court, ſubject nevertheleſs to ſuch Regulations and Alterations, as ſhall be thought proper to be made by the Parliament of Great-Britain; And that the Heretable Rights of Admiralty, and Vice-Admiralties in Scotland, be reſerved to the reſpective Proprietors, as Rights of Property; ſubject nevertheleſs, as to the manner of Exerciſing ſuch Heretable 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 Altera⯑tions by the Parliament of Great-Britain: And that all Inferior Courts within the ſaid Limits, do remain Subordinate, as they are now, to the Supream Courts of Juſtice within the ſame, in all time coming; And that no Cauſes in Scotland be Cognoſcible by the Courts of Chancery, Queens-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 Ex⯑chequer has in England; And that the ſaid Court of Exchequer in Scot⯑land 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 Scot⯑land after the Union: And that after the Union, the Queens Majeſty, and Her Royal Succeſſors, may continue a Privy Council in Scotland, for preſerving of publick Peace and Order, until the Parliament of Great-Bri⯑tain ſhall think fit to Alter it, or Eſtabliſh any other effectual Method for that End.

Article 20. That all Heretable Offices, Superiorities, Heretable Juriſ⯑dictions, 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 this Treaty.

Article 21. That the Rights and Privileges of the Royal Burghs in Scotland, as they now are, do remain intire after the Union, and notwith⯑ſtanding thereof.

Article 22. 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, and Fourty 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 Write 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 Summo⯑ned to Parliament, and Fourty 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 an Act of this preſent Seſſion of the Parliament of Scotland, is or ſhall be ſettled; Which Act is hereby Declared to be as valid, as if it were a part of, and Ingroſſed in this Treaty; And that the Names of the Perſons ſo Summoned and Elect⯑ed, ſhall be Returned by the Privy Council of Scotland, into the Court from whence the ſaid Write did Iſſue; And that if Her Majeſty, on or before the Firſt 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 [265] the Lords of Parliament of England, and Commons of the preſent Parlia⯑ment 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 be 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 Days after the Date of ſuch Proclamation; And the Time and Place of the Meeting of ſuch Parliament being ſo appointed, a Write 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 Fourty Five Members, by whom Scotland is to be Repreſented in the Parliament of Great-Britain; And the Lords of Parlia⯑ment of England, and the Sixteen Peers of Scotland, ſuch Sixteen Peers being Summoned and Returned in the manner agreed in this Treaty; And the Mem⯑bers of the Houſe of Commons of the ſaid Parliament of England, and the Fourty Five Members for Scotland, ſuch Fourty Five Members being Elect⯑ed and Returned in the manner agreed in this Treaty, ſhall Aſſemble and 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 Par⯑liament of England might have continued, if the Union of the Two King⯑doms had not been made, unleſs ſooner Diſſolved by Her Majeſty. And that every one of the Lords of Parliament of Great-Britain, and every Mem⯑ber 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 otherways Direct, ſhall take the reſpective Oaths ap⯑pointed to be taken, in ſtead 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, Intituled, An Act for the Abrogat⯑ing 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, Intituled, An Act for the more effectual preſerv⯑ing the Kings Perſon and Government, by diſabling Papiſts from ſitting in either Houſe of Parliament; And ſhall Take and Subſcribe the Oath mentioned in an Act of Parliament made in England, in the Firſt Year of Her Maje⯑ſties Reign, Intituled, An Act to Declare the Alterations in the Oath ap⯑pointed to the taken by the Act, Intituled, An Act for the further Security of His Majeſties 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 reſpec⯑tive Acts, directed to Take, Make and Subſcribe the ſame, upon the Penal⯑ties and Diſabilities 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 Declarati⯑on contained in the aforeſaid Acts, which were intended to ſignify the Crown and Realm of England, ſhall be underſtood of the Crown and Re⯑alm of Great-Britain; And that, in that Senſe, The ſaid Oaths and De⯑claration be taken and ſubſcribed by the Members of both Houſes of the Parliament of Great-Britain.

[266] Article 23. That the aforeſaid Sixteen Peers of Scotland, mentioned in the laſt preceeding Article, to ſit in the Houſe of Lords of the Par⯑liament 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 ſit⯑ting upon the Tryals of Peers: And in caſe of the Tryal of any Peer in time of Adjournment or Prorogation of Parliament, the ſaid Six⯑teen Peers ſhall be Summoned in the ſame manner, and have the ſame Powers and Privileges at ſuch Tryal, as any other Peers of Great-Britain. And that in caſe any Tryals of Peers ſhall hereafter happen, when there is no Parliament in Being, the Sixteen Peers of Scotland, who ſate in the laſt preceeding Parliament, ſhall be Summoned in the ſame manner, and have the ſame Powers and Privileges at ſuch Tryals, 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 Uni⯑on, and before all Peers of Great-Britain of the like Orders and Degrees, who may be Created after the Union, and ſhall be Tryed 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 Tryals of Peers.

Article 24. That from and after the Union, there be one Great-Seal for the United Kingdom of Great-Britain, which ſhall be diffe⯑rent 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 ſute the Union, be left to Her Majeſty; And that, in the mean time, 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 publick Acts, Inſtruments and Orders of State which concern the whole United Kingdom, and in all other Mat⯑ters 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 paſ⯑ſed the Great-Seal of Scotland, and which only concern Offices, Grants, Commiſſions and private Rights within that Kingdom; And that, until ſuch Seal ſhall be appointed by Her Majeſty, the preſent Great-Seal of Scotland ſhall be uſed for ſuch purpoſes; And that the Privy-Seal, Signet, Caſſet, Signet of the Juſticiary Court, Quarter-Seal, and Seals of Courts now uſed in Scotland, be continued; but that the ſaid Seals be altered, and adapt⯑ed 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, Scepter and Sword of State, the Records of Parliament, and all other Records, Rolls and Regiſters whatſoever, both Publick and Private, General and Particular, and Warrants thereof, continue to be keeped as they are within that part of the United Kingdom, now called Scotland, and that they ſhall ſo remain, in all times coming, notwithſtand⯑ing the Union.

Article 25. That all Laws and Statutes in either Kingdom, ſo far as they are contrary to, or inconſiſtent with the Terms of theſe Articles, or any of them, ſhall, from and after the Union, ceaſe and become void, [267] and ſhall be ſo declared to be by the reſpective Parliaments of the ſaid Kingdoms. As by the ſaid Articles of Union Ratified and Approved by the ſaid Act of Parliament of Scotland, relation thereunto being had, may appear; And the Tenor of the aforeſaid Act for Securing the Proteſtant Religion and Preſbyterian Church Government within the Kingdom of Scot⯑land, is as follows,

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 Par⯑liament, Doth hereby Eſtabliſh and Confirm the ſaid True Proteſtant Re⯑ligion, and the Worſhip, Diſcipline and Government of this Church, to continue without any Alteration to the People of this Land in all ſucceed⯑ing Generations; And more eſpecially, Her Majeſty, with Advice and Con⯑ſent aforeſaid, Ratifies, Approves, and for ever Confirms the Fifth Act of the Firſt Parliament of King William and Queen Mary, Intituled, Act Ra⯑tifying the Confeſſion of Faith, and Settling Preſbyterian Church Government, with all 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 Eleventh of April One Thouſand Six Hundred and Eighty Nine; And Her Majeſty, with Advice and Conſent aforeſaid, ex⯑preſly 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 Preſbyteri⯑an Church Government and Diſcipline, That is to ſay, The Government of the Church by Kirk Seſſions, Preſbyteries, Provincial Synods and Gene⯑ral 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 Se⯑curity 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 Eſta⯑bliſhed by Law, ſhall continue within this Kingdom for ever. 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 owne 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 practiſe & conform themſelves to the Worſhip preſently in Uſe in this Church, and ſubmit themſelves to the Government and Diſcipline thereof, and never endeavour, directly or in⯑directly, the Prejudice or Subverſion of the ſame; And that before the reſ⯑pective Preſbyteries of their Bounds, By whatſoever Gift, Preſentation or Proviſion they may be thereto provided. And further, Her Majeſty, with Advice aforeſaid, expreſly Declares and Statutes, That none of the Subjects of this Kingdom ſhall be lyable to, but all and every one of them for ever [268] free of any Oath, Teſt or Subſcription within this Kingdom, contrary to, or inconſiſtent with the foreſaid 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 preſerve) the So⯑vereign 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 pre⯑ſerve the foreſaid Settlement of the true Proteſtant Religion, with the Go⯑vernment, Worſhip, Diſcipline, Right, and Privileges of this Church, as a⯑bove 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 Parlia⯑ment, with the Eſtabliſhment therein-contained, ſhall be held and obſerv⯑ed, in all times coming, as a Fundamental and Eſſential Condition of any Treaty or Union to be concluded betwixt the two Kingdoms, without any Alteration thereof, or Derogation thereto, in any ſort for ever. 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 or Union betwixt the two Kingdoms; And that the ſame ſhall be therein expreſly declared, to be a Fundamen⯑tal and Eſſential Condition of the ſaid. Treaty or Union, in all time com⯑ing. 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 per⯑petual Foundation of a compleat and intire UNION of the two Kingdoms of Scotland and England, Under the expreſs Condition and Proviſion, That this Approbation and Ratification of the foreſaid Articles and Act ſhall be no ways binding on this Kingdom, until the ſaid Articles and Act be Ra⯑tified, Approved and Confirmed by Her Majeſty, with and by the Autho⯑rity of the Parliament of England, as they are now agreed to, approved and confirmed by Her Majeſty, with and by the Authority of the Parlia⯑ment of Scotland. Declaring nevertheleſs, That the Parliament of England may provide for the Security of the Church of England as they think expe⯑dient, to take place within the Bounds of the ſaid Kingdom of England, and not derogating from the Security above provided, for the 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 favours of the Sub⯑jects of Scotland, To, and in favours of the Subjects of England, which ſhall not ſuſpend or derogate from the Force and Effect of this preſent Ra⯑tification, but ſhall be underſtood as herein included, without the neceſſi⯑ty 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 Ar⯑ticles as above-mentioned, ſhall, from and after the Union, ceaſe and be⯑come void.

AND WHEREAS an Act hath paſſed in this preſent Seſſion of Parlia⯑ment, Intituled, An Act for ſecuring the Church of England as by Law Eſta⯑bliſhed, the Tenor whereof follows, Whereas by an Act made in the Seſſion of Parliament held in the Third and Fourth Year of Her Majeſties Reign, whereby Her Majeſty was Impowered to appoint Commiſſioners under the Great Seal of England, to treat with Commiſſioners to be Authorized by the Parliament of Scotland, concerning an Union of the Kingdoms of England and Scotland, It is provided and Enacted, That the Commiſſio⯑ners to be Named in purſuance of the ſaid Act, ſhould not Treat of or [269] concerning any Alteration of the Liturgy, Rites, Ceremonies, Diſci⯑pline or Government of the Church, as by Law Eſtabliſhed, within this Realm; And whereas certain Commiſſioners appointed by Her Majeſty in purſuance of the ſaid Act, and alſo other Commiſſioners, nominated by Her Majeſty, by the Authority of the Parliament of Scotland, have met and agreed upon a Treaty of Union of the ſaid Kingdoms, which Treaty is now under the Conſideration of this preſent Parliament; And whereas the ſaid Treaty, with ſome Alterations therein made, is Ratified and Ap⯑proved by Act of Parliament in Scotland, and the ſaid Act of Ratification is by Her Majeſties Royal Command, laid before the Parliament of this Kingdom; And whereas it is Reaſonable and Neceſſary that the True Pro⯑teſtant Religion profeſſed and eſtabliſhed by Law in the Church of Eng⯑land, and the Doctrine, Worſhip, Diſcipline and Government thereof, ſhould be effectually and unalterably ſecured, Be it Enacted by the Queens moſt Excellent Majeſty, by and with the Advice and Conſent of the Lords Spiritual and Temporal, and the Commons in this preſent Parliament aſſembled, and by Authority of the ſame, That an Act made in the Thir⯑teenth Year of the Reign of Queen Elizabeth of Famous Memory, Intitu⯑led, An Act for the Miniſters of the Church to be of ſound Religion; and alſo an other Act made in the Thirteenth Year of the Reign of the late King CHARLES the ſecond, Intituled, An Act for the Uniformity of publick Prayers and Adminiſtration of Sacraments, and other Rites and Ceremonies, and for Eſtabliſhing the Form of Making, Ordaining and Conſecrating Biſhops, Prieſts and Deacons in the Church of England, (other than ſuch Clauſes in the ſaid Acts or either of them as have been repealed or altered by any ſubſequent Act or Acts of Parliament,) and all and ſingular other Acts of Parliament now in Force, for the Eſtabliſhment and Preſervation of the Church of England, and the Doctrine, Worſhip, Diſcipline and Govern⯑ment thereof, ſhall remain and be in full Force for ever; And be it fur⯑ther Enacted by the Authority aforeſaid, That after the Demiſe of Her Ma⯑jeſty, (whom GOD long preſerve) the SOVEREIGN next ſucceeding to Her Majeſty in the Royal Government of the Kingdom of Great-Britain, and ſo for ever hereafter, every King or Queen ſucceeding and coming to the Royal Government of the Kingdom of Great-Britain, at His or Her Coronation, ſhall in the preſence of all perſons who ſhall be attending, aſſiſting or other⯑ways then and there preſent, Take and Subſcribe an Oath to maintain and preſerve inviolably the ſaid Settlement of the Church of England, and the Doctrine, Worſhip, Diſcipline and Government thereof, as by Law Eſta⯑bliſhed within the Kingdoms of England and Ireland, the Dominion of Wales, and Town of Berwick upon Tweed, and the Territories thereunto belonging. And be it further Enacted by the Authority aforeſaid, That this Act and all and every the Matters and Things therein contained, be, and ſhall for ever be holden and adjudged to be a Fundamental and Eſſen⯑tial part of any Treaty of Union to be concluded between the ſaid Two Kingdoms; And alſo that this Act ſhall be inſerted in expreſs Terms in any Act of Parliament which ſhall be made for Settling and Ratifying any ſuch Treaty of Union, and ſhall be therein Declared to be an Eſſential and Fundamental part thereof. May it therefore pleaſe your moſt Excellent Majeſty, That it may be Enacted, And be it Enacted by the Queens moſt Excellent Majeſty, by and with the Advice and Conſent of the Lords Spiritual and Temporal, and Commons in this preſent Par⯑liament Aſſembled, and by Authority of the ſame, That all and every the ſaid Articles of Union as Ratifyed and Approved by the ſaid Act of Par⯑liament of Scotland as aforeſaid, and herein before particularly mentioned and inſerted, and alſo the ſaid Act of Parliament of Scotland, for Eſta⯑bliſhing the Proteſtant Religion, and Preſbyterian Church Government [270] within that Kingdom, Intituled, Act for ſecuring the Proteſtant Religion and Preſbyterian Church Government, and every Clauſe, Matter and Thing in the ſaid Articles, and Act contained, ſhall be, and the ſaid Articles and Act are hereby for ever Ratifyed, Approved and Confirmed. And it is hereby further Enacted by the Authority aforeſaid, That the ſaid Act paſ⯑ſed in this preſent Seſſion of Parliament, Intituled, An Act for ſecuring the Church of England as by Law Eſtabliſhed, and all and every the Matters and Things therein contained, and alſo the ſaid Act of Parliament of Scotland, Intituled, Act for ſecuring the Proteſtant Religion and Preſbyte⯑rian Church Government, with the Eſtabliſhment in the ſaid Act contained, be, and ſhall for ever be held and adjudged to be and obſerved as Funda⯑mental and Eſſential Conditions of the ſaid Union, and ſhall in all times coming be taken to be, and are hereby Declared to be Eſſential and Fun⯑damental parts of the ſaid Articles and Union; And the ſaid Articles of Union ſo as aforeſaid Ratifyed, Approved and Confirmed by Act of Par⯑liament of Scotland, and by this preſent Act, and the ſaid Act paſſed in this preſent Seſſion of Parliament, Intituled, An Act for ſecuring the Church of England as by Law Eſtabliſhed; and alſo the ſaid Act paſſed in the Par⯑liament of Scotland, Intituled, Act for ſecuring the Proteſtant Religion and Preſbyterian Church Government, are hereby Enacted and Ordained to be and continue, in all times coming, the compleat and intire Union of the two Kingdoms of England and Scotland.

And Whereas ſince the paſſing the ſaid Act in the Parliament of Scotland for Ratifying the ſaid Articles of Union, one other Act, Intituled, Act ſettling the manner of Electing the Sixteen Peers and Fourty Five Members to Repreſent Scotland in the Parliament of Great Britain, hath likewiſe paſſed in the ſaid Parliament of Scotland, at Edinburgh the Fifth Day of February One Thouſand Seven Hundred and Seven, the Tenor whereof follows, OUR SOVEREIGN LADY Conſidering, That by the Twenty Second Article of the Treaty of Union, as the ſame is Ratifyed by an Act paſſed in this Seſſion of Parliament, upon the ſixteenth of January laſt, It is provided, that by virtue of the ſaid 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, and Fourty Five the Number of the Repreſentatives of Scotland in the Houſe of Commons of the Parliament of Great-Britain; And that the ſaid Sixteen Peers, and Fourty Five Members in the Houſe of Commons, be Named and Choſen in ſuch manner, as by a ſubſequent Act in this pre⯑ſent Seſſion of Parliament in Scotland ſhould be ſettled; Which Act is thereby declared to be as valid, as if it were a part of, and ingroſſed in the ſaid Treaty; Therefore, Her Majeſty, with Advice and Conſent of the Eſtates of Parliament, Statutes, Enacts and Ordains, That the ſaid Six⯑teen Peers who ſhall have Right to Sit in the Houſe of Peers in the Parliament of Great Britain on the part of Scotland, by virtue of this Trea⯑ty, ſhall be Named by the ſaid Peers of Scotland whom they Repreſent, their Heirs or Succeſſors to their Dignities and Honours, out of their own Number, And that by open Election and Plurality of Voices of the Peers preſent, and of the Proxies for ſuch as ſhall be abſent, the ſaid Proxies be⯑ing Peers, and producing a Mandate in Writing duly Signed before Wit⯑neſſes, and both the Conſtituent and Proxy being Qualified according to Law; Declaring alſo, that ſuch Peers as are abſent, being Qualified as aforeſaid, may ſend to all ſuch Meetings, Liſts of the Peers whom they Judge fitteſt, validly Signed by the ſaid abſent Peers, which ſhall be rec⯑koned in the ſame manner, as if the Parties had been preſent, and given in the ſaid Liſt: And in caſe of the Death, or legal Incapacity of any of the ſaid Sixteen Peers, that the aforeſaid Sixteen Peers of Scotland ſhall Nominate another of their own Number in place of the ſaid Peer or Peers in manner before and after mentioned. And that of the ſaid Fourty Five [271] Repreſentatives of Scotland in the Houſe of Commons in the Parliament of Great-Britain, Thirty ſhall be Choſen by the Shires or Stewartries, and Fifteen by the Royal Burrows, as follows, Videlicet, One for every Shire and Stewartry, excepting the Shires of Bute and Caithneſs, which ſhall Chooſe one by Turns, Bute having the firſt Election; The Shires of Nairn and Cromarty which ſhall alſo Chooſe by Turns, Nairn having the firſt E⯑lection; And in like manner, the Shires of Clackmannan and Kinroſs ſhall Chooſe by Turns, Clackmannan having the firſt Election: And in caſe of the Death or legal Incapacity of any of the ſaid Members from the reſpective Shires or Stewartries above-mentioned, to ſit in the Houſe of Commons, It is Enacted and Ordained, That the Shire or Stewartry who Elect⯑ed the ſaid Member, ſhall Elect another Member in his place. And that the ſaid Fifteen Repreſentatives for the Royal Burrows be Choſen as follows, Videlicet, That the Town of Edinburgh ſhall have Right to Elect and ſend one Member to the Parliament of Great-Britain; And that each of the other Burghs ſhall Elect a Commiſſioner in the ſame manner, as they are now in uſe to Elect Commiſſioners to the Parliament of Scotland; Which Commiſſioners and Burghs (Edinburgh excepted) being divided in Four⯑teen Claſſes or Diſtricts, ſhall meet at ſuch time and Burghs within their reſpective Diſtricts, as Her Majeſty, Her Heirs or Succeſſors ſhall appoint, and Elect one for each Diſtrict, Videlicet, The Burgns of Kirkwal, Week, Dornock, Dingwall and Tayne, One; The Burghs of Fortroſe, Inverneſs, Nairn and Forreſs, One; The Burghs of Elgine, Cullen, Banff, Inverury and Kintore, One; The Burghs of Aberdeen, Inverbervie, Montroſe, Aber⯑brothock and Brichen, One; The Burghs of Forfar, Perth, Dundee, Cowper and St. Andrews, One; The Burghs of Crail, Kilrennie, Anſtruther Eaſter, Anſtruther Weſter, and Pittenweem, One; The Burghs of Dyſart, Kirkcal⯑die, Kingborn and Bruntiſland, One; The Burghs of Innerkeithing, Dum⯑fermline, Queensferry, Culroſs and Stirling, One; The Burghs of Glaſgow, Renfrew, Ruglen and Dumbarton, One; The Burghs of Haddingtoun, Dun⯑bar, Northberwick, Lawder and Jedburgh, One; The Burghs of Selkirk, Peebles, Linlithgow and Lanerk, One; The Burghs of Dumfreis, Sanquhar, Annan, Lochmaben and Kirkcudbright, One; The Burghs of Wigtoun, Newgalloway, Stranrawer and Whitehern, One; And the Burghs of Air, Irvine, Rotheſay, Campbeltoun and Inverary, One. And it is hereby Declar⯑ed and Ordained, That where the Votes of the Commiſſioners for the ſaid Burghs, Met to Chooſe Repreſentatives from their ſeveral Diſtricts to the Parliament of Great-Britain ſhall be equal, in that caſe, the Preſident of the Meeting ſhall have a Caſting or Deciſive Vote, and that by and accord⯑ing to his Vote as a Commiſſioner from the Burgh from which he is ſent, the Commiſſioner from the eldeſt Burgh preſiding in the firſt Meeting, and the Commiſſioners from the other Burghs in their reſpective Diſtricts pre⯑ſiding afterwards by Turns, in the Order, as the ſaid Burghs are now cal⯑led in the Rolls of the Parliament of Scotland. And that in caſe any of the ſaid Fifteen Commiſſioners from Burghs ſhall deceaſe, or become legally Incapable to ſit in the Houſe of Commons, Then the Town of Edinburgh, or the Diſtrict which Choſe the ſaid Member, ſhall Elect a Member in his or their place: It is always hereby expreſly Provided and Declared, That none ſhall be capable to Elect or be Elected for any of the ſaid Eſtates, but ſuch as are Twenty One Years of Age compleat, and Proteſtant, Excluding all Papiſts, or ſuch who being ſuſpect of Popery, and required, refuſe to ſwear and ſubſcribe the Formula, contained in the Third Act, made in the Eighth and Ninth Seſſions of King Williams Parliament, Intituled, Act for pre⯑venting the Growth of Popery, And alſo declaring, that none ſhall be ca⯑pable to Elect or be Elected to Repreſent a Shire or Burgh in the Parlia⯑ment of Great-Britain for this part of the United Kingdom, except ſuch [272] as are now capable by the Laws of this Kingdom to Elect or be Elected as Commiſſioners for Shires or Burghs to the Parliament of Scotland. And further, Her Majeſty, with Advice and Conſent aforeſaid, for the effectu⯑al and orderly Election of the Perſons to be Choſen to Sit, Vote and Serve in the reſpective Houſes of the Parliament of Great-Britain, when Her Majeſty, Her Heirs or Succeſſors ſhall declare Her or Their Pleaſure for holding the firſt, or any ſubſequent Parliament of Great-Britain, and when for that effect a Write ſhall be Iſſued out under the Great Seal of the Unit⯑ed Kingdom, directed to the Privy Council of Scotland, conform to the ſaid Twenty Second Article, Statutes, Enacts and Ordains, That until the Parliament of Great-Britain ſhall make further Proviſion therein, the ſaid Write ſhall contain a Warrand and Command to the ſaid Privy Council to Iſſue out a Proclamation in Her Majeſties Name, requiring the Peers of Scotland for the time, to Meet and Aſſemble at ſuch time and place with⯑in Scotland, as Her Majeſty and Royal Succeſſors ſhall think fit, To make Election of the ſaid Sixteen Peers; And requiring the Lord Clerk Regi⯑ſter, or two of the Clerks of Seſſion to attend all ſuch Meetings, and to Adminiſter the Oaths that are or ſhall be by Law required, and to aſk the Votes; And having made up the Liſts in preſence of the Meeting, to re⯑turn the Names of the Sixteen Peers choſen, (certified under the Sub⯑ſcription of the ſaid Lord Clerk Regiſter, Clerk or Clerks of Seſſion at⯑tending) to the Clerk of the Privy Council of Scotland. And in like man⯑ner, Requiring and Ordaining the ſeveral Free-holders in the reſpective Shires and Stewartries to Meet and Conveen at the Head-Burghs of their ſeveral Shires and Stewartries, to Elect their Commiſſioners, conform to the Order above ſet down; And Ordaining the Clerks of the ſaid Meet⯑ings, immediately after the ſaid Elections are over, reſpectively to return the Names of the Perſons Elected, to the Clerks of the Privy Council. And laſtly, Ordaining the City of Edinburgh to Elect their Commiſſioner, and the other Royal Burghs to Elect each of them a Commiſſioner, as they have been in uſe to Elect Commiſſioners to the Parliament, and to ſend the ſaid reſpective Commiſſioners, at ſuch times, to ſuch Burghs within their reſpective Diſtricts, as Her Majeſty and Succeſſors, by ſuch Proclama⯑tions, ſhall appoint; Requiring and Ordaining the common Clerk of the reſpective Burghs, where ſuch Elections ſhall be appointed to be made, to attend the ſaid Meetings, and immediately after the Election, to Return the Name of the Perſons ſo Elected, (certifyed under his Hand) to the Clerk of Privy Council; To the end that the Names of the Sixteen Peers, Thirty Commiſſioners for Shires, and Fifteen Commiſſioners for Burghs, being ſo returned to the Privy Council, may be returned to the Court from whence the Write did iſſue, under the Great-Seal of the United Kingdom, conform to the ſaid Twenty Second Article: And whereas by the ſaid Twenty Second Article, It is agreed, That if Her Majeſty ſhall, on or before the Firſt Day of May next, declare that it is expedient, the Lords and Commons of the preſent Parliament of England, ſhould be the Mem⯑bers of the reſpective Houſes of the Firſt Parliament of Great-Britain, for and on the part of England, they ſhall accordingly be the Members of the ſaid reſpective Houſes, for and on the part of England; Her Majeſty, with Advice and Conſent aforeſaid, in that caſe only, Doth hereby Statute and Ordain, That the Sixteen Peers and Fourty Five Commiſſioners for Shires and Burghs, who ſhall be choſen by the Peers, Barons and Burghs reſpec⯑tively in this preſent Seſſion of Parliament, and out of the Members there⯑of, in the ſame manner as Committees of Parliament are uſually now choſen, ſhall be the Members of the reſpective Houſes of the ſaid Firſt Parliament of Great-Britain, for and on the part of Scotland; Which No⯑mination and Election being certifyed by a Write under the Lord Clerk [273] Regiſters Hand, The Perſons ſo Nominated and Elected ſhall have Right to Sit and Vote in the Houſe of Lords, and in the Houſe of Commons of the ſaid Firſt Parliament of Great Britain, As by the ſaid Act paſſed in Scotland for ſettling the manner of Electing the Sixteen Peers and Fourty Five Members to Repreſent Scotland in the Parliament of Great Britain may appear; Be it therefore further Enacted and Declared by the Autho⯑rity aforeſaid, That the ſaid laſt mentioned Act paſſed in Scotland for ſet⯑tling the manner of Electing the Sixteen Peers and Fourty Five Members to Repreſent Scotland in the Parliament of GREAT BRITAIN, as aforeſaid, ſhall be, and the ſame is hereby Declared to be as valid as if the ſame had been part of, and Ingroſſed in the ſaid Articles of UNION, Ratified and Approved by the ſaid Act of Parliament of Scotland, and by this Act as aforeſaid. Ego Matheus Johnſon Armiger Clericus Parliamentor: vir⯑tute Brevis dict: Domine Regine de Certiorand: mihi direct: & his an⯑nex. Certifico ſuperius hoc Scriptum verum eſſe tenorum Actus Parlia⯑menti ſupradict. in eo Brevi expreſſi In cujus rei Teſtimonium huic ſche⯑dule Sigillum Meum appoſui Nomenque meum ſubſcripſi dat: ſeptimo die Martii anno regni dicte Domine Regine quinto annoque Domini milleſimo ſeptingenteſimo ſexto Math. Johnſon. NOS autem ſeperales Tenores Brevis Retorn: & Actus predict: duximus Exemplificand: per preſentes In cujus rei Teſtimonium has literas noſtras fieri fecimus Patentes Teſte meipſa apud Weſtmonaſter: ſeptimo die Martii anno regni noſtri quinto.

Appendix A

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Appendix A.1 ERRATA, In the Part called, The General Hiſtory of Union.

FOlio 5. Line 23. for Henry the 2d. read Henry the 3d. fol. 19. l 34 for Salisburry r. Saliſ⯑bury, fol. 22. l 15 f r Ailington r. Arlington fol. 42. l. 32. for Painly r Plainly, fol. 50. I ſ. I ae but 4 for ſecond head r. fourth head, fol. 52 l. 31. for it was the foundation r. it was not the foundation, 16. laſt line but one, for be obtained r. firſt obtained, and place a Comma at not. fol. 53. l. 25. for and therefore r therefore, fol. 56. l. 8. place a Comma after the word Security, fol. 59. l. 17. for 1706 r. 1705.

Appendix A.2 ERRATA in the Part called, The laſt Treaty properly, called the Treaty of Union.

Fol. 18. laſt line but 3. for learge r. large, fol. 25. laſt line but ſix, place a Comma after that, fol. 26. l. 6. for unto r. into, fol. 48. l. 37. for impropriated r. appropriated, fol. 67. the laſt line, for Is not pretend r. do not pretend, fol. 83. after the 17th. line r. the Minute continued. fol. 100. l. 24. for oblidged r. obliged, fol. 104. the laſt, add No. SX. fol. 108. in the 13th. Arti⯑cle after the words in England add upon Malt, fol. 112. l. 8. for inſiſtent r. inconſiſtent.

Appendix A.3 ERRATA in the Part called, Of the carrying on the Treaty in Scotland.

Fol. 11. laſt line but one, for eneavoured r. endeavoured, fol. 12. l. 17. for Party Pick r. Party Pique, fol. 16. l. 35. f. defead r. defend, fol. 29. l. 2d. f. thus r. This, fol. 44. f. landed on at r. arriv'd in. fol. 58. l. 3d. f. No. M. r No. P. fol. 60. f. the — day of r. the 7 of Nov. the day after. fol. 66. l. 42. f. or r. for.

Appendix A.4 ERRATA in the Part called, An Abstract of the Proceedings on the Treaty of Union in the Parliament of Scotland.

Fol. 34 l. 7. f. Cores r. Corps. ib. l. 11. f. ſatleſs r. ſaltleſs. fol. 40. l. f. afraid prove r. afraid will prove, fol 49. l. 5. f. be and uſe r. becauſe, 1b. l. 7. f. Teaty r. Treaty. l. 10. f. explain them r. explain to them. f. 77. l. 15. f. 1698 r. 1688, fol. 99. l. 16. f. nineteen to fourteen Shillings nine pence r. Nineteen pence to four Shillings nine pence, ib l. 24. f. 19 pence r. 38 pence, fol. 110. add fifteenth after in the, fol. 112. l. 19. f. ſuch Incumbrances r. ſuch like Incumbrances, ib. l. 22, f. as r. and, fol. 112. l. 2d. after were add thirty three, ib. l. 7. after were add ſixty ſix, ib. l. 40. f. renred r. rendred, fol. 114. l. 34. f. aluiſe r. always, Page 144. l. 22. f Page the 5th. r. 108, fol. 145. l 31. f. Page 9. r. Page 109. fol. 153. l. 25. f. DXX. r. EXX. fol. 180. l. 29. f. Athole r. Athole, fol. 182. l. 30. f. No. LMNO. r. KLMN, fol. 202. l. 17. f. No. AXX. r. OXX. fol. 203. l. the laſt but four, f. made motion r. made a motion, fol. 221. laſt line but one f. No. LXX. r. K 3. fol. 237. l. 35. f. No. LXX. r. l 3. fol. 244. l. 2d. f. upon r. upon.

Appendix A.5 Firſt APPENDIX.

Fol. 16. l. 28. f. Cauſe r. Clauſe.

Appendix A.6 Second APPENDIX.

Fol. 34. l. 5th. f. 7000. r. 700. and in the Margent f. 28000 r. 2800, fol. 73. l. 11. f. 4 d. r. 4 s. Ibid. l. 26. f. 4 d. r. 4 s. fol. 75. laſt line f. Comprehenſions r. Apprehenſions, fol. 76. l. 14. f. in End r. in the End, fol. 104. l. 36. f. Charence r. Clarence, f. 124. laſt line but three f. hhey r. they.

Appendix B

[1]

Appendix B.1 APPENDIX, Part I. Containing an Account of Tranſactions in both Parts of the United Kingdoms, ſub⯑ſequent to the UNION; being an Abridg⯑ment of the ſeveral Alterations made in the Laws, Trade, Cuſtoms, and Conſti⯑tution of both Kingdoms by the Union.

THe Union was no ſonner Concluded, and the Ratifications Exchanged, as has been ſaid, but an unlucky Buſineſs hap⯑pened, that opened afreſh the Mouths of thoſe that had all along watched Occaſions for that purpoſe, and furniſhed them with matter of new Clamour. The particulars are as follows;

The Time when the Union was to take place, was the firſt of May, after which, by the Fourth Article of the Treaty, the Sub⯑jects of either Kingdom were to have a free Intercourſe of Trade, to enjoy equal Privileges, and were to be upon an equal Foot as to Taxes, Cuſtoms, Duties, Prohibitions, &c. as by Words of the Treaty, viz. Article 4th.

That all the Subjects of the Ʋnited Kingdom of Great-Britain ſhall, from and after the Ʋnion, have full Freedom and Intercourſe of Trade and Navigation, to and from any Port or Place within the ſaid Ʋnited Kingdom, and the Dominions and Plantations thereunto be⯑longing; And that there be a Communication of all other Rights, Pri⯑vileges and Advantages, which do, or may belong to the Subjects of ei⯑ther Kingdom, except where it is otherways expreſly agreed in theſe Ar⯑ticles.

But in the Interval of Time, between the finiſhing of the Treaty and the firſt of May, all Things by Conſequence remained as they were, and all Merchandizes being Imported into Scotland upon the Foot of the former Cuſtoms, which were much Lower than in England, the Merchants in both Kingdoms laying hold of that Advantage, for their private Gain, Fraughted abundance of Ships in France and [2] Holland with all ſorts of Goods, which payed high Duties in Eng⯑land, Landing them in Scotland, and paying only the Scots Dues, preſuming that after the firſt of May, they ſhould be ſent Free to England, according to the general Article of Freedom of Com⯑merce.

To let the Reader more Exactly into this Caſe, I ſhall ſtate the difference of the Duties of ſome of the ſeveral Commodities, which being thus Imported into Scotland, were after to be carried into England; ſuch as, Wines, Brandies, Salt, Lintſeed, Iron, Timber, Deals, &c being the chief kinds of Goods Imported in Scotland, and which the Duties were moſt Complained of.

Beſides this, it is to be obſerved, That the Cuſtoms of Scotland being Let in Tack, as they call it in Scotland, or in Farm, as in England, the Tackſmen or Farmers, to Encourage the Merchants to make large Importations, made ſeveral Compoſitions and Abatements to them leſs or more, according as the Quantity of the Goods Imported, Encouraged, by this means the Cuſtoms were ſtill reduced, and yet the Farmers of the Cuſtoms made great Gain of that Interval of Trade.

Another Article of the Contrivance of the Merchants on this Head, was in England, upon the Drawbacks on Foreign Goods Imported there, and Exported again by Certificate.

And this indeed was leſs Honeſt by far than the other, tho' both of them Politick enough; and, which was thought, had ſlipt the Notice of the Treaters on both ſides, during the Negotiating the Treaty.

The Exporters in this Caſe, ſent Goods from England to Scot⯑land by Certificate, drawing back the Duties paid on their Import in England, as being ſent to a Foreign Country: After the Union the Kingdoms becoming One, it was by the Treaty left open for them, to carry the ſame Goods back into England, and Sell them there, as if they had paid the Duty.

The principal Article this Circumſtance relates to, was Tobacco, which paying a large Duty of near Six Pence per Pound in England, above Six Thouſand Hogſheads as I have been told, (Some have ſaid much more, even to double the Quantity, but I chooſe to relate the loweſt Number,) was ſent into Scotland, and 5 per Pound of the ſaid Cuſtom drawn back by the Merchant.

I need not acquaint the Reader, That the Exporter was both bound in a Bond with Securities, and alſo Sworn againſt the Re⯑landing or returning it into England again; But as the Union gave a free Intercourſe of Trade, i. e. Exporting and Importing to and from the reſpective Kingdoms, without paying any Duties, or any Moleſtation whatſoever, ſo their Bonds ſeem'd to be of no Value in that Caſe; But whether the Oath was of no Value to them, is ano⯑ther Affair, and not for me to Determine here.

It is evident, the Tobacco was ſent to Scotland in Quantities, ſo much above the uſual Conſumption of that Country, that it [3] could rationally be eſteemed to be with no other Proſpect, than of Returning it into England again after the Union, and ſo to obtain the Advantage of the Drawback.

In like manner it is evident, the great Import into Scotland of Wines and Brandy from France, either directly, or by way of Hol⯑land, was ſo much beyond the ordinary Conſumption of the Place, that it could be with no other End, than the carrying it into Eng⯑land after the Union ſhould take place, nor did the Merchants ſtick to owne that to be in the Deſign.

The Merchants in London, eſpecially ſuch as were concerned in the Trade to Spain, Italy and Portugal, and conſequently had the greateſt Injury, made loud Complaints of this, as an Intolerable In⯑equality, and a Thing ſo Unjuſt that they made no doubt to con⯑cern the Government in it, and the Parliament being then ſitting, they Addreſſed the Houſe of Commons for Relief.

Their Addreſs was followed with Numerous Solicitations, they even wearied the Members, the Secretaries of State, and every Body, that they thought would Eſpouſe their Cauſe; that as ſome have Expreſſed it, They almoſt drove the Houſe by the Force of their Clamours, upon a Debate of a Thing, which moſt People thought they had really no Power, at leaſt no Reaſon, to meddle with.

The Parliament then ſitting was the ſame, which had in Concert with the Parliament of Scotland, made this Union; And it could not ſeem Reaſonable, That the Parliament of England in its ſeparate Capacity, could be Qualified to Explain any part of the Articles, which were then Ratified and Recorded in both Kingdoms, and neither Parliament could Determine in Things belonging to the other, any more than they could have done before the Treaty.

However this was, the Houſe of Commons went upon it, great Application being made by the Engliſh Merchants, and after ſome Debate, came to this Reſolution.

Reſolved,

That the Importation of Goods and Merchandizes of the Growth and Produce of France, and other Forreign Parts into Scotland, in order to be brought from thence into England after the firſt of May, and with Intention to avoid the payment of the Engliſh Duties, will be to the Damnage & Ruine of the Fair Traders, to the Prejudice of the Manufactures of England, a great Loſs to Her Majeſties Revenue of the Customs, and a very great Detriment to the Publick.

And in purſuance of this Reſolution, a Bill was ordered to be brought in, the Enacting part of which I have Annexed to this Work, in the Appendsx No. C (3). The Title of it was as follows.‘A Bill to prevent the Miſchiefs of a Fraudulent Practice, in obtaining Drawbacks for Goods carried from England to Scotland, [4] in order to be brought back again; and in carrying Goods from For⯑eign Parts into Scotland, in order to be brought into England, without paying the Engliſh Duties, and for better ſecuring the Du⯑ties of Goods brought from the Eaſt Indies, was (according to order) read a ſecond time, and committed to a Committee of the whole Houſe.’

This Bill paſt all the uſual Forms in the Houſe of Commons, and went up to the Lords, but after long Debate in the Ʋpper-Houſe, the Lords rejected it.

It's true, that upon the Petitions and Repreſentations of the Scots Merchants, there were long Debates, and great Difficulties in the paſ⯑ſing this Bill in the Houſe of Commons, and the Scots demanding by the Letter of the Treaty a free Intercourſe of Trade, alledged they could not be refuſed the importing of any Goods out of Scotland into England, which were not by Law Counterband in Scotland before the ſaid Treaty, ſince having been fairly admitted to an Entry in the Cu⯑ſtom-houſe of Scotland, and all the Duties which were demanded be⯑ing paid, the free Intercourſe of Trade between the Nations immedi⯑ately opened all the Ports of England to their Goods.

This Argument was too Powerful and too Plain not to have its Weight in the Houſe: But to ſolve this, there was an Exception put in to the Bill for the Property of Scots Merchants, as a thing which would effectually remove their Scruples, and anſwer the End both of the Union one way, and of the Portugal Merchants another; For the Complaint ſeemed to ly not ſo much againſt the Freedom of Scots Merchants importing their own Goods, but of Forreigners, Dutch, French, Jews and Engliſh, who under the cover of Scots Men had crouded in vaſt Quantities of Wine and Brandy, meerly to evade paying the Engliſh Dutie, taking the Advantage of the Interval of Time, and thereby bringing their Goods to Market upon Terms vaſtly diffe⯑ring from the courſe of Trade.

To prevent this, the Act was to provide, that all the Properties of the Scots Merchants ſhould be exempted, and be allowed to come to England, but this was reſtricted in point of Proof. (1.) The onus Probandi lay upon the Merchant, in which many Niceties occurred needleſs to be mentioned here. (2.) None were to be reputed Scots Merchants but ſuch as reſided in Scotland, this excluded the Scots Merchants at London and in Holland, who were deeply Embarke in theſe Importations, and on whoſe Management the chief part of the Deſign was charged. (3.) The Proof of the Importations and Properties lay before the Commiſſioners of the Cuſtoms, and it was doubtful how it ſhould be determin'd.

Under all theſe Difficulties, with other Reſtrictions needleſs here, this firſt Act ſtruggl'd and paſt the Commons, and yet it was thought alſo, that had the Scots been fairly excepted they would have been well enough pleaſed with ſuch a Difference, and they would have had ſome reaſon to have been ſo; Nor was the Exception of For⯑reigners altogether unreaſonable, the thing being really a Fraud in [5] Trade, and a Hardſhip upon the fair Traders: But the main Ob⯑jection turn'd upon another Point, viz. The Power the Parliament of England alone could have to Determine, Construe, or Explain any one of the Articles of the Ʋnion, which being made by the Concurrence of the two reſpective Kingdoms, could not be ſubject to the Cogniſance of either Parliament in its ſeparate Capacitie, and upon this Head the Lords rejected the Bill. And this being the main thing in my Obſer⯑vation, on which the whole Caſe depended, I have purpoſly omitted the Reaſonings on that Article on either ſide, which were very many, referring my Reader to the Subſtance of the Addreſs of the Scots Merchants to the Houſe of Lords, and to an Obſervation made by an eminent Member of the Parliament, which I have added in the Ap⯑pendix, in order to leave this Caſe as clear to Poſterity as is poſſible, marked No (D3.) and No (E3.)

However it was abſolutely neceſſary if poſſible to bring this Affair to ſome Concluſion, and in order to this the Parliament at that time draw⯑ing near an end, for they could ſit no longer than the laſt of April, the Union commencing the 1ſt. of May, wherefore it was thought expedient to give the Houſe a ſhort Receſs, that this matter might come again upon the Stage, whereupon the Queen prorogued the Parliament for three days only, and in a ſhort Speech made them acquainted with the Reaſon of it, viz. In order to find out an Expedient to prevent any Miſchiefs ariſing to either Kingdom in the ſhort Interval of time between that and the Commencement of the Ʋnion.

When the Houſe met again, the Commons began again and voted to the ſame purpoſe as before, and ordered a Bill to be brought in in the ſame terms as before.

The Vote of the Houſe of Commons ran thus;‘That the Importation of ſundry Goods of the Growth of France thro' Scotland into England, with deſign to avoid paying the Duties payable for the ſame in England, is a notorious Fraud, ruinous to the fair Tra⯑ders and injurious to Her Majesties Revenue.’

Ʋpon this Vote the Merchants at London renewed their Clamours, and all Methods poſſible were made uſe of to bring the Parliament in⯑to it; The Government would willingly have foundout ſome Expe⯑dient to have ſoftned the general Complaint, and to have prevented the Injury to the Revenue, but all Mediums were found imperfect, and the Houſe of Lords perſiſting in the firſt Scruple, it fell to the Ground.

While this was tranſacting, the Merchants went on with their Importation, and tho' the Quantity did not amount to what had been alledged would be brought in, yet it was a very great Quantity indeed, and the Damage to the Revenue in England, appears by the follow⯑ing Calculation.

There were not ſome wanting in either Kingdom, who expected to make early Objections againſt this proceeding, as a Breach of the [6] Union on the Engliſh ſide, and had the Act paſt, tho' with the ut⯑moſt Precautions, diſcovered that they would have improved that Suggeſtion to the utmoſt, and yet it was obſervable that none were ſo forward to approve of the Act of Reſtriction as ſome Gentlemen who declared their Averſion to the Union, and their willingneſs to have it diſſolved again.

Whatever Loſs therefore the Government received by this Affair, they avoided the Stroke it would have given to the Union and the Enemies of the Treaty loſt the Opportunity of ſaying it was broken.

The firſt of May being arriv'd, the Scots Merchants began to apply themſelves to the Government for the Settlement of this Matter, and the Importation of their Goods to England; This held a long De bate, and took up a great deal of time, however the Scots ſhipped their Goods, took Certificats in Scotland of their being fairly im⯑ported there before the firſt of May, and tho' after many Heſitations and Delays, about the middle of June the Fleet ſailed for London, conſiſting of about 40 Sail moſtly loaded with Wine and Brandy:

As ſoon as they arrived in the River of Thames, the Cuſtom-houſe Officers made a general Seizure both of Ship and Goods; and all was put to a full ſtop.

This perplex'd the Merchands very much, and loud Clamours were made of it in Scotland, as a Breach of the Ʋnion; The Royal Bor⯑roughs in Scotland held their Convention upon this Affair, and the Merchants concerned in the ſaid Ships preſented a Petition to them, which becauſe it relates the Complaint in expreſs terms, and for the Information of thoſe People in England, who do not particularly un⯑derſtand the Methods there, I inſert at large in the Appendix.

It may be obſerved that the Royal Burghs in Scotland have their Meetings on emergent Occaſions, for the Regulation of Trade, and ſettling their own Affairs, beſides their Annual Meeting.

The Merchants of Scotland generally ſpeaking are all Free-men of ſome one or other of theſe Burghs, and there hapning to be a Con⯑vention or Meeting as above at that time, the Merchants preſented to them their Petition, intreating them to repreſent their Caſe to the Queen, ſetting furth their Grievances, this Petition you will find in the Appendix No A. (3.)

Purſuant to this Petition, the Convention of Burroughs repreſented their caſe very earneſtly to the Government, by the means of the Scots Secretarys of State then at London—their Addreſs I have alſo placed in the Appendix to this Work No B (3)

And thus the Caſe was wholly referred to the Queen and Council.

It was thought hard indeed that the Ships ſhould not be ſuffered to unlade, the Seaſon being Hot, and the Wines expoſed to ſpoil; But there was no immediate Remedy, the Cuſtom-houſe Officers could not poſſibly do otherwiſe, for this Reaſon: Had the Debate been, what Duty they ſhould pay, they might have ſuffered them to un⯑lade into the Queens Ware-houſes, and have detained them there till ſuch Duty had been paid; But the Trade of France being univerſal⯑ly [7] Prohibit by Act of Parliament, they could not be admitted to an Entry, but were all Forfeited, both Ships and Goods.

The Government willing, if poſſible, to give the neceſſary Relief in this Exigence, the Attorney General, and all other Judges, whoſe Advice was neceſſary, were required to give their Opinion, but they differ'd in their Judgments ſo much, that no Reſolution could be made in it.

However, that the Merchants might be made Eaſie, it was pro⯑poſed to them, That they ſhould Land their Goods, upon Condi⯑tion, that they gave Security to ſtand to the Judgment of the Bri⯑tiſh Parliament; This was thought but reaſonable, and ſome com⯑plyed with it, and had their Ships Unloaden: Others refuſed ſuch Securities, and their Goods lay longer, and ſuffered more.

At length a Medium was found out, which was, to let all the Merchants have the poſſeſſion of their Goods, ſerving the Poſſeſſors of the Goods with a Writ of Devenirunt out of the Exche⯑quer—; This is a kind of Write which puts the Matter in a Form of Proſecution only, that in caſe of further occaſion, the Queen might recover her Dues, and ſo the Merchants had their Goods, and the Deciſion of it was left to Time, and to the Britiſh Parliament.

Thus it continued in a Courſe of Law, tho' not under proſecu⯑cution, till the Meeting of the Britiſh Parliament, when by a Vote of the Houſe of Commons, the whole Affair was Diſcharged, and all proſecutions ordered to be ſtopt, of which hereafter. Mean time the Clauſe in Parliament ſo much ſtruggled about, you will find in the Appendix to this Work, No C (3)

Thus ended this difficult Matter, in which is to be Noted the Exactneſs of the Houſe of Lords, and Tenderneſs in reſpect to the Union, which delivered us from the Apprehenſions of an Invaſion upon the Articles; and notwithſtanding the Damage done to the Revenue, which was finally ſacrificed to the Eaſe of the Peoples Minds, the whole Claim was let fall.

It may be thought it had this Uſe, however, that the Difficulty which appeared in it, Checkt the Quantity of the Goods that would otherways have been brought in, which would have been Intole⯑rable, and ſome thought this was part of the Deſign in it.

while this was Tranſacting, the Government began to take the State of the Nation into their Conſideration, in order to ſettle Things conform to the reſpective Conſtitutions, and yet to put the Union as far in Practice as the General Circumſtances would admit; And this took up the moſt part of the Time between the firſt of May, when the Ʋnion took place, and the Sitting down of the firſt Britiſh Parliament, nor was the Thing without its Difficulties, as will appear in the ſeveral Articles following.

Previous to theſe Particulars, it is requiſite to obſerve, That the Adminiſtration of publick. Affairs was left to remain as before, in the Miniſtry of a Privy Council, a Treaſury, a Chancellor, and Two Secretaries of State, with all other Dependents and Subſtitutes as before.

This the Queen thought fit to Order, not only, becauſe the Weight of Buſineſs was too great, and the particulars too Nice, and of too much Conſequence to ſuffer a ſudden Change, which would have made large Intervals in the Courſe of Adminiſtration, put a ſtop to the publick Buſineſs, and Influence private Perſons Affairs alſo. But as the Queen has always thought it beſt, in ſuch Caſes, to take Advice of Her Great Council the Parliament, a Hap⯑pineſs we have often Complained for want of in former Reigns; So it was referred to the Sitting of the Britiſh Parliament, that it might be ſettled, to the Satisfaction of the Nation, by the Advice of their full Repreſentative.

Thus the Civil Liſt remained as it was, the Army was ſub⯑ſiſted upon the old Eſtabliſhment, and paid from the Ceſs granted by the Parliament of Scotland, as far as it Extended, the Defici⯑ency was left to the Parliament of Britain to ſupply, as appears by the Act of Parliament granting the Ceſs.

On the firſt of May One Thouſand Seven Hundred and Eight, the Army received their pay from London, the Regiment of Foot Guards was received as Engliſh Guards, and the Command of them given to the Marquiſs of Lothian as Colonel; The Guards were Clothed after the Engliſh manner, I mean, as the Engliſh Guards, and the whole Eſtabliſhment of the Forces received their Regulati⯑ons and Pay from the Britiſh Government.

But two Things required an immediate Application, viz. The Cuſtoms and Exciſe, for theſe being to be Eſtabliſhed upon a new Foot, viz. According to the Articles, and to Commence preciſely on the firſt of May, it was abſolutely neceſſary that they ſhould be firſt ſettled.

The ſame Reaſons made it abſolutely neceſſary to bring down ſome Engliſhmen, to ſupply Inferiour Offices, both in the Cuſtoms and Exciſe, at leaſt, till proper Perſons might be found, or In⯑ſtructed to Act without them.

It was thought at firſt, That as Scotland being United to England, the whole United Kingdom coming under one Denomination, and under one Method of Government, ſo the Revenues ſhould become [9] united in one general Collection, that the Cuſtoms ſhould be manag⯑ed by the Commiſſioners at London, and under them only by Collec⯑tors and other Officers in the reſpective Ports in Scotland as it is in En⯑gland, all ſubſervient to, and under the Government of the Commiſ⯑ſioners at London, and the like in the Exciſe.

But the Buſineſs appeared too weighty and embarraſt with too many Difficulties to admit of ſuch a Conjunction, and indeed were I to enter into an Hiſtorical Account of the Labyrinths which the firſt Settlement of theſe Duties led the Managers of them into, what Dif⯑ficulties they met with, what Clamours were raiſed at their Conduct, however impartially they endeavoured to act, it would look as if I were going to Write of perſons inſtead of relating things, and that is none of my buſineſs here.

It will be enough here to touch the matters of Fact, by which it will appear, both that the Government proceeded in the beſt Me⯑thod, in puting the Cuſtoms and Exciſe into a diſtinct Management in Scotland; And alſo, that the Commiſſioners of both ſhewed they wanted neither Judgment or Application in a Settlement ſo ſpeedy under ſuch perplext Circumſtances as they found theſe Revenues in at firſt.

The Commiſſioners named for the Management of the Cuſtoms were as is noted, Three Engliſh-men, Two Scots-men.

The whole Extent of the Kingdom lay before them and they had not only new Officers to place in the reſpective Ports, but they had all their old Officers to inſtruct in the new Methods, Cuſtoms and Manner of ſecuring and accounting the reſpective Duties.

This obliged the Government, even before Commiſſioners were named, and before the time for the new Collection began, to di⯑rect five perſons from England, experienced in the Methods and Ʋ ⯑ſage of the Cuſtoms, to go down into Scotland, to put them into ſome manner of Order as to Exports and Imports, eſpecially of Goods to be paſſed between the two Kingdoms when the Union was to take place, and of Imports which might happen before the Commiſſion came down; As alſo to Regulate the Collection of the ſubſequent Duties, ſecure the Payment, and inſtruct the Officers; And this was about the latter end of April.—If the Diſorders theſe Gentle⯑men found the Cuſtom-houſe in, the Confuſion of Method and Remiſ⯑neſs of Practice was material to note in a Hiſtory, it would take up a large Diſcourſe here, and make the neceſſity of a new modelling the Cuſtom houſe more diſtinctly appear.

Theſe Gentlemen, tho' it was impoſſible to build any thing upon the Method they found things in, yet by their Diligence and Appli⯑cation [10] brought them to a little of a Form, and prepared them the bet⯑ter for the Regulations which were to follow.

Theſe were the following Perſons.

The firſt Clamour I meet with againſt theſe proceedings, was, the filling all the Commiſſions up with Engliſh Men and Strangers, and I mention it, not that it was a real Ground of Complaint, their Num⯑ber being not one fifth Part of the whole, as appears by their Eſta⯑bliſhment; But to remark how readily every thing was laid hold upon to reproach the Ʋnion, as being either originally deſigned for, or conſequentially improved to the particular Advantage of the Engliſh ſeparately conſidered.

Now altho' the ſmall Number of Engliſh imployed in the Cuſtoms, were a ſufficient Anſwer to the Objections, and a full Juſtification of the Engliſh Government in that Caſe; yet it is a more clear Defence when it is conſidered that it was impoſſible to introduce the new Method of collection, the Rules of their keeping their ſeveral Offices, and their Accompts, which were all now to be done after the Engliſh Manner, without the Aſſiſtance of Officers from England, who had been bred up to the ſame Buſineſs, and were abſolutely Maſters of the Methods practiſed in England: of which by it ſelf.

But to return to the Queſtion, I mean the neceſſity of a ſeparate Collection of the Cuſtoms and Exciſe in Scotland, it will further appear in reflecting on the Proceedings of the Officers in the proſecution of their new Methods.

For Firſt, the People finding the Duties on French Goods ſo ex⯑travagantly high, that the ſtealing the Cuſtoms was more worth their while than uſual, ſell upon that Practice with ſo much eagerneſs, that it was not in the power of the Cuſtom-houſe Officers at firſt to ſup⯑preſs it; At, ſeveral places they practiſed it ſo openly, and with ſuch aſſurance, that when the Officers had made their Seizures they were dri⯑ven from them by the Rabbles, and the Goods attempted to be taken from them by force, & a Fleet arriving from Holland about the Months of August or September after the Union, it was thought that ſeveral thouſand ſmall Casks of Brandy were conveyed ſecretly on Shore, which it was impoſſible to prevent: But of this I ſhall be more particular by and by.

It was time therefore to take new Methods, and the Commiſſio⯑ners [11] Applying themſelves to the Government in this Matter, Soul⯑diers were appointed to Defend the Collectors, as occaſion ſhould offer, and the Perſons who had Reſiſted, as above, were Seized, and ordered to be proſecuted; I might give a long Hiſtory here, of the Frauds and Violences put upon the Government, in the matters of the Cuſtoms, by which whole Ships Loadings of Goods were at⯑tempted to be put on Shore, without paying the Cuſtom; But this is enough to make it plain, what Occaſion there was of a ſtrict and exact Management in this Affair, and conſequently of a ſe⯑parate Commiſſion.

The Buſineſs of the Cuſtoms alſo in Scotland, had been under a Management quite different from that in England; the Commiſſio⯑ners ſound the Trade ſmall, the Officers few, and Diſcouraged, their Salaries ſmall, and the Extent of the Ports vaſtly large; So that of that ſmall Buſineſs there was in the Nation, much of it was carried on by the Clandeſtine Management of the Merchant, and tho' the Farmers or Tackſmen did their utmoſt, with the Officers they had, yet it was impoſſible to prevent the Running great Quantities of Goods.

If this was a General Practice before, much more was it ſo now, when the Sweetneſs of it was Taſted by the Merchants after the Union, when the Duty of Wine and Brandy, was about Five times to Eight times as much as it was before. This added to the Inconveni⯑encies the Cuſtom-Houſe at firſt laboured under, made it impoſſible to put a ſtop to the Irregular Practice of the Merchants, the Firths of Forth and Clyde, are known to be very large, and the whole Kingdom full of Creiks, Coves, Harbours and Bays, that unleſs a little Army of Officers had been maintained, it was not poſſible they could eaſily check the running Goods on Shore, where there was ſo great a Temptation and Opportunity.

But in order to Rectifie this as much as poſſible, Riding Officers were appointed to Survey the Coaſt, theſe were Uſeful to obſerve the Officers, that they did their Duty, and withal, to Inform the Commiſſioners of what happened, to Regulate the Ports, and Di⯑rect the fixing Officers in proper places.

Theſe conſiſted of Four general Riding Surveyors, who dividing the whole Kingdom in proper Diſtricts, had Twelve Riding Officers under them. Three to each Surveyor, theſe were ſubject to the Or⯑ders and Inſpection of the firſt Four, and all ſubject to the General Orders of the Commiſſioners themſelves, as they found occaſion; Nor did the Commiſſioners themſelves ſtick, as they found the Ser⯑vice required it, to take a perſonal Inſpection into the Buſineſs of the Cuſtomes at their firſt Planting, frequently making long Jour⯑neys themſelves, to Viſit the Coaſt, and Rectifie ſuch Abuſes as they found requiſite, which tho' not uſual, they made no Difficulty to do, at the firſt Settlement of this nice Branch of the Revenue.

Several Cruiſing Veſſels alſo & ſmall Boats were built, For the Cuſtom-Houſe Officers were intirely without them before, by which they were [12] able to Viſit and Search Ships as they appeared, at any Time, in the Sea, off of the Ports, or in all the Creiks and Rivers as there was occaſion—; for want of which, it was frequent⯑ly practiſed, for Ships to appear at a diſtance, make Signals for their Confederates, who came off in Boats, and ſo delivered the Goods they deſigned to Run, before they came into Port; Theſe Boats particularly in the Firth of Forth, having the whole Firth to Range in, had their appointed Signals alſo on the Shores, where⯑by they never failed to have Notice, if the Officers appeared, and could ſhift from Port to Port, or from one ſide of the Firth to the other, till they had a clear Port to Land in; and the Cuſtom-Houſe Officers might have the Satisfaction to ſtand on the Shore, and look on, but having no Veſſel or Boat to go off in, could not pre⯑vent the Fraud.

But this was intirely prevented by the Vigilance of the Com⯑miſſioners, who placed their Cruiſing Veſſels in proper Stations on the Sea, and their ſeveral ſmaller Boats in the Rivers, Creiks and Ports; and theſe concurred together with the Riding Officers and Surveyors on Shore, who, in their conſtant Circuits, anſwered ex⯑actly by Land, what the ſaid Veſſels did on the Sea—; By the Exactneſs of this Method, the Affair of the Cuſtoms preſently came into Form, and Things looked with a new Face in Trade, to the Satisfaction of Fair Traders, and the better Collecting and ſecuring the Duties.

And for the better Explaining the particular Management of the Cuſtoms in Scotland as to this Point, and giving a Proof of what I have Noted as above, I have added a brief Scheme of the ſeveral Stations of the ſaid Cruiſers by Sea, their appointed Buſineſs, and Original Coaſts, together with the Stations of the Riding Officers on Shore, which will be found Appendix Part 11. No. (R x x, S x x.) and to which the Reader is referred; a Scheme alſo of the Difference of ſeveral Duties before and after the Union, from which the Encouragement for theſe Diſorders were drawn; Theſe you will find Appendix Part 11. No. (T x x, V x x, X x x.)

I have been the longer on this, as well to give the true Reaſons, why it was abſolutely neceſſary to place Engliſh Officers in Scot⯑land, in order to Regulate the Collection, as why it was abſolute⯑ly neceſſary to have a diſtinct Commiſſion in Scotland, and this will always hold to be a Reaſon for ſuch a Method; It being Im⯑practicable, that all the variety of Caſes which ſhall happen there, ſhould be Determined by the Board at London, or left to the Arbi⯑trary Deciſion of ſingle Collectors; And this was one Reaſon among others, why the Parliament found it neceſſary, to have a Court of Exchequer Eſtabliſhed in Scotland, in which all the Seizures, Confiſcations, and Pleas between the Merchant and the Cuſtom-Houſe Officers, ſhould be Determined, ſince it would have been an inſupportable Grievance, both to the Queen as well as to the Subject; to the firſt, to have had ſuch Pleas be Determined in the Ordinary Methods of the Law. And to the ſecond, to have been [13] obliged to Defend themſelves in England, whither Witneſſes muſt have been ſent, and the Defendants have been bound to have ap⯑peared upon every trifling Occaſion; Of which by it ſelf.

As the Cuſtoms were thus neceſſarily put under a ſeparate Col⯑lection, ſo was the Exciſe—; that Branch of the Revenue was not without its Difficulties, and as there would be every day Nice⯑ties and Difficulties ariſing, which no Government could Foreſee; So it would have been too great a Neglect of Scotland, to have put the Determination of that whole Branch of the Revenue, into the Hands of ſingle Collectors.

Again, the Diſputes in the Exciſe in England, being referred wholly to the Juſtices of the Peace, and at the firſt ſettling this Duty, there being no Juſtices of the Peace ſettled in Scotland, it would too much have Expoſed the Subject, to have left them to the Arbitrary Deciſion of Inferiour Collectors, and too much have Expoſed the Government to have left the Queen, without a due Power to have ſecured the Revenue.

But there was yet other Reaſons, which made the Eſtabliſhing ſeparate Commiſſions in Scotland for the Revenue, as above, to be abſolutely neceſſary, and this was the Eighteenth and Nineteenth Articles of the Union, which appointed the Laws of Scotland to remain in Force as they were—; One Conſequence of this Ar⯑ticle, was, That all the Pleas of the Crown, as well as all Matters of private Right, became Cognoſcable only in Scotland, and to be Judged by what was before, or was now to be Deem'd, the Law of Scotland.

Hence it appeared abſolutely neceſſary, to have Two new Courts Erected in Scotland, That is to ſay, New in Method, tho' not in Name, viz. a Court of Admiralty, and a Court of Exchequer; The firſt to Determine Maritime Diſputes, the other, ſuch as related to the Receipt of the Revenue, as Seizures, Forfeitures Penal⯑ties, Crown Lands, Leaſes, Grants, Patents, &c. and whatever De⯑mands the Sovereign had upon the Subjects.

It was expreſly ſtipulated in the Twenty Fourth Article of the U⯑nion; That a Seal in Scotland after the Ʋnion 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 King⯑dom; And that, until ſuch Seal ſhall be appointed by Her Majeſty, the preſent Great Seal of Scotland ſhall be uſed for ſuch Purpoſes; And that the Privy Seal, Signet, Caſſet, Signet of the Juſticiary Court, Quarter-Seal, and Seals of Courts now uſed in Scotland be continued.

By this Clauſe, all Grants, Patents, Commiſſions, &c. were ne⯑ceſſarily to be paſt in Scotland—; By this Clauſe alſo it became ne⯑ceſſary, that there ſhould be a diſtinct Keeper of the Seal, and a diſtinct Keeper of the Signet in Scotland, tho' there was but one Lord Chancellor.

Again, by the Eighteenth Article, it was expreſly ſtipulated; That the Laws concerning Regulation of Trade, Cuſtoms, and ſuch [14] Exciſes, to which Scotland is, by virtue of this Treaty, to be lyable, be the ſame in Scotland, from and after the Ʋnion as in England; And that all other Laws, in uſe within the Kingdom of Scotland, do after the Ʋnion, and notwithſtanding thereof, remain in the ſame Force as before, (except ſuch as are contrary to, or inconſiſtent with the Terms of this Treaty) but alterable by the Parliament of Great-Britain, with this Difference betwixt the Laws concerning Publick Right, Policy, and Civil Government, and thoſe which concern private Right; That the Laws which concern publick 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 Rights, except for evident Ʋtility of the Subjects within Scotland.

This drove the Treaters to the abſolute neceſſity of Forming all thoſe Particulars of the Nineteenth Article, which are but the Ex⯑planation of the Eighteenth; That the Court of Seſſion, or Colledge of Justice, do after the Ʋnion, 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 Ʋnion.

This ſettled the Laws of private Right; Then the Court of Ad⯑miralty comes, as a Conſequence of the ſecond Clauſe, as follows; And that all Admiralty Juriſdictions be under the Lord High Admiral or Commiſſioners for the Admiralty of Great-Britain for the time be⯑ing; 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 Alte⯑rations, as ſhall be judged Expedient for the whole Ʋnited Kingdom, ſo as there be always continued in Scotland a Court of Admiralty, ſuch as is in England, for Determination of all Maritime Caſes relating to private Rights in Scotland, competent to the Juriſdiction of the Admi⯑ralty Court, ſubject nevertheleſs to ſuch Regulations and Alterations, as ſhall be thought proper to be made by the Parliament of Great-Britain; And that the Heretable Rights of Admiralty and Vice-Admiralties in Scotland be Reſerved to the Reſpective Proprietors as Rights of Property, ſubject nevertheleſs, as to the manner of Exerciſing ſuch Heretable Rights.

That all Pleas of Right, whether in private Right or Pleas of the Crown, were Cogniſable only in Scotland, is proved by the ſame Article, in the following words; And that no Cauſes in Scotland be Cognoſcable by the Courts of Chancery, Queens-bench, Common-Pleas, or any other Court in Weſtminſter-Hall; and that the ſaid Courts, or any other of the like Nature, after the Ʋnion, ſhall have no Power to Cognoſce, Review, or Alter the Acts or Sentences of the Judicatures with⯑in Scotland, or to ſtop the Execution of the ſame.

The Exchequer as a further Conſequence follows next, in theſe words; And that there be a Court of Exchequer in Scotland after the Ʋnion, for Deciding Queſtions concerning the Revenues of Cuſtoms and Exciſes there, having the ſame Power and Authority in ſuch Caſes, as [15] the Court of Exchequer has in England; And that the ſaid Court of Exchequer in Scotland have Power of paſſing Signatures, Gifts, Tu⯑tories, 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.

By theſe particular Eſtabliſhments may be ſeen not only the manner of the publick Management in Scotland, but the Reaſon of it, and from whence it became neceſſary to have the Court of Exchequer, the Commiſſions, and the ſeparate Collection of the Publick Revenue ſettled in Scotland, all flowing from this main Original ſtated in the Treaty, viz. That all Cauſes between the Queen and the Subject are only cogniſable in Scotland.

According to this Foundation, the Collections for the Cuſtoms and Exciſes were ſettled in Scotland in diſtinct Commiſſions, as has been ſaid, and tho' at firſt the Difficulties in the ſaid Collections ap⯑peared great, and ſome uneaſineſs on every ſide began to riſe, yet as they principally lay on the backwardneſs of the Subject to come under a ſtrict Survey as to the Duties, Time wore off theſe Things, and the People became more ſenſible of the Neceſſity of the exact Collection, in order to bring Trade to an Equality.

At the beginning, the People thought every Seizure of prohibited Goods a Violence upon their Properties, and clamoured at the En⯑gliſh and the Ʋnion; as if the Union had been made not to bring them under good Government, but to leave them without Govern⯑ment. Ʋpon this Notion they fell to running of Brandy in particu⯑lar at that prodigious Rate, that ſome thouſands of ſmall Casks of Brandy was in ſpight of all the Vigilance of Officers ſecretly ſuppoſed to be put on Shore out of the firſt Dutch Fleet that came to Scot⯑land after the Union; and when the Officers made Seizure of ſeveral Parcels, the Rabbles by Violence reſcued them again, as is already noted above.

But this Practice was eaſily ſuppreſt, for not the Government only, but all the fair Merchants were concerned in it, ſince the running of Goods on Shore, without paying Cuſtom, is a known prejudice to the Merchant, who entring his Goods fairly, and paying large Cuſtoms, is by theſe People under-ſold, and the Market foreſtal'd; Theſe things therefore began to meet with leſs Encouragement, and having no Countenance but from the meer Rabble, the frequent Loſſes they met with, by the activity of the Officers of the Cuſtoms by little and litle, diſcouraged the Adventurers, and Trade began to run in it's proper Channel.

The Difficulties of the Exciſe were of another kind; Of which by themſelves; And tho' the Rules of the Collecting the Exciſe, & the Methods of charging the Subject were very exact and regular, yet they were not without great Obſtructions in their Work, as has been noted. The firſt by reaſon of a Miſunderſtanding of the Senſe of the Article in the Ʋnion, ſettling the Duty of Exciſe, which having ex⯑preſt the ſeveral Meaſures, not very exactly, admitted a double Con⯑ſtruction as to the Quantity what was to be eſteemed the Engliſh [16] Barrel: The Commiſſioners had charged it one way, and the Brewers demanded it another, as follows.

The Act expreſſes it thus.‘VII. That all the parts of the united Kingdom be for ever and after the Union, Liable to the ſame Exciſes upon all exciſeable liquors, excepting only that the thirty four Gallons Engliſh to the Barrel of Beer or Ale, amounting to Twelve Gallons Scots preſent meaſure, ſold in Scot⯑land by the Brewer at nine ſhilling ſix pence Sterling excluding all Du⯑ties, and retailed including Duties on the Retailers profit, at two pence the Scots Pint, or eight part of the Scots Gallon, be not after the Union lyable on account of the preſent Exciſe upon Exciſeable Liquors in England, to any higher Impoſition than two ſhillings Sterling upon the foreſaid thirty four Gallons Engliſh Meaſure 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.’

When the Exciſe Office came to Charge the Brewer upon this Cauſe, they could reckon it no otherwiſe than as in England, by the Gauge of Thirty Four Gallons Engliſh to the Barrel; And thus the Brewer ſtood Charged for ſome Time.

But the Brewers objected, and ſticking to the Letter of the Article demanded, to pay but 2 ſh. for 12 Scots Gallons, whether it over-run the Engliſh 34 Gallons or no.

This occaſioned ſome ſmall Debate, but the Prudence of the Com⯑miſſioners prevented the Clamour ſome People would willingly have raiſed upon it, and the Juſtices of Peace directing 1/17. in each Thirty Four Gallons to be allowed, the Brewer for the preſent left it Undetermined till the Parliament ſhould ſettle it; And thus the Brewers were made Eaſie; It is to be ob⯑ſerved, to the Honour of the perſons employed in the firſt Settle⯑ment of the Exciſe in Scotland; That conſidering the Ignorance of the moſt part of their Officers in the Art of Gauging, and in the new Methods of taking the Worts, and making a Charge, conſide⯑ring the Difficulty of ſatisfying and convincing the People who were to pay the Duty, that they had no wrong done them, they them⯑ſelves being unable to examine the Gaugers Accounts, no Duty was ever ſettled with ſo little Noiſe, or with ſo few Complaints, not one perſon that ever I could hear of having any Appeal from the Commiſſioners Sentences, or making any Complaint of Injuſtice done them; But the Collection went on eaſie, was collected quietly, paid cheerfully, and viſibly improved the Revenue, tho' nothing was paid by the Brewer more than they paid before.

Nor had it been poſſible to collect this Duty legally, if it had not been ſo, for the Commiſſioners of the Exciſe laboured under another Difficulty which none of the other Branches of the Revenue were troubled with, viz. That the Laws of Collection being by the Ʋnion to be the ſame as in England, and the Juſtices of the Peace being by the Act of Parliament 12. Carol. II. in England made Judges between the Queen and the Subject, in caſes of Diſpute; from [17] the beginning of the Ʋnion till about Auguſt 1708, which was 15 Months, they were without the Aſſiſtance of Juſtices to determine thoſe Diſputes.

There was indeed a Nomination of Juſtices by the Privy Council of Scotland 15 Auguſt 1707, as will appear in its place, and for ſome few Months they did meet and Act; But this was a new Set⯑tlement, and the Centlemen named were yet young in their Buſineſs, little help could be had from them, and which was ſtill worſe be⯑fore they had time to inform themſelves, their Power died by the Act of Paliament in England, diſſolving the Privy Council in Scotland. This Act paſt in the beginning of the firſt Britiſh Parliament, and by the Ceaſing of that Power, from whence thoſe Juſtices derived, the Power of the Juſtices alſo Ceaſed; and they were now to receive new Commiſſions from the Lord Chancellor of Britain, as the Juſtices in England alſo did—; This was not Finiſhed till Auguſt 1708; ſo that in all that Time, the Commiſſioners of the Exciſe had no legal Authority before whom they could Convict any Offender, or puniſh any Breach of the Law, or by whom any Caſe could be Determined.

Yet their Buſineſs went on, and no Complaint was heard againſt their Management, no Appeal made againſt them, no Difficulties but what they work'd thro', to the general ſatisfaction.

The Exciſe as well as Cuſtoms in Scotland had been Farmed out; or Let in Tack, as they call it, the Tackſmen or Farmers did their beſt—, for their own Intereſt; But ſeveral Circumſtances rendred their Method of Collecting the Exciſe, unfit to be Imitated, ſuch as their Officers, who were intirely ignorant of the Art of Gauging, [...]a⯑king the lengths of the Worts by Gueſs, & proving Quantities chiefly by the Oaths of the Brewers and the like, which joyned with ſome other Practices, I care not to mention, expoſed both the Collectors and the Brewers to ſeveral Inconveniencies, and in General, made the Charge on the Brewer many ways Unequal—; a Thing prejudicial not to the Duty only, but to the Fair Dealer particular⯑ly, who always ſuffers by the Frauds and Connivances of others.

On this account when the firſt of May came, & the Union taking place, the new Duty was to begin, the Government found themſelves ne⯑ceſſitated to ſend down a great many Officers into Scotland, if poſſible, to put Things into ſome Order, and prepare the People for the new Method of Collection—; What Treatment theſe Officers received in Scotland, how ill the People there uſed them, and how little they were able to do, will beſt appear by this, That the Government found themſelves obliged by Proclamation, to let the Duty go on for ſome Time in the ſame Methods, and Collected by the ſame Officers, till the new Methods could be prepared.

Nor was this all, for tho' the new Commiſſion was formed as ſoon as poſſible, for the Commiſſioners began to Act on the 9th of [18] June, yet they had the whole Kingdom to Regulate as to the Col⯑lection, all their Officers to Inſtruct, both as to Method and to Act; The firſt relating to the Accounts, and the laſt as to Gauging, not an Officer in the whole Kingdom, underſtanding the uſe of the Gauging Rod, as is Noted already, nor the People knowing the Meaning of it.

This makes the Difficulty of Settling the Exciſe in Scotland ap⯑pear, and indeed who ever conſiders the manner of Collection be⯑fore the Union, as before; will Wonder, how it was poſſible ever to bring the Buſineſs into any Order, for the People being moſt intolerably Averſe at firſt, to the new Regulations, raiſed innume⯑rable Clamours at the Officers that came from England, as Impoſing Novelties on them, and confounding their Buſineſs—; And here, as well as in the Cuſtoms, the Clamour againſt Engliſhmen being imployed, was laid hold of, but the Conduct of the Com⯑miſſioners here likewiſe effectually Anſwered that Pretence, for no ſooner had the Officers, ſent by the Commiſſioners in England, as above, done the Work they came about, viz. in Directing and Inſtructing the Officers in Scotland, but the greateſt part of them were ſent back again, and ſo few Engliſhmen remained in the Exciſe, that it is not worth Naming.

The Names of the Commiſſioners as ſettled after ſome few Alte⯑rations were as follows

Nor was the Duty of Exciſe as a Revenue without its Diſcourage⯑ments, as well as the Cuſtoms, the Article of Private Rights, reſerved by the Union, had of courſe brought ſeveral Exemptions upon them, ſome of which have proved very conſiderable Hindrances to the Duty.

The Commiſſioners however, Diſputed with ſome of thoſe People who claim'd Exemptions of Duty, and the Debate on thoſe Heads, lay Undetermined before the Barons of Exchequer, at the Writing theſe Sheets.

Under all theſe Diſcouragements, yet the Collection went on, and the Brewers ſoon became Satisfied with the manner of Charging the Exciſe, viz. by Gauging, as the moſt Equal, Indifferent, and Un⯑deniably certain; and, as a method no Man could be Wronged by—; Which giving them all an Equality with one another; was very much the Advantage of the Fair Traders—, who always Suffer by the Frauds of Clandeſtine Dealing.

Nay, this was evident by the Brewers themſelves, who differing with the City of Edinburghs Aſſeſſors, about the Taxes paid to the [19] City, endeavoured to have the City Officers, Charge them by the Gauging Rod, as in the Exciſe, but could not obtain it.

I have inſiſted upon the Difficulties of ſettling theſe Things, to ſhow the World the abſolute Neceſſity, of placing the Collection of the Revenue in Scotland, diſtinct from that in England; And alſo, as a Thing needful, to ſhow by what Steps the ſeveral Offices ar⯑rived to that Order and Exactneſs, which they now appeared to be Managed in.

I come now to the Affair of the Equivalent.

The Calculations and Proportions between the Nations, being the Ground from whence it became payable to Scotland; I have gone thro' already, as diſtinctly as I can, in the ſeveral Obſervations on the Minutes of the Treaty, firſt at London, and after, in the Parliament of Scotland; We are now come to the payment of it.

The Parliament had Determined, both how it ſhould be Diſ⯑poſed of, and who ſhould Diſpoſe it, viz. That the Queen ſhould Name Commiſſioners to Receive and Iſſue out the ſaid Money, according to the Terms of the Union; This you have expreſly in the Fifteenth Article of the Union, as concluded at London, as follows; And it is agreed, That Her Majeſty be Impowered to appoint Commiſſioners, who ſhall be accountable to the Parliament of Great-Britain, for diſpoſing the ſaid Summe of three hundred, ninety eight thouſand, eighty five Pounds, ten Shillings, and all other Moneys which ſhall ariſe to Scotland, upon the Agreements aforeſaid, to the purpoſes before-mentioned: Which Commiſſioners ſhall be Impowered to call for, Receive, and Diſpoſe of the ſaid Moneys 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 be obliged to give to the ſaid Commiſſioners ſubſcribed Authentick 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 Books 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 Sub⯑jects who ſhall deſire the ſamen.

The Queen, purſuant to this Power, appointed Commiſſioners for the Management of the Equivalent, and the Money being raiſed by Parliament, lay ready in the Bank of England.

[20] The Commiſſioners Named by the Queen were Twenty Five in Number, as follows;

The Four Merchants of London were Named, becauſe as Members of the Bank of England, they were required to be pre⯑ſent upon the Spot, in order to ſupport the Credit of the Bank, in caſe any Body had ſcrupled their Bills; And indeed there was Oc⯑caſion ſufficient for their being there, as will appear preſently.

It was now the beginning of July, and the Money was not yet come away from London; It would be Endleſs to Record here, the Scandalous Reflections ſpread about, of the Delay of Payment, and how the Engliſh having ſecured the main Point, would pay the Money when they pleaſed, or perhaps never; and ſome ran it up to that Height, as to ſay, That the Engliſh Deſigned to Cheat them of the Money.

Again, another ſort of People pretended the Union was broke, becauſe the Money was not paid by the firſt of May, and there was a Diſcourſe of ſome Gentlemen, who came up to the Croſs of Edin⯑burgh, and Proteſted in the Name of the whole Scots Nation, That the Conditions of the Treaty being not complyed with, and the [21] Terms performed, the whole was Void, and Scotland was again Free, when ever an Occaſion offered, to lay hold of that Freedom—; That ſome People were ſo weak to Talk thus, and that a certain Gentleman was Fooliſh enough, to make ſuch a Formal Proteſtation, I have ſome Reaſon to believe; But that D— H— was the Man, I profeſs not to know, and believe, that Noble Perſon to underſtand the Nature of the Treaty, and the Nature of Proteſt⯑ing alſo, better than ſo.

Be it as it will, ſuch Proteſtation was of no uſe, neither could it have any Signification, being made purely without Ground, the Treaty having no where Tyed up the Government of England, to have the Money actually in Scotland by ſuch a Day—; Nor was England by the Treaty, under any Obligation to a Day of Payment; But Two Things preſcribed the payment, and a Third clears it all moſt effectually.

1. That by the Cuſtom of England, any payment Contracted for, ſine Die, becomes a Debt Demander, or payable at Demand; and ſo the Day being not prefixt in the Articles, the Money became pre⯑ſently due, viz. the firſt of May, but under no Forfeiture on delay of Days, much leſs a Diſſolution of Articles.

2. But if this Nicety had been inſiſted on, then it is Anſwered, That the Money was actually payed by England, being delivered by the Treaſury to a certain Number of the Commiſſioners, appointed for receiving the Equivalent, and this, either upon or before the firſt of May; And tho' it was not actually come down into Scotland, yet if it was delivered in London, to the proper Perſons appointed to receive it, the Government of England was fairly acquitted of the payment—; And this is to be ſeen by the ſaid Commiſſioners Receipt in the Exchequer in England, when the Money was paid.

3. But a third Clauſe ſhewed all this to be an Inſignificant and a moſt Ignorant Pretence, for the Equivalent was actually paid, and made good to Scotland, before the Treaty was concluded, and it was expreſly ſtipulated ſo to be Ordered, in the Fifteenth Article, in theſe words; It is agreed, that Scotland ſhall have an Equivalent for what the Subjects thereof ſhall be ſo charged towards payment of the ſaid Debts of England, in all particulars whatſoever, in manner fol⯑lowing, viz. That before the Ʋnion of the ſaid Kingdoms, the Summe of three hundred, ninety eight thouſand and eighty five pound ten ſhil⯑lings be granted to Her Majeſty by the Parliament of England, for the Ʋſes after-mentioned, being the Equivalent, to be anſwered to Scotland for ſuch parts of the ſaid Cuſtoms and Exciſes upon all Exciſeable Li⯑quors, with which that Kingdom is to be charged upon the Ʋnion, as will be applicable to the payment of the ſaid Debts of England, accord⯑ing to the Proportions which the preſent Cuſtoms in Scotland, being Thirty thouſand Pounds per Annum, do bear to the Cuſtoms in Eng⯑land, computed at one Million, three hundred, forty one thouſand, five hundred and fifty nine Pounds per Annum: And which the preſent Ex⯑ciſes on Exciſeable Liquors in Scotland, being thirty three thouſand and [22] five hundred Pounds per Annum, do bear to the Exciſes on Exciſeable Liquors in England, computed at nine hundred, forty ſeven thouſand, ſix hundred and two Pounds per Annum; Which Summe of three hundred, ninety eight thouſand, eighty five Pounds, ten Shillings, ſhall be due and payable from the time of the Ʋnion;

It is evident from this Article, That the Security Demanded by Scotland, for the payment of this Money, was, That the Parliament of England ſhould raiſe the Sum agreed, and ſhould grant it to Her Ma⯑jeſty, for the Ʋſes in that Fifteenth Article Expreſſed, That is in ſhort, That the Parliament ſhould grant to Her Majeſty ſuch a Sum of Money, and appropriate it to the payment of the Equivalent—; This really was payment, and was ſo Accepted, and the Money being Granted to the Queen, was nothing but as a Depoſite in a Third Hand, till the Ratification of the Treaty ſhould paſs in Scotland, and be Confirmed in England, or till the Union ſhould take place, WHEN, AND AS SOON AS that was done, the Money was actually the Right, the proper Goods of the Scots, and the Go⯑vernment of England could not have kept it back, no tho' the Treaty had been afterward Diſſolved, or broken; So that the Ob⯑jection againſt the payment of the Equivalent, in Time, Dyes, and falls to the Ground, in this, That it was actually payed by England before the Union began, and plac'd in ſuch Hands as a Truſt, to be at the Demand of the Scots, as ſoon as the Union took place, Due and payable from the Time of the Ʋnion, are the Words of the Article—; As ſoon therefore as the Union took place, the Treaſury of England became Debitor to Scotland, for ſuch a Sum of Money—; But the Parliament of England, with whom the Treaty was made, were Diſcharged of the Payment, as ſoon as ever the Act of Appropriation was paſt in the Houſe.

This, I think, is clear, and admits of no Diſpute, but it ſhows the Weakneſs of thoſe People, that promiſed themſelves any thing from the delay of the Money coming into Scotland—; Nor did their Error ceaſe here, for when the Money came, they were not at all better pleaſed, but raiſed new Clamours at the Union—, and really went to that Height in their Reproaches, that it ſeemed as if they had yet latent Expectations of raiſing a new Tumult.

It was indeed ſomething remarkable here, and not a few People took notice of it, That the very ſame People, who juſt before Ex⯑claimed at the Engliſh, for not paying the Money, and cried out they were Cheated, and the Union broken, were the ſame—, who, when the Money came, made as much Noiſe on the other hand of being Bought and Sold, & that Money being the Price of their Countrey.

The Violence of this Temper appearing ſo openly, I can not be counted partial in giving a true Account of it, ſince I could not be Faithful to the Matters of Fact, if I Omitted it.

On the Day of Auguſt the Money came to Edinburgh, in Twelve Waggons, Guarded by a Party of Scots Dragoons, and was carried directly to the Caſtle; If I omit to enter into the De⯑tail [23] of the Reproaches and Railings at the poor Innocent People that brought it, nay, at the very Horſes that drew the Carriages, it is, becauſe it was a Folly below Reproof, and rather deſerves Pity.

If I omit Naming a known Perſon, in no concealed Station, who was for having the Dragoons that Guarded it, Hanged for bring⯑ing it in—; And being asked, What he would have the poor Men do with it? Anſwered, They ſhould have cut all them that brought it to pieces, and kept the Money from coming into the Countrey: If I omit Naming this Gentleman, it is in reſpect to his Character, and in hopes he may live to be Wiſer, and to acknow⯑ledge his inconſiderate Raſhneſs.

The Waggons, as is Noted, were driven directly to the Caſtle, and the Money Lodged there, to be iſſued in its Courſe—; The People ſet on by proper Engines, ſhewed their Diſſatisfaction at firſt, by rudely Stoning the poor Carters and Drivers, and Two or Three were very much hurt by Stones, as they came back with their Horſes from the Caſtle.

But this was but the Remains of the Tumultuous Temper, we have been taking Notice of before, and the poor Ignorant People Acting only from outward appearances, without Conſideration—, grew Calm again of courſe—; Nor among the moſt Malecontent perſons could I ever find any, that when the Money upon the Afri⯑can Stock came to be paid, would think the Species Unhallowed, enough to refuſe their ſhare of it.

As ſoon as the Money was Arrived, the Commiſſioners for the Equivalent began to Sit, and immediately applyed themſelves to the Diſtribution of it according to the Terms of the Treaty—; And having ſet a parta due Proportion for the Expence of the Coinage, they went immediately to Work with the African Stock, and began to pay off.

Yet I muſt not Omit a Difficulty here, that had almoſt put the Affair to a full ſtop for a while—, and this was from the Species of the Money they had brought; The Caſe was as follows.

The Bank of England had that year, upon an Advance of a Sum of Money to the Government, received 1200000 libs. or there abouts, in Exchequer Bills—, which being made Current by the Credit, both of the Government in publick, and after by the Bank in particular, they preſumed would paſs in payment, as common paper Credit uſually did in London, without Intereſt, being always payable at demand by the Bank in London, this they expected ſhould go down without any Difficulty in Scotland.

But the Bank ſeemed under ſome Miſtake as to the Extent of their Reputation, or at leaſt as to the Circumſtances of Scotland, when they propoſed the putting off theſe Exchequer Bills there.

However, they ventur'd, and ſending only 100000 lib: in ready Money, in the Waggons mentioned before, the other 298085 lib. 10 ſhillings—, was ſent down in this Paper Credit or Exchequer Bills.

[24] This raiſed a new Clamour in Scotland, and abundance of People run away with it, that the Engliſh Trick'd them; that they had ſent them Paper in ſtead of Money, that the great Argument formerly uſed to perſwade Scotland to the Union, to take upon them a ſhare of the Burden of the Engliſh Debts, and to accept of an Equivalent, was the great Advantage that ſhould accrue to Scotland, by the Circulating of ſo much ready Money in the Nation—; And that now they were to be put off with Bills payable 300 Miles off, and which if Loſtor Miſlaid, or by Accident Burnt, were Irrecoverable.

The Truth is, The Bank of England took a wrong ſtep here—; For First, They ventured upon Scotland with their Bills in ſtead of Money, without Conſulting either the Temper or the Circumſtances of Scotland at that Time.

Had they Correſponded with the Bank of Scotland, and obtained of the ſaid Bank to Circulate their Bills, either by their own Credit or Caſh, had they Eſtabliſhed any running Caſh in Scotland for the Circulation, where they ſhould have been Received and Iſſued on Occaſion, they had come off better—; Or had the Bills had running Intereſt upon them, that thoſe People who laid them up, might have had an Increaſe upon them as they lay by, there had been ſome Reaſon to expect they might have paſt.

But the Bank had Ingroſſed the Intereſt paid on the Bills by the Government, and then ſent them Naked into the World, to Run purely on the Credit of their Fund, without any Intereſt running upon them. This, and conſidering Scotland, a Place not yet of a great in land Commerce, in which alone ſuch Bills are capable of being made Current, made it very improbable, that their Bills ſhould paſs in Scotland; This Miſtake the Commiſſioners them⯑ſelves ſaw, as ſoon as they came to Scotland—; And therefore immediately ſent away to England for 50000 lib. ſterling more in Gold—; Nor had this been able to have carried them thorow the Payment, had not the Commiſſioners, very prudently taken all the Exchequer Bills that any One brought them, and given Bills of Exchange for them payable in London—.

When the Commiſſioners found how it was—, they ſaw no Remedy, but to Declare, That tho' they had brought Exchequer Bills down, in order to ſupply the deficiency of Bullion, which was then ſcarce enough in England, yet that no body ſhould be obliged to take them without their Conſent, nor ſhould any body be re⯑fuſed payment as they came in their Order; And as a certain Great Perſon began with them, as ſome thought, by way of Experiment, and having a Demand for 4 or 5000 lib. upon the African Stock, re⯑fuſed to take any of the ſaid Bills, the Commiſſioners immediately Ordered it all to be paid in Specie.

This, and a conſtant Currency of Payment, began to raiſe them ſome Reputation, and ſome who were Friends to the Government, and ſaw the Exigence of the preſent caſe, accepted of Exchequer Bills for large Sums: Others would take half Money, half Bills—; [25] And others that came for their Money before their Turn came, yet had it offered them if they would take Bills, ſtill preſerving this Point Sacred, that no body was refuſed his payment in courſe, in Money, if he inſiſted on it; Thus, with a great deal of Difficulty, at laſt they work'd thorow the payment of the African Stock—; The Bills went all away to England ſo directly, that in ſix Months time there was not one to be ſeen.

So the Main End of the Bank, viz. The Circulation of theſe Bills in Trade, as a paper Credit, was quite Loſt, which, had the In⯑tereſt been runing upon them, would have been eaſie, and readily complyed with.

However, it was at laſt contrary to Expectation, concluded, and the whole African Stock being paid off, that Company Diſſol⯑ved and Died.

The next Affair was the Settlement of Juſtice in Scotland—; And this ſuffering ſome Alteration, it is needful to give a true Account of it according to my Title.

It had been ſtipulated by the Eighteenth and Nineteenth Articles, That all other Laws, in uſe within the Kingdom of Scotland, do after the Ʋnion, and notwithſtanding thereof, remain in the ſame Force as before (except ſuch as are contrary to, or inconſiſtent with the Terms of this Treaty) but alterable by the Parliament of Great-Britain, with this Difference betwixt the Laws concerning Publick Right, Policy, and Civil Government, and thoſe which concern private Right; That the Laws which concern publick Right, Policy, and Civil Government, may be made the ſame throughout the whole Ʋnited Kingdom; But that no Alteration be made in Laws which concern private Right, except for evident Ʋtility of the Subjects within Scotland.

That the Court of Seſſion, or Colledge of Juſtice, do after the Ʋnion, 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 Ʋnion, ſubject nevertheleſs to ſuch Regulations for the better Adminiſtration of Juſtice, as ſhall be made by the Parliament of Great-Britain; And that the Court of Ju⯑sticiary do alſo after the Ʋnion, 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 be⯑fore the Ʋnion, ſubject nevertheleſs to ſuch Regulations as ſhall be made by the Parliament of Great-Britain, and without prejudice of other Rights of Juſticiary.

Theſe Clauſes preſerved the ordinary Proceſs of Law in Caſe of private Right, in the ſame Courſe and Condition as before; but all Pleas of the Crown, Matters of Diſpute between the Queen and the Subject, relating to the Revenue, and Trade, being to be the ſame as in England; For that Reaſon; there were neceſſary Alterati⯑ons to be made in the Methods, and even new Models of Proceed⯑ings to be Formed, ſpecial to Scotland.

[26] And Firſt of the Civil Peace.

The ſeveral Branches of the Revenue, depending much upon the Execution of petty Juſtice, and particularly the Exciſe, in which the Juſtices of Peace are in moſt Caſes, the Judges between the Brewer and the Collector; In this caſe, it was Neceſſary to Renew the Model formerly uſed, and taken from England, viz. Of Juſtices, Conſtables, Headboroughs, &c. And this not only for the Deciding Diffe⯑rences in the Duties, but in Forcible Entries, Executing Warrants, Apprehending Offenders, and the like; In which Caſes Conſtables and other Officers are neceſſary, both to preſerve the Peace, to Aſſiſt in ſearching Houſes, and in Executing the reſpective Warrants of the ſaid Juſtices of the Peace.

This, I ſay, made it abſolutely Neceſſary, to Eſtabliſh the ſame Method of Civil Juſtice in Scotland, as in England, viz. by Juſtices of the Peace, Conſtables, &c. Which at that Time was not in uſe in the whole Countrey.

It had indeed been formerly attempted in Scotland, and there were ſome Acts of Parliament then in Force, for the making Juſtices of the Peace in Scotland, as in England, particularly the 12th. Act of the firſt Parl. Carol. 2. anno 1661, and again by the 38th. Act of the ſame Parliament—; And theſe Acts are Recited again in the Proclamation for Erecting new Juſtices at this Time, which Proclamation leaving out the Names of the Perſons as Ʋſeleſs and Tedious, I have annexed in the Appendix No F (3).

Upon the Revolution, this Method of Governing by Juſtices, however uſeful in its kind, yet as having been Negligently or Ar⯑bitrarily made uſe of in the former Times, was laid aſide, and the Government of Scotland lay as it had uſually done, too much in the abſolute Diſpoſition of the Heretable Magiſtrates, ſuch as Sheriffs of Counties, Steuarts of Stewartries, and ſuch Right as the Superiori⯑ties and Uſages of Places gave to the Lairds; A Conſtitution not at all Calculated for the Liberty of Scotland, or the increaſe of the Happineſs of the People.

Upon the Settling the Cuſtoms and Exciſe, as above, it be⯑came, I ſay, neceſſary to reſtore the former Model of petty Juſtice, as per the Proclamation before Named, was done at this Time, and accordingly Juſtices of the Peace and Conſtables were Erected all over Scotland—; But this received another Interruption as a Conſequence of the Union, which put a ſtop to all the Civil Adminiſtration for a Time, as follows.

By the Nineteenth Article of the Union, the Affair of the Privy Council in Scotland was left thus.‘And that after the Ʋnion, the Queens Majeſty and Her Royal Succeſſors, may continue a Privy Council in Scotland, for preſerving of publick Peace and Order, until the Parliament of Great-Britain ſhall think fit to alter it, or Eſtabliſh any other effectual Method for that end.’

[27] As ſoon as the Parliament of Great-Britain met, and began to Enquire into the Matter, they found the very Nature of a Privy Council in Scotland, but eſpecially the Manner, of their Privy Coun⯑cils, ſo inconſiſtent with the Treaty of Union, and above all, with the Liberty of the Subject, that they effectually Diſſolved it, and Voted, that there ſhould be but one Privy Council in Britain.

I know this Act was oppoſed by ſeveral ſorts of People—, and Complaint was made after its Diſſolution, That Scotland was left without any Form of Government; ſome others Complained from another principle, of which I need ſay nothing here.

The Miniſters of State alſo oppoſed it a little, but no further, than as they thought Things were not Ripe in Scotland, for ſo ſud⯑den a Diſſolution of the Face of Power among them, and therefore would have had it continued for ſome certain limited Time only, and that with ſuch Limitations of Authority, as might be Regulated by Parliament—; But it was thought both Burdenſome and Dangerous, and indeed the Council in Scotland Acting Arbitrarily, had given the Lovers of Liberty ſuch an Averſion to them, that they could not hear of it; And ſo after ſome Struggle, the Coun⯑cil was Diſſolved by Act of Parliament.

This is mentioned here, becauſe of the Interruption given by the Accident of this Diſſolution, to the Courſe of petty Juſtice, as aforeſaid; for now all the Commiſſions of the Peace Ceaſed, being Granted by the ſaid Privy Council, and by the new Eſtabliſhment of the Council which was now to be called The Council of Great-Britain, and which was to have the ſame Powers, and no other, which the Council of England had before; The Commiſſions of the Peace could no more be Given by the Council, but by the Lord Chan⯑cellor; The Commiſſions therefore Terminated, and the new Method of Adminiſtration met with an Interruption of ſeveral Months, but was Reſtored again by a general Commiſſion of the Peace, under the Great Seal of Britain, Nominating Juſtices of the Peace thro' all Scotland, conform to the Method of England; This Com⯑miſſion bears Date the 13 Day of May Anno 1708. And on this Foot the whole Iſland now ſtands in one Form of Adminiſtration, as to petty Juſtice, and therefore this Act is called, An Act for rendring the Ʋnion more compleat; Which Act for the more parti⯑cular underſtanding this Affair, I have added in the Appendix, No. (H. 3.) But here it is to be obſerved, That tho' this Act gives Power to all the Juſtices of the Peace in Scotland, to Do, Ʋſe, and Exerciſe over all Perſons within their ſeveral Bounds, whatever doth appertain to the Office, and Trust of a Juſtice of Peace, by virtue of the Laws in England before the Ʋnion, in Relation to or for the Preſerva⯑tion of the Publick Peace; Yet it is provided, That in all the Seſſions of the Peace, they are preſcribed to the Methods of Tryal and Judgment, according to the Laws of Scotland.

This I Note here, becauſe ſome would have ſuggeſted, That this Erecting of Courts of petty Juſtice, For ſuch the ſeveral Seſſions of the Juſtices properly are in Scotland, & Giving them Authorities from the Laws [28] and Uſage of England, was an Invaſion of the Nineteenth Article of the Union—, but it was clear otherwiſe, for tho' in the Pub⯑lick Peace their Methods were the ſame as in England, yet it is ob⯑ſervable;

And this will more particularly appear, in Reading the very Na⯑ture and Form of the Commiſſions of the Peace Granted by the Queen, to the reſpective Counties or Shires in Scotland, One of which, viz. for the Shire of Edinburgh; For the more eſpecial un⯑derſtanding this Matter, I have annexed in the Appendix, part II. Numb. (G. 3.)

I might have entred here upon the Differences of Proceedings in the ſeveral new Eſtabliſhed Courts of Juſtice, as of the Exche⯑quer, and Admiralty, and the General and petty Seſſions of the Juſtices—; But theſe Things ſeem not the proper Subject of a Hiſtory, ſo I wave them here; The latter part alſo being very well performed to my hand, I mean, relating to the Proceedings and Office of a Juſtice of the Peace in Scotland, by the Ingenious Hand of Mr. William Forbes Advocate in Scotland; To which I refer the Reader.

There was an Alteration in Matters of Juſticiary, as it is called in Scotland—; That is, of Criminal Proceſs; For whereas this was wholly left to a certain Court, conſiſting of Five Judges, who were therefore called, The Lords of the Juſticiary, and that their Court was holden only at Edinburgh, it was conſidered, that this was too great an Interruption of Juſtice, and often times oc⯑caſioned the neglect of Proſecution, as well as made that Proſecu⯑tion both Difficult and Chargeable to the Subject, by which means Thefts, Violences, and ſometimes Murders eſcaped due Puniſhment, the Parliament Determined by the ſame Act of Parliament, as be⯑fore, That the Lords of the Juſticiary ſhould divide the Kingdom into Circuits, and that theſe Circuits ſhould be Twice a Year—, that thus Juſtice might, as in England, be carried Home to every Mans Door, and all the Former Inconveniencies might be for the future avoided.

The Manner, Methods, and other Circumſtances, ſuch as Time, Place, &c. Since they were nothing at all Altered, the Act of Par⯑liament referring wholly to a former Law, made in the 3d. Seſſion of the 2d. Parliament of King Charles II. came not under the Head [29] of Alterations which I am now upon, and conſequently need not be inſerted.

I might bring the Alterations of Elections of Members for Par⯑liament into this Head, as well of the Lords as Commons; But it requires nothing, but to repeat the very Articles of the Union again; And I think it is ſo expreſly ſet down there, that it needs no Comment at all, being nothing but meer Matter of Form; But as there required ſome Addition to the Manner of the Returning of Writs, and of the Managing Elections, you will find them in the ſame Act of Parliament laſt quoted, and printed in the Appendix as above—, all that Matter being fully determined in this Act—.

The Matter of the Exchequer Court now erected, needs no other Deſcription than this, That it is erected in the ſame Form, and proceeds by the ſame Method as in England, having Barons, a Re⯑membrancer, Treaſurer, and all the reſpective Clerks and Offices as in England.

The Firſt Barons were as follows,

The Admiralty Court in Scotland remained, and the Earl of Weemyſs, who was before Lord Admiral in Scotland, was now made Vice-Admiral, by Commiſſion under the Prince of Denmark Lord High Admiral of Britain, and was, at the ſame time, nominated a Member of the Princes Council in England.

The Inferior Courts of Judicature in the Admiralty remained as before, ſuffering no Alteration in Form, ſave that what related to the Publick Revenue, or the Claims of the Sovereign, began to be modelled as in England, agreeable to the 18th. and 19th. Articles of the Union.

Thus the Law in Scotland remained intire, the Proceſs in Com⯑mon Cauſes being the ſame, and the Alterations being conſined, as per the Treaty, to the Eſtabliſhed Methods of Scotland.

I come now to the Coyn; And tho' this has been a Thing of great Conſequence, yet it requires little more to be ſaid to it, than juſt that it ſuffered a general Revolution; And that all the former Coyns of Scotland, as well as the Foreign Species of Money which went current in Scotland, the Engliſh Money excepted, was Called in and Recoyned, the Engliſh Money being only to paſs current.

But there was a Difficulty which I have noted in the Minutes gave them ſome Trouble, viz: That the Engliſh Money, which went for one Penny in every Shilling Advance, ſhould be reduced to a Par, that the Loſs ſhould be made good by the Government, and yet the Engliſh not bring in great Quantities to Scotland, to be offered to the Mint at one Penny per Shilling, and immediately re⯑ceived again with an Allowance of the Difference: To prevent [30] this, that Contrivance was found out, to bring in all the Engliſh Money at one certain Day, and receive it out again with an Allow⯑ance for the Difference—; This occaſioned the Proclamation for the Alteration, that all the Money ſhould be paid in on a ſhort Day, and immediately returned with Notes for the Difference; This Proclamation, as it expreſſes the whole Scheme, I have added in the Appendix, No. I; Which, tho' it be a long Proclamation, yet, as it may be a Precedent in like Caſes, I have ſet down for general Information.

The ſeveral Proclamations for the gradual Calling in the Old Money, are too many to note here; It may ſuffice to hint, That, as the Foreign Money being brought in, which amounted to above 150000 Pounds Sterling; And this going into the Mint, the New Coyn began to Circulate very ſpeedily; And, at the Writing theſe Sheets, the whole Nation was full of New Money.

The ſeveral Denominations of Money before the Union in Scotland, I mean not of Old Obſolete Coyns, but ſuch as were now current, were as follows,

There were ſeveral Species of Scots Money that had been current, and of which ſeveral Remainders were to be found—; But the Quantities were ſo ſmall, that I do not place them among the current Coyn.

It is enough to ſay, that all ſorts were called in by the Treaty, and no Money made current by the Government, but the Engliſh or Britiſh Coyn.

I need not Record the Days and Times, when and how long every particular Species were permitted to paſs; 'Tis enough to ſay, the Prudence of the Government ſo ordered it, that the People felt no Miſs, or Want of the current Money; And the Thing was done ſo gradually, that the New Money was Circulating, before the Old was Called in.

This was done thus—; Firſt the Engliſh Money was reduced, as has been obſerved, by Proclamation—; Then the Foreign Money was brought in; And this being a much greater Quantity than was expected, the Mint immediately fell to Work with it—; And this, joyned to the Money brought down for the Equi⯑valent, furniſh'd above 200000 l. in Silver Money, beſides what Engliſh Money was in the Countrey before; So that the New Mo⯑ney was diſpers'd in every Corner of the Nation inſenſibly, and the Old went off gradually, without any Interruption to Buſineſs—; And at the Writing theſe Sheets, the laſt, viz. The Scots Milled Money was yet paſſing, but appointed to come into the Mint by a certain Day; There were ſeveral Proclamations for this, and ſeveral Days appointed; I have added only one in the Appen⯑dix, to let the Reader into the Method ſettled for this purpoſe, which terminated the Currency of the Scots Money to the 25th. of February 1707/8; But even that Time was lengthened afterwards, and the Scots Money ſuffered to paſs again till the latter end of September 1708—; And thus by Degrees the Engliſh Coyn pre⯑vailed, [32] and is now the only current Coyn of the Nation. This Proclamation is marked in the Appendix, No. K 3.

I cannot ſay ſo much for the New Regulations of Weights and Meaſures, in which, tho' appointed by the Union to be made the ſame, little Progreſs could be made at the Writing of theſe Ac⯑counts, ſave that the Publick Buſineſs of the Cuſtom-Houſe was all ſettled by the Weights and Meaſures of England; But Cuſtom had ſo inured the People to the former Weights and Meaſures, eſpecial⯑ly the Weights for their Retailing Goods, and the Meaſures for Corn, that it was impoſſible to bring the Change about ſo ſoon; Time alone can bring it to the Iſſue deſigned.

Nor is the reducing the Meaſures to an Uniform Standart ſo ab⯑ſolutely neceſſary, as that we ſhould think the Union Defective for want of it; Since the Meaſures, eſpecially that which we call Dry Mea⯑ſure, as of Corn and Fruit, is at this time various almoſt all over England—; As particularly in the North, the Boll remains a received Meaſure in Northumberland and Cumberland, in the Weſt, as in Cornwal and Devonſhire, the Buſhel is almoſt two Buſhels of the common Meaſure—; Even the Wincheſter Buſhel, which is the Standart of Meaſure in England, varies, and in ſome places it contains eight Gallons, in others nine Gallons, in ſome places they have one to the Score thrown into the Meaſure, in other places not—; Again, in Liquid Meaſure we have the Quart of two kinds for ſeveral Liquors, as the Wine Quart and the Wincheſter Quart, we have the Pottle and Gallon for dry Meaſure, the Pint and thence up to the Gallon of Liquid Meaſure; in Coals we have what is called the Chalder at Newcaſtle, and the Chalder at London, and the differ⯑ing Chalder in ſeveral differing parts—; At London the Chalder is 36 Buſhels, at Sandwich 32, at Lym 40, at Newcaſtle 70 Buſhels; So, tho' the Meaſures of Corn and Liquors ſhould have their Varia⯑tions in Scotland, according to the old Cuſtoms and Uſage of Towns, Counties, and Manners, yet this does not at all render the Union incompleat; Since the reducing the Weights and Meaſures to an equal Standart in the Publick Accounts, ſuch as in the Cuſtoms, Tolls, Exciſes, Publick Receipts and Payments, and the like, is as effectual an Equality as is needful; And indeed is as much as was intended by the Union, no Act of Parliament, Law, or Statute that can be made, being able to oblige the Countrey People in eve⯑ry place to leave off their wonted Calculations and Denominations of Things, which are frequently made upon the Foot of their An⯑cient Cuſtoms; For Example, as before, the Valuation of Lands, Tenor of Leaſes, the Rents, the Entails, Rent-Charges, Liferents, and Payments for, or out of Land Revenue, are all reckoned in Scotland by the Chalder, Boll, Firlot, and Lippy, and cannot be altered; Even Marriage Settlements and Entails are entered in this manner; And it would run Scotland into all manner of Con⯑fuſion, to oblige them at once to leave off all the Terms, by which their Lands are known Valued, Mortgaged, Entailed, Charged or Conveyed.

[33] I think we have thus gently touch'd at all the Alterations of Moment which were made in the Laws, Trade, Cuſtom and Con⯑ſtitution of Scotland, according to my Title; But leſt it may be thought, That theſe Alterations ly too much diſperſed up and down this Book, in the Relation of particular Caſes, I ſhall endea⯑vour to ſum them up in the following Abridgement.

Firſt, As to the Conſtitution, tho' laſt named—, I conceive it ſuffered ſome Alteration, tho' not, as was alledged by ſome, an intire Diſſolution—; It was not diſſolved, becauſe the Govern⯑ment by King and Parliament continued the ſame, viz. A Limit⯑ed Monarchy; It received no Diminution, but an Addition of Privileges and Liberties; And had the Scots thought ſit to have gone a little further, and made Proviſion for Transferring their Su⯑periorities, they might have at laſt come to an intire Enjoyment of that ſame Liberty that England is now ſo happy in—; How⯑ever, tho' the Conſtitution received no Diſſolution, yet it is ac⯑knowledged, that it ſuffered Alterations in ſeveral Articles, of which theſe are the principal.

This, I think, is the Sum of the principal Alterations in the Conſtitution of Scotland by the Union; In all which, except that of the Parliament, the Commons being reduced in Number, and the Lords by Repreſentative; I ſay, in all the reſt, England ſuffer⯑ed the ſame Alterations as Scotland, ſuch as diſſolving her Parlia⯑ment, her Name as a Kingdom, her Council, Great Offices, and Title of her Sovereign—; And all things began de novo in both Kingdoms, under the ſingle Denomination of Britain and Britiſh.

The ſecond Head of Alterations is that of the Laws; And this is ſo particularly entered into in the beginning of this very Part of my Work, that I need be but very ſhort.

All the reſt of the Laws of Scotland remained the ſame per the Union; The Circuits of the Lords of the Juſticiary I take alſo to be no Innovation at all, as what had formerly been practiſed.

I come now to Alterations of Trade; And theſe can receive but a very ſhort Deſcription here, becauſe the greateſt Alte⯑rations which happened in Trade, could not follow the Union ſo cloſs at the Heels, as the Time of the Writing theſe Sheets require to relate it; But ſuch as were immediately the Conſequence of the Union, were ſuch as theſe,

Theſe I call Alterations in the Laws of Trade; Beſides which, there were ſome particular Alterations which relate to the Draw⯑backs, Bounties, and Allowances on the Exportation, and for Encouragement of the Exportation of Fiſh, Corn, Pork, &c. Of which I need ſay nothing, having been very particular already in the Relation of the Debates upon thoſe Heads in Parliament.

The Conſequences of theſe Things upon Trade are at preſent few, but will neceſſarily be far greater hereafter—; The firſt viſible Conſequence was the Riſe and Fall of ſeveral kinds of Mer⯑chandizes, as the new Alterations, Prohibitions, or Importations of them happened, differing from what they were before.

As for Example, Wines, Brandy, and all kinds of Goods of the Growth of France, muſt of Courſe riſe in their Value, the further Import being prohibited; And this would have enrich'd a great many Families in Scotland, who had Quantities of theſe Goods on their Hands, had not the Difficulty of Enforcing theſe Prohibitions at firſt laid Trade open to Clandeſtine Importations, by which the Fair Trader was, as in ſuch Caſes always happens, a very great Sufferer.

Secondly, All the Goods of the Growth of the Engliſh Colonies, or which were to be had from England, being now Imported directly to Scotland, began to come as the Return of the Scots Manufactures—; Several Ships being laden from Scotland to Virginia and Barbadoes, the very firſt Year after the Union.

Another Conſequence of this Union in Trade, was the letting fall almoſt all the Woollen Manufactures, which had been erected in Scotland, and where they began to come to ſome Perfection in making Broad Cloth, Druggets, and Stuffs of all ſorts; But, upon the Opening the Engliſh Trade, they were immediately ſo Throng'd with Engliſh Goods of the ſame ſorts ſo much cheaper, that it ap⯑peared thoſe Things would die of Courſe.

Tho' indeed this ſeemed to be ſome Blow to their Trade, and particularly to the Imployment of their Poor, yet, at the ſame time, the Duties upon Linen from Scotland being taken off in Eng⯑land, made ſo great a Demand for Scots Linen more than uſual, that it ſeemed the Poor could want no Imployment; And ſeveral kinds of Linen being ſet to Work by Engliſh Men, which never be⯑fore were made, or at leaſt for Exportation in Scotland, ſuch as Sail-Cloths, Canvas, Damask, &c. It is thought, the Imployment of the Poor was not leſſened by this Alteration.

On the other Hand, the Lower and Courſer Manufactures in Scot⯑land, which were made of their own Wool, ſeemed to increaſe, and not only found a larger Vent in Scotland, but were bought up [37] by the Engliſh Merchants, who brought other Stuffs thither, and ſold in England; And theſe Manufactures are not unlikely to riſe to a conſiderable Height, ſuch as Stirling Serges, in England called Shaloons, Muſſelburgh Stuffs, and the like; And we find in England ſome Propoſals from the African Company, for the making Guinea Stuffs there, which perhaps may in time come to be very conſide⯑rable.

I might enter here into the Schemes and Projects, which have made much Noiſe in the World for Improvement of Fiſhing in Scot⯑land, and of Navigation and building Ships in Scotland; But as theſe things have yet made no Alterations in the Trade, and are but in Embrio at the Writing theſe Sheets, I cannot mingle them here as Matter of Hiſtory, but have touch'd them more at large in the Preface.

It remains only to ſpeak of the Alterations of the Cuſtoms—; And this would have required a long Table of the ſeveral Duties and Impoſt formerly paid in Scotland upon the Export and Import of Merchandizes—; But having already given an Account, That the whole Cuſtoms are ſettled upon the Engliſh Foot; And the Duties of all Kinds being too large to inſert here, and already Print⯑ed in the Book of Rates, Re-printed in Scotland, it would be a Vain Labour to recite the Particulars: And as to the Difference between the Duties on the Engliſh Foot, and the Duties as paid be⯑fore, it required the very ſame Recital of Particulars, the Length of which would be intolerable; And for this Reaſon, tho' I have re⯑ferred to ſome Schemes ſaid to be in the ſecond part of this Appen⯑dix, and which I received from the Cuſtom-Houſe in Scotland, yet when I came to find upon Examination, that the Tackſmen of the Cuſtoms in Scotland uſually compounded with the Merchants, and reduced the ſaid Cuſtoms to what Sum they pleaſed, I choſe to omit a Scheme, which, when put down, would give the Reader no certain Gueſs at the Thing, and conſequently ſignify no⯑thing.

If any Man ſhould enquire, Whether, upon the whole of theſe Alterations in Trade, Scotland is Gainer or Loſer, I muſt ac⯑knowledge, it is a difficult Point to reſolve at ſo ſmall a Di⯑ſtance from the Finiſhing the Union; But, as to the Profit of the Trade between Scotland and England in particular, as it ap⯑pears at the Writing theſe Sheets, I ſhall leave the Impartial Ob⯑ſerver to gueſs by theſe Two Particulars.

FINIS.

Appendix B.2 APPENDIX. Part II.

[]

Appendix B.2.1 No A x.

Appendix B.2.1.1 Act anent Prayer for the Parliament, anent the UNION.
At Edinburgh the Fourteenth day of October, One Thouſand ſeven Hundred and ſix years.

THe Commiſſion of the General Aſſembly taking to their moſt ſerious Conſideration, the great and weighty Affairs now in Agitation, ſpecially the Treaty betwixt the two Kingdoms; And how much theſe call to all to be Earneſt with GOD in ſincere and fervent Supplications for His Direction and Aſſiſtance to the High Court of Parliament and all others Concerned, to bring them to a Happy Iſſue, for His own Glory and the Good of this Church and Kingdom. Do therefore Reſolve and Declare, that in the firſt place, they for themſeles and for all that ſhall be pleaſed to joyn with them, will Keep and Obſerve Friday next the 18th Inſtant at 10 a-Clock in this Place, for a Day of ſerious Prayer and Supplication to GOD, for his Divine Preſence and Aſſiſtance for the End foreſaid; And in the next Place, do moſt earneſtly Recommend to all the Lords Miniſters and People, that they alſo make Application to GOD upon all proper Occaſions for the ſaid Ends and Bleſſings; And that this Act be forth⯑with ſent and Tranſmitted to all Presbyteries for their Concurrence by themſelves, and by ſtirring up their People to the Duty above Re⯑commended.

And on the 22th of the ſame Month, this Affair being moved again, the following Act of the Commiſſion was made; as per the Hiſtory Fol. 27. Of the Treaty in Scotland.

[2]
Appendix B.2.1.1 ACT Of the Commiſſion of the General Aſſembly, Concerning Solemn Prayer and Humiliation.
At Edinburgh, The 22d of October, 1706.

THE Commiſſion of the General Aſſembly of this National Church, having under their moſt ſerious Conſideration; That the great and weighty Affair of a Treaty of Union, be⯑tween the two Nations, is now laid before the Parliament; And how much the Reſult of their Determinations, with Reſpect to the ſame, may prove of the higheſt Conſequence; both to this Church and Nation in all their Intereſts Civil and Religious; And that both to the preſent, and ſucceeding Generations; Conſidering likewiſe, that the abounding and continued Encreaſe of Impiety, Popery and Prophanneſs through the Land, the abuſe of the Privileges and Mer⯑cies, we have enjoyed, and hitherto, through the Infinite Goodneſs, and Long-ſuffering Patience of GOD do ſtill enjoy, our Ʋnthank⯑fulneſs for, and Ʋnfruitfulneſs, under the Goſpel; Our Formality, Decay of Zeal and ſlackneſs in Promoving according to our Stations, the much called for Work, of Sincere Perſonal and National Refor⯑mation; May juſtly provoke the Righteous and Holy GOD, to re⯑move our Bleſſings, to ſmite us in his hot Diſpleaſure; and for our Sins to leave our Rulers in this vaſtly important, and difficult Exigence wherein there is ſo much need of clear and unprejudicated Light, and of Harmony, and Oneneſs in the LORD: They have therefore judg⯑ed it incumbent upon them to excite themſelves, and all the People of GOD in the Land to much Seriouſneſs, Diligence, and continued Fervour in applying to the Throne of Grace, upon ſo great and mo⯑mentuous Affairs: And they do hereby moſt ſeriouſly and earneſtly Recommend to all the Presbytries within this National Church; To appoint, ſet a part, and obſerve a Day, for ſolemn publick Prayer, Faſting and Humiliation, in all the Curches within their Reſpective Bounds, as ſoon as poſſible; For which End the Moderators of the ſeveral Presbytries are to call them pro re nata, as ſoon as this comes to their Hand; And farder, that Presbytries continue to keep among themſelves, and Miniſters with their Seſſions, Dyets, for perſiſting inſtant in prayer to GOD, and for preſerving upon their own Spirits, and of all the Lords People, a due Concern about their proper duty with Reſpect unto the Church of CHRIST, and the great Affairs now in Agitarion.

[3] And the Commiſſion doth moſt earneſtly beſeech and obteſt in the Bowels of our Lord Jeſus Chriſt, all their Brethren of the Miniſtry, and all the Lords People, that they ſtir up themſelves and one ano⯑ther to humble ſincere and penitent Confeſſions of their own Sins, and the Sins of the Land, and to unfeigned Reſolutiosn to Amend⯑ment, with active and zealous Endeavours after thorow Reformation reſpectively in their Places; Together alſo with ardent Supplications to the Father of Mercies in Behalf of the whole Church of Chriſt over the World; And particularly of the Church in this Land, that he may be pleaſed to take away all Iniquity, to turn our Hearts unto him, to return unto us and abide with us in Mercy, and graciouſly to pre⯑ſerve, eſtabliſh and perfect what he has wrought for us: That our moſt Gracious Queen may be bleſſed and preſerved in her Perſon, and guided of God in her Government and Councils, and that there may be a due thankful Acknowledgement of the great and wonderful Things God hath done, in giving ſuch Succeſs to the Forces of Her Majeſty and theſe of her Allies, againſt the great Troubler of the Peace of Europe, and Perſecutor of the Church and People of God, and that God may continue his Kindneſs in proſpering Her Majeſtie's, and theſe of Her Allie's Forces both by Sea and Land againſt the com⯑mon Enemy; And that all the Conſultations and Determinations of the Eſtates of Parliament, eſpecially with Reſpect to an Ʋnion with England may be influenced and directed by divine Wiſdom and Conduct in the Fear of the Lord, to his Glory, the good of Religion, and this National Church eſtabliſhed by Law in Doctrine, Worſhip, Diſcipline and Government, and the Well-fare, Comfort and Satisfacti⯑on of the People of this Nation, and the Peace and Proſperity of both Kingdoms, that Iniquity may ſtop its Mouth, that all ſinful Conten⯑tion and Diſcord may ceaſe; And that Truth, Righteouſneſs, and Peace may flouriſh and be perpetuated in this Church and Land: And its ordained that thir Preſents be read in the Paroch Churches. This Act being voted was unanimouſly approven by the ſaid Commiſſion.

Extracted by Me JO. DƲNDAS Cls. Eccl.

Appendix B.2.2 No B x.

Appendix B.2.2.1 To His Grace the Duke of Queensberry, Her Majeſties High Commiſſioner; And to the Right Honourable, the Eſtates of Parliament: The Humble Addreſs and Petition of the Commiſſion of the General Aſſembly of the Church of SCOTLAND,
HUMBLY SHEWETH,

THAT where We are called by Our Great LORD and MASTER, and Entruſted by the late General Aſſembly of this Church, [4] to Advert to the Intereſt and Concerns of this Church on all Oc⯑caſions that may offer, for promoving of its Good and Advantage; And the preventing of any Hurt or Prejudice it may ſuffer. And where⯑as 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 King⯑dom, as now by Law Eſtabliſhed. Likeas, Her Majeſty, in Her Gracious Letter to the Parliament, hath been pleaſed on the preſent Occaſion, to renew the Aſſurances Her Majeſty formerly gave of Her Reſolution to maintain the Government of the Church as by Law Eſtabliſhed; Therefore, and in Regard there can be nothing more Important to the Glory of GOD, and to the perpetual Peace and Happineſs of this Kingdom; nor agreeable to Her Majeſties moſt gracious Pleaſure; nor more becoming the Wiſdom and Faithfulneſs of this High and Honourable Court of Parliament; We do moſt humbly and earneſtly Supplicate and Beſeech your Grace and Lord⯑ſhips, That you may be pleaſed to Eſtabliſh and Confirm the true Proteſtant Religion, and all our Sacred and Religious Concerns, in the moſt Effectual Manner, for their Unalterable Security to the Peo⯑ple of this Land, and all ſucceeding Generations. And, Eſpecially, that Her Majeſty, with Advice and Conſent of the Eſtates of Parlia⯑ment, would be pleaſed to Ratify and Confirm the fifth Act of the firſt Parliament of K. W. and Q. M. Intituled, Act Ratifying the Confeſſion of Faith, and Settlement of the Presbyterian Church Govern⯑ment; And the other Acts of Parliament relating thereto, in Proſe⯑cution of the Declaration of the Eſtates of this Kingdom, containing the Claim of Right, of the Date the 11th of April 1689: Expreſly Providing and Declaring, That the foreſaid true Proteſtant Religion, contained in the above mentioned Confeſſion of Faith, with the Purity of Worſhip preſently in Uſe in this Church, and the Presby⯑terian Church Government and Diſcipline; That is to ſay, The Government of the Church, by Kirk-Seſſions, Presbytries, Provinci⯑al Synods, and General Aſſemblies, which We are perſwaded are agreeable to the Word of GOD, and founded thereon, and which are Eſtabliſhed by the foreſaid Acts of Parliament, purſuant to the Claim of Right, ſhall Remain and Continue Unalterably; And that the ſaid Presbyterian Government, ſhall be the only Government of the Church within this Kingdom; And that this Proviſion ſhall be held and obſerved in all time coming, as a Fundamental Article, and Eſſential Condition of any Treaty or Union that ſhall be con⯑cluded betwixt the two Kingdoms; And that it be further Settled, with all the Security that your Grace and the Eſtates of Parliament ſhall judge to be Sufficient.

And your Petitioners Do and ſhall ever Pray, That GOD only Wiſe, may guide your Grace and the Eſtates of Parliament, not on⯑ly to the Full and Effectual Eſtabliſhment of our foreſaid Religion and [5] Church Government, and the Concerns thereof; But likewiſe, in this Whole Great and Weighty Affair of the depending Treaty, That the Reſult and Iſſue thereof may be the Glory of GOD, the Good and Advantage of the People of this Nation, in all Things, both Religi⯑ous and Civil, and for continuing of Peace and Amity in this whole Iſland; And preſerving under the Divine Protection, the Proteſtant Intereſt at Home and Abroad, againſt all the Contrivances of its reſt⯑leſs Enemies.

Signed in Preſence, in Name, and at the Appointment of the Commiſſion of the General Aſſembly; By Sic Subſcribitur, WILL: WISHEART, Moderator.

Appendix B.2.3 No C x.

Appendix B.2.3.1 PROCLAMATION Againſt Tumults and Rabbles.

ANNE By the Grace of GOD, Queen of Great-Britain, France, and Ireland, Defender of the Faith: To Our Lyon King at Arms, and his Brethren Heraulds, Macers of Our Privy Coun⯑cil, Purſevants, Meſſengers at Arms, Our Sheriffs in that part, con⯑junctly and ſeverally, ſpecially Conſtitute Greeting. Forasmuchas, notwithſtanding that the raiſing of Tumults be a moſt dangerous, per⯑nicious, and unboundable Practice, contrary to the very Being and Conſtitution of Government, and Deſtructive of the chief Ends thereof, The Safety and Security of Mens Lives and Fortunes; And that by ſeveral Acts of Parliament, ſuch as Ja. 2d Par. 14. Cap. 77. And Jac. 4th Par. 3d Cap 34. It is Statute that there be no Commo⯑tion, nor riſing of Commons in Burrows, in hindering of the Common Law; And that if any does in the contrary, and Knowledge or Tent may be gotten thereof; Their Goods be Confiſcate to the King, and their Lives be at the King's Will: As alſo, by the Act of Parliament Ja. 6th, Par. 18. Cap. 11. It is Statute, That no Perſon within Burgh take upon Hand, under whatſomever pretext, to convocate, without the Knowledge and Licence of the Magiſtrates, under the Pain to be puniſhed in their Body and Goods, with all Rigour. As like⯑ways, that the haill Inhabitants of the ſaid Burgh readily Aſſiſt and Concurr with the Magiſtrates for ſettling and puniſhing the ſaids Tu⯑mults, under the pain of being Foſterers and Maintainers thereof. Like⯑as, by the Act of Parliament, Ja. 6th. Par. 17. Cap. 4th. It is Statute, that whatſoever Perſon Invades or Purſues any of his Highneſs Seſſion, Secret Council, or any of his Highneſs Officiars: It being verified and Tryed, That they were purſued and Invaded for doing of his Highneſs Service, ſhall be puniſhed to the Death: There hath hap⯑pened within theſe Few Days, and particularly on the Twenty Third Inſtant, and near to the Parliament-Houſe, and in the Parliament-Cloſs, [6] even the Time of Sitting, and at the Riſing of the High and Honourable Court of Parliament, where Our High Commiſſioner was preſent amongſt them, Moſt Diſorderly and Inſolent Convocations, and gathering of Commons, filling the Streets with Clamour and Confuſion, and Inſulting not only peaceable Perſons; But alſo ſome of the Members of Our ſaid High and Honourable Court of Parliament, preſuming to Threaten and Invade them in their very Dwelling-Houſes, by a moſt villanous and outragious Mobb, which all Per⯑ſons of Juſtice, Reaſon and Honour ought to deteſt, and endeavour to Suppreſs and Prevent in the ſevereſt & ſtricteſt Manner. Therefore, we in the juſt Reſentment of ſuch high Indignities; & to prevent the like in all Time coming, have thought fit, with Advice of the Lords of Our Privy Council; To ordain the Magiſtrates of Edinburgh to con⯑tinue their Diligence, and make ſtrict Inquirie and Search, and to cauſe Apprehend all the Authors, Abetters, Acceſſaries, or Aſſiſtants of the foreſaids Convocations, Mobbs and Tumults, to the Effect they may be brought to condign Puniſhment; Declaring for that End, That whoſoever ſhall diſcover any of the ſaids Authors, or Acceſſaries of the ſaids Tumults, ſhall not only be himſelf Indemnified, But have a due ſteward for ſo good Service. And further, We with Advice foreſaid, Ordain the Magiſtrates of Edinburgh, to call all the Deacons of Crafts, and Maſters of their Incorporations, and all O⯑thers their Houſholders & Inhabitants, and Oblige them for the good Behaviour of their Apprentices, Servants and Domeſticks, in ſuch manner as the Laws and Cuſtoms of the Burgh do allow. As alſo, that they call the Regents and Maſters of the Colledge of Edinburgh, and enjoyn them ſtrictly, that for hereafter they keep their Schollars in good Order, and be careful of their quiet and peaceable Behavi⯑our: And We Ordain all the Inhabitants of the ſaid Burgh, readi⯑ly to Aſſiſt and Concurr with the Magiſtrates, for repreſſing and pu⯑niſhing all Tumults, under the foreſaid Pain of Law: And farder for preventing the like wicked Inſolence in Time coming; We with Advice foreſaid, hereby declare, That in Caſe and when⯑ever any ſuch Diſorderly Convocation or Tumult ſhal appear, or begin to appear for hereafter; and that thereupon Intimation ſhal be made by the Magiſtrates, to all and ſundry, to withdraw and retire to their reſpective Houſes, Shops and Imployments; What⯑ever Apprentice, Servant, Journey-man, Foot-man, or any other Perſon, ſhall diſobey and be found upon the Streets, ſhall be repute and held as Foſterers and Maintainers of the ſaids Tumults, and puniſhed accordingly. And it is farder Ordered, that after ſuch In⯑timation made to all Perſons to retire to their Houſes, and clear the Streets; Whoever ſhall be found thereafter Diſobedient, and to continue upon the Streets, may be attacked and Seized by the Town Guard within the Town of Edinburgh, and alſe by ſuch of our For⯑ces, as upon ſuch Occaſions have been, or ſhall be called for, and or⯑dered by our Privy Council to March in, and be aſſiſtant for the ſuppreſſing and diſſiparing of ſuch wicked Tumults and Diſorders and that with all Manner of Force, and by all ſuch means as ſhall be [7] neceſſary for that Effect. And We with Advice foreſaid, do farder Declare, That if any Slaughter, Mutilation, Wounds, Blood or Bruiſes ſhall happen to be committed by the foreſaids Guards, or any of our Forces that ſhall be Ordered for their Aſſiſtance, or by their Officers in Obedience to theſe our Orders, in Suppreſſing and Diſſi⯑pating of the ſaids Tumults, and clearing the Streets thereof. The Actors and Authors thereof, are hereby Declared to be Indemnified for ever; and We diſcharge all Purſute Civil or Criminal to be in⯑tented againſt them on the foreſaid Account in all Time coming, as having acted and done Nothing but what was their Duty; And in Caſe any of Our People ſhall dare to be ſo preſumptuous, after Publication of the Premiſſes, to aſſemble or continue in Arms; We hereby require and Command the Sheriffs of our ſeveral Shires, Stew⯑arts of Stewartries, Baillies of Regalitys and Barronies, Magiſtrates of Burghs, and other Officiars of our Law, Officers of Our Forces, and Troops under their Command, to paſs upon, diſperſe and ſub⯑due the ſaid Convocations by open Force, and all Manner of Vio⯑lence, as Enemies and open Rebels to Us and our Government; And in Caſe any Slaughter, Blood, Bruiſes, or Mutilation ſhall happen to be done, and committed by our ſaid Sheriffs, and Officers of our Forces, and other Magiſtrates foreſaid, or Perſons under their Com⯑mand; We with Advice foreſaid, do hereby fully Remitt, pardon and indemnifie the ſame, and diſcharge the Proſecution thereof Civilly or criminally in all Time Coming. OUR WILL IS HEREFORE, and We charge you, that ye paſs to the Mercat-Croſs of Edinburgh, and Mercat Croſſes of Drumfreis, Lanerk and Glaſgow, and other Places needful, and there make Publication hereof, by open Procla⯑mation of the Premiſſes, that none may pretend Ignorance. And or⯑dains theſe Preſents to be printed, and our Solicitors to ſend Copies hereof to the Magiſtrates of the Reſpective Burghs above-mentioned for that Effect. Extracted forth of the Records of Parliament, by

JA. MƲRRAY, Cls. Reg.
Given under Our Signet at Edinburgh, the Twenty fourth Day of October, and of Our Reign the Fifth Year 1706
Per Actum Dominorum ſecreti Concilii.

Appendix B.2.4 No D x.

[8]
Appendix B.2.4.1 To His Grace, Her Majeſty's High Com⯑miſſioner, and the Right Honourable, the Eſtates of Parliament, The ADDRESS of the Commiſſioners to the General Con⯑vention of the ROYAL BURROWS of this Ancient King⯑dom, Conveened the 29th of October laſt, upon the Great Concern of the Union, Propoſed betwixt Scotland and England, for Concerting ſuch Meaſures, as ſhould be eſteemed Proper for Them to take, with Relation to Their TRADE, and other Concerns.
HUMBLY SHEWETH,

THAT as by the CLAIM OF RIGHT, it is the Privilege of all Subjects to Petition: So at this Time, being moſtly Impow⯑ered by Our CONSTITƲENTS; and knowing the SENTI⯑MENTS of the PEOPLE We Repreſent: It is Our Indiſpenſible DUTY, to Signifie to Your Grace, and the Honourable Eſtates of Parliament. That as We are not againſt an Honourable and Safe U⯑nion with England, Conſiſting with the BEING OF THIS KING⯑DOM, and PARLIAMENT thereof: Without which, We con⯑ceive neither Our RELIGION, nor Our CIVIL INTERESTS and TRADE, as We now, by LAW, Enjoy them, can be Secured to Us, and Our Poſterity, far leſs can We expect to have the Condition of the PEOPLE of SCOTLAND, with Relation to theſe great Con⯑cerns, made Better and Improven, without a SCOTS PARLIA⯑MENT.

AND, Seing by the Articles of Union, now under the Conſiderati⯑on of the Honourable Eſtates of Parliament, It is agreed, That SCOT⯑LAND 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 Suppreſt, Our PARLIAMENTS Extin⯑guiſhed; and in Conſequence, Our RELIGION, CHURCH-GO⯑VERNMENT, 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-Para⯑liament: Wherein, the Mean Repreſentation allowed for SCOT⯑LAND, can never Signifie in Securing to us the INTEREST Reſer⯑ved 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; Conſide⯑ring, That the Trade Propoſed is Uncertain, Involved, and wholly [9] Precarious: Eſpecially: when Regulate as to Export and Import by the Laws of England, and under the ſame Prohibitions and Reſtricti⯑ons, Cuſtoms, and Duties. And conſidering, That the moſt conſi⯑derable 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 Ʋnion, Subject to ſuch Alterations, as the Parliament of Great-Britain ſhall think fit.

We therefore Supplicate your Grace and the Honourable Estates of Parliament; and do aſſuredly Expect, that ye will not con⯑clude ſuch an Incorporate Ʋnion, as is contained in the Articles Propoſed; But that ye will Support and Maintain the TRƲE REFORMED PROTESTANT RELIGION and CHƲRCH GOVERNMENT, as by Law Eſtabliſhed The SOVEREIG⯑NITY and INDEPENDENCY of this CROWN and KING⯑DOM, and the RIGHTS and PRIVILEGES of PARLIA⯑MENT, Which has been Generouſly aſſerted by you, in the (left blank) Seſſion of this preſent Parliament: And do further Pray, that effectual Means may be uſed for Defeating the De⯑ſigns and Attempts of all Popiſh Pretenders whatſomever, to the Succeſſion of this CROWN and KINGDOM; and for Securing this NATION against all the ATTEMPTS and INCROACHMENTS that may be made by any Perſons whatſomever, upon the SOVEREIGNITY, RELIGION, LAWS, LIBERTIES, TRADE and QƲIET of the ſame. And We promiſe to Maintain with Our Lives and Fortunes all theſe valuable Things, in Oppoſition to all POPISH and other Enemies whatſomever, according to our LAWS, and CLAIM OF RIGHT.

Signed by ORDER, and in PRESENCE of the Convention, by Sam. Mclellan Preſes.

Appendix B.2.5 No E x.

Appendix B.2.5.1 THeſe are to Notifie to all Concerned, what are our Reaſons for, and Deſigns in the Burning of the Printed Articles of the Propoſed Ʋnion with England, with the Names of the Scots Commiſſio⯑ners, Subſcribers thereof; together with the Minutes of the whole Treaty betwixt them and the Engliſh Commiſſioners thereanent.

WE have herein no Deſign againſt Her Majeſty, nor againſt England, or any Engliſhman; neither againſt Our preſent Parliament, in their Acts or Actings, for the Intereſt, Safety and Sovereignity of this Our Native and Ancient NATION; But to Teſtifie our Diſſent from, Diſcontent with, and Proteſtation againſt [10] the Twenty five Articles of the ſaid Union, Subſcribed by the fore⯑ſaid Commiſſioners, as being Inconſiſtent with, and altogether Pre⯑judicial to, and utterly Deſtructive of this NATION's Independency, Grown-Rights, and Our Conſtitute Laws, both Sacred and Civil. We ſhall not here Condeſcend upon the particular Prejudices, that do, and will redound to this Nation, if the ſaid Ʋnion ſhould be car⯑ried on, according to the Printed Articles: But referrs the Reader to the Variety of Addreſſes, given in to the preſent Parliament by all Ranks, from almoſt all Corners of this Nation, againſt the ſaid Ʋnion: Only We muſt ſay and profeſs, That the Commiſſioners for this Nation, have been either Simple, Ignorant, or Treacherous if not all Three; when the Minutes of the Treaty betwixt the Com⯑miſſioners of both Kingdoms are duely Conſidered; And when we compare their Daſtardly Tieldings unto the Demands and Propoſals of the Engliſh Commiſſioners; who, on the contrair, have Valiantly Acquit themſelves for the Intereſt and Safety of their Nation.

We acknowledge it is in the Power of the preſent Parliament, to give Remiſſions to the Subſcribers of the foreſaid Articles; and we heartily wiſh for a good Agreement amongſt all the Members of the Parliament, ſo as it may tend to the Safety and Preſervation of both CHURCH and STATE, with all the Privileges belonging thereto, within the Kingdom of SCOTLAND.

But if the Subſcribers of the foreſaid Treaty and Union, with their Aſſociats in Parliament, ſhall preſume to carry on the ſaid Ʋni⯑on, by a ſupream Power, over the Belly of the Generality of this Nation: Then, and in that Caſe, as we judge, that the Conſent of the Generality of the ſame, can only Diveſt them of their Sacred and Civil Libertys, Purchaſed and Maintained by our ANCESTORS with their Blood: So we proteſt, whatever Ratification of the foreſaid Ʋnion may paſs in Parliament, contrair to our Fundamental Laws, Liberties, and Privileges, concerning Church and State, may not be binding upon the Nation, now or at any Time to come: And par⯑ticularly we proteſt againſt the Approbation of the firſt Article of the ſaid Ʋnion, before the Privileges of this Nation, contain'd in the other Articles had been adjuſted and ſecured: And ſo we ear⯑neſtly Require, that the Repreſentatives in Parliament, who are for Our Nation's Privileges, would give timeous Warning to all the Corners of the Kingdom; That we and our Poſterity become not Tributary and Bond-ſlaves to our Neighbours, without acquiting our ſelves, as becomes Men and Chriſtians: And we are Confident, that the Souldiers now in Martial Power, have ſo much of the Spi⯑rits of Scots men; that they are not ambitions to be Diſpoſed of, at the pleaſure of another Nation: And we hereby Declare, that we have no Deſign againſt them in this Matter.

Appendix B.2.6 No F x.

[11]
Appendix B.2.6.1 OVERTURE For an Act for Security of the Church.

OƲR SOƲEREIGN LADY, and the Eſtates of Parliament, Conſidering, That by the late Act of Parliament, For a Trea⯑ty with England for an Ʋnion 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 neceſſa⯑ry, That the true proteſtant Religion, as preſently profeſſed within this Kingdom, with the Worſhip, Diſcipline and Government of this Church, ſhould be Effectually and Ʋnalterably ſecured; Therefore, Her Majeſty, with Advice & 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 con⯑tinue without any Alteration to the People of this Land in all ſucceed⯑ing Generations; and more eſpecially, Her Majeſty with Advice and Conſent foreſaid, Ratifies, Approves and for ever Confirms the 5th Act of the 1. Parliament K. W. and Q. M. Intituled, Act ratifying the Confeſſion of Faith, and ſettling Presbyterian Church Government, with the ha [...]ll other Acts of Parliament Relating thereto, in Proſecu⯑tion of the Declaration of the Eſtates of this Kingdom, containing the Claim of Right, bearing date the 11th of April 1689. And Her Ma⯑jeſty, with Advice and Conſent foreſaid, expreſly Provides and De⯑clares, That the foreſaid True Protestant Religion, contained in the above mentioned Confeſſion of Faith, with the Form and Purity of Worſhip preſently in Ʋſe within this Church, and its Presbyterian Church Government and Diſcipline, That is to ſay, The Govern⯑ment of the Church by Kirk-Seſſions, Presbytries, Provincial-Synods and General-Aſſemblys, all eſtabliſhed by the foreſaid Acts of Parlia⯑ment, Purſuant to the Claim of Right, ſhall remain and continue un⯑alterable; 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 Reli⯑gion, and of the Worſhip, Diſcipline and Government of this Church as above eſtabliſhed, Her Majeſty, with Advice and Conſent foreſaid, Statutes and Ordains, That, in all Time coming, no Profeſſors, Principals, Regents, Maſters or others bearing Office in any Ʋni⯑verſity, Colledge 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 Man⯑ner 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 [12] Confeſſion of their Faith, and that they will practiſe and conform themſelves to the Worſhip preſently in Ʋſe in this Church, and ſubmit themſelves to the Government and Diſcipline thereof, and never endeavour directly or indirectly the Prejudice or Subverſion of the ſame, and that before the reſpective Presbytries of their Bounds by whatſomever Gift, Preſentation or Proviſion, they may be thereto provided. And further, Her Majeſty, with Advice foreſaid expreſly Declares and Statutes, That none of the Subjects of this Kingdom ſhall be lyable to, but all and every one of them for ever free of any Oath, Teſt or Subſcription within this Kingdom, con⯑trary to or Inconſiſtent with the foreſaid 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 Ma⯑jeſty (whom GOD long preſerve) The Sovereign ſucceeding to Her in the Royal Government of this Kingdom, ſhall in all Time coming, at His or Her Acceſſion to the Crown, Swear and Subſcribe, that they ſhall Maintain and Preſerve the foreſaid Settlement of the True Proteſtant Religion, with the Government, Worſhip and Diſcipline of this Church as above eſtabliſhed, inviolably, 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 or Ʋnion to be Concluded betwixt the two Kingdoms, with⯑out any Alteration thereof, or Derogation thereto in any Sort for ever. 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 or Ʋnion betwixt the two Kingdoms, and that the ſame ſhall be there ex⯑preſly Declared to be a Fundamental and Eſſential Condition of the ſaid Treaty or Ʋnion in all Time coming.

Appendix B.2.7 No G x.

[13]
Appendix B.2.7.1 Unto His Grace, Her Majeſties High Commiſſioner, and the Right Honourable the Eſtate of Parliament. The Humble Repreſentation and Petition, Of the Commiſſion of the General As⯑ſembly of this National Church.
Agreed to in the Commiſſion. November. 8 1706.
SHEWETH,

THat beſide the general Addreſs already made by us, for ſecuring the Doctrine, Worſhip, Diſcipline and Government of this Church, and now under Your Conſideration, which withall Gratitude we acknowledge; There are ſome Particulars which in Purſuance of the Deſign of our ſaid Addreſs, we do with all Humi⯑lity lay before Your Grace and Lordſhips.

  • I. That the Sacramental Teſt being the Condition of acceſs to Places of Truſt, and to Benefites from the Crown, All of our Com⯑munion muſt be debarred from the ſame, if not in Scotland, Yet through the reſt of the Dominion of Britain, which may prove of moſt dangerous Conſequence to this Church.
  • II. That this Church and Nation may be expoſed to the further Danger of new Oaths from the Parliament of Britain, unleſs it be provided that no Oath, Bond or Teſt, of any Kind, ſhall be requi⯑red of any Miniſter or Member of the Church of Scotland, which are inconſiſtent with the known Principles of this Church.
  • III. There being no Proviſion in the Treaty of Ʋnion, for ſecu⯑ring of this Church by a Coronation Oath, That therefore in the Co⯑ronation Oath to be taken by the Sovereigns of Great-Britain, they be engaged to Maintain the Doctrine, Worſhip, Diſcipline and Go⯑vernment of this Church, and the Rights and Privileges thereof, as now by Law eſtabliſhed.
  • IV. That in Caſe the propoſed Union be Concluded, the Church will ſuffer Prejudice, unleſs there be a Commiſſion for Plantation of [14] Kirks and Valuation of Teinds, and making up the Regiſters of that Court which were Burnt, and a Judicatory in Scotland for Redreſſing Grievances, and Judging Cauſes which formerly were Judged by the Privy Council, ſuch as the Growth of Popery, and other Irregulari⯑ties, and with which Judicature, the Church may correſpond anent Faſts and Thankſgivings.
  • V. Likewiſe we do humbly Repreſent, That in the Second Part of the Oath of Abjuration in Favours of the Succeſſion in the Prote⯑ſtant Line, there is Reference made to ſome Acts of the Engliſh Parli⯑ament, which every one in this Nation who may be Obliged to take the ſaid Oath, may not ſo well know, and therefore cannot Swear with Judgment. As alſo, there ſeems to us, ſome Qualifications re⯑quired in the Succeſſor to the Crown, which are not ſuitable to our Principles.
  • VI. And in the laſt Place, In Caſe this propoſed Treaty of Union ſhall be concluded, This Nation will be ſubjected in its Civil Intereſts, to a Britiſh Parliament; Wherein Twenty ſix Prelates are to be Conſtituent Members and Legiſlators. And leſt our Silence ſhould be Conſtructed to Import our Conſent to, or Approbation of the Civil Places and Power of Church Men; We crave Leave in all Humility, and due Reſpect to your Grace and Honourable Eſtates of Parliament, to Repreſent, that its Contrary to our known Prin⯑ciples and Covenants, That any Church Man ſhould bear civil Offi⯑ces, or have Power in the Common Wealth.

Theſe Things we humbly beſeech Your Grace and Lordſhips to Conſider, and provide ſuitable Remedies thereto. And We ſhall Pray that the only wiſe God may ſo Direct and Guide Your Grace and Lordſhips in theſe, and all other Matters that ly before You; That the Reſult of Your Conſultations may be the Glory of God, the Advantage of Religion, the Peace and Comfort of Her Majeſty, (whoſe long and Proſperous Reign we heartily Pray for) The Pre⯑ſervation of Peace and Truth in both Kingdoms, and the Welfare of this Church and Nation in Particular, the Satisfaction of all who truly Love and Fear the Lord therein, the Peace of your own Con⯑ſciences, and your Comfort in the Day of Your Accounts.

Signed in Name, in Preſence, and at the Appointment of the foreſaid Commiſſion of the General Aſſembly, By WILL, WISHART Moderator.

Appendix B.2.8 No H x.

[15]
Appendix B.2.8.1 Reaſons given in to Mr. William Wiſhart Moderator of the Commis⯑ſion of the late General Aſſembly of the Church of SCOTLAND, Againſt the Repreſentation and Petition.

AT Edinburgh the twelfth Day of November, One Thouſand Se⯑ven Hundred and ſix Years; By the under Subſcribing Noble⯑men and Gentlemen, Elders in the ſaid Commiſſion, Reaſons for Disſent Entered, and Proteſtation taken by them upon the 7th Day of the ſaid Moneth, in the Meeting of the Commiſſion againſt an Ad⯑dreſs propoſed to be made by the Commiſſion upon the Grounds Contained in ſix Articles to the High Court of Parliament; Which Articles were by ſeveral Members of the Commiſſion urged to be put to the Vote for Approbation in the Form and Terms follow⯑ing.

The Articles are as follows.

  • 1. That the Sacramental Teſt being the Condition of Acceſs to Places of Truſt, and to Benefites from the Crown, All of our Com⯑munion muſt be Debarred from the ſame, if not in Scotland, yet through the Reſt of the Dominion of Britain, which may prove of moſt dangerous conſequence to this Church.
  • 2. That this Church and Nation may be Expoſed to the further dan⯑ger of new Oaths from the Parliament of Britain, unleſs it be provi⯑ded that no Oath, Bond or Teſt of any Kind, ſhall be required of any Miniſter or Member of the Church of Scotland, which are Incon⯑ſiſtent with the known Principles of this Church.
  • 3. There being no Proviſion in the Treaty of Union for Securing of this Church by the Coronation Oath, That therefore in the Coro⯑nation Oath to be taken by the Sovereigns of Great-Britain, they be Engaged to Maintain the Doctrine, Worſhip, Diſcipline and Go⯑vernment of this Church, and the Rights and Privileges thereof, as now by Law Eſtabliſhed.
  • 4. That in Caſe the Propoſed Union be Concluded, the Church will ſuffer Prejudice, unleſs there be a Commiſſion for Plantation of Kirks and Valuation of Teinds, and making up the Regiſters of that Court which were Burnt; And a Judicatory in Scotland for Re⯑dreſſing Grievances, and judging Cauſes, which formerly were jud⯑ged by the Privy Council, ſuch as the Growth of Popery, and other [16] Irregularities: And with which Judicatorie the Church may Corre⯑ſpondanent Faſts and Thankſgivings
  • 5. Likewiſe, We do humbly Repreſent: That in the ſecond Part of the Oath of Abjuration, in Favours of the Succeſſor in the Prote⯑ſtant Line, there is Reference made to ſome Acts of the Engliſh Par⯑liament, which every One in this Nation who may be Obliged to take the ſaid Oath, may not ſo well Know, and therefore cannot Swear with Judgment; As alſo, There ſeems to us ſome Qualifica⯑tions required in the Succeſſor to the Crown, which are not ſuitable to our Principles,
  • 6. And in the laſt Place, In Caſe the propoſed Treaty of Union ſhall be concluded, this Nation will be ſubjected in its civil Intereſts to a Britiſh Parliament, wherein Twenty ſix Prelates are to be Conſti⯑tuent Members and Legiſlators, and leſt our Silence ſhould be conſtru⯑cted to Import Our Conſent to, or Approbation of the civil Places and Power of Church Men; We crave Leave in all Humility and due Reſpect to your Grace and Honourable Eſtates of Parliament to Repre⯑ſent, That its contrary to Our Known Principles and Covenants, that any Church-Man ſhould bear civil Offices, or have Power in the Com⯑mon Wealth.
Appendix B.2.8.1.1 Againſt which Articles and Addreſs Propoſed, the ſaids Elders did before the Vote proteſt, and take Inſtru⯑ments in the Hands of the Clerk of the Commiſſion; For the Reaſons following.

1. The Commiſſion of the General Aſſembly having already Addreſt to the Parliament for Securing the Doctrine, Worſhip, Diſ⯑cipline and Government of this Church; And that Addreſs being read in the Houſe upon the 17th of October laſt, The Parliament did thereupon Declare, that before concluding the Ʋnion, they would take the ſaid Addreſs to their Conſideration, and would do every Thing neceſſary for ſecuring the true Proteſtant Religion and Church Government preſently by Law eſtabliſhed in this Kingdom; Which Aſſurance we conceive the Commiſſion may very well rely u⯑pon, Seeing it is not to be doubted, that the Parliament will in due Time when the Addreſs is taken to Conſideration, make all neceſſa⯑ry Proviſions for Securing our Religion and Church Government by Law eſtabliſhed; And it may be conſtructed Jealousie or Diffidence in this Commiſſion to preſs and purſue the ſaid Addreſs further, be⯑fore [17] it appear what Steps and Progreſs the Parliament ſhall make u⯑pon it, Eſpecially ſeeing there are ſo many Elders of this Commiſſion who are Members of the Houſe: And being heartily Concerned for the Churches Intereſt, will certainly take Care that Nothing be Om⯑mitted or forgot to be Repreſented in Parliament which is Neceſſary for the Churches Security.

2. The Parliament having upon the 15th of October laſt, Voted to proceed preſently to the Conſideration of the Articles of the Treaty of Ʋnion, which might be Known to all by the publiſhed Minutes, We conceive it not Decent or ſuitable to the Prudence of this Com⯑miſſion to preſent an new Addreſs Relating to the Subject of the for⯑mer: whereby the Houſe may be impeded in its Procedure, which may cauſe a longer Delay of Conſidering the firſt Addreſs by Occaſio⯑ning new Queſtions and Debates in the Houſe.

3. The 6th Article of the now intended Addreſs, contains Matters which we conceive are not within the Sphere and Compaſs of the Commiſſions Buſineſs preſcribed to them by the General Aſſembly. Yet a wide Step is made in quarrelling and Objecting to the Conſtitution of the Parliament of England the Repreſentative of that Nation, with which this is now in a Treaty about an Union, likeways in that Ar⯑ticle the Form and Frame of the Civil Policy and Government of England, in the Extent and Latitude of it, Agreeable to it's Laws is Reflected upon and Challenged; all which in our Opinion, In⯑ſinuates a Blaming and Condemning our Parliament for Treating of an Union with a Kingdom ſo Circumſtantiated as England is.

4. Whatever the Conſtitution of the Parliament of England now is, and whatever may be the Conſtitution of the Parliament of Great Britain after the Union, the preſent legal Eſtabliſhment of our Church is not alterable by it, that being without the bounds of the Treaty, which can reach no farther than the Civil Policy and Go⯑vernment of the United Kingdom; Beſides that our legal Eſtabliſh⯑ment will no doubt be further Fenced and Fortified, when the Com⯑miſſions Addreſs is taken into Conſideration by the Parliament.

5. The Parliament having upon the fourth of this Month, Voted that the two Kingdoms of Scotland and England, ſhall upon the firſt Day of May next Enſuing, and for ever after be Ʋnited into one Kingdom by the Name of Great Britain, with this Proviſion (That if the Articles of Union be not adjuſted by the Parliament, then the Agreeing to and Approving of the firſt ſhall be of no Effect) We Ap⯑prehend it may be of Dangerous Conſequence to preſent now any Addreſs which may Admit of a Conſtruction oppoſite to that Vote in Parliament; And certainly it would not be Excuſeable in any who are Members in the Houſe, to concurr in an Addreſs of that ſort.

So being fully perſwaded that the way of proceeding by the New Addreſs now intended, will tend to the great Diſadvantage and Prejudice of the Church as now Eſtabliſhed, and of the Presbyterian Intereſt, we found our ſelves obliged to Enter our Diſſent and to Proteſt.

Sic Subſcribitur, Rothes, Marchment, Polwarth, George Baillie, Alexander Ogilvie, J. C. Auchinbreck, J. Campbell.
Appendix B.2.8.1.2 The Commiſſion of the General Aſſembly, Reply to the Reaſons given by the Elders for their Proteſt, Entituled, Some Modeſt Animadverſions by way of Re⯑ply to a Paper Intituled, Reaſons &c. ut Supra.
[18]

IT was a great Grief to the Commiſſion, when it pleaſed ſome of our Honourable Friends of the Ruling Elders to proteſt againſt the Vote, Whether the 6th Article of the Commiſſions ſecond Addreſs ſhould be added to the other Articles formerly Agreed to; and it doth add no little to our Grief, that a Paper is given in with Reaſons as againſt the whole Addreſs; Whereas they may Remem⯑ber the firſt three of the Articles of the ſaid Adreſs were unanimouſly Agreed unto before.

We do ſincerly profeſs, We have ſuch a Senſe of, and Confidence in the Kindneſs of th [...]ſe Noble and Honourable Perſons to this Church, that it Afflicts us, when in any thing we cannot comply with their Opinion; But we hope they will Excuſe us when purely our Conſci⯑ence towards God, maketh us Differ.

We Heartily Wiſh this debate Sopite, and that yet it would pleaſe them to take up this Paper, perhaps on more Mature and ſecond Thoughts, they may ſee there is no Ground to be ſo ſevere againſt our ſecond Addreſs, As to Cenſure it as Jealouſie or Diffidence of the Parliament or our Friends in it, as in the firſt Reaſons; and of Indecency and Unſuitable to Prudence, as Reaſon ſecond, or Dan⯑gerous and ſuch as may be conſtrued, as contrary to a Vote of Parlia⯑ment November 4th as in Reaſon 5th. For the firſt Addreſs being General, the ſecond was but a humble Repreſentation of ſome par⯑ticulars we humbly deſired might be minded, when it pleaſed the Par⯑liament to reſume the Conſideration of the firſt Addreſs, leaving the time to the Wiſdom of the Parliament, we being far from any deſign to occaſion Delay or Debate; and it hath pleaſed the Parliament to in⯑ſert diverſe of the Things there deſired in the Act for the Security of the Church, and we would gladly hope they will conſider the reſt of them in due time.

But we conceive it is the 6th Article againſt which the chief Offence is taken, and againſt which the 3d and 4th Reaſons are levelled, but our Honourable Friends know, there had been much Reaſoning on that Head for diverſe days, and when there was no appearance of Ʋnanimity, how could the Commiſſion ſhun a Vote for Deciſion of the Difference, nor can we be perſwaded that the Commiſſion went in their Vote without the Sphere and Compaſs of the Buſineſs pre⯑ſcribed to them by the General Aſſembly, or made a wide Step in quarrelling and objecting to the Conſtitution of the Parliament of England, as is alledged in Reaſon 3d. For it was oft told in the Con⯑ference [19] and Debate, we did not meddle with the Conſtitution of the Parliament of England, as the Parliament of England, though we can⯑not command our Judgment to an Approbation of it; nor do we ſpeak any thing againſt treating with the Parliament of England, as the Repreſentative of that Nation, nor doth it blame our Parliament for treating with them, for they treat with the Parliament of Scotland as the Repreſentative of the Nation; Which as theirs is in its Frame eſtabliſhed by the Laws of the Land, yet a Regulation thereof is treat⯑ed of for conſtituting the Britiſh Parliament, why then ſhould there be ſo much Offence taken, that in due Seaſon before the Concluſion of the Treaty, it is humbly repreſented to the Parliament, that in caſe the propoſed Treaty of Union be concluded, this Nation will be ſubjected in its civil Intereſts to a Britiſh Parliament, wherein 26 Pre⯑lates are to be conſtituent Members and Legiſlators.

We do not ſpeak in that 6th Article of the legal Eſtabliſhment of our Church, and ſo the 4th Reaſon toucheth not this Point:

And could any thing be more modeſtly expreſt than this is by the Commiſſion in their Addreſs, in theſe Words.

‘'And leſt our Silence ſhould be conſtructed to import our Conſent to, or Approbation of the civil Places and Power of Church-men, we crave leave in all humility and due Reſpect to your Grace and ho⯑nourable Eſtates of Parliament, to repreſent that it is contrary to our known Principles and Covenants, that any Church Man ſhould bear civil Offices, or have power in the Common-Wealth.’

Nor can we ſee how this Addreſs doth of its own Nature tend to the Diſadvantage of the eſtabliſhed Church and Presbyterian Intereſt.

But as we have Charity towards them, we expect the ſame Charity towards us, acting purely from Conſcience towards GOD, and we in⯑treat and expect the continuance of their Kindneſs to this Church.

Appendix B.2.9 No K x.

[20]
Appendix B.2.9.1 Unto his Grace, Her Majeſties High Commiſſioner, and the Moſt Honourable The Eſtates of Parli⯑ament, The Repreſentation and Petition of the Commiſſion of the General Aſſembly of this National Church of SCOTLAND.
Edinburgh January 16th. 1707.
Humbly Sheweth,

THAT We conſidering the Truſt repoſed in us by the late Gene⯑ral Aſſembly; Find it our Duty to lay before Your Grace and Lordſhips, when, as we are informed, you are about the paſſing of an Act of Ratification of the Articles of the Treaty of Ʋnion betwixt the two Kingdoms of Scotland and England, which contains theſe fol⯑lowing Words; ‘'Declaring nevertheleſs, that the Parliament of En⯑gland, may provide for the Security of the Church of England, as they ſhall think Expedient, to take Place within the Bounds of the ſaid Kingdom of England, and not derogating from the Security a⯑bove provided, for eſtabliſhing the Church of Scotland within the Bounds of this Kingdom, which ſhall not ſuſpend or derogate from the Force and Effect of this preſent Ratification, but ſhall be under⯑ſtood as here included, without any Neceſſity of any new Raticfia⯑tion in the Parliament of Scotland:’ Which Clauſe ſeems to us, not only to be like a Blank, put, with Your Grace and Lordſhips Conſent, in the Hands of the Parliament of England, to Enact what they ſhall Think fit, for Securing the Hierarchy and Ceremonies of their Church; But alſo a Conſent that it be an Article and Fundamental of the U⯑nion; And as is contained in Your Ratification, cannot but imply a Manifeſt Homologation.

[21] We do therefore humbly beſeech Your Grace and Lordſhips, That there be no ſuch Stipulation, or Conſent for the Eſta⯑bliſhment of that Hierarchy and Ceremonies, as you would not involve your ſelves and this Nation in Guilt, and as you conſult the Peace and Quiet of this Nation, both in Church and State. We pray that GOD may Bleſs and Preſerve our gracious Queen, and direct your Grace and Lordſhips in this and all the great and momentuous Affairs, which are or may be before you.

Signed in Name, in Preſence, And at the Appointment of the Commiſ⯑ſion of the late General Aſſembly, by ſic ſubſcribitur WILL. WISHEART Moderator.

Appendix B.2.10 No L x.

Appendix B.2.10.1 To his Grace Her Majeſties High Commiſſio⯑ner, and the Right Honourable Estates of PARLIAMENT, The humble Addreſs of the Presbytery of Dumblane.
Sheweth,

THAT We having ſeen the ſeveral Faithful and Seaſonable Ad⯑dreſſes and Repreſentations of our Brethren of the Commiſſion, to your Grace and Lordſhips; all which we concur in, and agree to, as expreſſive of our Known and Covenanted Principles; and tho it may appear unneceſſar, that we ſhould give your Grace and the Honourable Eſtates of Parliament any Trouble this way; yet from a Senſe of the Duty we owe to GOD at this Juncture, to our Gracious Sovereign Queen Anne (whom the Lord long preſerve for a Bleſſing to this Church and Nation) and to your Grace and Lord⯑ſhips; We could not forbear in all humility to Repreſent, how much we are Alarm'd, with the preſent Scheme of Ʋnion in the Printed Ar⯑ticles, as apprehending the Fatal Conſequences thereof, in the Event of a Britiſh Parliament to our Sacred and Religious Concerns, and to which we can not go in, without Guilt before GOD, in a manifeſt Breach of our Solemn Covenants, by which we are Ingaged, againſt Eccleſiaſtical Perſons being Legiſlators in the Common Wealth. (The Setting up of publick Maſs, and Engliſh Ceremonies, The Illegal and Diſorderly Practices of the Epiſcopal Clergy, from the Hopes of a Popiſh Succeſſor to the Crown, without any effectual Redreſs from the Government, notwithſtanding of repeated Application made by this Church) do give juſt Umbrage of what may be expected, when [22] Scotland and England are united into one Kingdom, and Repreſented by one and the ſame Parliament.

May it therefore pleaſe your Grace, and the Honourable Eſtates of Parliament, to be tender of the Peace and Quiet of this Church and Nation, and ſettle the Succeſſion in the Proteſtant Line, and to do nothing that may be prejudicial to this Na⯑tional Church, in any of its Religious, or Sacred Intereſts; which Her Majeſty in Her Gracious Letter, Back'd with your Grace and my Lord Chancellors Speeches to this preſent Seſ⯑ſion of Parliament; give juſt ground to expect.

Appendix B.2.11 No M x.

Appendix B.2.11.1 Unto His Grace, Her Majeſties High Com⯑miſſioner, and the Right Honourable E⯑ſtates of Parliament; The humble Addreſs of the Barons and Freeholders, within the Stewartry of Kirkcudbright.

WE the Barons, Freeholders of the ſaid Stewartry of Kirkcudbright underſubſcribing, having ſeen the Articles of the Union agre⯑ed upon by the Commiſſioners nominate on behalf of the Kingdom of Scotland, and the Commiſſioners nominate on behalf of the King⯑dom of England, in which they have agreed, that Scotland and En⯑gland ſhall be united into the Kingdom, the which united Kingdom, ſhall be united by one and the ſame Parliament. And ſeing it doth evidently appear to us, that ſuch an incorporating Union, as is con⯑tained in the ſaids Articles, is contrair to the Honour, Fundamental Laws and Conſtitution of this Kingdom, Claim of Right, and Rights and Privileges of the Barons and Freeholders of this Kingdom; and that the ſame is Deſtructive to the true Intereſt of the Nation: And being likewiſe apprehenſive of the Danger that evidently threatens our Church Government, from a Parliament where there is not one Member of that Communion. Therefore, we humbly beſeech your Grace, and the Honourable Eſtates of Parliament, that ye will not promote any ſuch Incorporating Union, but do confidently expect that ye will Support and Preſerve Entire the Sovereignity and Indepen⯑dency [23] of this CROWN and KINGDOM, and the Rights and Privi⯑leges maintained by our Heroick Anceſtors, for the ſpace of near two thouſand Years, that the ſame may be Tranſmitted to ſucceeding Generations, as it has been conveyed to Ʋs; And we will Heartily concur with you for Supporting and Maintaining our Sovereignity and Independency with our Lives and Fortunes, conform to the qua⯑lified Laws of the Nation.

Appendix B.2.12 No N x.

Appendix B.2.12.1 Unto his Grace Her Majeſties high Commiſ⯑ſioner, and the Right Honourable the E⯑states of Parliament, the Humble Ad⯑dreſs of the Presbytery of Hamilton.
Sheweth,

THAT we heartily concur with the Addreſſes made by the Com⯑miſſion of the General Aſſembly to your Grace and Lordſhips and do believe that there is a full Unanimity therein amongſt the Mi⯑niſters of this National Church, both as to the matter of theſe Addreſſes, and in their humble and earneſt Deſires that the Honourable Eſtates of Parliament may take them into further Conſideration, to prevent the Fears and Dangers of this Church, that may inſue from an In⯑corporating Union with England in the Terms of the Treaty offered, to the Parliament.

But that which more eſpecially obliges us in Duty and Conſcience as Miniſters of the Goſpel of Peace, moſt humbly to interpoſe with your Grace and Lordſhips is, the Lamentable and Diſtracted State of the Kingdom, and particularly the People under our Paſtoral Charge, from the ſad Apprehenſions they have, and have expreſſed in their ſe⯑veral Addreſſes to the Parliament, of the woeful Effects and Conſe⯑quences of ſuch an Union to their Liberties both Civil and Religious, and that it cannot be entered into by the Nation in the Terms with⯑out incurring the Guilt of National Perjury: And tho' hitherto we have endeavoured to keep them from Breaking out, yet the Ferment and Diſſatisfaction doth ſo encreaſe amongſt all, that we are juſtly a⯑fraid of what theſe Things may turn unto.

We do therefore (after ſerious Supplication at the Throne of Grace) moſt earneſtly Implore, and with all humility beſeech in the Bowels of our LORD JESUS CHRIST, That your Grace and Lordſhips may compaſſionate the trembling State of this Church and Nation, and liſten as it were to their dying Groans: GOD having put it in your Hands to allay their Fears, avert their Dangers, and [24] prevent the dreadful Confuſions that threaten this Land, by laying aſide this Incorporating Ʋnion with England, as offered in the Trea⯑ty, and by ſupplicating Her moſt Gracious Majeſty (for whoſe long and happy Reign over us; We do, and always ſhall moſt heartily Pray, and upon whoſe Royal Aſſurances in Behalf of this Church, we do moſt cheerfully rely) that the Proteſtant Succeſſion to the So⯑vereign and independent Crown of this Kingdom may be ſettled by an Act of our own Parliament: And that no Incorporating Ʋnion with England may be concluded, until Her Majeſty ſhall be pleaſed to call the General Aſſembly of this Church; which being the National Church eſtabliſhed by Law, and founded on the Nations Claim of Right, hath an undoubted Right to be conſulted about Her own Securities, before any ſuch Ʋnion be entered into with a Govern⯑ment of another Communion, where that Government is to be in a Manner ſole Maſter of the whole Adminiſtration.

Theſe things we moſt humbly beg of your Grace and Lordſhips, as our Protectors and Patrons under God, beſeeching you to hearken unto us, that God may hearken unto you, and give you Peace and Comfort in the Day of your Accompts.

Sic ſubſcribitur,

Appendix B.2.13 No O x.

[25]
Appendix B.2.13.1 A LETTER from the Commiſſion of the General Aſſembly, to the Presbytery of Hamilton.
Edinburgh December 6th. 1706.
R. D. B.

THe General Aſſembly of this Church, having appointed us to take care that it ſuffer no prejudice, thro' neglect of due Applica⯑tion to the Honourable Eſtates of Parliament, or any other Judica⯑tory, concerned in the Management of publick Affairs. We have in this Juncture, wherein a Treaty of Union with the Neighbouring Kingdom, is under Deliberation, before the Repreſentatives of our Nation, Endeavoured, and are ſtill endeavouring to Exoner our Conſciences, in doing what we Judge incumbent upon us, for ſecu⯑ring the Doctrine, Worſhip, Diſcipline, Government, Rights and Privileges of this Church, as now by the great Goodneſs of GOD, the ſame are Eſtabliſhed among us: And being informed of Diſ⯑orders and Tumults, in ſome parts of the Countrey, which the Ene⯑mies of our preſent happy Eſtabliſhment may be ready to Improve, tho' without ground, to the Diſadvantage and Reproach of this Church. We do look upon it as our Duty, to Recommend to all our Brethren, that as they have in their Stations acceſs, they do Diſcountenance and Diſcourage all Irregularities and Tumults, that tend to diſturb the Government of our Gracious Sovereign the Queen, to whom we are in Gratitude, as well as Duty, under the higheſt Obligations, ſeing in the kind Providence of GOD, We by Her good and wiſe Management, enjoy ſo many Advantages; and upon whoſe Preſervation, our Peace, and the Security of all that's dear to us, do under GOD much depend, This in Name, and by the Order of the Commiſſion of the General Aſſembly of this National Church, is Subſcribed by

R. D. B. Your Affectionate Brother and Servant in the LORD. WILLIAM CARSTAIRS Moderator protempore [...]
For the Right Reverend the Moderator and remanent Members of the Presbytery of Hamilton.

Appendix B.2.14 No P. x

[26]
Appendix B.2.14.1 The ANSWER of the Presbytery of Hamilton, To the LETTER from the Commiſſion of the General Aſſembly.
Bothwel 17. Decemb. 1706.
R. D. B.

YOur Letter ſigned by the R: Mr. Carſtairs Moderator pro tem Pore we received this Day, being our firſt Meeting after its Date of the 6th Inſtant; wherein there is mention of your being informed of Diſorders and Tumults in ſome parts of the Countrey, which you recommend unto us to diſcountenance and diſcoursge as we have Acceſs.

We know there have been many Reports ſpread Abroad of Tu⯑mults and Diſorders, not only in Glaſgow, which is too true, but in other places within the Shire of Lanerk; which as to the bounds of our Presbytery are groſly falſe. And we have reaſon to believe them to be ſo likewiſe, as to the reſt of the Shire. We have heard alſo of ſome calumnious Stories induſtriouſly diſſeminated, concerning ſome of our Number, with reſpect to theſe pretended Diſorders, which are not only contrary to Truth, but to common Senſe. We wiſh the Forgers and Spreaders may be forgiven. They act in this neither the part of good Chriſtians, nor of good Subjects.

As to the Diſpoſition of the People, the plain Truth is, That they are generally moſt averſe from the Union; and many have expreſſed themſelves broadly enough againſt it, as what they fear may prove an irremediable Evil, if it ſhould be concluded, wiſhing that ſome Stop might be put to it. And we have not been wanting, as there was occaſion, to adviſe and exhort the People to Calmneſs and Regularity, and to refrain from any undue Keenneſs might be in their Words. But we muſt ſay, That it is utterly falſe and malicious to ſuggeſt, that there hath been the leaſt Tumult or irregular Practice among them, ſince this Ʋnion came in Queſtion, far leſs any ſhadow or Appearance of any Undutiful or Diſloyal Thought of Her Majeſty. Yea there has not been ſo much as the leaſt Motion towards their accuſtomed ordinary Rendezvous warranted by Law, ſince the publiſhing of a Proclamation and Act, forbidding the ſame: It is true, That ſome of thoſe Raſh Youths who broke out from Glaſgow, paſſed thro' our Bounds, but they were not allowed to make any ſtay, nor received the leaſt En⯑couragement at any Hand, for ought we know: So that we can well aſſure the R. Commiſſion, there is as much Peace and Quiet with⯑in the whole Bounds of this Presbytery, as is any Place of the King⯑dom.

We have heard with much Satisfaction, of the Zeal which the R. [27] Commiſſion hath ſhewed by their Addreſses mentioned in your Letter for the Intereſts of the Church at this Time, when they are in ſo E⯑minent Hazard. And we have teſtified our Concurrence therewith by our Addreſs to the Parliament: But we are ſtill of Opinion, That the preſſing Neceſſity of the preſent Juncture, and the manifeſt Im⯑poſſibility (in the Event of ſuch an Union, as is Moulded in the Treaty) of ſecuring this Church in any of Her precious Concerns, now Eſtabliſhed by the Laws and Conſtitution of our own Govern⯑ment and Kingdom, doth not only require the Continuance of Aſſi⯑dous Application to the Right Honourable Eſtates of Parliament: But likewiſe, that the Commiſſion, in Name of this Church, teſtify a⯑gainſt the concluding of any Ʋnion with England, upon the Foot of this Treaty, till the General Aſſembly of this National Church, ac⯑cording to Her undoubted Right, as we have ſhewed in our Addreſs be called and Allowed to conſider of Solid and Eſſential Securities for the Church in ſuch an Exigence. This we humbly think, the Truſt repoſed in the Commiſſion, and Faithfulneſs to the Church of Scotland, both in the preſent and ſucceeding Generations doth unde⯑nyably Demand. Thus heartily Recommending you to Divine Con⯑duct and Aſſiſtance. We reſt

R. D. B.
Your moſt Affectionate Brethren, and Humble Servants in the Lord, The Ministers of the Presbytery of Ha⯑milton. Subſcribed in their Name, and by their Order, by ALEX. FINDLATER Moderator.
For the Right Reverend, the Moederator, and remanent Mem⯑bers of the Commiſſion of the General Aſſembly at Edin⯑burgh.

Appendix B.2.15 No Q. x.

Appendix B.2.15.1 To his Grace Her Majesties High Com⯑miſſioner, and the Right Honourable the Estates of Parliament; The humble Ad⯑dreſs of the Magiſtrates, Town Council, Burgeſſes and Inhabitants of the Burgh of New-Galloway.

WE the Magiſtrates, Town-Council, Burgeſſes and Inhabitants of the ſaid Burgh of New-Galloway Ʋnder-ſubſcribing, having ſeen the Articles of the Union agreed upon by the Commiſſioners, Nominate in the behalf of the Kingdom of Scotland: And the Com⯑miſſioners Nominate in the behalf of the Kingdom of England, in which they have agreed: That Scotland and England be Ʋnited in one Kingdom, and that the United Kingdom be Repreſented by one [28] and the ſame Parliament. And Sceing, it does evidently appear to Us, That ſuch an Incorporating Ʋnion, as is contained in the ſaids Arti⯑cles, is contrair to the Honour, Fundamental Laws, Conſtitution of this Kingdom, and Claim of Right, by which Our Liberty, and Presby⯑terian Government in the Church are Secured: And alſo contrair to the Birth-Right of the Peers; And Rights and Privileges of the Barons, Free Holders and Burghs of the Kingdom; And that the ſame is Deſtructive to the True Intereſt of the Nation.

Therefore we humbly beſeech your Grace and Honourable Eſtates, And do confidently expect, that ye will not allow of any ſuch Incorpo⯑rating Ʋnion, But that ye will ſupport and preſerve the Sovereignty and Independency of this Independent Kingdom, and the Rights and Privileges of Parliament, which has been ſo valianily main⯑tained by our Heroick Ancestors, for the ſpace of near Two thou⯑ſand Years: That the ſamen be tranſmitted to ſucceeding Gene⯑rations as it has been conveyed to Ʋs; For we are reſolved to De⯑fend and Support our Crown and Independent Sovereignty, with our Lives and Fortunes, conform to the eſtabliſhed Laws of this Nation.

Appendix B.2.16 No R x.

Appendix B.2.16.1 To his Grace Her Majeſties high Commisſio⯑ner, and the right Honourable the E⯑ſtates of Parliament. The humble Addreſs of the Magiſtrates, Town-Council, Mer⯑chants, Deacons of Crafts, and others Tradeſ-Men and Inhabitants of the Burgh of Dumfermling.
(Thurſday 19th of December 1706.)

WE the Magiſtrates, Town-Council, Merchants, Deacons of Crafts, and other Tradeſmen and Inhabitants within the Burgh of Dumfermling Underſubſcribing; Having ſeen and conſidered the Articles of the Ʋnion agreed upon by the Commiſſioners for the Kingdom of Scotland and England; In which they have agreed, That Scotland and England be united into one Kingdom; and that the united Kingdom ſhall be Repreſented by one and the ſame Parliament: And ſeing it does evidently appear, [29] that ſuch an incorporating Ʋnion, as is contained in the ſaid Articles is contrary to the Honour, Fundamental Laws, and Conſtitution of this Kingdom, Claim of Right, and Rights and Privileges of the Burrows and Church-Government, as by Law Eſtabliſhed: and that the ſame is deſtructive to the true Intereſt of this Nation. There⯑fore, We humbly beſeech your Grace and the Honourable Eſtates, and do confidently expect, That you will not allow of any ſuch Incorporating Ʋnion; But that you will Support and Preſerve en⯑tire the Sovereignity and Independency of this Crown and Kingdom, and the Rights and Privileges of Parliament; which have been ſo va⯑liantly maintained by our Heroick Anceſtors, for near 2000 Years: That the ſame may be tranſmitted to ſucceeding Generations, as they have been conveyed to us: and we will heartily concur with you for ſupporting and maintaining our Sovereignty and Independency, with our Lives and Fortunes, conform to the Laws of the Nation.

  • TOWN-COUNCIL.
    • David Adie Baillie
    • David Adie younger Baillie
    • Jerome Cowie Dean of Gild
    • William Wilſon Treaſaurer
    • David Wilſon Counſellor
    • John Cowie Counſellor
    • James Meldrum Counſellor
    • John Adie Deacon Conveener
    • Laurance Henderſon Counſel.
    • William Inglis Counſellor
    • William Findlay Counſellor
    • William Young Counſellor
    • James Walls Counſellor.
  • MERCHANTS.
    • William Black
    • Henry Elder
    • Robert Anderſon
    • John Hart
    • John Balfour
    • William Wilſon
    • Thomas Mitchel
    • Andrew Rolland
    • Robert Adie
    • Charles Chambers
    • John Hay
    • Patrick Clow
    • Joſeph Kirk
    • John Couper
    • William Wilſon
    • Robert Robertſon
    • James Dick
    • David Gray
    • George Chriſtie
    • John Watſon
    • Patrick Currie
    • John Brown
    • John Allan
    • James Pringle
    • John Bethon
    • Robert Wilſon
    • David Meldrum
    • Robert Walker.
  • WRIGHTS.
    • John Main Deacon
    • Andrew Wilſon
    • John Simpſon
    • John Potter
    • George Walker
    • George Walls
    • Thomas French
    • Thomas Bonnar
    • John Henderſon
    • James Henderſon
    • [30] John Main
    • James Kirk
    • Patrick Thomſon
    • William Hutton
    • James French
    • Thomas Richardſon.
  • MASONS.
    • James Simel
    • Charles Young
    • David Hunter
    • James Somervel
    • David Purvas
    • William Murgain.
  • SHOE-MAKERS.
    • Andrew Duncan Deacon
    • George Stewart
    • John Young
    • Andrew Main.
  • FLESHERS.
    • John Hodge Deacon
    • James Cuſin
    • Robert Kirk
    • John Belfrage
    • Thoma Beverage
    • Thomas Beverage
    • George Philp
    • William Taylor
    • William Welwood
    • John Burly
    • Andrew Belfrage.
  • WEAVERS.
    • John Wilſon Deacon
    • James Wilſon
    • John Stark
    • Patrick Hutton
    • James Turnbul
    • David Marres
    • James Wilſon
    • Charles Kirk
    • Andrew Wilſon
    • William Kirk
    • Thomas Dryſdale
    • Thomas Richardſon
    • Alexander Douglaſs
    • John Gotterſon
    • John Black
    • John Williamſon
    • William Wilſon
    • David Dalgliſh
    • John Ker
    • Andrew Wilſon
    • James Shortlands
    • John Wilſon
    • John Wilſon alter
    • Robert Gotterſon
    • Robert Wilſon
    • Robert Strachan
    • Robert Buiſt
    • John Durham
    • Robert Dalglieſh
    • Adam Robertſon
    • Andrew Young
    • Robert Black
    • Robert Stark
    • Thomas Bean
    • Magnus Malcolm
    • Robert Inch
    • George Pullans
    • William Beanny
    • Robert Mackcraigh
    • John Inglis
    • John Mackcraigh.
  • TAYLORS.
    • James Richardſon
    • Robert Donald
    • Andrew Hepburn
    • Alexander Coventry
    • Thomas Hanna
    • James Henderſon
    • John Jamiſon
    • William Hodge
    • Alexander Couper
    • John Horn
    • James Kellock
    • James Wardlaw
    • Robert Bauld
    • James Hall
    • James Richardſon
    • James French
    • John Wilkie.
  • SMITHS.
    • James Law
    • [31] David Black
    • Thomas Wilſon
    • John Cunighame
    • Adam Stevinſon
    • William Anderſon
    • James Smith.
  • BAXTERS.
    • William Ker
    • John Anderſon
    • Robert Adamſon
    • Robert Donald
    • James Buiſt
    • Robert Ferguſon
    • George Crawfurd
    • James Legar
    • John Buntine

Ego Andreas Sympſon Notarius Publicus ac Scriba dicti Burgi de Dum⯑ferling ſpeciali mandato Davidis Sands, Gulielmi Pierſon, Jacobi Baud & Gulielmi Robertſon Fabrorum Ferrariorum in dicto Burgo, ac Ro⯑berti Wellwood, Andreae Smei [...]ton, ſacobi Willſon Calce [...]riorum in dicto Burgo, & Joannis Rea, Jacobi Beannie, Thomae Willſon, Joannis Hepburn & Jacobi Maſsertoun Sartorum in dicto Burgo, & Eduardi Ovenwhyt, Andreae Beanny & Joannis Beanny Fabrorum Murariorum ibide'm, ac Petri Nigrew, Alexandri Grieve, Roberti Crawfoord, Jo⯑annis Brown, Andreae Morrice, Roberti Durham Gulielmi Kirk, An⯑dreae Kirk, Joannis Hoggan, Roberti Haggan, Patricii Stevenſon, A⯑lexandri Gilleſpie & Petri Cairns Textorum ibidem, & Andreae Chri⯑ſtie, Jacobi Walker, Gulielmi Walker, Davidis Christie, Gulielmi Eaſan, Jacobi Brown, & Joannis Thomſon Fabrorum Lignariorum, & Gulielmi Cuſin Lanionis in dicto Burgo pro illis omnibus ſcribere neſa cien. ut aſſeruerunt ſpecialiter requiſitus ſubſcribo,

Sic Subſcribitur. AND. SYMPSON. N. P.

The Names of the Perſons ſigning this Addreſs are put in here, not that it was very material as to the Perſons, but as a Specimen of the manner how theſe Addreſſes were uſually ſigned.

Appendix B.2.17

Here follows the ſeveral States of the Revenues and Debts of the reſpective Kingdoms of England and Scotland, as they were diſtinctly and ſeparatly stated by the Order, and for the Service of the Commiſſioners of both Kingdoms appoint⯑ed to Treat of the Union; With the ſeveral Valuations and Calculations, Appropriations, Proportions, and net Produce, as they were laid before the ſaid Commiſſioners, being the ſame referred to in that part of this Hiſtory, Intituled, Of the T [...]eaty in London Fol. 104.

Appendix B.2.18 No S x.

[32]
A STATE of the REVENUES and Pub⯑lick INCOME of the Kingdom of EN⯑GLAND, viz.The Revenues appropriated for the better Support of Her Ma⯑jeſties Houſhold, and of the Honour and Dignity of the Crown (By an Act 1 A Reginae) during Her Majeſties Life.
 Per Annum, Per Annum
THe Exciſe of 2 ſh. and 6 d. per Barrel on Beer, Ale, &c. excluding 3700 Lib. a Week appro⯑priated thereout for publick Uſes, and including ſo much of the Charges of Management, as is paid by the Caſhier, according to a Medium of three Years laſt paſt amounts to286178
The further Subſidies of Tonnage, and Poundage, and other Duties upon Wines, Goods and Merehan⯑dizes imported (excluſive of Draw-backs by De⯑bentures and Allowances for dammag'd Goods) by a like Medium, is356841
The Revenue of the General Letter-Office, or Poſt-Office, by a like Medium, including Charges of Mannagement paid by the Receiver, is101101
The Produce of the Fines ariſing in the Alienation-Office, (including the neceſſary Expenſes of the Court of Chancery, and other Charges born there out) is by a Medium.4804
The paſt Fines by a reſerved Rent on a Grant thereof in being, is2276
The Produce of the Revenue ariſing by Wine Licen⯑ces, including Charges of Management by a Me⯑dium, is6314
Sheriffs Proffits communibus annis about1040
Compoſitions in Exchequer by a Medium of three Years.13
Seizures of Ʋncuſtom'd and Prohibited Goods the like.13005
[33]The Revenue of the Dutchy of Cornwall, conſiſting of the Cuſtom, Coinage Duty of Tin, Rents of Lands, Fines of Leaſes, and other Revenues cer⯑tain and Caſual, amount to about9869
The Revenue of the Principality of Wales about6857
Other Revenues ariſing by Rents of Lands and Fines of Leaſes, &c. by a Medium of what paid in to the Exchequer in laſt three Years, amount to about2906
So the Total of the Revenues, reckoning upon a Medium as aforeſaid, and including the ſaid Charges of raiſing the ſame, is about691240
The other Publick Income. 
Cuſtoms and Subſidies of Tonnage and Poundage by ſeveral Acts of Parliament continue till the 1ſt. Auguſt 1710, and are appropriated for diſcharging ſuch Debts or Incumbrances as in the ſaid Acts are mentioned, Theſe excluding Draw-backs by De⯑bentures, Portage-Bills and Allowances for dam⯑ag'd Goods, and including Charges of Mannage⯑ment paid by the Caſhier, according to a Medium of three years laſt paſt, do produce about345704
Impoſitions on Wines, Vinegar, Tobacco, and Eaſt-India Goods, which continue to the ſaid 1ſt Au⯑guſt 1710, are appropriated for diſcharging of Debts as aforeſaid, and excluding Draw-backs by Debentures, and Allowances for dammag'd-Goods by a like Medium, are about373485
Additional Impoſitions on Goods and Merchandizes are continued and appropriated as aforeſaid, Theſe (excluding Draw-backs and Allowances) by a like Medium, produce39645
The Duties on Coals, Culm, and Cynders, continu⯑ed to the 30th. September 1710, are appropriated to ſuch uſes as in the Acts of Parliament for the ſame are mentioned, by a like Medium.113688
The 15 lib. per Cent. on Muſlins, and the Duties on Coffee, Tea, Spices, Pictures, &c, with the Addi⯑tional Duties lately impos'd thereon, and upon Callicoes, China Wares, and Ʋnrated Drugs, are all granted and continued to the 24th. of June 1710, and appropriated for Re-payment of Loans with Intereſt: The former Duties by a Medium [34] of the laſt three Years (excluding Draw-backs and Allowances for dammag'd Goods) produced 42475 lib. and the new Duties are eſtimated at 74000 lib. per Annum, which together is116475
25 lib. per Cent. Additional Duty on French Goods continueth for the Reſidue of a Term of 21 Years from 28th. February 1696. is applicable to any Ʋſes of the War, and the Produce thereof by a Medium of the laſt three Years, excluding Allowan⯑ces for dammag'd Goods, is about10794
5 ſh. per Tonn on French Shipping granted the 12 Car. 2di, is to continue ſo long as the Duty of 50 Sols per Tonn on Engliſh Shipping in France, and 3 Months longer, and is applicable to any uſes of the War, the Medium of the laſt three years, a⯑mounts to81
Plantation Duties granted 25 Car. 2di, on Goods carried from one Plantation to another, are not particularly appropriated, but applyed to the uſes of the War, the ſaid Medium is877
4 and ½ per Cent. in Specie ariſing in Barbadoes and the Leward Iſlands ſubject to an Annuity payable to the Heirs and Aſſigns of the Earl of Kinnoul, are applyed thereunto, and towards the Support of theſe Iſlands, purſuant to an Addreſs of the Houſe of Commons in that behalf, a Medium of the Produce of the ſaid Duty by Sales thereof made herein the laſt three years, is,6459
Coynage Duty (being 10 ſh. per Tonn on Wines im⯑ported) is continued to the 1st of June 1708, and appropriated to the uſe of the Mint, and by a Medium of three years (excluding Draw backs, and Allowances for dammag'd Wine) is about,7350
The Duties on Whale-Finns and Scotch Liuen con⯑tinued till the 1ſt of Auguſt 1710, are appropriat⯑ed for diſcharging of Loans and other Debts (ex⯑cluſive of Draw-backs and Allowances for Dam⯑mage) by a like Medium may be,10939
1/33 Additional Tonnage and Poundage granted for 3 years from 8th March 1703 and applicable to the Re-payment of Loans and Intereſt; And by ano⯑ther Act continued from the 8th of March 1706 for 98 years, for payment of certain Annuities; [35]The Produce thereof in the year ended at Chriſt⯑maſs laſt (excluſive of Draw-backs and Allowan⯑ces for dammag'd Goods) was81746
2/3d. Additional Tonnage and Poundage granted for four years from the 8th of March 1704, are appli⯑cable to the Re-payment of Loans and Intereſt, the Produce thereof may be eſtimated to be at leaſt.160000
3700 lib. a Week to be taken out of the hereditary and temporary Exciſe on Beer, Ale, &c. is appro⯑priated for payment of Intereſt to diverſe Bankers and others, for Moneys lent by them to King Cha. 2d. redeemable on payment of a Moiety of the Principal, and for Annuities for ſeveral Terms of Years.0192400
IX d. per Barrel Exciſe on Beer, Ale, &c. by one Act of Parliament, is to continue till 17th. May 1713; and by an other Act is granted for a further Term of 95 years: The Produce is appropriated in the firſt place for ſatisfying Annuitys on Lottery Tic⯑kets, which will end at Michaelmaſs 1710, and afterwards to the payment of Annuities by a Medi⯑um of laſt three years.0164828
Another IX d. per Barrel Exciſe made perpetual for payment of Annuities to the Bank of England, and other Annuities; This Grant not containing all the Duties given by the Act for the IX d. laſt mentioned, will produce by a like Medium,155000
And one other IX d. per Barrel for 99 Years from the 25 January 1692, is appropriated to payment of diverſe other Annuities the like.155000
Duties on Low Wines and Spirits of the firſt Ex⯑traction continued till the 24th June 1710 are ap⯑propriated for Re-payment of Loans with Intereſt by a Medium of laſt three years will make25267
Duties on Mault, Mum and Cyder, have been con⯑tinued from year to year for ſeveral years paſt, and are computed at650000
Memorandum, in moſt Years this Fund proves deficient. 
XIId. per Buſhel on Salt granted 5 W. and M. in per⯑petuity, is appropriated till the firſt of August 1710, towards payment of Debts and Incumbrances (ex⯑cluſive of Draw-backs for Salt and Fiſh exported) by the produce of the laſt year may be reckoned.54621
[36]28 d. per Buſhel on Salt granted 9o W. in perpetui⯑ty towards payment of Annuities after the rate of 8 per Cent. to the Traders to India by a like Com⯑putation.128038
Rent of Hackney Coaches being 4 l. per Annum each, for 7000 Coaches continues for the reſidue of a Term of 21 Years, from Midſummer 1694, is ap⯑plyed to the Service of the War, and amounts to28000
Licences to Hawkers and Pedlers continued to 24th June 1710, are appropriated towards paying off Loans with Intereſt, and by a Medium of three Years is6460
Stamp Duties on Vellom, Parchment and Paper, part whereof continues till the firſt of August 1710 and is appropriated for re-payment of Loans, the other part is granted in perpetuity towards pay⯑ment of Annuities to the Traders to India by a Medium of 3 years, (excluding Allowances for prompt payment) have produced.89110
The Duties on Windows continued to the 1st of August 1710, for re-payment of Loans and other Debts, produce about112069
The Aid of IIII ſh, in the Pound on Land, &c. for the preſent year, is Aſcertain'd at1997763 3. 4½
 5000599. 3. 4½
Total of the Incomes and Revenues.5691803 3. 4½

Memorand. The Revenues of the firſt Fruits and Tenths by an Act of the 1st of Queen ANNE, were granted for Support of the Civil Government, but are not computed here; becauſe they have been ſince given in perpetuity for the Augmentation of the Main⯑tenance of the poor Clergy: and alſo the Money ariſing by Prizes with the Perquiſites of Admiralty, which have been both applyed to the uſes of the War, are not inſerted in this Computation, becauſe the ſaid Prizes ceaſe with the War, and the Lord high Admiral hath relinquiſh'd his Droits of Admiralty for no longer time than the War laſts.

Appendix B.2.19 No T x.

[37]
A STATE of the DEBTS of the King⯑dom of England. Viz. Principal Money Borrowed on the ſeveral Funds under⯑mentioned, which remain at this time unſatisfied, that is to ſay,
 Lib.ſh.d.
On ¾ths Cuſtoms granted 3 W. & M.2105651
Additional Impoſitions eod. anno.1124741910½
Firſt 1111 ſh. Aid 4 W. & M.17500  
2d. quarterly Pole 5 W. & M.34565131
Stamp Duties eod. anno6694978½
Third 1111 ſh. Aid 6 W. & M.5360373
Duties on Marriages, &c. eod. anno.625164 
Fourth 1111 Aid 7 W.103039 8
Theſe are provided for by an Act of the 8th. W. which continues ſeveral Funds therein mentioned to the 1ſt of Auguſt 1706.4717041711½
There alſo remains to Diſcharge the Exchequer Bills, iſſued by virtue of ſeveral Acts of Parliament (o⯑ver and above 230000 l. computed to be due for Intereſt (the principal Sum of53406298
To ſatisfie Loans on the 111 ſh. in the pound grant⯑ed 8 W. (over and above 169000 lib. by Com⯑putation for Intereſt) the principal Sum of423098183
To ſatisfie Loans on the Duties on Paper, Vellom, &c. granted for two years, from the firſt of March 1696 anno octavo Willielmi beſides 6160 lib. By Computation for Intereſt, the principal Sum of15400  
To Diſcharge the Mault Tickets iſſued 8 W. beſides (l. 254554 for 6 years Intereſt) the principal Sum of579000  
To ſatisfie Loans transferr'd to the Duties on Leather, granted 8 W. for 3 years from 20 April 1697 (be⯑ſides about 105000 lib. for Intereſt) the princi⯑pal Sum of504438  
[38]To ſatisfie Loans on the quarterly Pole, granted 9 W. (beſides about 73000 lib. for Intereſt, the prin⯑cipal Sum of22677017 
To ſatisfie Loans on the 111 ſh: in the pound grant⯑ed 10 W. beſides about 5200 lib. for Intereſt) the principal Sum of31271063 ½
To compleat the payment wanting at Michaelmaſs 1701 on the yearly Sum of 160000 lib. intended to be paid by the Act 9 W. out of certain Duties on Salt, and Stampt Vellom to the Traders to India.70872111 ½
Total of the principal Sum238491424 ½
And the ſeveral Computations of Intereſt at this time due as above-mentioned amount to914  
Theſe are provided for by an Act, 1 Annae by conti⯑nuing ſeveral Funds therein-mentioned to the firſt of Auguſt 1710.322782824
There is further owing on the following Fund, viz. On Low Wines, &c. Granted 13 W. for 5 years the principal Sum of6674103
Duties on Coals, &c. 2 Annae for 5 years from 14, 17032357204 
⅓ Tonnage and Poundage eod. anno for 3 years5523646
⅔ Ditto 3 Annae for 4 years from 8 March 17045459574½
Low Wines, &c. eod-anno until 1710.692000  
Theſe are Debts on Funds not yet expired, and which are reckoned ſufficient to ſatisfie the ſame.153558829½
And,   
On Duties on Coals granted 9 W. for 5 years.16000  
2 ii ſh. Aid 11 W.1273368
⅔ iii ſh. Aid 12 W.975312 
6 1111 ſh. Aid 1 A.423995 
Subſidys or Capitation Duties eod. Anno1738497
The Money reſting unſatisfied on De⯑bentures, &c. were charged on the Iriſh Forfeitures about960000  
Theſe are Deficiencies not yet provided for by Par⯑liament.1058270133
Other Incumbrances, viz.   
The 9 d. per Barrel Exciſe, which was granted for [39]99 years from the 25th Jan. 1692, is Charg'd with 124866 lib. per annum for Annuitys, for which there was contributed 1492379 lib. 7 ſh. and there being now about 13 years expired, the Re⯑mainder of the Term may be eſtimated to be a preſent Incumbrance of148455 
The ſame IX d. p. Barrel is alſo charged with 7567 lib. per ann. for Annuities to the Contributers of 108100 lib. on the advantage of Survivorſhip till the number of the Survivors be reduc'd to ſeven, and then the ſhare or ſeventh part of each of them as they die to revert to the Crown: This Eſtate has an uncertain Termination, but may be recko⯑ned equal to a Term of thirty years, and ſo be an Incumbrance of about104149  
The IX d p. Barrel Exciſe granted in perpetuity, is Charg'd to wit 2/7 parts thereof with l. 100000 per an⯑num to the Bank of England for 1200000 advan⯑ced by them, this is redeemable on payment of the ſaid Principal Sum, as in the Act is mentio⯑ned.1200000  
And the remaining 2/7ths is charged with 15336 lib. 13 6 per ann. for 176744 l. 1 ſh. 9. Contributed for thoſe Annuitys which were at firſt purchas'd for one Life, and afterwards turn'd into Eſtates certain for 90 years, from 25 Jan. 1702. Which by reaſon of the ſmall time elaps'd may ſtill be reckoned an Incumbrance of176000  
And with the Sum of 20030 lib. 1 ſh per ann. for ſuch of the Contributers of 170917. 2. 3. for An⯑nuitys for 2 Lives as are now in being, and abat⯑ing out of the ſaid Contribution Money, ſo much as was paid for Annuitys ſince fallen, the reſt is an Incumbrance of16691723
And alſo with 2093 10 4 per ann. to ſuch of the Contributers of 21235 lib. 4. for Annuitys for 3 Lives as are now in being, and abating out of this Contribution, ſo much as was paid for Annuitys of 30 lib. ſince fallen, there reſts an Incumbrance of20935 4
The IX d. p. Barrel Exciſe granted for 16 years, from the 17 May 1697, is charg'd with the payment of 140000 lib. per annum, upon Tickets common⯑ly called the Million Lottery Tickets, for the re⯑ſidue [40] of a Term which expires at Michael. 1710. And the ſaid Annuity being valued for the 4 years and ½ yet to come, at a Rebate of 6 per Cent. per ann. compound Intereſt is worth538185  
The 28 d. per Buſhel on Salt, and the Additional Stamp Duties are granted in Perpetuity, and charg'd with the payment of 160000 lib. per An⯑num to the Traders to India, for 2 Millions advan⯑ced to the Publick, and is redeemable by Parlia⯑ment upon paying the ſaid.2000000  
The 3700 Lib. a Week payable out of the Heredita⯑ry and Temporary Exciſe is charg'd with 39855 Lib. 16 [...] per Ann. for Bankers and o⯑thers, who lent 1328526 Lib. to King Charles the 2d, redeemable by Parliament upon Payment of a Moiety of the ſaid Principal, which is664263  
And with 104745 Lib. 10 6½ per Ann. for 1569664 Lib. 18 6 contributed for Annuities for 99 Years from Lady Day 1704.1569664186
And alſo with 46000 Lib. per Ann. to the contri⯑buters of 690000 lib. for Annuitys for 99 years from Xmaſs 1705.690000  
The ⅓ Subſidy from 8 March 1706, and the 9 d. per Battel Exciſe (at preſent applicable to the payment of the Million Lottery Tickets) with an Additi⯑onal Supply till thoſe Funds come in, are charg'd with 184242 l. 14 ſh. per Ann. to the Contributers of 2855761 lib. 16 ſh. 2 d. for Annuitys for 99 Years from Lady-day 17062855761162
 1147045111
Total17763842173 [...]

Memorand. That nothing is inſerted in this Accompt as a Debt on any Land-Tax, or Mault-duty, which are Annual Grants, ex⯑cept where any of them have prov'd Deficient.

Memorand. There is a Claim made by the Aſſignee of the Earl of Kinoul of 17250 lib. out of the 4 and ½ per Cent. on Account of Arrears on an Annuity of 1000 lib. incurr'd before Her Majeſties Acceſſion to the Crown.

Appendix B.2.20 No U. x.

[41]
A STATE of the Publick Revenue of Scot⯑land, as it now is, and may amount to.
 Lib.ſh.d.
The Exciſe on Ale and Beer is 2 ſh. Sterlin per Scotch Gallon, and now Farm'd for 33500 lib. Sterlin, and if exacted in the ſame manner as in England, may amount to50000  
The Cuſtoms have been Lett at 34000 lib. and are now in time of War Lett for 28500 lib. with a Condition in the Leaſe, That, upon a Peace, the Lords of the Treaſury may Lett a new Leaſe, and may amount to50000  
The Crown Rents about5500  
The Caſualitie of Superiorities and Compoſitions at the Exchequer communibus annis about3000  
The Poſt-Office Farm'd at 1194 lib. but if collected, may amount to2000  
The Impoſitions for Coynage1500  
Land Tax is now 36000 Pounds, and to make it e⯑qual with the iiii per Pound in England, 'tis pro⯑pos'd to be48000  
 160000  

The Debts due to the Army, Civil Liſt, and other Charges of the Government, about160000  

Appendix B.2.21 No W x.

[42]
An Account of the Neat Annual Produce of the Cuſtoms in England, from a Medium of 3 years ended at Michael⯑maſs 1705. With the reſpective Times or Terms, for which they have Continuance; and the Uſes for which they are ſeverally appropriated or applyed, viz,
 Neat Money p. Ann.
For the Civil GovernmentL.ſh.d.
Cuſtoms and Subſidys of Tonnage and Poundage granted 1o Annae during Her Majeſties Life253514  
Several Branches not appropriated to the payment of Debts, viz.   
25 per Cent. Additional Duty on French Goods for the Remainder of a Term of 21 years from 28 Febr. 1696. is applyed towards the Service of the War.10794  
Coynage Duties continues to the firſt June 1708, and is appropriated to the Ʋſes of the Mint.7350  
4/2 per Cent. in ſpecie from Barbadoes and the Leward Iſlands is perpetual, and applyed purſuant to an Addreſs of the Houſe of Commons towards the ſupport of thoſe Iſlands ſubject alſo to an Annuity of 1000 lib. per Annum, To the Heirs and Aſſig⯑nes of the Earl of Kinnoul.6459  
Plantation Duties upon particular Commodities car⯑ried from one Plantation to another 25o Caroli 2. made perpetual not appropriated to any particu⯑lar Ʋſe.877  
Theſe undermentioned are appropriated for payment of Debts, till firſt Auguſt 1710. Tho the ſaid Debts Charg'd thereon, will by Computation be paid off ſooner.25480  
[43]The Subſidy of Tonnage and Poundage granted 12o Car. 2di.292139  
Impoſitions on Wines and Vinegar grant⯑ed 2o Ja. 2di.113918  
Impoſitions on Tobacco Ditto100338  
Impoſitions on Eaſt India Goods Ditto150899  
Additional Impoſitions on ſeveral Goods and Mer⯑chandizes 4o Will38548  
Several Impoſitions and Duties on Whale Finns, and Scotch Linnen. 9o Will:106219  

Other appropriated Branches.   
15 per Cent: On Muſlings, &c: granted by ſeveral for⯑mer Acts where by an Act 3o Annae continued to 24 June 1710, and by that Act doubled and ſeveral new Duties thereby granted from Febr. 1704, to the ſaid 24 June 1710. And made a Fund for Borrowing l. 700000 at an Intereſt of 6 per Cent. per Annum. and ſo much of the ſaid Duties as is under the Mannagement of the Commiſſioners of the Cuſtoms, was eſtimated in Parliament, to a⯑mount to about per Ann.116475  
⅔ Additional Tonnage and Poundage 3o An. for 4 years from 8 March 1704, are appropriated for re-payment of Loans not exceeding 636957 lib. 4 0½ with Intereſt after the Rate of 6 per Cent. per annum. And by an Act 4o An. Continued towards payment of Annuitys, till 30th September 1710. By the neareſt Computation that can yet be made, will produce at leaſt.160000  
⅔ Tonnage and Poundage granted, 2o An. for three years from 8 h. March 1703. And thereby made a Fund of Credit for 300000 lib. at an Intereſt af⯑ter the Rate of 5 per Cent. per annum. Afterwards, 4o An. Continued for 98 years from 8th. March 1706. Together with IX d per Bartel Exciſe appro⯑priated towards payment of 184242 lib. 14 ſh. per annum in Annuitys, a Medium of the Produce there⯑of in the 3 years ended at Michaelmaſs, 1705, is79619  

[44] Totals for the Civil Government253514
Unappropriated25480
Appropriated for Debts to 24 June 1710116475
For other Debts till 1ſt. Auguſt 1710706471
For Ditto till 30 September 1710.160000
For 98 years from 8 March 1706.79619
Total per Annum.1341559

Duties on Coals, Culm, and Cynders, by an Act 1 An. Continued from 14th May 1703, to 15th May 1708. And thereby charg'd with 500000 lib. and Intereſt by another Act 4o An. continued to 30th September 1710. And appropriated towards payment of Annuitys, thoſe Duties are collected at the Cuſtom-houſe, and by a Medium of three years ended at Michaelmaſs 1705. are per annum about110958

Appendix B.2.22 No X x.

An Account of the Proportions which the preſent Cuſtoms of Scotland do bear to the ſeveral Branches of that Revenue in En⯑gland, excluſive of the Encreaſe that may ariſe by the higher Duties, or greater Importations after the Union.
 Lib.ſh.d.Lib.ſh.d.
 Engliſh CuſtomsScotch Cuſtoms
 1341559  30000  
 Proportions,
For the Civil Govern⯑ment253514  5669  
Ʋnappropriated as to any Debts25480  570  
[45]Appropriated for Debts till 24th June 1710.116475  2605  
Till 1st. Auguſt 1710706471  15798  
Till 30th. September 1710160000  3578  
For 89 Years from 8th. March 1706.79619  1702  
    23761  
 1341559  300 [...]0  
An Account of the neat annual Produce of the Exciſe on Beer and Ale in England, from a Medium of three Years, end⯑ing at Michaelmaſs 1705, with the reſpective Times or Terms, for which the ſeveral Branches thereof have continu⯑ance, and the uſes to which they are ſeverally appropriated, or applyed, viz.
For the Civil Government. 
2 ſh. and 6 d. per Barrel on Beer, Ale, &c. 15 d. whereof is to continue during Her Majeſties Life, and the other 15 d. is hereditary, theſe during Her Majeſties Life are appropriated towards defray⯑ing the Charge of the Civil Government, after a Deduction of 3700 lib. a Week appropriated there⯑out, for payment of Annuitys, and by a Medium of 3 years ended at Michaelmaſs 1705. The neat Produce into the Exchequer over and above the ſaid 3700 lib. a Week will be269837
For Annuities and other publick Debts. 
3700 lib. a Week to be taken out of the hereditary and temporary Exciſe during Her Majeſties Life, and afterwards out of the hereditary part for ever; is appropriated for payment of 
L. 39855. 16. ½ per ann. to Bankers and others for Intereſt, after the rate of l. 3. p. Cent for 1328526 l. lent to King Charles the 2d. redeemable on pay⯑ment of a Moiety of the ſaid Principal, being 664263 l. and for payment of 
[46]L. 104742 l. 10 ſh. 6½ p. Annum, for 99 years from Lady-day 1704, for 1569664 lib. 18 ſh. 6 d. con⯑tributed for Anniuties. 
L. 46000 per Ann. for 99 years from Xmaſs 1705, for 690000 lib. purchaſs-money contributed for An⯑nuities. 
190598 6 7. and the reſt for Charges in paying the ſaid Annuitys. In all192400
IX d. per Barrel Exciſe granted 4 W. for 99years from 25 January 1692, is charg'd with 124866 l per Annum for Annuitys, for which there was con⯑tributed 1492379 l. 7 ſh. and with 7567 l. per an⯑num, for 108100 l. advanced for Annuitys on the Advantage of Survivorſhip by a Medium of the neat Produce into the Exchequer in the ſaid three years, is150106
Another IX d. p. Barrel 5 W made perpetual, is ap⯑propriated as follows, viz.

Thereof for payment of 100000 lib. per annum, to the Bank of England for 1200000 lib. advanced by them, which is redeemable on paying the prin⯑cipal Sum, as in the ſaid Act is mentioned. And, With 15336 lib. 03. 6 er annum for 176744 lib. 1. 9 Contributed for Annuitys, which were at firſt purchaſed for ſingle Lives, and afterwards turn'd into Eſtates certain for 89 years from 25th Jan: 1702.

 
And alſo with 200 30 lib. 1 ſh. per annum, for 170917 lib. 2 ſh. 3 d. advanced for Annuity for two Lives. 
And alſo with 2093 lib. 10 ſh. 4 d. p. annum for 21235 l. 4 ſh. Contributed for Annuitys, for three Lives, the produce of the IX d. by a Medium of the ſaid 3 years is150094
And one other IX d. per Barrel for 16 years from 17 May, Continued 40 A from 17th. May 1713. for 95 years; is appropriated for paying 140000 lib. per annum on Million Lottery Tickets for the re⯑mainder of a Term of 16 years, which will end at Michael: 1710, and afterwards towards paying Annuitys amounting to 184242 lib. 14 ſh. p. ann. purchas'd for 99 Years from Lady-day 1706. The neat produce of this IX d. (which contains ſome Additional Dutys on Brandy, &c. not granted [47] by the two former Acts) from a Medium of the ſaid three years is159898
Low Wines and Spirits of the firſt Extraction, con⯑tinued by an Act 4 Ax from 25th. March 1706 to 24th. June 1710. are appropriated towards re⯑payment of 700000 lib. authoriz'd to be borrow⯑ed as well upon Credit of theſe Duties as upon an Additional Duty of 15 lib. p. Cent. on Muſlines, &c: The neat Produce hereof by a like Medium is,25267
Total677765
Out of which to be deducted, ſo much as by the a⯑foregoing neat Produce will be more than ſuffici⯑ent to pay the above-mentioned Annuitys, viz.  
A Superplus of the IX d. p. Barrel for the remain⯑der of 99 years from 25the Jan. 1692.17673 
A ſuperplus of the IX d. for the Bank and others.12634 
A ſuperplus of the Lottery IX d. continu⯑ed for Annuitys with the ⅓ d. Subſidy of Tonnage and Poundage.55274 6
All which are unappropriated and amount to85581 6
And then the Total of the ſeveral Branches of Ex⯑ciſe appropriated for payment of Debts is p. ann.592183 14

Appendix B.2.23 No Y x.

[48]
An Account of the Proportions which the preſent Exciſe upon Liquors in Scotland doth bear to the ſeveral Branches of that Revenue in England, excluſive of the Encreaſe that may ariſe by the higher Duties, or greater Conſumption after the Union.
 Lib.ſh.d.Lib.ſh.d.
 Engliſh Exciſe p. Ann.Scotch Exciſe p. An.
 947602.  33500  
 Proportions
For the Civil Government269837.  9539.  
Superpluſages unappro⯑priated85581.6. 3025.  
Appropriated for Debts.      
L. 3700 a Week for payment of Annuities for 99 years and in perpetuity redeem⯑able by Parliament.1924006802    
X d. per Barrel for the Re⯑mainder of 99 years from 25 Jan. 1692.1324334682    
IX d. per Barrel for the Bank, &c.1374604861 20936  
IX. d. per Barrel for payment of Lottery Tickets, and af⯑terward for Annuitys.10462314369   
Low Wines till 24 June 171025267893    
 947602  33500  

Appendix B.2.24 No Z x.

[49]

If the Cuſtoms of Scotland, now Lett at 30000 Lib. per Annum, according to the Stating of the Equivalent, do's contribute Annually, viz.

TowardsPayment of the Debts of England23761
Civil Liſt5669
The general Expence or Charge of the Nation570
  30000

Every 1000 Lib. Encreaſe on the ſaid Cuſtoms will contribute to the a⯑foreſaid Services, viz.

TowardsPayment of the Debts of England792
Civil Liſt189
The general Expence of Charge of the Nation19
  1000

If the Exciſe of Scotland now Lett at 33500 Lib. per Ann. according to the Stating of the Equivalent, do's contribute Annually, viz.

TowardsPayment of the Debts of England20936
Civil Liſt9539
The general Expence or Charge of the Nation3025
  33500

Every 1000 Lib. Encreaſe on the ſaid Exciſe will contribute to the afore⯑ſaid Services, viz.

TowardsPayment of the Debts of England625
Civil Liſt285
The general Expence or Charge of the Nation90
  1000

In purſuance of the Order of the Lords Commiſſioners of both Kingdoms, on the 22d. Inſtant, for ſigning the Books of Journals, the ſame are accordingly Sign'd this 25th. Day of July 1706, By us

  • David Nairn.
  • Geo. Dodington.

Appendix B.2.25 No A. x x.

[50]
Appendix B.2.25.1 OVERTURE Concerning the Debts of the African and Indian COMPANY.

ORDERED, That the Directors of the African Company, ſhall be⯑twixt and the day of next, Frame and State a particular Accompt of all the Monies advan⯑ced by the Proprietors of the ſaid Company, with the Annualrents of the ſamen, from the reſpective Terms of payment to the firſt of May next, which Accompt ſhall bear the Names and Deſignations of the ſeveral Proprietors, and the place and page of the Book or Books, out of which the ſamen is Extracted.

As alſo, That the ſaid Accompt ſhall bear all the Transfers that have been made, and marked in the Companies Books, by any of the Pro⯑prietors, with the Names and Deſignations of the Aſſigneys, and mark alſo the Book and Page out of which theſe are Extracted.

Ordered, That the ſaid Directors ſhall alſo frame and ſtate an parti⯑cular Accompt of the Debts due by the ſaid Company, with the An⯑nualrents thereof (where the Debts bear Annualrent) that ſhall be reſting at the firſt day of May next: Which Accompts ſhall bear the Names and Deſignations of the Creditors, and the Books and Pages out of which they are Extracted.

Ordered, That the Directors of the ſaid Company do alſo make an Inventary of the Books belonging to the ſaid Company, containing the Titles and Numbers of the ſaid Book, and alſo an account of all the Effects belonging to the ſaid Company.

Ordered, That the ſaid Accompts, and Inventary of Books and Effects above-mentioned, being ſubſcribed by the Preſes of a Quorum of the Directors, and the Secretary or Clerk to the ſaid Company, ſhall be delivered in to the Lord Clerk Regiſter to lie in the Records; and that the ſaid Lord Clerk Regiſter ſhall be obliged to give all the Proprietors, and Creditors to the ſaid Company, mentioned in the ſaid Accompts, their Aſſigneys and others having Right from them, Extracts ſubſcribed by him, or Deputs appointed by him for that ef⯑fect, of the ſeveral ſhares of Stock and Intereſt, and Debts ſtated in the ſaid Accompt, and that gratis.

Ordered, That there be a Warrant granted by the Parliament for [51] ſummar Diligence by Horning and Caption againſt the Directors of the ſaid Company for framing, ſtating, and giving in the ſaid Ac⯑compts, and Inventary of Books and Effects ſubſcribed as above-mentioned.

Ordered, That the Books and Vouchers of the Company be exhibited to the Commiſſioners to be named by Her Majeſty, for diſpoſing of the Equivalent, or any appointed by them, as oft as they ſhall ſo require. And that the Clerks, and all Havers of the ſaids Books and Vouchers may be called ſummarly by the ſaids Commiſſioners for Exhibition before themſelves; and if need beis, Letters of Horn⯑ing be direct upon their Warrant for that effect: And alſo, that the Lord Clerk Regiſter, and the ſaid Commiſſioners, or any by them appointed, ſhall not only have free acceſs to inſpect, but Liberty to Copy theſe Books, or any part thereof, as they ſhall think fit, to the end, that the ſaids Accompts, and Inventars of Goods and Books may be compared with the ſaid Books.

Ordered, That the Sum to which the ſaid Accompts of Stock and Debts with their Annualrents ſhall amount, not exceeding the Sum of two Hundred Fourty Three Thouſand one Hundred ſixty ſix lib, 3 ſh. ſterl. ſhall be by the Commiſſioners to be named by Her Majeſty for applying of the Equivalent, conform to the Articles of the Ʋni⯑on, conſigned in the Hands of a Caſh keeper, one or moe, to be named by Her Majeſty for that effect, to be diſtributed to the ſeveral Proprietors, Creditors to the Company, and others having Right from them, according to their reſpective ſhares ſtated in the ſaid Accompts and Books to which they relate.

Ordered, That the ſaid Caſh-keepers, one or moe to be named in manner foreſaid ſhall find Caution at the ſight of the Commiſſioners to be named by Her Majeſty for applying of the Equivalent in the terms, and to the effect the Caſh-keepers of the African Company for⯑merly did find Caution.

Ordered, That how ſoon the ſaids Commiſſioners for diſpoſing the Equivalent, ſhall receive the Sum of lib. 398085. 10 ſh. which is to be payed to Scotland by the 15th Article of the Treaty of Ʋnion of the Kingdoms of Scotland and England, or ſo much thereof as may anſwer to the Damnage that private perſons may ſuſtain by rectifying the Coyn of this Kingdom, and to the Sum to which the Capital Stock, Debts of the ſaid Company, and Intereſt thereof ſhall amount to, conform to the ſaid Accompts; That then the ſaid Commiſſio⯑ners ſhall be obliged, and are hereby ſtrictly required furthwith, and without delay to conſign the ſaid Sum, Principal and Intereſt con⯑tained in the ſaid Accompts, in the Hands of the Caſh-keepers, one or moe to be appointed as above.

Ordered, That in caſe the ſaid Commiſſioners for diſpoſing the E⯑quivalent, ſhall delay or poſtpone to conſign as above appointed, ſum⯑mar [52] Diligence ſhall be allowed againſt the ſaid haill Commiſſioners, in ſolidum, by Horning and Caption, whereof no Suſpenſion ſhall paſs by any Judge or Judicatory, but upon Conſignation or Per⯑formance as aforeſaid.

Ordered, That the ſaid Diligence ſhall be raiſed and execute againſt the ſaid Commiſſioners, at the Inſtance of any perſon to be named be⯑tween and the ſaid day, by the Council and Directors of the ſaid Company.

Ordered, That how ſoon the ſaid-Sum of lib. 398085 10 ſh. sterl. mentioned in the foreſaid Article of the Treaty, ſhall be payed in to the Commiſſioners, or ſo much thereof as will be needful for repair⯑ing the Loſs in reducing the Coin of this Kingdom to the Standart of England, and refounding the ſaid Capital Stock, Debts and Annual-rents to the ſaid Company, conform to the above Accompt. That im⯑mediately thereafter a Proclamation of Council be iſſued intimating the ſame.

Reſolved, That the ſaid Caſh keeper, one or moe their Receipt or Diſcharge of the ſaids Sums contained in the ſaid Accompts, ſhall be a ſufficient Exoneration to the Commiſſioners for diſpoſing of the E⯑quivalent. And that the ſaid Diſcharge be by the ſaid Commiſſio⯑ners immediately after the ſame is granted, given in to be regiſtrate in the Books of Council and Seſſion, and that an Extract of the ſaid Diſcharge be furthwith preſented by the ſaid Commiſſioners to the Privy Council, and that thereupon the Privy Council ſhall immediate⯑ly iſſue a Proclamation to be publiſhed at the Head-burghs of the ſeve⯑ral Shires, intimating that the ſaid Sums are conſigned in the ſaid Caſh-keepers hands.

Ordered, That after the foreſaid Money ſhall be paid in to the ſaid Caſhier to be diſtributed and paid in manner foreſaid, That the whole Books of the Company according to the Inventary appointed to be made in manner above-mentioned ſhall be delivered to the Lord Clerk Regiſter to lye in the Records, and to be made patent to the ſaids Commiſſioners to be named by Her Majeſty for diſpoſing of the Equivalent, and all others having Intereſt.

Ordered, That after the ſaid Proclamation, the Caſhiers one or moe ſhall be bound, and are hereby ſtrictly ordered and required, To make ready and effectual payment without abatement to the Proprietors and Creditors of the ſaid Company, their Aſſigneys and others ha⯑ving Right from them of their reſpective Stocks and Debts, and Inte⯑reſt of the ſame, as contained in the Accompts above-mentioned, or Extracts thereof upon valid Diſcharges bearing abſolute Warrandice.

Ordered, In caſe the ſaid Caſhier or Caſhiers ſhall delay making due and ready payment to the ſaid Proprietors and Creditors above-men⯑tioned of their reſpective Shares, Then the ſaid Proprietors or Credi⯑tors, and others deriving Right from them, ſhall upon an Extract of [53] a Particle of the ſaids Accompts in ſo far as concer [...]r the ſaid particu⯑lar Proprietors or Creditor, or upon the Receipts formerly granted by the Caſhiers of the ſaid Company, have Letters of Horning and all other Execution as is allowed upon forreign Bills of Exchange a⯑gainſt the ſaid Caſhier or Caſhiers, and his or their Cautioner.

Ordered, That the ſaid Caſhier or Caſhiers ſhall keep an exact Ac⯑compt of all the payments they make, and inſert the ſame in a Book for that effect all the particular Receipts and Diſcharges which they ſhall get from the Proprietors and Creditors, or others foreſaid.

Ordered, That for preventing Frauds and Abuſes, that none of the Commiſſioners of the Equivalent, or the Caſhier or Caſhiers afore⯑ſaid ſhall by themſelves or others in their name, or to their behoof, make any Bargain or Tranſaction for any Share of the ſaid capital Stock or Intereſt directly or indirectly, and that under the pain of Ʋſury and Infamy.

Ordered, That the Debts due to the African, &c. Company by the Proprietors on account of the Moieties called for and not paid in, or on Account of their Subſcription, Money be diſcharged.

Ordered, That the Effects belonging to the Company to be con⯑tained in the foreſaid Inventary upon paying in the foreſaid Sum an⯑ſwerable to the Capital Sum advanced by the Proprietors of the A⯑frican Company, and to the Debts due by the ſaid Company, and to the Intereſt of the ſaid Capital Stock and Debts, conform to the Ac⯑compts appointed to be made of the ſame to the Caſhier to be named for the effect in manner above-written, ſhall belong to Her Majeſtly, and be applyed by the foreſaid Commiſſioners of the Equivalent, to the ſame Ʋſes to which the other Sums to be paid to Scotland conform to the foreſaid 15th Article are appointed to be applyed.

Reſolved, That an Act be brought in, warranding and appointing Diligence to paſs in the terms of the above Orders, againſt the Com⯑miſſioners of the Equivalent and the Caſhiers aforeſaid, as alſo prohi⯑biting and diſcharging the ſaid Commiſſioners or Caſhiers to make any Bargain or Tranſaction for any part of the Capital Stock or Intereſt of the ſaid Sum as above-mentioned.

Appendix B.2.26 No B x x.

[54]
Appendix B.2.26.1 A PROCLAMATION. Againſt all Tumultuary and Irregular Meet⯑ings and Convocations of the Liedges.
ANNE by the Grace of GOD, Queen of Great-Britain, France, and Ireland, Defender of the Faith:
To Our Lyon King at Arms, and his Brethren Heraulds, Purſevants, Macers, and Meſſengers at Arms, Our Sheriffs in that Part, conjunctly and ſeverally, ſpe⯑cially Conſtitute, Greeting:

Foraſmuchas, albeit the raiſing of Tumults, and making Convocations within Burgh, and the Riotous and Diſ⯑orderly Aſſembling and Continuing in Arms, thereby Inſulting the Magiſtrates, and hindring them in the Execution of their Office, and hindring of the common Law, be contrary to ſundry Laws and Acts of Parliament, as well as deſtructive of the Ends of Govern⯑ment, and particularly to Parl. 14. Cap. 77. Ja. 2. Ja. 4. Parl. 3. Chap. 34. Ja. 6. Parl. 18. Chap. 17. As alſo the riſing in Arms, Con⯑vocating Our Leidges in the open Fields, and Marching in formed Bodies armed through the Countrey, and entring into Our Royal Burghs boden in Fier of Weir, and entring into Bonds, Leagues, and Aſſociations, for proſecuting illegal and unwarrantable Ends, be, by ſeveral Laws and Acts of Parliament, Declared to be open and ma⯑nifeſt Treaſon, and the Committers, Abbetters and Aſſiſtants in ſuch Crimes and Practices, ought to be proſecuted, and may be puniſhed as Traitors to Her Majeſty and Her Government; and particularly by Parl. 2. Ja. 1ſt. Chap. 37. Ja. 2. Parl. 6. Chap. 14. Ja. 6. Parl. 12. Chap. 144. Cha. 2. Parl. 1ſt. Seſſion 1st. Chap. 3. Yet nevertheleſs We and our Eſtates of Parliament are certainly informed, that in ſe⯑veral Corners of the Realm, and particularly in Our Burgh of Glaſ⯑gow, and other places within the Sheriffdom of Lanerk and in Our Burgh of Dumfries, and other places adjacent, People have preſum⯑ed, in manifeſt Contempt of the foreſaid Laws, to aſſemble them⯑ſelves in open Deſyance of Our Government, and with manifeſt Deſign to overturn the ſame, by inſulting the Magiſtrates, Attacking and Aſſaulting the Houſes of Our peaceable Subjects continuing open⯑ly in Arms, and marching in formed Bodies through the Countrey, and into Our Burghs, and inſolently burning, in the face of the Sun, and preſence of the Magiſtrates, the Articles of Treaty betwixt Our [55] two Kingdoms, entred into by the Authority of Parliament, and even after the ſaid Articles had been preſented to Us, and were un⯑der the Conſideration of Ʋs and Our Eſtates preſently ſitting in Parliament, and ſome Progreſs made thereupon; And ſuch Crimes and Inſolencies being no ways to be Tolerated in any well governed Nation; But on the contrary, ought to be condignly puniſhed con⯑form to the Laws above-mentioned, and other Acts of Parliament made thereanent, eſpecially if perſiſted and continued in after Our Diſpleaſure therewith ſhall be made known: Therefore, We with Advice and Conſent of the Eſtates of Parliament, peremptorly Re⯑quire and Command all, and every perſon who have aſſembled them⯑ſelves in manner above-mentioned, to lay down their ſaid Arms, and diſperſe themſelves, and peaceably and quietly to Retire, and be⯑take themſelves to their ſeveral Habitations and Employments; And We with Advice foreſaid, Prohibite and Diſcharge any Aſſembling or Convocating in Arms in manner foreſaid, under the pains contained in the Acts of Parliament above-mentioned, Certifying all that ſhall be Guilty Actors, Abbetors, or Aſſiſtants in Convocating or Aſſem⯑bling in Arms, or theſe who ſhall Convocat and commit theſe Practi⯑ces above-mentioned, ſhall be Treated and Purſued as open Traitors & the pains of Treaſon execute upon them accordingly; And in caſe any of Our People ſhall dare to be ſo Preſumptuous, after publication of the Premiſſes, to Aſſemble or continue in Arms; We hereby Require and Command the Sheriffs of Our ſeveral Shires, Stewarts of Stewartries, Baillies of Regulities and Baronies, Magiſtrates of Burghs, and other Officiars of Our Law, Officers of Our Forces, and Troops under their Command, to paſs upon, diſperſe & ſubdue the ſaid Convocation by open Force, and all manner of Violence, as Enemies & open Rebels to Ʋs and Our Government; And in caſe any Slaughter, Blood, Bruiſes, or Mutilation ſhall happen to be done, and committed by Our ſaid Sheriffs, and Officers of Our Forces, and other Magiſtrates foreſaid, or perſons under their Command; We with Advice foreſaid, do do hereby fully Remit, Pardon and Indemnifie the ſame, and diſ⯑charge the Proſecution thereof Civilly or Criminally in all time com⯑ing. Our Will is herefore, and We charge you, that ye paſs to the Mercat-Croſs of Edinburgh, and the Mercat-Croſſes of Dumfries, Lanerk and Glaſgow, and other places needful, and there make Pub⯑lication hereof, by open Proclamation of the Premiſſes, that none pretend Ignorance. And Ordains theſe preſents to be printed, and Our Solicitors to ſend Copies hereof to the Magiſtrates of the reſpec⯑tive Burghs above-mentioned for that effect.

Extracted furth of the Records of Parliament, by JA. MƲRRAY, Cls. Reg.

GOD Save the Queen.

Appendix B.2.27 No C x x.

[56]
Appendix B.2.27.1 MEMORANDUM For the Honourable Eſtates of Parliament.

PRimo, It is humbly intreated, That in caſe the Ʋnion be con⯑cluded, that for preſerving the Peace of the Nation and Re⯑dreſſing of Grievances of the Church, the Privy Council may be continued, or ſome Court Eſtabliſhed for judging in ſuch Caſes as were formerly judged by the Council, and this Church may correſ⯑pond with them for Faſts and Thankſgivings. Secundo, The Intereſts of diverſe Heretors, as well as the Exigents of the Church will require, that there be ſome fixed Court to do the Work of the Commiſſion for Plantation of Kirks and Valuation of Teinds, which is the more ne⯑ceſſary, in reſpect of the great prejudice the Church has ſuſtained for want thereof, and that this Court be impowered to make up the Re⯑giſters of the Commiſſions of former Parliaments that were burnt in the great Fire in Edinburgh. Tertio, Seeing the Terms of an Oath ſhould be clear, that it may be taken in Truth, in Righteouſneſs and Judgment; It is deſired, That if the Engliſh Abjuration Oath be re⯑quired of Scots-Men, the Words may be made plain and clear with⯑out reference to Engliſh Statutes, which are not known here, and that what the Taker of the ſaid Oath is to be obliged to, be expreſly inſert in the ſaid Oath, and that the ſame be agreeable to our known Prin⯑ciples. Quarto, Seeing upon the event of an Union there ought to be a Commuication of all Privileges and Advantages which do or may belong to the Subjects of either Kingdom: It is intreated, That due Proviſion be made, that in caſe of any Ʋnion Scots-Men may be capa⯑ble of places of Power and Truſt in all places of Britain, without any Obligation to take the Engliſh Sacramental TEST; for that, beſides what may be ſaid of the Danger that way to prophane that Holy Ordi⯑nance, it may prove a Temptation to divers to conform, who other⯑ways would not do it, and this way by degrees bring in Corruption to this Church. Quinto, Seeing the Ecceſiaſtical Supremacy claimed ſome time by the Sovereigns in this Land, was ſuch an Encroachment on the Prerogative of our Lord JESUS CHRIST, the alone Head and King of His Church, and had ſuch ſad Conſequences, and is now ſo happily reſcinded: It is humbly intreated, that all poſſible Security be provided againſt the reaſſuming of it in after time.

Appendix B.2.28 No D x x.

[57]
Appendix B.2.28.1 ACT againſt all Muſters and Rendezvouzes during the preſent Seſſion of Parliament.
Novemb. 30. 1706

OUR Sovereign Lady, Conſidering, that by the 3d. Act of the 2d. Seſſion of this Parliament, Intituled, act for Security of the Kingdom, It is Statute and Enacted that the whole Proteſtant Heretors, and all the Burghs within the ſame, ſhall furthwith provide themſelves with Fire Arms for all the Fencible Men, who are Prote⯑ſtants, within their reſpective Bounds, and the ſaid Heretors and Burghs are thereby impowered and Ordained to Diſcipline and Exer⯑ciſe their Fencible Men once in the Month at leaſt; And alſo conſi⯑dering that the Diſorderly and Seditious Meetings and Tumults in ſome places in the Countrey, do make it neceſſary at this Occaſion to ſuſpend the Effect of the foreſaid Clauſe during this Seſſion of Parlia⯑ment allennarly. Therefore, Her Majeſty, with Advice and Conſent of the Eſtates of Parliament, doth hereby ſuſpend the Effect of the foreſaid Clauſe, and that during this Seſſion of Parliament allennarly. And further, Her Majeſty with Advice and Conſent foreſaid, Diſ⯑charges and ſtrictly prohibites the Subjects of this Kingdom to meet and aſſemble together in Arms after the Publication hereof, upon any Pretence whatſoever, during the ſpace foreſaid, without Her Maje⯑ſties ſpecial Command, or expreſs Licence had or obtained thereto. And Requires and Commands all the Subjects of this Kingdom to re⯑tire to their own Habitations and lawful Imployments; Certifying ſuch as ſhall do in the contrary, that they ſhall be lyable to the Pains of High Treaſon, conform to the Laws and Acts of Parliament made againſt unlawful Convocations and riſing in Arms.

Appendix B.2.29 No F. x x.

[58]
Appendix B.2.29.1

IN the Parliament Monday 4th November 1706, a Vote was ſtated in thir Terms, Approve of the Firſt Article of Union in the Terms of the Motion mentioned in the preceeding days Minuts, Vtz. That if the other Articles of Union be not adjuſted by the Parliament, then the agreeing to and approving of the Firſt, ſhall be of no effect; and that im⯑mediately after the ſaid first Article, the Parliament will pro⯑ceed to an Act for Security of the Doctrine, Diſcipline, Wor⯑ſhip and Government of the Church, as now by Law E⯑ſtabliſhed within this Kingdom, and it carried Approve, in the Terms of the above Motion, and the Liſt of the Members as they Voted Pro and Con, (ordered to be printed) is as follows.

Appendix B.2.29.1.1
APPROVERS of the Nobility.
  • The Lord Chancellor
  • Marq: of Montroſe P. S. C.
  • Duke of Argyle
  • Marqueſs of Tweddale
  • Marqueſs of Lothian.
  • Earls.
  • Mar Sec.
  • Lowdoun Sec.
  • Crawford
  • Sutherland
  • Rothes
  • Mortoun
  • Eglintoun
  • Roxburgh
  • Haddingtoun
  • Galloway
  • Weymes
  • Dalhouſie
  • Leven
  • Northeſque
  • Belicarras
  • Forfar
  • kilmarnock
  • Kintore
  • Dunmore
  • Marchmont
  • Hyndfoord
  • Cromarty
  • Stair
  • Roſeberry
  • Glaſgow Ther. Dept:
  • Hoptoun
  • Delorain
  • Ilay.
  • Vicounts.
  • Duplin
  • Garnock.
  • Lords.
  • Forbes
  • Elphingſtoun
  • Roſs
  • Torphichen
  • Frazer
  • Banff
  • Elibank
  • Duffus
  • Rollo
  • Lord Regiſtet
  • Lord Juſtice Clerk
Of the Barrons.
  • Sir Robert Dickson of Inverask
  • William Nisbet of Dirletoun.
  • Jo. Cockburn younger of Ormiſtoun
  • Sir John Swintoun of that Ilk
  • Sir Alexander Campbell of Ceſnock
  • Sir william Ker of Greenhead
  • Archibald Douglaſs of Cavers
  • William Bennet of Grubbet
  • Mr. John Murray of Bowhill
  • Mr. John Pringle of Haining
  • Will: Moriſon of Preſtoungrange
  • George Baillie of Jerviſwood
  • Sir John Johnſtoun of Weſterhall
  • William Douglaſs of Dornock
  • [59] Mr. Will: Steuart of Caſtle-ſtewart
  • Mr. John Steuart of Sorbie
  • Mr. Francis Montgomery of Giffan
  • Mr. Will. Dalrymple of Glenmuir
  • Mr. Robert Steuart of Tillicoultry
  • Sir Robert Pollock of that Ilk
  • Mr. John Montgomery of Wrae
  • John Hadden of Glenagies
  • Mungo Grahame of Gorthy
  • Sir Thomas Burnet of Leyes
  • Will. Seton younger of Pitmedden
  • Alexander Grant younger of that Ilk
  • Sir Kenneth Mackenzie
  • Mr. Aeneas Mackleod of Catboll
  • Mr: John Campbell of Mammore
  • Sir James Campbell of Auchinbreck
  • Ja. Campbell younger of Ardkinglaſs
  • Sir William Anſtruther of that Ilk
  • James Halyburton of Pitcurr
  • Alexander Abercrombie of Glaſſoch
  • William Maxwell of Cardineſs
  • Mr. Ja. Dumbar yor. of Hemprigs
  • John Bruce of Kinroſs.
Of the Burrows.
  • Sir Patrick Johnſtoun
  • John Scrymſour
  • Lieutenant Coll. Jo. Areskin
  • John Muir
  • James Scot
  • Patrick Bruce
  • Sir John Areskine
  • James Spitle
  • Mr. Patrick Moncrieff
  • George Monro
  • Sir Andrew Home
  • William Coltran
  • Sir Peter Halket
  • Sir James Smollet
  • Mr. William Carmichael
  • Captain Daniel Mackleod
  • Sir David Dalrymple
  • Sir Alexander Ogilvie
  • Mr. John Clerk
  • John Roſs
  • Sir Hugh Dalrymple
  • Mr. Patrick Ogilvie
  • George Allardice
  • William Alvis
  • Mr. Roderick Mackenzie
  • John Urquhart
  • Sir James Steuart
  • Daniel Campbell
  • Sir Robert Forbes
  • Mr. Robert Douglaſs
  • Mr. Alexander Maitland
  • Mr. George Dalrymple
  • Mr. Charles Campbell.
Sic Subſcribitur Seafield Cancellar. I. P. D. P.
Appendix B.2.29.1.2
NOE'S of the Nobility.
  • Duke of Hamilton
  • Duke of Athole
  • Marqueſs of Annandale.
  • Earls.
  • Errol
  • Mariſchal
  • Buchan
  • Glencairn
  • Wigtoun
  • Strathmore
  • Selkrig
  • Kincardin.
  • Viſcounts.
  • Stormount
  • Kilſyth.
  • Lords.
  • Semple
  • Oliphant
  • Balmerino
  • Blantyre
  • Bargany
  • Beilhaven
  • Colvil
  • Kinnaird.
Of the Barrons.
  • George Lockhart of Carnwath
  • Sir James Foulis of Colingtoun
  • Andrew Fletcher of Saltoun
  • Sir Rob. Sinclair of Longformacus
  • [60] Sr Patrick Home of Rentoun
  • Sir Gilbert Eliot of Minto
  • William Baillie of Lamingtoun
  • John Sinclair yor. of Stevenſon
  • John Sharp of Hoddam
  • Mr. Alexander Ferguſon of Iſle
  • Jo. Brisbane younger of Biſhoptoun
  • Mr. Will: Cochran of Kilmaronock
  • Sir Humphrey Colquhoun of Luſs
  • Sir John Houſtoun of that Ilk
  • John Grahame of Killairn
  • James Grahame of Bucklyvie
  • Thomas Sharp of Houſtoun
  • Sir Patrick Murray of Auchtertyre
  • John Murray of Strowan
  • Sir David Ramſay of Balmain
  • Alexander Gordon of Pitlurg
  • James More of Stoniewood
  • John Forbes of Colloden
  • David Bethune of Balfour
  • Mr. Thomas Hope of Rankeilor
  • Mr. Patrick Lyon of Anchterhouſe
  • Mr. James Carnagie of Phinhaven
  • David Grahame younger of Fintrie
  • James Ogilvie younger of Boyn
  • Alexander Mackgie of Palgoun
  • Sir Henry Innes younger of that Ilk
  • Alexander Douglaſs of Eagleſhaw
  • Mr. George Mackenzie of Inchoulter
Of the Burrows,
  • Robert Inglis
  • Alexander Robertſon
  • Walter Stewart
  • Alexander Watſon
  • Hugh Montgomery
  • Alexander Edgar
  • John Black
  • James Oſwald
  • Robert Johnſtoun
  • Alexander Duff
  • Francis Moliſon
  • Walter Scot
  • George Smith
  • Robert Scot
  • Robert Kellie
  • John Hutcheſon
  • Mr. William Sutherland
  • Archibald Sheils
  • Mr. John Lyon
  • Mr. Dougal Steuart
  • George Brodie
  • George Spence
  • Sir David Cuninghame
  • Mr. William Johnſtoun
  • Mr. John Carruthers
  • George Home
  • Mr. James Bethun
  • John Bayne
  • Mr. Robert Frazer.
Sic Subſcribitur Seafield Cancellar. I. P. D. P.

Appendix B.2.30 No E. x x.

[57]

This belongs to Minutes 46.

Appendix B.2.30.1

IN the Parliament the 27 of December 1706, a Vote was ſtated, Approve of a Proclamation Diſcharging Unwarran⯑table and Seditious Convocations and Meetings, Yea or Not, and it carried Approve; and the Liſt of the Mem⯑bers Names as they voted Approve or Not (ordered to be Printed) is as follows:

Appendix B.2.30.1.1
APPROVERS of the Nobility.
  • Marq. of Montroſe P. S. C.
  • Duke of Argyle
  • Marqueſs of Tweddale
  • Marqueſs of Lothian. Earls.
  • Mar Sec.
  • Lowdoun Sec.
  • Crawford
  • Sutherland
  • Rothes
  • Mortoun
  • Glencairn.
  • Eglintoun
  • Abercorn
  • Roxburgh
  • Haddingtoun
  • Galloway
  • Dalhouſie
  • Findlater
  • Leven
  • Northeſque
  • Belcarras
  • Forfar
  • Kilmarnock
  • Kintore
  • Dunmore
  • Marchmont
  • Cromarty
  • Stair
  • Roſeberry
  • Glaſgow Ther. D:
  • Hoptoun
  • Delorain
  • Ilay.
  • Lords.
  • Forbes
  • Elphingſtoun
  • Roſs
  • Torphichen
  • Frazer
  • Banff
  • Duffus
  • Lord Regiſter
  • Lord Juſtice Clerk.
Of the Barons.
  • Robert Dundaſs of Arniſtoun.
  • Sir Robert Dickson of Inverask
  • William Nisbet of Dirletoun.
  • Jo. Cockburn younger of Ormiſtoun
  • Sir John Swintoun of that Ilk
  • Sir Alexander Campbell of Ceſnock
  • Sir william Ker of Greenhead
  • Sir Gilbert Eliot of Minto
  • Archibald Douglaſs of Cavers
  • William Bennet of Grubbet
  • Mr. John Murray of Bowhill
  • Mr. John Pringle of Haining
  • Will: Moriſon of Preſtoungrange
  • Sir John Johnſtoun of Weſterhall
  • William Douglaſs of Dornock
  • Mr. Will: Steuart of Caſtle-ſtewart
  • Mr. John Steuart of Sorbie
  • Mr. Francis Montgomery of Giffan
  • Mr. Will. Dairymple of Glenmuir
  • Mr. Robert Steuart of Tillicoultry
  • Sir Robert Pollock of that Ilk
  • Thomas Sharp of Houſtoun
  • Mr. John Montgomery of Wrae
  • John Hadden of Glenagies
  • Mungo Grahame of Gorthy
  • Sir Thomas Burnet of Leyes
  • Will. Seton younger of Pitmedden
  • Hugh Roſs of Kilravock.
  • Mr: John Campbell of Mammore
  • Sir James Campbell of Auchinbreck
  • Ja. Campbell younger of Ardkinglaſs
  • Sir William Anſtruther of that Ilk
  • James Halyburton of Pitcurr
  • [58] Alexander Abercrombie of Glaſſoch
  • William Maxwell of Cardineſs
  • Alexander Douglaſs of Egilſh [...]aw
  • John Bruce of Kinroſs.
Of the Burrows.
  • Sir Patrick Johnſtoun
  • John Scrymſour
  • Lieutenant Coll. Jo. Areskin
  • John Muir
  • James Scot
  • Sir John Anſtruther
  • Sir John Areskine
  • James Spitle
  • Mr. Patrick Moncrieff
  • Sir Andrew Home
  • Sir Peter Halket
  • Sir James Smollet
  • Mr. William Carmichael
  • Mr. William Sutherland
  • Captain Daniel Mackleod
  • Sir David Dalrymple
  • Sir Alexander Ogilvie
  • Mr. John Clerk
  • John Roſs
  • Sir Hugh Dalrymple
  • Mr. Patrick Ogilvie
  • George Allardice
  • William Alvis
  • Mr. James Bethun
  • Mr. Roderick Mackenzie
  • John Urquhart
  • Sir James Steuart
  • Daniel Campbell
  • Sir Robert Forbes
  • Mr. Robert Douglaſs
  • Mr. Alexander Maitland
  • Mr. George Dalrymple
  • Mr. Charles Campbell.
Sic Subſcribitur Seafield Cancellar. I. P. D. P.
Appendix B.2.30.1.2
NOE'S of the Nobility.
  • Duke of Hamilton
  • Duke of Athole
  • Murqueſs of Annandale.
  • Earls.
  • Errol
  • Mariſchal
  • Wigtoun
  • Selkirk
  • Viſcounts.
  • Stormount
  • Kilſyth.
  • Lords.
  • Saltoun
  • Oliphant
  • Balmerino
  • Blantyre
  • Bargany
  • Beilhaven
  • Colvil
  • Kinnaird.
Of the Barons.
  • George Lockhart of Carnwath
  • Sir James Foulis of Colingtoun
  • Sir John Lauder of Fountainhall
  • Andrew Fletcher of Saltoun
  • Sir Rob. Sinclair of Longformacus
  • Sir Patrick Home of Rentoun
  • William Baillie of Lamingtoun
  • John Sinclair yor. of Stevenſon
  • Mr. Alexander Ferguſon of Iſle
  • Jo. Brisbane younger of Biſhoptoun
  • Mr. Will: Cochran of Kilmaronock
  • Sir John Houſtoun of that Ilk
  • James Grahame of Bucklivie
  • Robert Rollo of Powhouſe
  • Sir Patrick Murray of Auchtertyre
  • John Murray of Strowan
  • Alexander Gordon of Pitlurg
  • John Forbes of Colloden
  • David Bethune of Balfour
  • Major Henry Balfour of Dunboig
  • Mr. Thomas Hope of Rankeilor
  • Mr. Patrick Lyon of Auchterhouſe
  • Mr. James Carnagie of Phinhaven
  • David Grahame younger of Fintrie
  • James Ogilvie younger of Boyn
  • Alexander Mackgie of Palgoun
  • James Sinclair of Stempſter
  • Sir Henry Innes younger of that Ilk
  • Mr. George Mackenzie of Inchoulter
Of the Burrows,
  • Alexander Robertſon
  • Walter Stewart
  • Alexander Watſon
  • James Oſwald
  • Alexander Duff
  • Francis Moliſon
  • George Smith
  • Robert Scot
  • Robert Kellie
  • Archibald Sheils
  • Mr. John Lyon
  • Sir Robert Anſtruther
  • Sir David Cuninghame
  • Mr. John Carruthers
  • George Home
  • John Bayne
Sic Subſcribitur Seafield Cancellar. I. P. D. P.

Appendix B.2.31 No G x x.
Threatning Letter to the Duke of Queenſ⯑berry in the time of the Rabbles at Edin⯑burgh, and the carrying on the Treaty.

One Subſcribed thus.

Appendix B.2.31.1
To his Grace the Duke of Queensberry Her Majeſties High Commiſſioner to the Parliament of Scotland.
May it pleaſe your Grace.

I Could not have Peace in my own Mind Night or Day, until I made this Diſcovery of a Plot, ſo cloſsly laid againſt your Grace, that the World could not have diſcovered, unleſs it had pleaſed God thus to touch my Conſcience, or ſome others of the Conſpirators; Wherefore I ſhall give your Grace a ſhort Account of the true Matter of Fact, without the leaſt Diſſembling. Ʋpon Thurſday laſt at 12 a Clock at Night, there came a Gentleman to my Houſe, who whiſ⯑per'd in mine Ear while I was in Bed, to go along with him in all haſte, ſo I got up out of Bed and went with him, he led me into a Chamber, where I met Seven other young Men, who welcom'd me to the place, and after a little Talk, told me they were upon a Bu⯑ſineſs which they could not effect without me, which was to diſpatch that Treacherous Devil the Commiſſioner (ſo they were pleaſed to call your Grace) I, God forgive me, joyned with them heartily, whereupon they produced a Paper, containing a moſt horrid Oath, [60] whereby they bound themſelves to Aſſaſſinate your Grace the firſt day the Parliament ſat after New-years-day, and that they ſhould ra⯑ther be burned alive than diſcover their Fellows—Two and Twenty has ſubſcribed this Oath with their Blood.

They ſaid they wanted only Two to compleat their Number for the Work, they deſiring to have Twenty Four concerned in it, ſome of theſe your Grace would little ſuſpect, but theſe that are to be the main Actors, are the moſt graceleſs debauch'd Wretches in the World, that fear neither God nor Man, ſome of them are to be cloathed in the Highland Dreſs, one in the Habit of a Beggar with a falſe Beard, ſix of them are to be in the Habit of Baxters, that by this means they may with the more eaſe raiſe the Rabble, one of thoſe in Highland Dreſs is to ſtand on your left hand as you come out of the Parliament-Houſe, with a naked Durk beneath his Plaid to ſtab your Grace; But if he has no Opportunity for Action, then the Beg⯑gar is to attend your Coach with a Piſtol beneath his Rags, which he is to fire at your Grace, at which the Baxters are to raiſe the Rabble with their Crys, which they think will ſoon be done; Then leſt your Grace ſhould eſcape with Life, they are to take care to get the Nether-Bow Port cloſed in ſpight of the Guards: Their next de⯑ſign is upon the Chancellor, Philiphaugh, and ſome others; After repeated Oaths of Secrecie we parted about 3 a Clock this Morning, and I came home, but perplexing Thoughts ſo Tormented me, that I could neither Sleep, Eat or Drink till I caſed my Mind with this Diſ⯑covery. If your Grace will aſſure me of Pardon, and that you will obtain me a Remiſſion from the Queen for this and an other Crime, which the Conſpirators will alledge for revenge I was guilty of ten Years ago abroad, I will come to your Graces Lodging and make a full Diſcovery of this whole Deſign, and let your Grace ſee their Names written with their own Hands, and with their own Blood, for they put ſo much Truſt in me, as that they gave it me in keeping; Your Grace may take your own Method in making it known, if you will pardon me and protect me; which if your Grace do, I ſhall not fail to perform my Promiſe, and tell your Grace other Circumſtances than can recite here.

Dec. 20. 6 at Night 1706.
I am, may it pleaſe your Grace, Your Graces Humble Servant

There were ſeveral other Letters, ſome to Bully and Inſult the Commiſſioner, ſome pretending to Caution him, but his Grace took no notice of any of them, nor did he ever omit going to the Parliament-houſe, or purſue the Affair then in Hand, notwithſtanding theſe Inſults.

Appendix B.2.32 No H x x.

[65]
Appendix B.2.32.1 An Act for Securing the Church of England as by Law Eſtabliſhed.

WHereas by an Act made in the Seſſion of Parliament held in the Third and Fourth Year of Her Majeſties Reign, whereby Her Majeſty was Impowered to appoint Commiſſioners, under the Great Seal of England, to Treat with Commiſſioners to be Authorized by the Parliament of Scotland, concerning an Ʋnion of the Kingdoms of England and Scotland, it is Provided and Enacted, that the Commiſ⯑ſioners to be Named in purſuance of the ſaid Act ſhould not Treat of or concerning any Alteration of the Liturgy, Rites, Ceremonies, Diſ⯑cipline or Government of the Church as by Law Eſtabliſhed within this Realm; And whereas certain Commiſſioners appointed by Her Majeſty in purſuance of the ſaid Act, and alſo other Commiſſioners nominated by Her Majeſty by the Authority of the Parliament of Scotland, have met and agreed upon a Treaty of Union of the ſaid Kingdoms; Which Treaty is now under the Conſideration of this preſent Parliament: And whereas the ſaid Treaty (with ſome Alte⯑rations therein made) is ratified and approved by Act of Parliament in Scotland; And the ſaid Act of Ratification is, by Her Majeſties Royal Command, laid before the Parliament of this Kingdom: And whereas it is reaſonable and neceſſary, that the true Proteſtant Religi⯑on profeſſed and Eſtabliſhed by Law in the Church of England, and the Doctrine, Worſhip, Diſcipline and Government thereof, ſhould be effectually and unalterably ſecured; Be it Enacted by the Queens moſt Excellent Majeſty, by and with the Advice and Conſent of the Lords Spiritual and Temporal, and the Commons in this preſent Parliament aſſembled, and by Authority of the ſame, That an Act made in the Thirteenth Year of the Reign of Queen Elizabeth, of fa⯑mous Memory, Intituled, An Act for the Miniſters of the Church to be of ſound Religion: And alſo another Act made in the thirteenth year of the Reign of the late King Charles the ſecond, Intituled, An Act for the Ʋniformity of publick Prayers and Adminiſtration of Sacraments, and other Rites and Ceremonies, and for establiſhing the Form of Ma⯑king, Ordaining and Conſecrating Biſhops, Prieſts and Deacons in the Church of England (other than ſuch Clauſes in the ſaid Acts, or ei⯑ther of them, as have been Repealed or Altered by any ſubſequent Act or Acts of Parliament) and all and ſingular other Acts of Parliaments now in Force for the Eſtabliſhment and Preſervation of the Church of England, and the Doctrine, Worſhip, Diſcipline and Government thereof, ſhall remain and be in full Force for ever. [66] And be it further Enacted by the Authority foreſaid, that after the Demiſe of Her Majeſty (whom GOD long preſerve) the Sovereign next ſucceeding to Her Majeſty in the Royal Government of the King⯑dom of Great-Britain, and ſo for ever hereafter, every King or Queen ſucceeding and coming to the Royal Government of the King⯑dom of Great-Britain, at His or Her Coronation, ſhall in the pre⯑ſence of all perſons who ſhall be attending, aſſiſting, or otherwiſe then and there preſent, take and ſubſcribe an Oath to Maintain and Preſerve inviolably the ſaid Settlement of the Church of England, and the Doctrine, Worſhip, Diſcipline and Government thereof as by Law eſtabliſhed within the Kingdoms of England and Ireland, the Dominion of Wales, and Town of Berwick upon Tweed, and the Territories thereunto belonging.

And be it further Enacted by the Authority aforeſaid, That this Act, and all and every the Matters and Things therein contained, be, and ſhall for ever be Holden and Adjudged to be a Fundamental and Eſſential Part of any Treaty of Union to be Concluded between the ſaid two Kingdoms; And alſo that this Act ſhall be inſerted in expreſs Terms in any Act of Parliament which ſhall be made for Settling and Ratifying any ſuch Treaty of Ʋnion, and ſhall be therein Declared to be an Eſſential and Fundamental Part thereof.

Appendix B.2.33 I x x.

Appendix B.2.33.1 ACT ſettling the Manner of Electing the Sixteen Peers and Fourty Five Common⯑ers to Repreſent Scotland in the Parlia⯑ment of Great-Britain.
February 5. 1707.

OUR SOVEREIGN LADY, Confidering, That by the Twen⯑ty ſecond Article of the Treaty of Ʋnion, as the ſame is Rati⯑fied by an Act paſt in this Seſſion of Parliament upon the ſix⯑teenth of January laſt, It is provided, that by virtue of the ſaid Trea⯑ty, 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, and Fourty Five the Number of the Repreſentatives of Scotland in the Houſe of Commons of the Parliament of Great-Britain; And that the ſaid Six⯑teen Peers, and Fourty Five Members in the Houſe of Commons be Named and Choſen in ſuch manner, as by a ſubſequent Act in this preſent Seſſion of Parliament in Scotland ſhould be ſettled; Which Act is thereby declared to be as valid, as if it were a part of, and in⯑groſſed in the ſaid Treaty. Therefore, Her Majeſty, with Advice and Conſent of the Eſtates of Parliament, Statutes, Enacts and Ordains, That the ſaid Sixteen Peers who ſhall have Right to Sit in the Houſe of Peers in the Parliament of Great Britain on the part of Scotland, by virtue of this Treaty, ſhall be Named by the ſaid Peers of Scotland [67] whom they Repreſent, their Heirs or Succeſſors to their Dignities and Honours, out of their own Number, and that by open Election and plurality of Voices of the Peers preſent, and of the Proxies for ſuch as ſhall be abſent, the ſaid Proxies being Peers, and produ⯑cing a Mandat in Writing duly ſigned before Witneſſes, and both the Conſtituent and Proxy being qualified according to Law; Declar⯑ing alſo, that ſuch Peers as are abſent, being qualified as aforeſaid, may ſend to all ſuch Meetings, Liſts of the Peers whom they judge fit⯑teſt, validly Signed by the ſaid abſent Peers, which ſhall be reckoned in the ſame manner, as if the Parties had been preſent, and given in the ſaid Liſt: And in caſe of the Death, or legal Incapacity of any of the ſaid Sixteen Peers, that the foreſaid Peers of Scotland ſhall no⯑minat another of their own Number in place of the ſaid Peer or Peers in manner before and after mentioned. And that of the ſaid Fourty five Repreſentatives of Scotland in the Houſe of Commons in the Parliament of Great-Britain, Thirty ſhall be choſen by the Shires or Stewartries, and Fifteen by the Royal Burrows, as follows, viz. One for every Shire and Stewartrie, excepting the Shires of Bute and Caithneſs, which ſhall Choiſe one by turns, Bute having the firſt E⯑lection; The Shires of Nairn and Cromarty which ſhall alſo Choiſe by turns, Nairn having the firſt Election; And in like manner, the Shires of Clackmannan and Kinroſs ſhall Choiſe by turns, Clackman⯑nan having the firſt Election: And in caſe of the Death or legal In⯑capacity of any of the ſaid Members from the reſpective Shires or Stewartries above mentioned, to ſit in the Houſe of Commons. It is Enacted and Ordained, That the Shire or Stewartry who elected the ſaid Member, ſhall elect another Member in his place. And that the ſaid Fifteen Repreſentatives for the Royal Burrows be choſen as fol⯑lows, viz. That the Town of Edinburgh ſhall have Right to Elect and ſend one Member to the Parliament of Great-Britain; And that each of the other Burghs ſhall Elect a Commiſſioner in the ſame man⯑ner as they are now in uſe to Elect Commiſſioners to the Parliament of Scotland, Which Commiſſioners and Burghs (Edinburgh excep⯑ted) being divided in Fourteen Claſſes or Diſtricts, ſhall meet at ſuch time and Burghs within their reſpective Diſtricts, as Her Majeſty, Her Heirs or Succeſſors ſhall appoint, and Elect one for each Diſtrict, viz. The Burghs of Kirkwal, Week, Dornosk, Dingwall and Tayne, One; The Burghs of Fortroſe, Inverneſs, Nairn and Forreſs, One; The Burghs of Elgine, Cullen, Bamff, Inverury and Kintore, One; The Burghs of Aberdeen, Inverbervie, Montroſs, Aberbrothock, and Brichen, One; The Burghs of Forfar, Perth, Dundee Cowper and St. Andrews, One; The Burghs of Crail, Kilrennie, Anstruther Eaſter, Anstruther Weſter, and Pittenweem, One; The Burghs of Dyſart, Kirkaldie, Kinghorn and Bruntiſland, One; The Burghs of Innerkeithen, Dum⯑fermline, Queensferry, Culroſs and Stirling, One; The Burghs of Glaſgow, Renfrew, Rutherglen and Dumbarton, One; The Burghs of Haddingtoun, Dumbar, Northberwick, Lawaer and Jedburgh, One; The Burghs of Selkirk, Peebles, Linlithgow, and Lanerk, One; The Burghs of Dumfries, Sanquhar, Annan, Lochmaban and Kirkcudbright, One; The Burghs of Wigtoun, Newgalloway, Stranrawer and White⯑hern, [68] One; And the Burghs of Air, Irvine, Rotheſay, Campbelltoun and Inverary, One. And it is hereby Declared and Ordained, That where the Votes of the Commiſſioners for the ſaid Burghs, Met to choiſe Repreſentatives from their ſeveral Diſtricts to the Parliament of Great-Britain ſhall be equal, in that caſe, the Preſident of the Meeting ſhall have a Caſting or Deciſive Vote, and that by and at⯑tour his Vote as a Commiſſioner from the Burgh from which he is ſent, The Commiſſioner from the eldeſt Burgh preſiding in the firſt Meeting, and the Commiſſioners from the other Burghs in their re⯑ſpective Diſtricts preſiding afterwards by Turns, in the Order, as the ſaid Burghs are now called in the Rolls of the Parliament of Scotland. And in caſe that any of the ſaid Fifteen Commiſſioners from Burghs ſhall deceaſe, or become legally incapable to Sit in the Houſe of Com⯑mons, Then the Town of Edinburgh, or the Diſtrict which choiſed the ſaid Member, ſhall Elect a Member in his or their Place: It is always hereby expreſly Provided and Declared, That none ſhall be capable to Elect or be Elected for any of the ſaid Eſtates, but ſuch as are Twenty one Years of Age compleat, and Proteſtant, excluding all Papiſts, or ſuch who being ſuſpect of Popery, and required, re⯑fuſe to Swear and Subſcribe the Formula, contained in the Third Act made in the Eighth and Ninth Seſſions of King Williams Parliament, Intituled, Act for preventing the Growth of Popery; And alſo declaring, that none ſhall be capable to Elect or be Elected to Repreſent a Shire or Burgh in the Parliament of Great-Britain for this part of the Ʋnit⯑ed Kingdom, except ſuch as are now capable by the Laws of this Kingdom to Elect or be Elected as Commiſſioners for Shires or Burghs to the Parliament of Scotland. And further, Her Majeſty, with Advice and Conſent foreſaid, for the effectual and orderly Elec⯑tion of the Perſons to be choſen to Sir, Vote and Serve in the re⯑ſpective Houſes of the Parliament of Great-Britain, when Her Maje⯑ſty, Her Heirs and Succeſſors ſhall declare Her or Their Pleaſure for holding the firſt, or any ſubſequent Parliament of Great-Britain, And when for that Effect a Write ſhall be iſſued out under the Great-Seal of the United Kingdom, directed to the Privy Council of Scot⯑land, conform to the ſaid Twenty ſecond Article, Statutes, Enacts and Ordains. That until the Parliament of Great-Britain ſhall make further Proviſion therein, the ſaid Write ſhall contain a Warrant and Command to the ſaid Privy Council to iſſue out a Proclamation in Her Majeſties Name, requiring the Peers of Scotland for the time, to Meet and Aſſemble at ſuch time and place within Scotland, as Her Ma⯑jeſty and Royal Succeſſors ſhall think fit, to make Election of the ſaid Sixteen Peers; And requiring the Lord Clerk Regiſter, or two of the Clerks of Seſſion to attend all ſuch Meetings, and to adminiſter the Oaths that are or ſhall be by Law required, and to ask the Votes; And having made up the Liſts in preſence of the Meeting, to return the Names of the Sixteen Peers choſen, (certified under the Subſcrip⯑tion of the ſaid Lord Clerk-Regiſter, Clerk or Clerks of Seſſion atten⯑ding) to the Clerk of the Privy Council of Scotland. And ſicklike, [69] Requiring and Ordaining the ſeveral Free-Holders in the reſpective Shires and Stewartries to Meet and Conveen at the Head-Burghs of their ſeveral Shires and Stewartries, to Elect their Commiſſioners con⯑form to the Order above ſet down; And Ordaining the Clerks of the ſaid Meetings, immediately after the ſaid Elections are over reſpec⯑tively, to return the Names of the perſons Elected, to the Clerks of the Privy Council. And lastly, Ordaining the City of Edinburgh to Elect their Commiſſioner, and the other Royal Burghs to Elect each of them a Commiſſioner, as they have been in uſe to Elect Commiſſi⯑oners to the Parliament, and to ſend the ſaid reſpective Commiſſio⯑ners, at ſuch times, to ſuch Burghs within their reſpective Diſtricts, as Her Majeſty and Succeſſors, by ſuch Proclamations, ſhall appoint; Requiring and Ordaining the common Clerk of the reſpective Burghs, where ſuch Elections ſhall be appointed to be made, to attend the ſaid Meetings, and immediately after the Election to return the Name of the Perſons ſo Elected, (certifyed under his Hand) to the Clerk of Privy Council; To the end that the Names of the Sixteen Peers, Thirty Commiſſioners for Shires, and Fifteen Commiſſioners for Burghs, being ſo returned to the Privy Council, may be returned to the Court from whence the Write did iſſue under the Great Seal of the United Kingdom, conform to the ſaid Twenty Second Article: And whereas by the ſaid Twenty Second Article, It is agreed, That if Her Majeſty ſhall on or before the Firſt Day of May next, declare that it is expedient, the Lords 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, they ſhall accordingly be the Members of the ſaid reſpective Houſes, for and on the part of England; Her Majeſty with Advice and Conſent foreſaid, in that caſe only, Doth hereby Statute and Ordain, That the Sixteen Peers and Fourty Five Commiſſioners for Shires and Burghs, who ſhall be choſen by the Peers, Barons and Burghs reſpectively in this preſent Seſſion of Parliament, and out of the Members thereof, in the ſame manner as Committees of Parliament are uſually now cho⯑ſen, ſhall be the Members of the reſpective Houſes of the ſaid firſt Par⯑liament of Great-Britain, for and on the part of Scotland; Which Nomination and Election being certified by a Write under the Lord Clerk Regiſters Hand, The Perſons ſo Nominated and Elec⯑ted ſhall have Right to ſit and vote in the Houſe of Lords, and in the Houſe of Commons of the ſaid firſt Parliament of Great-Britain.

Appendix B.2.34 No K x x.

[70]
Thurſday 7. January 1707.

A proteſt was given in by George Lockhart of Carnwath, in theſe terms.‘I George Lockhart of Carnwath do proteſt for my ſelf, and in Name of ſuch other Barons as ſhall adhere to this my Proteſtation; That nei⯑ther this Vote, nor any other Vote, Concluſion or Article in this Treaty of Union, ſhall prejudge the Barons of this Kingdom from their full Repreſentation in Parliament, as now by Law eſtabliſhed, nor any of their Privileges, and particularly their Judicative and Legiſlative Capacities, of which they are deprived by the Terms of this Treaty of Union: And I crave this my Proteſtation to be Admitted and Record⯑ed.’

Appendix B.2.35 No L. x x.

And another Proteſt was given in by the Duke of Athole, in theſe Terms.

WHereas, by my Proteſt given in the 4th. of November laſt, before voting the firſt Article of Union, I did reſerve Liberty to renew Proteſtations againſt any other Article of the Treaty: And as I prote⯑ſted for the Reaſons therein mentioned, ſo I do now, for my ſelf and all others who ſhall adhere, proteſt againſt any Vote for approving the 22d. Article of this Treaty of Union, and againſt all the Parts of it, for theſe Reaſons, Becauſe the Peers of this Realm, who are hereditary Members of Her Majeſties Great Council and Parliament, do thereby become E⯑lective, and ſo Her Majeſty is deprived of Her born Counſellors, and the Peers of their Birth-right. And whereas they are at preſent 160 in Number, they are by this Article, reduced to 16; which 16 are to be joyned with the Houſe of Lords in England, whoſe Number at preſent conſiſts of a⯑bove 180, whereby it is plain, that the Scots Peers ſhare in the Legiſla⯑tive and Judicative Powers in the Britiſh Parliament is very unequal with that of the Engliſh, tho the one be Repreſentatives of as Free and Inde⯑pendent a Nation as the other; and is therefore a plain Forfeiture of the Peerage of this Kingdom. And as it is the hight of Injuſtice, and againſt all the Laws and Practices of this and all other well govern'd Nations to forfeit any Perſon without a hainous Crime; So its againſt all Law to forfeit either the Peers that are now preſent, or thoſe that are Minors or Abſent, without being ſo much as called or cited for that end.

It is likewiſe contrary to the Honour and true Intereſt of Her Majeſty and the Monarchy, to ſuppreſs the Eſtate of Peers, who have formerly been the great Supporters of the Monarchy.

[71] And it is Diſhonourable and Diſgraceful to this Kingdom, that the Peers thereof ſhall only have Rank and Precedency next after the Peers of the like Order and Degree in England, without regard to their Antiquity, or the Dates of their Patents, as is ſtipulate by the following Articles of this Treaty.

In the next place, each Shire and Royal Burgh within this Kingdom have the Number of their Repreſentatives determined by Acts of Parlia⯑ment, whoſe Number at preſent being 155, are by this Article of the Treaty, reduced to 45, and to be joyned to 513 Members in the Houſe of Commons, where they can have no Influence, by reaſon of the vaſt Diſ⯑proportion of their Numbers, beſides, that the Barons and Burrows of this Nation, by this way of Uniting, are deprived of their inherent Right of being fully and individually repreſented in Parliament, both with relation to their legiſlative and judicative Capacities.

And they are not only highly prejudged in leſſening their Repreſenta⯑tion, but alſo degraded from being Members of the Parliaments of this Kingdom, where they ſit as Judges in all Cauſes Civil and Criminal, to be joyned to the Commons of another Nation, who are accuſtomed to ſup⯑plicate for Juſtice at the Bar of the Houſe of Lords.

The Barons and Burgeſſes are alſo further prejudged in this; That whereas every Shire and Royal Burgh have their own Repreſentatives, one Commiſſioner will hereafter repreſent ſeveral Shires or Burghs, who it cannot be ſuppoſed will underſtand the ſeveral Intereſts and Concerns of the ſaid ſeveral Shires and Burghs whom he may repreſent.

And further, for the preſent Repreſentatives of the Barons and Bur⯑geſſes to offer, by any Vote or Deed of theirs, to incapacitate their Conſtituents, or deprive them of any part of their inherent Right, is what their Conſtituents may and do juſtly diſſallow, they only having their Commiſſions with the ordinary Powers of making and amending Laws, and giving Supplys, but no ways to alter Fundamental Conſtitu⯑tions, or to take away or diminiſh their Repreſentation, which is alſo a plain Forfeiture of their Conſtituents of their inherent Rights and undoubt⯑ed Privileges, and is contrary to the fundamental Laws of this Nation, which are the Birth-right of the People thereof.

From all which it is plain and evident, That this, from a Sovereign In⯑dependent Monarchy, ſhall diſſolve its Conſtitution, and be at the diſpo⯑ſal of England, whoſe Conſtitution is not in the leaſt to be altered by this Treaty, and where it is not to be ſuppoſed the Scots ſhall have any weight in the making of Laws, even tho' relative to their own Kingdom, by rea⯑ſon of the vaſt Diſproportion and Diſparity of the Repreſentation afore⯑ſaid.

And therefore I do alſo Proteſt, that no Vote may hinder or prejudge the Noblemen, Barons and Burgeſſes, as now repreſented in Parliament, to Retain, Bruik, Enjoy and Exerce all their Rights, Liberties and Privi⯑leges, as fully and freely as hitherto they have enjoyed them.

And ſince it evidently appears, not only from the many Proteſts of the Honourable and Worthy Members of this Houſe, but alſo from the Multi⯑tudes of Addreſſes and Petitions, from the ſeveral Parts of this Kingdom, of the Barons, Free-holders, Heretors, Burgeſſes and Commons, and from the Commiſſion of the General Aſſembly, that there is a general Diſlike and Averſion from the Incorporating Union, as contained in theſe Articles; And that there is not one Addreſs, from any part of the King⯑dom, in favours of this Union.

I do therefore further proteſt againſt concluding this and the following [72] Articles of this Treaty, until HerMajeſty ſhall be fully informed of the In clinations of the People; That if HerMajeſty think fit, She may call a new Parliament to have immediate Sentiments of the Union ſince the Articles have been made publick, where it's hoped they may fall on ſuch Methods as may allay the Ferment of the Nation, ſatisfie the Minds of the People, and create a full Underſtanding betwixt the two Kingdoms, by an Union upon honourable, juſt and equal Terms, which may unite them in Affecti⯑on and Intereſt, the ſureſt Foundation of Peace and Tranquility for both Kingdoms: And this my Proteſtation I deſire may be received, and inſert in the Minutes, and recorded in the Books of Parliament, as a Teſtimony of my Diſaſſent, and the Diſaſſent of ſuch as adhere to me.

Appendix B.2.36 No M. x x.

And a Third Proteſt was given in by the Earl of Buchan, in theſe Terms.

FOrasmuch as, the changing of the Right of the Peers of this Realm, from a conſtant and hereditary Right, to one that is elective; and the debarring all or any of them from taking place, and voting in Par⯑liaments, Conventions, or publick Councils, is ſubverſive of the Birth-right, and undoubted Privilege of the Peers, diſhonourable to the whole Kingdom, and contrary to the fundamental Laws and Conſtitutions of it; as well as to all Juſtice and Equity: I do therefore Proteſt for my ſelf, and in Name of all who ſhall adhere to this my Proteſtation, that the foreſaid Right of the Peers of this Realm to Sit and Vote in all Parlia⯑ments, publick Councils and Conventions, do, after the intended Uni⯑on with England, and notwithſtanding thereof, continue in full Force, and remain to them as their undoubted Right and Property, and that no Vote to be paſſed in this Houſe, do prejudge all or any of them thereof, or debar them from retaining the ſame in all time coming.

Appendix B.2.37 No N. x x.

Another Proteſt was likewiſe given in by Walter Steuart Com⯑miſſioner for the Burgh of Linlithgow, in theſe Terms: ‘I Walter Steuart proteſt for my ſelf, and in Name of all others who ſhall adhere to this my Proteſtation, That the Reſtriction of the Repreſen⯑tatives in Parliament for this Kingdom, as contained in the 22d. Ar⯑ticle of the Treaty of Union, is contrair to the Birth-right of the Peers, and Rights and Privileges of the Barons, Free-holders and Royal Burrows, and the fundamental Laws and Conſtitutions of this Nation: And if any Vote ſhall paſs, approving the ſaid Article, in the Terms that it ſtands, That any ſuch Vote ſhall not prejudge the Birth-right of the [73] Peers, Rights and Privileges of the Barons, Free-holders and Royal-Burrows, competent to them by the Laws and Conſtitution of this King⯑dom, and takes Inſtruments upon this Proteſtation, and deſires that it may be inſert in the Records of Parliament.’

Appendix B.2.38 No O x x.

Appendix B.2.38.1
Appendix B.2.38.1.1
The 27th. February 1706.
Articles of Union read,
That all Laws and Statutes in either Kingdom ſo far as they are contrary to, or inconſiſtent with the Terms of theſe Articles, or any 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.

The Queſtion was put, whether this Houſe ſhall a⯑gree with the Committee in this Reſolution?

It was reſolved in the Affirmative.

Appendix B.2.38.1.1.1

‘I diſſent to every one of the 25 Re⯑ſolutions, Sta—ll’ ‘I diſſent to every one of the 25 Re⯑ſolutions. Gra—lle.’ ‘I diſſent to every one of the 25 Re⯑ſolutions. Hav—am.’ ‘I diſſent to the 4 laſt Reſolutions having not been preſent at the pas⯑ſing of the others. Geo. B—th and W—lls.’ We Diſſent to the Reſolution of paſſing the laſt Article, be⯑cauſe there being no Enumeration of what Laws are to be re⯑pealed: It is conceived too great a Latitude of Conſtructi⯑on thereupon is left to the Judges.

  • Roch—er.
  • No—th and Gr—y.
  • Guil—rd.
  • Le—gh.
Appendix B.2.38.1.1.1 Diſſentient to the 9th. Reſolution.

Becauſe we humbly conceive the Sum of 48000 l. to be charged on the Kingdom of Scotland, as the Quota of Scotland, for a Land-Tax, is not proportionable to the 4d. Aid granted by the Parliament of England: But if by Reaſon of the preſent Circumſtances of that Kingdom, it might have been thought it was not able to bear a greater Proportion at this Time; yet we cannot but think it unequal to this Kingdom, that it ſhould be agreed, that whenever the 4d. Aid ſhall be enacted by the Parlia⯑ment of Great-Britain, to beraiſed on Land in England, that the 48000 l. now raiſed on Scotland ſhall never be increaſed in time to come, tho' the Trade of that Kingdom ſhould be extremely improved, and conſequently the Value of their Land preportionably raiſed, which in all probability it muſt do, when this Union ſhall have taken effect.

N—th and Gr—y. How—d. Roch—r. G—ford. Le—h.
[74]
Appendix B.2.38.1.1.1 Diſsentient to the 15th Reſolution.

‘I diſſent to every one of the 25 Re⯑ſolutions. Beau—t.’ ‘I diſsent to the 1, 4, 5, 6, 9, 15, 18, 19, 21, 22, 23, 25th. Reſolutions. Abing—n.’ Becauſe we humbly conceive nothing could have been more equal on this Head of the Treaty, than that neither of the Kingdoms ſhould have been burdened with the Debts of the other contracted before the Union, and if that Propoſal which we find once made in the Minutes of the Treaty had taken place, there would have been no occaſion to have employed the Revenues of the Kingdom of Scotland towards the pay⯑ment of the Debts of England, thoſe Revenues might have been ſtrictly appropriated to the Debts of that Kingdom, and to any other uſes within themſelves as ſhould have been jud⯑ged requiſite, and there would have been then no need of an Equivalent of very near 400000 l. to be raiſed on England within this year, for the purchaſe of theſe Revenues in Scot⯑land, which however it may prove to be but a reaſonable Bargain upon a ſtrict Calculation, there does not ſeem to have been a neceſſity juſt now to have raiſed ſo great a Sum, when this Kingdom is already burdened with ſo vaſt ones for the neceſſary Charges of the War.

Roch—r, N—th and G—y L—h, G—ford.
Appendix B.2.38.1.1.1 Diſſentient to the 22d. Reſolution.

Becauſe we humbly conceive in the firſt place, that the Number of 16 Peers of Scotland, is too great a Proportion to be added to the Peers of England, who very rarely conſiſts of more than 100 attending Lords in any one Seſſion of Parliament, and for that Reaſon we humbly apprehend ſuch a Number of 16 may have a very great Sway in the Reſolutions of this Houſe, of which the Conſequences cannot now be foreſeen.

In the ſecond place, we conceive the Lords of Scotland, who by virtue of this Treaty, are to ſit in this Houſe, being not qualified as the Peers of England are, muſt ſuffer a Di⯑minution of their Dignity to ſit here on ſo different Founda⯑tions, their Right of Sitting here depending intirely on an Election, and that from time to time during the continuance of one Parliament only; And at the ſame time we are humbly of Opinion, that the Peers of England who ſit here by Creation from the Crown, and have a Right of ſo doing in themſelves, or their Heirs by that Creation for ever, may find it an Alteration in their Conſtitution, to have Lords added to their Number to Sit and Vote in all Matters brought before a Parliament, who have not the ſame Tenure of their Seats in Parliament as the Peers of England have.

N—h and Gr—y, Buck—am, Le—h, Roch—r, Guil—d.
Appendix B.2.38.1.2 Die Martis 4o Martii.
[75]

Hodie 3a vice lecta eſt Billa, Intituled, Act for an Union of the Two Kingdoms of England and Scotland.

Then a Rider was offered to be added to the Bill, which was read as follows, viz. ‘Provided always, that nothing in this Ratification contained, ſhall be conſtrued to extend to an Approbation, or an Acknowlegment of the Truth of the Presbyterian way of Worſhip, or allowing the Religion of the Church of Scotland to be what it is ſtiled, the true Proteſtant Religion.’

And it being propoſed that the ſame be read a ſecond Time, and the Debate thereupon. The Queſtion was put, whether this Rider ſhall be read a ſecond Time.

It was reſolved in the Negative.

Appendix B.2.38.1.2.1

Diſſentient.

Beau—t, Buck—am, N—h and G—y, Angl—y, Northam—n, Abing—n, Winch—ea, Noting—m, Geo. B—th and W—lls, Tha—t, Gra—lle, Sta—ll, Guern—y, Wey—th, Guil—d, L—h.

The Queſtion was put, Whether this Bill ſhall paſs? It was carried in the Affirmative.

Appendix B.2.38.1.2.1

Diſſentient

Not—m, Angl—y, Tha—t, Winch—a, Northam⯑—n, Scarſ—le, Weym—h, Guer—y.
Appendix B.2.38.1.2.1

Becauſe the Conſtitution of this Kingdom has been found ſo very Ex⯑cellent, and therefore juſtly applauded by all our Neighbours for ſo ma⯑ny Ages; So that we cannot conceive it prudent now to change it, and to venture at all thoſe Alterations made by this Bill, ſome of them eſpe⯑cially being of ſuch a Nature, that as the Inconveniency and Danger of them, (in our humble Opinion) is already but too obvious, ſo we think more Proper and Decent to avoid entering further into the particular Comprehenſions we have from the paſſing this Law.

Beau—t, Buck—m, Sta—ll, Guil—d, Gran—e, Le—h.

Appendix B.2.39 No A 3.

[76]
Appendix B.2.39.1 To the Right Honourable the Convention of Royal Burrows the PETITION of the Merchants Owners of the Ships and Cargos now arrived at London and other Ports of England,
Humbly Sheweth,

THat where we under Subſcribing, having upon the Faith of the Treaty of Union, ſent from Scotland to England ſeveral Goods and Merchandize allowed to be imported to Scotland before Commenc⯑ment of the Union, and which were Entered and paid Her Majeſties Duties, and for which before Tranſportation, we obtained Coaſting Coc⯑quets (a Copy whereof as approven by the Attourney General at London, was tranſmitted to the Lords of Treaſury here, and delivered by them to the Officers of Her Majeſties Cuſtoms) upon which we had good ground to reſt ſecure, yet to our great Surprize, we have Information, that not only our Ships and Goods are ſeized, but the Goods themſelves made havock of and imbezzel'd (expreſly contrair to the Articles of Uni⯑on) our Seamen Impreſt, and our Ships thereby rendered uſeleſs, which Treatment is ſo unſupportable, that all theſe promiſed Advantages by the Union, are like to be ſo many Traps to inſnare us, which in end muſt turn to our inevitable Ruine; For if our Effects be ſeized, and our Ships laid up, and taken from us by Violence, where ſhall we have any hopes left us for Trade.

Theſe our Grievances we have thought fit to lay before your Honours the Repreſentatives of the Royal Burrows in Convention aſſembled, that you in your Prudence may addreſs Her Majeſty in ſuch Terms as the preſent Emergent of ſo much Import and Concern to the Nation doth re⯑quire.

May it therefore pleaſe your Honours ſeriouſly to conſider of what we have above repreſented, and to lay our Caſe before Her Majeſty.

Appendix B.2.40 No B 3.

Appendix B.2.40.1 A Copy of the Addreſs of the Royal Burrows to Her MAJESTY.
To the Queens moſt Excellent Majesty;

WE your Majeſties moſt Loyal and Dutiful Subjects, the General Convention of the Royal Burrows in this part of your Majeſties U⯑nited Kingdom called Scotland, Do moſt humbly repreſent, That having received ſeveral grievous Complaints from the trading Merchants, how that they upon the Faith of the late Treaty of Union betwixt the [77] two Kingdoms, Ratified in both their Parliaments, have from ſeveral Ports of Scotland ſent to London, and ſeveral Ports in England Goods and Merchandize allowed to be imported to Scotland, and actually there im⯑ported before the Union, for which they not only paid Your Majeſties Du⯑ty; But being reſolved upon the Faith of the ſaid Treaty to ſend them to England, after due Deliberation, they by Warrant from England re⯑ceived Coaſt-Cocquets and other ordinary Documents from Your Majeſtys Commiſſioners of the Cuſtoms lately eſtabliſhed, and did alſo to cut off all pretext, make faith before the Lords of Your Majeſties Treaſury and Exchequer, and other Judges, That the Goods were imported upon their own proper Account, and upon their own proper Riſque.

Notwithſtanding whereof, they have very ſurpriſing Accounts from their Correſpondents in England, that the Commiſſioners of Your Maje⯑ſties Cuſtoms there, have given Orders to ſeize their Ships and Goods, and that ſome of them are actually ſeized, and others both ſeized and imbezzelled, and that the beſt Conditions they can obtain from Your Maje⯑ſties ſaid Commiſſioners in England, are; That they ſhould give Se⯑curity or Bail in ſome caſes for Ship and Cargo, and in other Caſes, for paying new and high Duties, at the Determination of the Britiſh Par⯑liament: All which being in our humble Apprehenſion nothing agree⯑able, but contrary to the Faith of the ſaid Articles of Treaty, and a ma⯑nifeſt Diſappointment of theſe Advantages and Encouragements that we ſtill did, and do firmly promiſe our ſelves from Your Majeſties Royal Juſtice and moſt gracious Government, and with all ſuch viſible Hard⯑ſhips as muſt be the Loſs and even the Ruin of many honeſt Traders, who cannot bear their Ships and Goods to be thus incumbred by Bail and Law-ſuits, or double and high Duties, and withal ſubjected to the Delay and Hazard of uncertain Determination.

We cannot but in the greateſt Submiſſion whereof we are capable, and with a yet greater Confidence of Your Majeſties Royal Juſtice and Good⯑neſs, whereof we have had ſo great and innumerable Proofs, lay the Caſe before Your Majeſty as it is, viz. That by the firſt Article of the Treaty of Union, the two Kingdoms are for ever united into one after the firſt of May laſt, which plainly after that day excludes the very Notion of Importation, or Importers betwixt them, and all former Reſtrictions and Penalties impoſed thereupon: And by the Fourth Article, It is agreed that all the Subjects of the ſaid united Kingdom ſhall from and after the Union, have full Freedom and Intercourſe of Trade to and from any Port or Place within the ſaid united Kingdom, and that there be a Communi⯑cation of all other Rights and Privileges which do or may belong to the Subjects of either Kingdom; By which it is plain, that we have the ſame Privilege to tranſport our Effects notwithſtanding of former Reſtraints from one part of Britain to another, which Your Majeſties Subjects of Berwick, Newcaſtle, Briſtol, &c. do injoy in importing now to Scotland, without any Comptrol all ſuch Goods both of Engliſh and Foreign Manu⯑facture and Growth, as were before the Union expreſly prohibite by our Laws: And farther, by the 25 and laſt Article of the ſaid Treaty, It is by Statute Enacted, that all Laws and Statutes in either Kingdom, ſo far as they are contrary to, and inconſiſtent with the Articles of the U⯑nion, ſhall from and after the Union ceaſe and become void; Whereby it evidently appears, that the Prohibitions and Reſtrictions that might have been of Force on either ſide, while we were ſeparate Kingdoms, are now made void and for ever to ceaſe.

Being then founded upon ſuch clear and evident Grounds, and yet much more upon the aſſuring Experiences that we have always had of [78] Your Majeſties Juſtice, Equity, and unparallel'd Goodneſs: We do with all Submiſſion and Humility, Beſeech and Obteſt Your Majeſty, that You would be pleaſed to give ſuch Orders to Your High Treaſurer and Commiſſioners of Cuſtoms, and others in England, that the aforeſaid hea⯑vy and vexatious Grievances may be remeded and removed, that ſo the Hearts and Intereſts of all Your good Subjects may be united to Your Ma⯑jeſties Satisfaction and perpetual Glory.

Appendix B.2.41 No C. 3.

Appendix B.2.41.1 The CLAUSE propoſed in the Engliſh Par⯑liament to prevent the French Goods being Imported thro' Scotland.

AND whereas, it is well known, That in divers Foreign Parts, great Quantities of Goods and Merchandizes have lately been Shipt, and are now Shipping, with Intention to be carried to Scotland, and to be Imported there, paying only the Low Duties in that Kingdom before the firſt day of May 1707. But with a manifeſt Deſign to have the ſame brought Coaſt-wiſe after the ſaid firſt day of May, from that part of Great-Britain now called Scotland, to that part of Great-Britain now cal⯑led England, Wales, or the Town of Berwick upon Tweed, without pay⯑ing the high Duties which are now payable in England, and which after the ſaid firſt of May will be alſo payable in the whole united Kingdom of Great-Britain for the like Goods imported there, which Practice, if it be not timely prevented, does apparently tend, not only to Her Majeſties Damage in Her Revenue, but to the Ruine or Impoveriſhment of many fair Traders, who have Stocks of ſuch Commodities in either of the ſaid Kingdoms, by giving unreaſonable Advantages to Foreigners. Be it therefore Enacted by the Authority aforeſaid, that all Goods and Mer⯑chandize Imported, or to be Imported into Scotland between the firſt day of February to the ſaid firſt of May 1707, from any Foreign parts beyond the Sea, and ſhall after the ſaid firſt day of May be brought by Sea or Land into England, Wales, or the Town of Berwick upon Tweed, unleſs ſuch Goods or Merchandizes were Shipt from any ſuch Foreign parts as aforeſaid, for the Sale, Account and Riſque of ſome of Her Majeſties Natural born Subjects of Scotland, and be afterwards brought from Scotland to England, Wales, or Town of Berwick upon Tweed, as aforeſaid, upon the like Ac⯑count and Riſque, and unleſs ſuch reſpective Goods and Merchandize from the time they were ſhipped in Foreign parts, till the time they were brought into England, Wales, or Berwick by the Way of Scotland as a⯑foreſaid, did wholly and bona fide belong to ſome of Her Majeſties ſaid Subjects of the Kingdom of Scotland, as the Owners thereof ſhall be charge⯑able with, there ſhall be paid or ſecured for the ſame, ſo much Money, as together with the Moneys which ſhall have been actually paid upon the Importation into Scotland, ſhall compleat all the Subſidies, Impoſitions and other Duties which are to be paid or ſecured for the like Goods of [79] Merchandize, in caſe they were Imported directly into England before the ſaid firſt day of May.

And in caſe ſuch Goods and Merchandize be ſo brought in and landed before ſuch payment made, and Security given, (as the Caſe requires) the Goods ſo landed ſhall and may be ſeized, and the ſame and the Importers thereof be lyable to ſuch Penalties and Forfeitures as by the Laws of En⯑gland are preſcribed for landing the like Goods without paying or ſecur⯑ing Her Majeſties Duties, or for defrauding Her Majeſty thereof; and if any Doubt or Queſtion ſhall ariſe, Whether the Goods and Merchandize ſo brought in, or any of them were brought from Foreign parts by the way of Scotland, for the Sale, Account and Riſque of ſome of Her Majeſties Sub⯑jects of that Kingdom, within ſuch days and times as aforeſaid, or were their Property in ſuch manner as aforeſaid, the Onus Probandi ſhall ly u⯑pon the Perſon or Perſons, that ſhall claim the ſaid Goods and Merchan⯑dize, and not upon the Seizer, Informer or Proſecutor.

Appendix B.2.42 No D 3.

Appendix B.2.42.1 The Humble ADDRESS of the Scots Merchants at London, to the Right Honourable the Lords Spiritual and Tem⯑poral Aſſembled in Parliament, againſt Paſſing the Bill, for laying Duties upon Goods which may be brought by Her Majeſties Subjects, from Scotland to England af⯑ter the Commencement of the UNION.

BY the Articles of UNION moſt ſolemnly ratified in Scotland and En⯑gland, It is expreſly declar'd, That from and after the firſt of May 1707, the two Kingdoms ſhall be United into one, called Great-Britain, and that all the Subjects of either Kingdom, ſhall have full Free⯑dom and Intercourſe of Trade and Navigation, to and from any Port or Place within the ſaid united Kingdom; and that there ſhall be a Communi⯑cation of all other Rights, Privileges and Advantages, which do or may belong to the Subjects of either Kingdom:

It is humbly conceived, that the Bill now before your Lordſhips, is direct⯑ly contrary to theſe Articles of Union; for nothing can be a greater hin⯑derance to the Freedom and Intercourſe of Trade, than the laying ſuch high Duties on Goods brought from Scotland to England, as are by this Bill in⯑tended to be impos'd on Her Majeſty's Engliſh Subjects, and the Scots re⯑ſiding here, whereby they are deprived of their juſt Right of bringing Goods from Scotland to England by Tranſire Duty free, which is plainly granted to them by the fourth Article of Union, &c.

The Exception in this Bill pretended to be in favour of the Natives of Scotland reſiding there, deſtroys their Privileges alſo; becauſe it only al⯑lows them to bring ſuch Goods Duty free into England after the Union com⯑mences, as have been before that time laden beyond Seas, and imported into Scotland on their own Accounts, but not to bring any ſuch as they have bought, or may buy at their own Markets, whereby this Retroſpect Bill will ſtop the Circulation of Trade, and entail Ruin on all the Tra⯑ders [80] in Scotland, by confining ſuch Quantities of Goods to that part of Great Britain as will exceed the Conſumption thereof.

The Scots being alſo hinder'd by this Bill from bringing Duty free unto England, Goods Imported into Scotland before the firſt of May, where⯑of they have not been the ſole Proprietors, from the time they were firſt Shipp'd off beyond Seas for Scotland, until brought into England; they will be prevented from bringing their own Parts of any Goods, wherein the Engliſh had any ſhare at the time of Importation into Scotland.

And a particular Hardſhip to the Scots, the Bill impoſes on them the unſupportable onus probandi, whereby they will be oblig'd to prove their ſole Property from the time of buying the Goods beyond Seas, to their Arrival in England, in order whereto their Factors, Mariners, Coopers, Ware-houſe-keepers, Porters, and a great number of other Servants muſt be all produced together at the Exchequer Bar, and all maintain'd during their Voyages and Journeys, and Abode in London; ſo that the Evidence neceſſary on this occaſion will coſt at leaſt 300 l. Sterling for each parcel of Goods, beſides all the Delay and Vexation of a tedious Courſe of Law, and the ſevere Penalties in caſe they ſhould, by one Neglect or Misfor⯑tune, fail in the leaſt Particular of an abſolute Proof.

This Bill will not anſwer the propos'd End of advancing Her Majeſties Revenues, but ſeems to be founded on miſtaken Notions of Trade, ſince after the Union commences, the Diſadvantages, or Conveniencies to Great Britain will be equal, whether the Goods then in Scotland remain, and be conſum'd in that, or any other part of the United Kingdom.

The Allowances granted in ſome Articles of the Union, whereby the Re⯑gulation of minute Circumſtances is left to the Parliament of Great-Britain, ſeems to be an unanſwerable Argument, that where no ſuch Li⯑berty is given, even the Parliament of Great-Britain was not intended to have the Power of making any Alterations or Regulations; and as the laſt Article of the Union confirms the whole by repealing all Laws in either Kingdom, which are contrary to the Articles, This Bill, if it ſhould paſs into an act, and all other Laws being inconſiſtent with the Articles, of any of them, will, as it's humbly conceived, be void after the Firſt of May.

This Bill differs little from the former ſent up to your Lordſhips laſt Seſſion, which your Lordſhips did not then think fit to paſs.

Therefore it's hop'd that your Lordſhips will not paſs this Bill, being, as is humbly conceiv'd, more injurious than the former, and which can only ſerve to advance Diſtinctions and Animoſities between the Subjects of Scotland and England, and prevent that Union of Hearts, which Her Maieſty ſo graciouſly recommended from the Throne.

*⁎* Note, This Bill is unneceſſary in reference to Foreigners, who can have no Benefit nor Share in the Communication of Trade and Privileges men⯑tioned in the 4th Article of Union, the ſame being thereby prudently re⯑ſtricted to the Subjects of both Kingdoms.

Appendix B.2.43 No E 3. OBSERVATIONS UPON THE Fourth Article of UNION.

[81]

I. EQuity and Reaſon places the Subjects of the ſame Kingdom on equal Foot, when they are Cemented together in Affection, Laws, Trade, and Intereſt, this will be the Caſe after the Union, when Agreements on each ſide are fulfilled; but when England and Scotland were ſeparate, they who ſubmitted, propoſed the Terms, and Equiva⯑lents of an Union; and when theſe are granted, and agreed, ſhould be honourably maintained, with the greateſt Nicety, and favourable Inter⯑pretation to the Weakeſt. The Reputation of England abroad, is found⯑ed on the Stability of their Treaties, ss much as on the Strength of their Arms, Treaſure, or Conſtitution.

With the ſame Strength of Reaſon and Equity, may the Scots deſire that Engliſh-Men, ſince February laſt, ſhould be ſubject to the Onus Probandi, for Goods in their Poſſeſſion, imported by Foreigners, or for Account of Foreigners under Covert.

By the ſame Rule of Reaſon, that the Engliſh require an Augmentation of Duties on Goods imported into England, may the Scots deſire that Goods in England ſhould be Taxed with Scots Duties, and then both King⯑doms would be on equal Terms.

The Eſtabliſhment of the Union, was a Communicatory Contract, a⯑greed and fixt, by Perſons equal in Knowledge, and Freedom of Will; the Matter in Debate was Propoſed, Argued, and Covenanted, afterwards Confirmed in the moſt Solemn and Authentick Manner, by the Parlia⯑ments of both Kingdoms, and cannot now legally, and in a decent or friendly Manner, be touched or amended in any oint, but by the Parli⯑ament of Great-Britain, who are the competent Judges of the Rights, Pri⯑vileges, and Conveniencies of the United Kingdoms, when the general Good, Safety and Intereſt of the whole, will, with it's natural Weight, ſway the Ballance of Equity, when England will have no Reaſon to repine at any accidental Advantage, which Scotland may get by the Union, at it's Commencement, ſince it will not only enable, but encourage that Part of the United Kingdom, to undergo with Chearfulneſs their future Reſtrictions, and Taxes.

II. To the Second Reaſon the Anſwer is plainly obvious, that the Sixth, Seventh, Fifteenth, and Eighteenth Articles of the Union, were conſented to by Scotland, in Conſideration of an Equivalent, and the Senſe of the Commiſſioners, on the Point of Cuſtoms, is more fully explained in the Fourteenth Article of Union, viz. ‘'That the Kingdom of Scotland ſhall not be charged with any Duties laid on by the Parliament of England, before the Union, except theſe conſented to in this Treaty.’

Certainly the Scots never expected, that in the Interval between the Ratification of the Articles, and the Commencement of the Union, the Parliament of England would have laid the Onus Probandi upon the [82] Subjects of Scotland, and for a time ſo far backward, nor that a greater Proof for the Property of Goods, ſhould be required from the Subjects of Scotland, than what is ſtipulated for juſtifying their Intereſt in Shipping, by the Fifth Article of Union, by which they are free from all perplex⯑ing Tryals at the Exchequer Barr, and are treated therein as Friends, and Men of Probity, by referring the Proof of their Intereſt, to their proper Oath, to be taken in the Port next to the abode of the Owner; this ſhows that the Scots never would have conſented to undergo the Onus probandi in England, for any Goods in their Poſſeſſion, belonging to them, at or before the Union.

It was abſolutely impoſſible to attain this Union, without a free Com⯑munication of Trade; and in Conſequence, as abſolutely Impoſſible to hinder the Scots from Trading; as Scotſ-men, in their own Kingdom, until the Union commences; or from trading afterwards, as Britains, when the Union takes place. To deny them the firſt Privilege, is to take a⯑way their Birth-right; and to debar them from the latter Advantage, would be a grievous Detriment, and a ſenſible Injury; becauſe it touch⯑es their Property at preſent, and weakens their Hopes of Advantage in fu⯑ture by the Union: At leaſt it will make them think their Title preca⯑rious and uncertain.

After the firſt of May 1707, when the Union is to commence, the Goods then brought from Scotland to England, and vice verſa can't in any Senſe be ſaid to be either Exported or Imported; ſeeing, whether by Land or Water, they will only be carried from one place to another, within the ſame Kingdom: And therefore this Matter can no ways be comprehen⯑ded under the Sixth Article.

III. To the Third Reaſon, That the fair Traders of England will be great Sufferers, &c. It may be anſwer'd, That a certain ſort of fair Tra⯑ders, commonly diſtinguiſh'd by the Character of well-meaning F—s, are greater Sufferers daily, by the cunning Contrivances of Stock-Jobbers, and other over-reaching Practices in Commerce, they would not cenſure a Man, who can take up Money at 4 per Cent. from private Perſons, and at the ſame time can lend it to the Government at 8 per Cent. If by the fair Traders, be meant the Wine Merchants or Vintners, thoſe who know their Method of Management, will admire how they have gain'd this Character: Allowing it, however, to them for once, in Complaiſance, their Damage will be as ſoon forgot, as the Loſs of a Ship is on the Exchange; and their Loſs will be recompenſed by a publick Advantage, which hap⯑pens but once, and will be of very ſhort Continuance. The Nobility and Gentry of England may drink the Queens Health, and Proſperity to the Union, in a Glaſs of Claret, at 2 s. 6 d. per Quart; on which the beſt of the Nation ſaves 2 s. ſeeing the Vintner ſells his mixt Liquor at 4 s. 6 d. The Scots Merchant or Importer from Scotland cannot gain nor ſave by his Sale, one fourth part of what the Engliſh Nation does; and the Pro⯑portion will hold the ſame, upon whatever Quantities of Goods are Im⯑ported from Scotland, if it were poſſible, to the value of a Million of Mo⯑ney. The Nation of England, in this Time of Jubilee, will be by far the greateſt Gainer. If the ſole Profit redounds wholly to the Scots Mer⯑chants, or to the Importers from Scotland, then the Price of Goods will be kept at their preſent Height, and the fair Traders of England cannot loſe by the Stocks of Goods now on their Hands.

IV. That the Revenue of the Cuſtoms will be very much diminiſhed, may be anſwered, That this is not a real loſs, but accidental and ima⯑ginary: For without the Union and Freedom of Commerce, thoſe Goods [83] would not have been imported; and I am perſwaded, the Queen would rather loſe the Value of the Goods imported, than ſuffer the Foundation of the Union to be undermined, or Her Subjects in Scotland to undergo Hardſhips, from which, in virtue of this Union, they may ſo reaſonably expect an Exemption. And I believe, all Her Majeſties Friends, and Well-wiſhers to Great-Britain, will cordially praiſe Her Sentiments, and readily concur in ſuſpecting the Aſſertions of ſome Gentlemen, as to the Quantities of Goods expected from Scotland. Theſe very Perſons would not be afraid of finding Money, in a Days time, to purchaſe the whole at prime Coſt, and to put themſelves in place of the Scots: Then they would cry up the Union as ſacred, as the firmeſt Foundation of our Con⯑ſtitution, and would ſeverely cenſure the leaſt Encroachment.

V. To the Fifth and moſt important Reaſon, The Promoters of the Bill are great Men in their way, but in Compariſon with Great-Britain, like two Drops of Water to the Ocean; and in their greateſt Splendour are only valuable ſo far, as they are uſeful to the Common Good; it's humbly conceiv'd, every prudent Man will conclude, it's better to let a few Men grumble, than to diſguſt a Kingdom, and the beſt of Queens, by endangering the Conſtitution of Great-Britain.

Appendix B.2.44 No F. 3.

Appendix B.2.44.1 COMMISSION and PROCLAMATION Naming Juſtices of Peace within Scotland.

ANNE by the Grace of GOD, Queen of Great-Britain, France and Ireland, Defender of the Faith, To Our Lyon King at Arms, and his Brethren Heraulds, Macers of Our Privy Council, Purſevants, Meſſengers at Arms, Our Sheriffs in that part, conjunctly and ſeverally, ſpecially Conſtitute, Greeting: Foraſmuchas, The appointing of Juſtices of the Peace, in that part of Our Kingdom of Great-Britain called Scot⯑land, will contribute to the Peace, Quiet and good Government thereof, and to the ſpeedy and impartial Execution of Law and Juſtice, to all perſons ſubjected to their Power and Juriſdiction, Therefore, and for the furtherance of theſe ends, We with Advice of the Lords of Our Privy Council in Scotland, Do hereby Nominate, Conſtitute and Appoint the Perſons after ſet-down, for the reſpective Shires and Burghs after-mentioned, to be Juſ⯑tices of the Peace within the ſame, in manner and to the effect after expreſt, GIVING, GRANTING and COMMITTING to the ſaid Perſons and their Quorum, Appointed by the Act of Parliament One Thouſand Six Hundred & ſixty One, within their reſpective Bounds, full Power, Warrant and Commiſſion, To Exerce the Office and Offices of Juſtices of the Peace, and to Do, Uſe and Practiſe whatever to that Truſt doth appertain by the Laws and Acts of Parliament of Scotland. And more eſpecially, by the Thirty Eighth Act of the Parliament One thouſand ſix Hundred and Sixty One Years, Intituled, Commiſſion and Inſtructions to the Juſtices of the Peace and Constables. And which Inſtructions are here held as repeated. As alſo, to Do, Uſe and Exerce whatever doth appertain to the ſaid Of⯑fice [84] and Truſt by virtue of the Laws and Acts of Parliament made in England before the Union, more particularly ſo far as the ſame may con⯑cern the Office or Duty of Juſtices of the Peace in the reſpective Bounds, in all Matters relating to Our Cuſtoms and Exciſe, for the better Obſer⯑vation of the Articles of the Union in all Points. As alſo, with full Power to the ſaids Juſtices of Peace and their Quorum foreſaid, To appoint Conſtables conform to the ſaid Act of Parliament One Thouſand ſix Hundred and ſixty One, within their reſpective Bounds, and accor⯑ding to the Tenor and Inſtructions ſet down therein for Conſtables in all Points. The ſaids Juſtices of the Peace and their Clerks reſpective, Tak⯑ing and Swearing the Oath of Alledgeance, and Subſcribing the ſame, with the Aſſurance, as alſo taking the Oath de fideli adminiſtratione at their firſt Meeting, which is hereby Declared to be upon the ſecond Day of September next to come, for all theſe beſouth the Water of Tay, and upon the ſixteenth Day of the ſaid Month of September next for all theſe be⯑north the ſaid Water of Tay; At the Head Burghs of the reſpective Shires and Stewartries above-mentioned. Likeas, They are hereby Ordained to Report their ſaid Taking and Swearing the Oath of Alledgeance, and Subſcribing the ſame, with the Aſſurance, to the Clerk of Our Privy Council in Scotland, within Ten Days thereafter. And it is hereby pro⯑vided, That this Our Commiſſion granted to the ſaids Juſtices, and each of them within their reſpective Bounds as aforeſaid, is only to endure during Our Pleaſure, and until We ſhall Recall the ſame. Likeas, it is further Provided and Declared, that it ſhall be always Leiſom to Us to add to the Number of Juſtices of Peace within the reſpective Bounds a⯑foreſaid, by a Letter or Warrant under Our Royal Hand, ſuch Perſons as We ſhall from time to time think fit: Which Perſons ſo to be added ſhall have the ſame Power and Authority as if their Names were expreſly con⯑tained in this Our Commiſſion and Proclamation. As likeways, Reſer⯑ving to Us Our full Power to Remove or Suſpend any of the ſaids Juſti⯑ces of Peace from their ſaids Truſts and Imployments, by a Letter or Warrant under Our Royal Hand. And laſtly, We with Advice foreſaid, do hereby Declare all former Commſſions to Juſtices of Peace preceeding the Date hereof to be void and null. Our Will is herefore, &c.

Appendix B.2.45 No E. 3.

Appendix B.2.45.1 COPY of Her Majeſties Commiſſion to the Juſtices of Peace of Edinburgh Shire, with the Powers and Inſtructions to the whole Juſtices in North-Britain.

ANNE by the Grace of GOD Queen of Great Britain, France and Ire⯑land, Defender of the Faith, &c, To Our Deareſt Husband George Prince of Denmark, The moſt Reverend Father in Chriſt and Our Faithful Counſellor Thomas Archbiſhop of Canterburry, Primate of all England and Metropolitan thereof, Our Well beloved and Faithful Counſellor William Lord Couper Chancellor of Great Britain, &c. Know ye, That We have made and Aſſigned You conjunctly and ſeverally, and each one of you Our Juſtices for preſerving the Peace in Our Shire of Edinburgh, and to the keeping of the whole Acts, Laws and Statutes, for the good of Our Peo⯑ple [85] and Keeping thereof; And for the Quiet Rule and Government of Our People in all and ſundry Articles thereof within your ſaid Shire, as well within the Liberties as without the ſame. And for the Keeping and Making the ſame to be Keeped, according to the Strength, Form and Effect of the ſaid Laws, and for the Chaſtiſing and Puniſhing Delinquents or Tranſgreſſors of the foreſaid Cuſtoms, Laws and Statutes, or any of them within your ſaid Shire; According and Conform to the Cuſtom, Laws and Statutes made or to be made, and for making all thoſe who do Menace or Threaten one another of Our People of their Bodies, or of Burning their Houſes, find ſufficient Security to the Peace; And that ye cauſe them come before You or any of You for that Effect; And if they ſhall refuſe to find ſuch Security, then you ſhall cauſe them be keeped ſafely in Our Priſons until they find the ſaid Security. As alſo, We have given to you and each two or more of you, of whom any of you above-named, George Prince of Denmark, The Arch-Biſhop of Canterbur⯑ry, Chancellor of Great-Britain, &c. We will to be one of our Juſtices for In⯑quiring conform to the Law & Cuſtom of the Land, concerning all & what⯑ſomever Fellonies or Capital Crimes, Witchcrafts, Inchantments, magical Arts, Sorceries, Tranſgreſſions, Foreſtallings, Regratings, Ingroſſings, and Extortions whatſomever, and all and every other Malefices and Offences, concer⯑ning which, the Juſtice of our Peace may lawfully Inquire into, or ought to Inquire into, by whomſoever or whatſomever Perſons within the ſaid Shire the ſame be acted or done, or which hereafter ſhall happen there to be done or attempted; As alſo concerning all thoſe who within the ſaid Shire, ſhall either go or ride Armed in Conventicles contrary to Our Peace, in Moleſtation of our People, or hereafter ſhall preſume ſo to go or ride; as alſo, concerning all thoſe who there ly in wait for Hurting, Demembrating, or Killing of Our Subjects, or who hereafter ſhall preſume to ly in wait; as alſo, concerning all Inns and Publick Houſes, and all and ſundry other Perſons, who have tranſgreſſed in abuſing of Weights and Meaſures, or in Sale of Victuals contrary to the Form, Laws and Statutes, or any of them made for the common Good of Our People, or concerning them who have attempted to Tranſgreſs, or hereafter ſhall preſume to Tranſgreſs and Attempt the ſame; And ſicklike concerning whomſoever Sheriffs, Baillies, Stewarts, Conſtables, Keepers of Goals, and other Officers, who unduely behaved themſelves in the Execution of their Offices concerning the Premiſſes, or any part thereof; Or who ſhall hereafter preſume to behave themſelves unduely, or who have been Mean, Remiſs or Negligent, or for hereafter ſhall Happen to be ſo with⯑in your ſaid Shire. And concerning all and ſundry Articles and Circum⯑ſtances, and other Things whatſoever, done or perpetrate by whomſo⯑ever or whatſoever Perſons in your ſaid County, or which ſhall happen to be done or attempted for hereafter, concerning the full Truth, of whatſoever ſort of the Premiſſes, or any of them; And to look into what⯑ſomever Indictments or Libels made, or to be made before you, or any of you, or made and taken before the late Juſtices of Our Peace within the ſaid Shire, and not yet determined: As alſo to Proceſſes thereupon concerning all and ſundry ſuch Indictments and Accuſations, or by mak⯑ing and compelling them who ſhall happen hereafter to be Indicted or ac⯑cuſed before you, until they be taken, and deliver themſelves, or be Outlawed or Denunced Rebels, and to hear and determine all and ſundry Fellonies, Capital Crimes, Witch-craft, Inchantments, Magical Arts, Sorceries, Tranſgreſſions, Foreſtallings, Regratings, Ingroſſings, Extor⯑tions, Conventicles, Indictments; And moreover, all and ſundry others the Premiſſes conform to the Laws and Statutes of the Kingdom, as the ſame uſed to be in the like Caſes; And for chaſtizing and puniſhing the ſame Delinquents, and each of them in their own Crimes by Fines, Re⯑demptions, [86] Amerciaments, and Out-laws, or any otherwiſe accuſtomed to be, or ought to be conform to the Law, and Conſuetude of the Land, or the Form, Law and Statute of the ſame. Providing always, that if any Difficulty ſhall happen to ariſe at Determining of any of the Premiſ⯑ſes, before you or any Two, or more of you, Then you ſhall not proceed in it to give Judgment, except in the preſence of one of Our Lords of Juſticiary, or one of Our Juſticiary holding the Circuit Courts aſſigned in your ſaid County; And therefore, We charge you, and every one of you, that you diligently attend concerning the Keeping the Peace, Laws and Statutes, and whole other Premiſſes, And that you, or any two of you or more, appoint for that end, certain Times and Places, and diligently make Enquiry in the Premiſſes, and hear and determine all and ſundry the Premiſſes, and make and cauſe theſe Things to end, and be fulfilled according to the foreſaid Form made thereanent, which pertains to the Juſtices of Peace, conform to the Law and Conſuetude of the Land. Re⯑ſerving to Us the Amerciaments and others ariſing to Us therefrom, WE BE THE TENOR HEREOF, charge you, Our Sheriffs of Edinburgh; That at ſuch certain Days and Places as two or more of the ſaid Juſtices ſhall acquaint you of, you cauſe ſo many and ſuch honeſt and lawful Men of your Shire, as well within the Liberties, as without the ſame come before you, the ſaid Juſtices, or any two or more of them, as ſaid is, by whom the Verity of the Matter in the Premiſſes may be the better known and determined; And We alſo charge our Custos Rotulorum, or Keeper of the Rolls of our Peace within the ſaid Shire, that he cauſe ſhort Pre⯑cepts or Minutes of Proceſſes or Indictments come before you at the ſaid Days and Places, that they may be Enquired into, and duely Ended and Determined, as ſaid is. In Teſtimony whereof, We have made thir Preſents patent,

Witneſs my Self at Weſtminſter, the 13 of May, and of Our Reign the 7 Year.
Sic Subſcribitur WRIGHT

Appendix B.2.46 No H. 3.

Appendix B.2.46.1 An Act for rendring the Union of the two Kingdoms more Intire and Complete.
Anno Sexto ANNAE REGINAE.

WHereas by Her Majeſties great Wiſdom and Goodneſs, the Union of the Two Kingdoms hath been happily Effected, and the whole Iſland is thereby ſubject to one Sovereignty, and Repreſented by one Parliament; To the end therefore that the ſaid Union may be ren⯑dred more Complete and Intire, Be it Enacted by the Queens moſt Ex⯑cellent Majeſty, by and with the Advice and Conſent of the Lords Spi⯑ritual [87] and Temporal, and Commons in this preſent Parliament Aſſem⯑bled, and by the Authority of the ſame, That from and after the firſt Day of May, in the Year of Our Lord, One thouſand ſeven hundred and eight, the Queens Majeſty, Her Heirs and Succeſſors, ſhall have but one Privy Council in or for the Kingdom of Great-Britain, to be Sworn to Her Majeſty, Her Heirs and Succeſſors, as Sovereigns of Great-Britain, and ſuch Privy Council ſhall have the ſame Powers and Authorities as the Privy Council of England lawfully Had, Uſed and Exerciſed at the time of the Union, and none other.

And to the end the Publick Peace may be in like manner Preſerved throughout the whole Kingdom, Be it further Enacted by the Authority aforeſaid, That in every Shire and Stewartry within that part of Great-Britain called Scotland, and alſo in ſuch Cities, Boroughs, Liberties and Precincts within Scotland, as Her Majeſty, Her Heirs or Succeſſors, ſhall think fit, there ſhall be appointed by Her Majeſty, Her Heirs or Succeſ⯑ſors, under the Great-Seal of Great-Britain, a ſufficient Number of Good and Lawful Men to be Juſtices of the Peace within their reſpective Shires, Stewartries, Cities, Boroughs, Liberties or Precincts, which Perſons ſo appointed, over and above the ſeveral Powers and Authorities veſted in Juſtices of the Peace by the Laws of Scotland, ſhall be further Autho⯑rized to Do, Uſe and Exerciſe over all Perſons within their ſeveral Bounds, whatever doth appertain to the Office and Truſt of a Juſtice of Peace, by Virtue of the Laws and Acts of Parliament made in England before the Union, in relation to or for the Preſervation of the publick Peace, Pro⯑vided nevertheleſs, that in the Seſſions of the Peace the Methods of Try⯑al and Judgments ſhall be according to the Laws and Cuſtoms of Scot⯑land.

Provided, That nothing in this Act contained ſhall be conſtrued to al⯑ter or infringe any Rights, Liberties or Privileges heretofore granted to the City of Edinburgh, or to any other Royal Borough, of being Juſtices of the Peace within their reſpective Bounds.

And whereas by an Act made in Scotland in the Third Seſſion of the Se⯑cond Parliament of the late King Charles the Second, Intituled, An Act concerning the Regulation of the Judicatures, ſeveral Good and wholſom Pro⯑viſions were made concerning the Juſtice-Court, and amongſt others it was thereby Enacted, That once a Year Circuit-Courts ſhould be kept at the Time and Places in the ſaid Act mentioned: Now for the better and ſpeedier Adminiſtration of Juſtice, and further Preſervation of the Pub⯑lick Peace in that Part of the Kingdom of Great-Britain called Scotland, Be it alſo Enacted by the Authority aforeſaid, That for the future Twice in the Year, that is to ſay, In the Months of April or May, and in the Month of October, Circuit-Courts ſhall be kept in the ſeveral Places in the ſaid Act mentioned, and in Manner and Form as in the ſaid Act contained.

And for the more Uniform and Expreſs Method of Electing and Re⯑turning Members of Parliament, Be it likewiſe further Enacted by the Authority aforeſaid, That when any Parliament ſhall at any time here⯑after be Summoned or Called, the Fourty Five Repreſentatives of Scot⯑land in the Houſe of Commons of the Parliament of Great-Britain, ſhall be Elected and Choſen by Authority of the Queens Writs under the Great-Seal of Great-Britain, directed to the ſeveral Sheriffs and Stewarts of the reſpective Shires and Stewartries; and the ſaid ſeveral Sheriffs and Stew⯑arts ſhall, on Receipt of ſuch Writs, forthwith give Notice of the time of Election for the Knights or Commiſſioners for their reſpective Shires or Stewartries, and at ſuch time of Election the ſeveral Free-holders in the reſpective Shires and Stewartries ſhall Meet and Convene at the Head-Burghs of their ſeveral Shires and Stewartries, and proceed to the Elec⯑tion [88] of their reſpective Commiſſioners or Knights for the Shire or Stewart⯑ry; and the Clerks of the ſaid Meetings, immediately after the ſaid E⯑lections are over, ſhall reſpectively return the Names of the Perſons E⯑lected to the Sheriff or Stewart of the Shire or Stewarty, who ſhall An⯑nex it to his Writ, and Return it with the ſame into the Court out of which the Writ Iſſued: And as to the manner of Election of the Fifteen Repreſentatives of the Royal Boroughs, the Sheriff of the Shire of Edin⯑burgh ſhall, on the Receipt of the Writ directed to him, forthwith direct his Precept to the Lord Provoſt of Edinburgh, to cauſe a Burgeſs to be E⯑lected for that City; and on Receipt of ſuch Precept, the City of Edin⯑burgh ſhall Elect their Member, and their Common Clerk ſhall certifie his Name to the Sheriff of Edinburgh, who ſhall Annex it to his Writ, and Return it with the ſame into the Court from whence the Writ Iſſued: And as to the other Royal Burghs, divided into Fourteen Claſſes or Di⯑ſtricts, the Sheriffs or Stewarts of the ſeveral Shires and Stewartries, ſhall on the Receipt of their ſeveral Writs, forthwith direct their ſeveral Pre⯑cepts to every Royal Borough within their reſpective Shires or Stewar⯑tries, reciting therein the Contents of the Writ, and the Date thereof, and Commanding them forthwith to Elect each of them a Commiſſioner as they uſed formerly to Elect Commiſſioners to the Parliament of Scot⯑land, and to Order the ſaid reſpective Commiſſioners to Meet at the pre⯑ſiding Borough of their reſpective Diſtrict (naming the ſaid preſiding Bo⯑rough) upon the thirtieth Day after the Day of the Teste of the Writ, unleſs it be upon the LORDS-Day, commonly called Sunday, and then the next Day after, and then to Chooſe their Burgeſs for the Parliament: and the common Clerk of the then preſiding Borough ſhall immediately after the Election, Return the Name of the Perſon ſo elected to the She⯑riff or Stewart of the Shire or Stewartry wherein ſuch preſiding Borough is, who ſhall Annex it to his Writ, and Return it with the ſame into the Court from whence the Writ iſſued: And in caſe a Vacancy ſhall hap⯑pen in time of Parliament, by the Deceaſe or legal Incapacity of any Member, a new Member ſhall be Elected in his Room, conformable to the Method herein before appointed; and in caſe ſuch Vacancy be of a Repreſentative for any one of the ſaid Fourteen Claſſes, or Diſtricts of the ſaid Royal Boroughs, that Borough which preſided at the Election of the Deceaſed or Diſabled Member, ſhall be the preſiding Borough at ſuch new Election.

Provided always, That upon the Iſſuing of Writs of Summons for the Electing of a Parliament, if any Shire or Stewartry wherein a Royal Borough is, hath not then a Turn, or Right to Elect a Commiſſioner, or Knight of the Shire or Stewartry for that Parliament, That then it ſhall be Omitted out of the Writ directed to ſuch Sheriff or Stewart, to cauſe a Knight, or Commiſſioner for that Shire or Stewartry to be Elected for that Parliament.

Appendix B.2.47 No I 3.

[89]
Appendix B.2.47.1 A PROCLAMATION. Concerning Engliſh Coyn.

ANNE by the Grace of GOD, Queen of Great-Britain, France and Ireland, Defender of the Faith, To Our Lyon King at Arms, and his Brethren Heraulds, Macers of Our Privy Council, Meſſengers at Arms, Our Sheriffs in that part, Conjunctly and Severally, ſpecially Conſtitute, Greeting: Foraſmuchas by the Sixteenth Article of the Treaty of Union betwixt the two Kingdoms, it is provided, That from and af⯑ter the Union, the Coyn ſhall be of the ſame Standart and Value through⯑out the united Kingdom as now in England; And &c. A Declaration of the Parliaments Approbation, and in what Terms following: That therefore We with Advice of Our Privy Council, have Appointed, and hereby Ap⯑point the Places and Perſons entruſted, and the Day and Time ordered by the ſaid Remit of Parliament, to be as follows, viz. The Towns of E⯑dinburgh, Glaſgow and Aberdeen, to be the Places for Telling in of the ſaid Money, and that at the Town of Edinburgh there be three Tables and diſtinct Offices for receiving in of the Money, one in the Inner-houſe where the Lords of Seſſion are in uſe to meet, another in the laigh Coun⯑cil-houſe where the Magiſtrates of Edinburgh were in uſe to meet, and the Third in the New Room for the Meeting of the Burrows on the Low Ex⯑change, and that each of the ſaids Tables be attended with a ſufficient Number of Tellers, and Clerks for writing Certificates, to be appointed by the Magiſtrates of Edinburgh; And further, That at each Office or Table, there be preſent one of the Lords of Our privy Council, and one of the ſaids Magiſtrates: As alſo, That one of the ſaids Lords, and one of the ſaids Magiſtrates, with a ſufficient Number of Tellers, and an Clerk go to the Bank-Office for telling the Engliſh Silver-money in the Bank. As likeways, that at Glaſgow and Aberden there be competent Tellers kept at the reſpective Council-Houſes of the ſaids Burghs, Atten⯑ded by ſufficient Numbers of Tellers and Clerks; and that the Magiſtrates of the ſaids Burghs reſpectively, at leaſt Three of them be preſent at the Receiving and Telling in of the ſaid Money, and that the day for Telling the ſaid Money be the ſeventeenth Day of April next to come; And that the Attendance begin at the reſpective places above-mentioned at Six in the Morning, and continue till Twelve a clock, and to begin again at Two in the Afternoon, and to continue till Six in the Evening the ſaid Day, at which times and places, all Perſons within this Kingdom having Money of the Silver-Coyn of England, are required to preſent and offer their ſaid Money to be told, that they may receive Certificates in man⯑ner above, and after-mentioned, and the Perſons entruſted reſpectively as above, are hereby required to receive from all Perſons what Engliſh Money they have to preſent and Tell down in their preſence, which be⯑ing ſo Exhibite and Told down, the ſaids Perſons intruſted are to Seal the ſame up in Bags, and detain it till the ſaid ſix a Clock of the ſame Day; [90] and immediately to deliver back to the Owner, with a Certificate ſigned by the Perſons above-mentioned reſpective, viz. At Edinburgh by the Lords of Privy Council and Magiſtrates attending at each Office and Table, and at the Bank-Office, and at Glaſgow and Aberdeen by the Ma⯑giſtrates oft he ſaid Burghs, or Three of them reſpectively before two Wit⯑neſſes, bearing the Sum Exhibite and Told down, with the Sum ordained to be payed out by the Party to the Teller, effeirand to Twenty Pence u⯑pon each Hundred pounds Sterling; And the foreſaids Perſons reſpective above-named, are hereby Ordained to write down an exact Account of the reſpective Certificates to be granted by them, and of the Perſons Names to whom, and of the Sums that ſhall be therein-contained: And the ſaids perſons named and Intruſted in manner foreſaid, are hereby Required and Ordained to ſubſcribe the ſaid general Accompt before Witneſſes, u⯑pon the ſame day above-mentioned; and to tranſmit the ſame to the Clerks of OUr Privy Council without delay, under the Penalty of Five Hundred Merks. And We, with Advice foreſaid, hereby expreſly Diſ⯑charge the receiving in any Engliſh Money upon any other Day after the foreſaid preciſe Day appointed as ſaid is, or altering any Certificates for⯑merly granted under the pain of Falſhood and Forgery. As likewiſe, We with Advice foreſaid, Diſcharge the Engliſh Money to paſs at any higher Rate than the Rate of England, at Five Shillings ſterling per Crown, and ſo proportionally, and that it ſhall be no otherways current, nor offered or received in Payments after the ſaid Day. And furder, We Declare the ſaids Certificates to be granted by the ſaids reſpective Perſons intruſt⯑ed as ſaid is, are to be a ſufficient Title for recovering the Loſs ariſing from the Sums therein-contained, and what was paid to the Teller out of the Equivalent: And we with Advice foreſaid, Ordain the Commiſ⯑ſioners of the Equivalent to pay out the ſame to the Bearer of the Certifi⯑cates without Delay, Loſs or Defalcation, and that how ſoon the ſaids Commiſſioners ſhall have received the Sum of the Equivalent, out of which the ſaid Loſs is to be Repaired, Declaring that the Loſs to be made upon the ſaid Engliſh Money is only for the Species of Silver-Coyn. OUR WILL IS HEREFORE, &c.

Appendix B.2.48 No K 3.

Appendix B.2.48.1 PROCLAMATION Calling in the Scots Crowns Old and New, the Fourty, Twenty, and Ten Shilling Pieces to be Re-coined.

ANNE by the Grace of GOD, Queen of Great-Britain, France and Ireland, Defender of the Faith, To Our Lyon King at Arms, and his Brethren Heraulds, Macers of Our Privy Council, Purſevants, Meſſengers at Arms, Our Sheriffs in that part, Conjunctly and ſeveral⯑ly, ſpecially Conſtitute, Greeting; Foraſmuchas, We by Our former Proclamation of the Date the Nineteenth Day of September laſt, In pro⯑ſecution [91] of the Fifteenth Article of the Treaty of Union betwixt the two Kingdoms, for reducing the Coin of Scotland, to the Standart and Value of the Coin of England, and of the Remit made by the late Parliament of Scotland to Our Privy Council for that Effect, Did, upon the Grounds therein narrated, give full and diſtinct Orders to all Our Liedges, Own⯑ers and Poſſeſſors of any Species of Foreign Coin then current in Scotland, for bringing in the ſame in order to be Re-coined and reduced to the Stan⯑dart of England; And thereupon did farder Ordain and Declare, That after the ſixth day of October then next and now paſt, all the foreſaids Foreign Species of Money ſhould be no more current, but only held and repute as Bullion in manner mentioned in the ſaid Proclamation; And that after the fifteenth day of the ſaid Month of October, it ſhould only be received at the Mint as Bullion to be Re-coined without any Conſide⯑ration of Loſs, and with the benefit of a free Coynage allannerly, with the Exception contained in favours of the Bank in manner mentioned in the ſaid Proclamation. And it being farder Reſolved by Our Privy Coun⯑cil in Scotland, after the calling in of the foreſaid Foreign Species of Mo⯑ney, to be Re-comed in the firſt place, That then the preſent Scots Coin now current in Scotland, ſhould alſo be called in, in order to the ſaid Re⯑duction, as Our Privy Council ſhould think fit. And there being ſuffici⯑ent proviſion now made to prevent the want, and maintain the Curren⯑cy of Money and Species; Therefore We, in purſuance of the ſaid Re⯑ſolve, with Advice of Our Privy Council, have thought fit to Intimat, and do hereby ſolemnly Intimat to all Our Liedges, Owners and Poſſeſ⯑ſors of the ſeveral Species of Our Scots Coin following. viz. Scots Crowns Old and New, Fourty ſhilling, Twenty ſhilling, and Ten ſhilling Pieces, That they may at their pleaſure, bring in and offer the ſame to the Bank in Edinburgh, who will be ready to receive the ſaids Scots Species upon e⯑very ordinar Day of the Week, (Saturday excepted) betwixt Eight and Twelve in the Forenoon, and Two and Six in the Afternoon; And for which they are immediately upon the Receipt to Iſſue and give out their Notes, or make payment in other current Money to the ſaid Owners and Poſſeſſors, in the Option of the Demander, and that betwixt and the Tenth Day of February next to come incluſive; Reſerving always to ſuch as ſhall not be willing to Lodge their Money in the Bank, Liberty and Privilege of giving it in to the Mint, for Re-coinage in due courſe as ſaid is; And farder, We with Advice foreſaid, Do hereby Ordain and De⯑clare, That after the ſaid Tenth Day of February next to come incluſive, All the foreſaid Species of Scots Money, viz. Crowns Old and New, Fourty ſhilling, Twenty ſhilling, and Ten ſhilling Pieces, ſhall be no more Current nor offered, nor receivable in any payments; But ſhall, from and after the ſaid Day, be only held and repute as Bullion to be diſpoſed upon by the Owners, within the Kingdom as they ſhall think fit, except as to the Bank of Scotland at Edinburgh, by whom the ſame ſhall be re⯑ceived at the full Value, until the Twenty Fifth Day of the ſaid Month of February next Incluſive, and no longer in manner above-mentioned; Declaring farder, That the foreſaids Scots Species, hereby Diſcharged and turned to Bullion, as ſaid is, ſhall, from and after the ſaid Twenty fifth Day of February Incluſive, be only received at the Mint, by whomſoever preſented, either by the Bank, or any other of Our Liedges as Bullion, to be Re-coined according to the ſaid Standart and Value of the Coin of England; but without any Conſideration of Loſs, which they may there⯑by ſuſtain, and with the Benefit of a free Coinage allannerly, as was for⯑merly in uſe: Excepting always herefrom, all the ſaids Scots Species, [92] that ſhall be given in to, and found in the Bank, before and upon the ſaid Twenty Fifth Day of February, according to an Accompt thereof to be taken by Order of Our Privy Council for certifying the ſame, to the effect, that when given in by the Bank at any time thereafter to the Mint for Re-coinage; The Bank and the Directors thereof, may have their Loſs and Allowance thereupon made good to them as given in before the ſaid Day. OUR WILL IS HEREFORE, &c.

Appendix B.2.49 No 1.

KING Edward likewiſe to perfect the Marriage between his Son Prince Edward and Margaret Queen of Scots, with the general Approbati⯑on of the Keepers, Nobles and Natives of that Realm, Granted and Ratified to the Nobles and People of Scotland theſe enſuing Articles, agreed on by ſpecial Commiſſioners ſent on both ſides, and approved by him, by Letters under his Great-Seal, which he took an Oath to obſerve, under the Penalty of Forfeitng 100000 lib. to the Church of Rome, to⯑wards the Holy Wars, and ſubjecting himſelf to the Popes Excommunica⯑tion, and his Kingdom to an Interdict in caſe of Violation or Nonperfor⯑mance, as the following Patent (enrolled both in Latine and French) atteſts.

‘Univerſis ad quorum notitiam praeſentes Literae pervenerint, Edwardus Dei Gratia Rex Angliae, &c. ſalutem in Domino, Cum nos nuper ad par⯑tes Scotiae deſtinaſſemus venerabiles Patres in Chriſto Antonium Dunelmen⯑ſem & Radulphum Carliolenſem eadem gratia Epiſcopos, & Nobiles Vi⯑ros Jobannem Garennae & Henricum Lincoln Comites, Willielmum de Veſcy Militem, & Magiſtrum Henricum de Newark, Decanum Eccleſiae Ebor. noſtros ſolempnes Nuncios & Procuratores qui noſtro Nomine aliqua an⯑nuiſſent & conceſſiſſent Cuſtodibus, Epiſcopis, Abbatibus, Comitibus, Baronibus, ac toti Communitati ejuſdem Regni Scotiae; ſi per eos ſic con⯑ceſſa nobis & noſtro conſilio placuiſſent; ac praedicti Nobiles ac tota Communitas Regni Scotiae praedicti ob hoc & alia negotia miſiſſent ad nos venerabilem Patrem Robertum Dei Gratia Glaſguenſem Epiſcopum, & Nobilem Virum Dominum Johannem Comyn Cuſtodes Regni Scotiae, ac venerabilem Patrem Alanum eadem Gratia Cathanenſem Epiſcopum ſuos ſolempnes Nuncios & Procuratores: Nos ſuper praedictis per noſtros Nun⯑cios conceſſis informati & conſulti, conſiderantes etiam, & ponderantes amorem & affectionem quam Gens praedicti Regni Scotiae habet ad nos, & filium noſtrum & haeredem Edwardum, conceſſionem, & factum praedic⯑torum Nunciorum noſtrorum ratum babemus & firmum, prout de verbo ad verbum eſt infra ſcriptum de tali tenore. Univerſis ad quos praeſentes li⯑terae pervenerint, Antonius Dunelmenſis, & Radulphus Carliolenſis Dei gratia Epiſcopi, Johannes de Garenna, & Henricus de Lincoln, Comites Williel⯑mus de Veſcy miles & Henricus de Newark Decanus Eccleſiae Ebor. Pro⯑curatores ſpeciales & Nuncii ſolempnes Magnifici Principis Domini Ed⯑wardi Dei Gratia Regis Angliae illuſtris, ſalutem. Cum inter caetera quae contingunt negotium & tractatum habitum inter excellentiſſimum Do⯑minum noſtrum ſupradictum ex parte una; & venerabiles Patres Cu⯑ſtodes [93] & caeteros Epiſcopos, Abbates, et totum Clerum, nobiles viros, Comites & Barones, totam (que) Communitatem Regni Scotiae, ex altera, ſu⯑per Matrimonio contrahendo inter Dominum Edwardum, Filium & Hae⯑redem praedicti Domini noſtri Regis, & Dominam Margaretam natam egregii Principis Domini Erici Regis Norwagiae ejuſdem Regni Scotiae, Haereditariam & Reginam; a nobis eſſet petitum ex parte eorundem Cu⯑ſtodum, Praelatorum, Nobilium, & Communitatis ipſius Regni Scotiae, quod pro Domino noſtro praedicto & haeredibus ſuis, eis concederemus & firma⯑remus, Jura, Leges, Libertates & Conſuetudines dicti Regni Scotiae, tam Eccleſiaſticas quam Seculares, hactenus uſitatas & optentas: Nos habita conſideratione diligenti ad pacem & tranquilitatem utriuſ (que) Regni, & mutuam dilectionem habitantium in eiſdem, cunctis temporibus remanſu⯑ram, concedimus nomine & vice Domini noſtri praedicti & haeredum ſuo⯑rum, quod Jura, Leges, Libertates & Conſuetudines ejuſdem Regni Sco⯑tiae, in omnibus & per omnia, per totum ipſum Regnum & ejus Marchiam, integrae & inviolabiliter perpetuis temporibus obſerventur: Salvo jure dicti Domini noſtri, & alterius cujuſlibet, quod ſibi vel alii cuicun (que) ſuper his quae conſiſtunt in Marchia vel alibi ante praeſentis conceſſionis tem⯑pora, competit, vel competere juſto modo poterit in futurum. Volen⯑tes & concedentes expreſſe nomine dicti Domini noſtri, haeredum ſuorum & noſtro, quod deficientibus praedictis Edwardo & Margaretae, vel eorum altero abſque liberis extantibus, in omni caſu & eventu, in quo ad proxi⯑miores haeredes, regnum praedictum debeat de jure reverti, integre, libere, abſolute, abſ (que) ulla ſubjectione revertatur & reſtituatur eiſdem; ſi forſan ad manus antedicti Domini noſtri Regis vel haeredum ſuorum, ipſum Re⯑gnum Scotiae aliquo caſu contingerit devenire. Ita quod ratione praeſen⯑tis facti Domino noſtro, Regi vel haeredibus ſuis, aut alicui alii nichil ac⯑creſcat aliquatenus vel decreſcat. Similis vero fiat reſtitutio, per prae⯑dictum Dominum noſtrum Regem vel haeredes ſuos, de Corpore praedictae Dominae Margaretae, ſi in eventu reverſionis hujuſmodi, in ipſius vel hae⯑redum ſuorum fuerit poteſtate, ſecundum formam ordinationis & con⯑ventionis factae ſuper hoc apud Sarum. Concedimus inſuper & promitti⯑mus bona fide, Domini noſtri praedicti nomine & haeredum ſuorum, quod quando praedicta Margareta, Domina & Regina Scotiae maritabitur chariſ⯑ſimo nato & haeredi ejuſdem Domini noſtri Edwardo, dotabitur vel ha⯑bebit in dotationem propter Nuptias, de caeteris terris in Regno Angliae, prout decet congrue ſtatum ſuum, unde ipſa Regina & amici ſui conten⯑ti rationabiliter eſſe poterunt & debebant Promittentes nihilominus vice & nomine praedicti Domini noſtri Regis & haeredum ſuorum, quod Regnum Scotiae remaneat ſeparatum & diviſum & liberum in ſe, ſine ſubjectione a Regno Angliae per ſuas rectas, diviſas & Marchias, ſicut a retro hactenus exti⯑tit obſervatum. Salvo jure dicti Domini noſtri & alterius cujuſlibet, quod ſibi vel alii cuicun (que) ſuper his, quae conſiſtunt in Marchia vel alibi, ante praeſentis conceſſionis tempora competiit, vel competere juſto modo po⯑terit in futurum. Set quod Caſtra & Fortalicia, de novo in Marchia non firmentur, non ſumus in hoc conſulti, quod dicto Domino noſtro Regi & ſuis, talem imponeremus ſervitutem, ubi anteceſſores & homines ſui uſi ſunt hactenus ſirmare Caſtra, fortalicia, & Domos in terris ſuis, ſicut fecerunt ſui Progenitores, quia alias majori ſubjicerentur ſervituti, quam illi de Regno Scotiae vel aliqui anteceſſorum ſuorum. Ad haec, expreſſe concedimus pro eodem Domino noſtro & Haeredibus ſuis, quod Capitula Eccleſiarum Cathedralium, Collegiatarum & Conventualium, quae pro⯑prias habent Electiones, non compellantur exire Regnum ipſum Scotiae; ad petendum licentiam eligendi, vel praeſentandi ſuos Electos, vel fide⯑litatem Regi Scotiae facere ſeu Sacramentum. Et quod nullus tenens in [94] Capite de praedicto Rege Scotiae compellatur exire Regnum pro homagio, fidelitate ſeu fine, pro relevio faciendo. Illud idem viduis & miſera⯑bilibus perſonis in petendis & habendis dotibus & quaerenda Juſtitia concedentes. Set in Regno ipſo, aliquis ex parte dicti Domini noſtri, Regis, nomine Dominae Margaretae ipſius Regni Reginae, & Domini Ed⯑wardi filii & haeredis Domini noſtri praedicti deputetur, ad jam dicta re⯑pienda & eorum nomine facienda: Salvo homagio quod in perſonali Regis praeſentia fieri oportebit, ſet fidelitate facta, habeat Seiſinam terrae ſuae ſine dilatione per breve de capella. 'Nec quod aliquis de Regno Sco⯑tiae, pro contractu inito, vel delicto commiſſo in eodem Regno, vel in a⯑liquo caſu teneatur, reſpondere extra idem Regnum, contra Leges & Conſuetudines ejuſdem Regni, ſicut hactenus extitit rationabiliter ob⯑ſervatum. Et quod Sigillum Regni, quod nunc currit, poſt mortem Re⯑gis teneatur & currat, quouſ (que) Regina praedicta venerit in Regnum ſu⯑um, & fecerit Deo & Eccleſiae, ac Communitati ipſius Regni, in loco ad hoc ſpecialiter deputato, quod fuerit faciendum, ſecundum Leges & con⯑ſuetudines dicti Regni, & quod tunc ſtat novum Sigillum de conſuetis Ar⯑mis & Circumſcriptione nomine Reg. Scotiae tantum, penes Cancellarium ejuſdem Regni, qui pro tempore fuerit, remanſurum. Volentes quod ha⯑beant Cancellarium de Regno, & in Regno Scotiae reſidentem ad Offici⯑um Cancellar. exequendum. Et idem concedimus de Camerario, Clerico de Rotulis Capellae Domini Regis, Juſticiariis, & aliis ejuſdem Regni Miniſtris; & quod nulla litera jus commune, vel gratiam continens ſpe⯑cialem, de dicta Cancellaria tranſeat, niſi ſecundum ſolitum & debitum curſum, Capellae Regis & Regni Scotiae praedictorum. Reliqua vero Car⯑tae, privilegia & alia munimenta, quae tangunt Regalem dignitatem & Regnum Scotiae, in tuto loco ponantur ſub firma Cuſtodia infra Regnum Scotiae & ſub Sigillis majorum de Regno, & per viſum eorum, donec prae⯑dicta Domina venerit in Regnum ſuum, & prolem habuerit ſuperſtitem, & praedicta munimenta ac privilegia in ſuis juribus integraliter cu⯑ſtodiantur. Et ſimiliter, quod nulla fiat ſubjectio, alienatio, vel obliga⯑tio rerum ad Regalem dignitatem regni Scotiae pertinentium, donec prae⯑dicta Domina & Regina in Regnum ſuum venerit, & Prolem ſuperſtitem habuerit, ut ſuperius eſt expreſſum: promittentes firmiter & conceden⯑tes, quod nati & haeredes, Comitum, Baronum & Nobilium, qui pro tem⯑pore erunt in Cuſtodia & Maritagio Domini Regis Scotiae, poſt mortem anteceſſorum ſuorum, per praedictum Regem nullatenus diſperagentur. Nec quod Parliamentum teneatur extra Regnum & Marchiam Scotiae, ſu⯑per his quae contingunt ipſum Regnum, vel Marchiam, ſeu ſtatum in⯑habitantium ipſum Regnum, Nec etiam tallagia, auxilia, ex⯑ercitus vel malatanta, exigantur a praedicto Regno, aut imponantur gen⯑tibus ejuſdem Regni, niſi pro communibus Regni negotiis expediend, & in caſibus in quibus Reges Scotiae talia petere conſueverunt. Ad quae omni⯑a ſupradicta integre & fideliter obſervanda, praedictus Dominus noſter Rex faciet in animam ſuam jurari. Et Praelati ac Magnates Angliae infraſcripti, videlicet Cantuaer. & Ebor. Archiepiſcopi, ac Winton. Lincoln. Dunelm. & Carliol. Epiſcopi, necnon Nobiles viri Domini, Edmundus, Domini noſtri Regis Germanus, & Cornub. Pembrock. Gloverniae, Warennae, Lincoln, Norff. & Suff, & Oxon. Comites, fideliter procurabunt praemiſſa firmiter obſervari. Et ſi Rex egerit extra Regnum, quod locum ſuum tenens, vel tenentes in ejus abſentia, vel Haeres ipſius Domini Regis legitimae aetatis exiſtens, aut ejuſdem haeredis Cuſtos ſeu Cuſtodes, dum fuerit minoris aetatis, qui⯑libet in ſuo Caſu praeſtabunt ſeu preſtabit conſimile Sacramentum. Pro⯑mittumus etiam, quod praedictus Dominus noſter Rex, pro ſe & haeredibus ſuis obligabit ſe ad reſtitutionem dicti Regni faciendam in caſibus ſuprae [95] dictis, ſub poena centum Millium Librarum ſterlingarum, ſolvendarum Eccleſiae Romanae in ſubſidium terrae ſanctae. Et praeter haec quod Domi⯑nus Papa dictum Dominum noſtrum Regem & haeredes ſuos poiſit per ſen⯑tentias excommunicationis in perſonas, & interdicti in Regnum & ſer⯑ras eorundem, tam ad Regni praedicti reſtitutionem, quam ad poenae ſolutio' nem, ſi commiſſa fuerit, cohercere; principali obligatione nihilominus in ſuo robore duratura. Concedimus inſuper & promittimus nomine Do⯑mini noſtri Regis praedicti, quod idem Dominus noſter, praeſentem obliga⯑tionem propriis ſumptibus & pro viribus faciat, in [...]ra annum a tempore ſponſalium; inter praedictos Edwardum & Margaretam, contractorum, arti⯑culatim per ſummum Pontificem confirmari, & infra idem tempus, Com⯑munitati Regni Scotiae liberari; quod ſi infra annum praedictum id facere non poterit, illud quam citius potuerit, fieri impetrabit, ita quod illud perficiatur: Et ſi hoc non ſaciat ſuo tempore, quod Haeredes ſui ad id ſaciendum bona fide teneantur. Proteſtamur etiam in hiis ſcriptis, quod omnia praemiſſa taliter intelligantur, quod juri unius Regni vel alterius ratione praeſentis facti, nichil decreſcat aliqualiter vel accreſcat: Nec alicui Regum Regnorum praedictorum, quin libere habeant ſtatum ſuum. In quorum omnium & ſingulorum praemiſſorum teſtimonium & evidentiam pleniorem, Sigilla noſtra praeſentibus duximus apponenda. Dat. apud Brigh. die Martis proxima ante feſtum beatae Margaretae Virginis, vide⯑licet 15 Kal. Auguſti anno Domini 1290. & ad majorem hujuſmodi Ra⯑tificationis & Confirmationis noſtra ac omnium praedictorum Authorita⯑tem & evidens teſtimonium has literas noſtras fieri fecimus patentes, Sigillo noſtro Regio conſignatas. Dat. Norht. 28. die Aug.’

But the Death of this Queen a little before her deſigned Voyage to⯑wards Scotland and England, put a Period to all the promiſed Procurati⯑ons, Patents, Articles; fruſtrated this much deſired Marriage between Prince Edward and Her, and raiſed new Queſtions between the Competi⯑tors for the Crown, which of them was next Heir thereunto, who all re⯑ferred the final Deciſion thereof to King Edward.

Appendix B.2.50 No 2.

NIcholaus Epiſcopus ſervus ſervorum Dei, dilecto filio nobili Viro Edwardo nato chariſſimi in Chriſto filii noſtri Edwardi Regis Angliae illuſtris, ſalutem & Apoſtolicam benedictionem. Petitio tua nobis exhibita continebat, quod propter Contiguitatem Angliae, Scotiae (que) reg⯑norum diverſa ſcandala, rancores, & odia inter ipſa regna & eorum Reges hactenus ſunt exorta, ex quibus nonnulla rerum & corporum contigiſſe pe⯑ricula dignoſcuntur, ſicque cum clarae Memoriae A. Rex Scotiae ſit viam uni⯑verſae Carnis ingreſſus proprio Maſculino genere non extante, & dilecta in nobis Chriſto filia Margareta nata chariſſimi in Chriſto filii noſtri Erici Norwegiae Regis illuſtris, Neptis praedicti Regis Scotiae, regno ipſi Scotiae re⯑gi ſuccedat veriſimiliter dubitatur, quod ſi forſan Regnum ipſum ad ma⯑nus alterius ex ipſius Margaretae contrahendo conjugio proveniret, de faci⯑li poſſent hujuſmodi ſcandala, rancores & odia pullulare, ac provenire ex ipſis pericula graviora; Unde ad hujusmodi periculis obviandum, ac ad ſedandum & obliviſcendum ſcandala, rancores, & odia ſupradicta, & ad procurandum & nutriendum verae pacis & dilectionis commoda, inter prae⯑dicta Regna & Incolas eorundem, deſideras cum praedicta Margareta ma⯑trimonialiter [96] Copulari. Set quia tertio Conſanguinitatis gradu quo tu & eadem Margareta, nata ex quadam Margareta Conſobrina tua praefati Nor⯑weg. Regis Uxore, vobis attinetis ad Invicem prohibente, id non poteſt perduci legitime ad effectum, Apoſtolicae ſedis licentiam ſuper hoc humiliter imploraſti; Nos itaque in praedictis Regnis & ubique locorum Deo & Romanae Eccleſiae devotorum, pacem & concordiam affectantes & intendentes ad id ſtudia quae poſſumus adhibere: Sperantes quoque quod ex hujuſmodi matrimonio, ſi fiet, memoratis Regnis, odiorum tene⯑bris inde propulſis, proſperitatum quamplurinm, dante Domino incre⯑menta provenient. Conſiderantes etiam, quod ſi praedictum Regem pa⯑trem tuum, juxta ſui voti praeſagia, contingat in Terrae ſanctae ſubſidium proficiſci, poſſet ipſi Regi ſuoque Regno & tibi, & per conſequens praefatae terrae ſanctae negotio, ſi alii praedicta Margareta nuberet, deperire. Pen⯑ſantes inſuper, quod nulla ex hujuſmodi provenire debere ſcandala veri⯑ſimiliter formidantur.

Hiis & aliis dignis conſiderationibus ſubſiſtentibus excitati, tuis ſup⯑plicationibus annuentes, tecum & cum Margareta praefata ut impedi⯑mento conſanguinitatis hujuſmodi non obſtante Matrimonium Invicem legitime contrahere, ac in contracto licite remanere poſſitis, Authoritate Apoſtolica de ſpeciali gratia diſpenſamus; prolem ſuſcipiendam ex te ac dicta Margareta ex hujuſmodi matrimonio nunciantes ex nunc legitimam, de Apoſtolica plenitudine poteſtatis. Nulli ergo omnino hominum li⯑ceat hanc paginam noſtrae Diſpenſationis infringere, vel ei auſu temerario contraire. Si quis autem hoc attemptare praeſumpſerit, indignationem Om⯑nipotentis Dei, & beatorum Petri & Pauli Apoſtolorum ejus, ſe noverit incurſurum. Dat. Romae apud Santam Mariam majorem, 16 Kal. Decem⯑bris, Pontificatus noſtri anno ſecundo.

Appendix B.2.51 No 3.

MAgnifico Principi & amico ſuo Kariſſimo Domino Erico, Dei Gratiae Regi Norwagia illuſtri, Edwardus Dei Gratia Rex Angliae, Domi⯑nus Hiberniae, & Dux Aquitaniae ſalutem, & proſperis ſemper ſucceſſibus habundare. Cum ex liberali benignitate Sedis Apoſtolicae ſufficiens & plena nobis diſpenſatio de filio noſtro Edwardo & Margareta filia veſtra Regina Scotiae Matrimonialiter adinvicem copulandis, non obſtante conſanguini⯑tatis gradu, quo ſibi adinvicem attinere noſcuntur, per ſanctiſſimum pa⯑trem noſtrum Dominum Nicholaum ejuſdem Sedis ac univerſalis Eccleſiae ſummum Pontificem, rite & inſpirante gratia ſalvatoris ſit conceſſa, & realiter jam obtenta; ad quod utique Cuſtodes, Magnates, Praelati ac tota Communitas praedicti Regni Scotiae, unanimi & expreſſa voluntate ſuum praebuerunt jam conſenſum; id quod vobis, ut confidimus, propter utriuſque Regni Angliae & Scotiae ſecundam proſperitatem & mutuam utili⯑tatem placidum & acceptum eſſe, veriſimiliter attendamus, veſtram ſe⯑renitatem regiam requirimus & rogamus attentei quatenus ad tam felicem dictae diſpenſationis & copulae conjugalis effectum proſequendum finaliter & complendum, praedictae Dominae Margaretae filiae ad partes noſtras An⯑glicanas adventum curetis adeo tempeſtive maturare, utobnixius obſtrin⯑gamur. Grave ſiquidem gereremus, ſi noſtra hinc inde vota in hoc ali⯑qualiter diſcreparent, aut ſaltem protelare faceretis, quod in hac parte regiam Celſitudinem non deceret. Valeat & vigeat feliciter Regia Ma⯑jeſtas [97] veſtra, & proſperis ſemper floreat incrementis. Dat. apud Aumbriſ⯑bury 15 Kal. Maii anno Regni noſtri decimo octavo.

Eidem Regi, Edwardus Dei Gratia Rex Angliae, Dominus Hyberniae & Dux Aquitaniae, ſalutem, & proſperis ſemper ſucceſſibus habundare. Ad frequentem & votivam inſtantiam venerabilis patris Domini Antonii Dei Gratia Dunolm. Epiſcopi veſtram de Regno Scotiae utilitatem affectantis, & vehementer proſequentis, quam utique nos in hoc & in aliis appetimus foeliciter proſperari, damus, concedimus & committimus eidem Epiſcopo plenam & ſpecialem Poteſtatem & Authoritatem plenariam, vobiſcum per ſe, vel per ſuos procuratores, aut nuncios ſpeciales, tractandi, confe⯑rendi, ordinandi Juramento, Scriptis vel Obligationibus, ſuo & noſtro no⯑mine, ſi neceſſe fuerit affirmandi negotia, vos & nos Filium noſtrum & Filiam veſtram contingentia, ſecundum quod magis viderint expedire. Ratum habentes & firmum quicquid per praedictum patrem Dunelm Epiſ⯑copum vel nuncios aut procuratores ſuos, vel eorum aliquos, ad hoc ſpe⯑cialiter deputatos factum, ordinatum vel affirmatum fuerit ſuo & noſtro nomine in praemiſſis. In cujus, &c. Sigillum noſtrum fecimus praeſentibus appendi. Dat. apud Wodeſtok 10 die April. anno, &c. eodem.

Et memorand. quod iſtae duae literae, licet ſint de data in eis contenta, Irrotulatae fuerunt hic, eo quod tangunt factum Norwag. & nichilominus iſta ultima litera irrotulata eſt in Rotulo patentium de anno xvii Menſe April.

Appendix B.2.52 No 4.

OMnibus has literas viſuris vel audituris, Edwardus, &c. ſalutem. No⯑veritis nos literas cuſtodum Regni Scotiae communi Sigillo Regni e⯑juſdem ſignatas, non cancellatas, non abolitas, nec in aliqua ſui parte vitiatas, in forma quae ſequitur, inſpexiſſe. Excellentiſſimo Prin⯑cipi Domino Edwardo Dei gratia Regi Angliae illuſtri, Domino Hiberniae, & Duci Aquitaniae, Cuſtodes Regni Scociae per Communitatem ejuſdem Regni, ſalutem, & continuum ſemper gloriae & honoris incrementum. No⯑tum vobis facimus per praeſentes, quod cum ad preces & inſtantiam ve⯑ſtram, ad praeſentiam veſtram venerabiles in Chriſto Patres W. & R. per⯑miſſione divina Sancti Andreae & Glaſguen. Epiſcopos. nobiles viros Rober⯑tum de Brus Patrem, Dominum Wall. Anand. & Johannem Comyn deſtine⯑mus pro quibuſdam rebus ſeu negotiis, vobis per quoſdam ſolempnes nuncios Domini Regis Norwag. illuſtris, ſuggeſtis, ſicut per Literas veſtras nuper nobis miſſas didicimus; damus & concedimus praedictis deſtinatis poteſtatem & mandatum tractandi cum dictis nunciis Norwag. coram vo⯑bis, ſuper rebus ſeu negotiis vobis expoſitis per eoſdem, & ea quae erunt in veſtra praeſentia ab utraquae parte concorditer ordinata, affirmandi. Salvis tamen in omnibus & fingulis & per omnia libertate & honore Reg⯑ni Scotiae; Ratum & gratum habituri quicquid per praedictos deſtinatos in veſtra praeſentia tractatum fuerit & affirmatum; dummodo ex hoc Regno Scotiae & ejus incolis nullum impoſterum praejudicium generetur. In cujus rei teſtimonium, has Literas patentes Sigillo regimini Regni Scotiae deputato fecimus ſigillari. Dat. apud Monaſterium de Melros, tertio die Octobris, anno gratiae 1289. In cujus, &c.

[98] Memorand. quod iſta litera ſigillata liberata fuit in Ecceleſia beatae Maria Sarum ſeptimo die Novembr. anno, &c. decimo ſeptimo per ma⯑num venerabilis patris R. Bathon & Wellen. Epiſcopi Cancellar. Regis, nunciis Regis Norwag. Et Litera originalis una cum litera ſubſequente, eodem die in eadem Eccleſia, liberata fuit per manus ejuſdem Cancellarii Domino Epiſco⯑po Dunelm. In praeſentia venerabilis patris Domini Wigorn. Epiſcopi, & Domini W. de Valen. & J. de Warenna. Com. Sarr. per manum ejuſdem Epiſcopi Dunelmen. in Garderoba Regis liberand.

Appendix B.2.53 No 5.

‘OMnibus has literas viſuris vel audituris, Edwardus, &c. ſalutem. No⯑veritis nos literas ſereniſſimi Principis Ericii, eadem gratia Regis Norwag. Illuſtris Sigillo ſuo ſignatas, non cancellatas, non abolitas, nec in aliqua ſui parte vitiatas, in forma quae ſequitur, inſpexiſſe. Ex⯑cellentiſſimo & magnifico Principi, affini & amico ſuo Kariſſimo, Domino Edwardo Dei gratia Regi Angliae. Domino Hyberniae, & Duci Aquitaniae, Ericius eadem gratia Rex Norwag. ſalutem, & ſincerae dilectionis Conſtan⯑tiam, cum Honoris & Gloriae perpetuis incrementis. Noverit veſtra Ma⯑jeſtas Regia, quod nos dilectos ac fideles noſtras, Tirricium de campis [...]udi Baronem Petrum Algothi, quondam Regni Suet. Cancellar. Thorwal⯑di de Shetland, & Guthorinum de Oſleya, Milites, latores praeſentium, fa⯑cimus, conſtituimus & ordinamus noſtros veros & legitimos procuratores & nuncios ſpeciales, ad tractandum & conferendum cum Serenitate veſtra, ſuper quibuſdam negotiis, nos & filiam noſtram Kariſſimam Margaretant conſanguineam veſtram, Dominam ac Reginam Scotiae, ac ipſum regnum ſuum Scotiae tangentibus: Dantes & concedentes eiſdem nunciis & pro⯑curatoribus noſtris authoritatem plenariam & mandatum ſpeciale ad ſta⯑bilienda praedicta negotia, & ad omnia alia facienda, ſine quibus prae⯑dicta negotia expedire non poſſint, prout nobis & filiae noſtrae ſupradict [...] melius credere viderint ad commodum & honorem. Ita tamen quod ſi omnes hiis expediendis intereſſe nequiverint, tres vel duo ex ipſis nichil⯑ominus in negotiis procedant ſupradictis. Ratum habituri & gratum, quicquid per dictos nuncios & procuratores noſtros, ſeu ipſorum tres vel duos factum fuerit & ordinatum in praemiſſis ſeu quolibet praemiſſorum. In cujus rei teſtimonium praeſens procuratorium ſigilli noſtri appenſione duximus roborandum. Dat. apud Civitatem Bergens. Kal. April. anno Regni noſtri decimo. In cujus rei teſtimonium, has literas noſtras fieri fe⯑cimus patentes. Teſte meipſo apud Clarendon. 6 die Novembr. anno Regni noſtri decimo ſeptimo.’

Appendix B.2.54 No 6.

‘REX Prelatis, magnatibus, ac toti communitati Regni Scotiae, ſalutem & dilectionem ſinceram. Quia negotia, quae contingunt Kariſſi⯑mam conſanguineam noſtram, Margaretam Dominam & Reginam Regni ejuſdem, ad honorem Dei & tranquillitatem totius Communitatis ejuſdem Regni, ac commodum & profectum ipſius conſanguineae noſtrae [99] praedictae bene & fideliter proſperari, totis deſideriis peroptamns; vos re⯑quirimus & rogamus attente, quatinus cuſtodibus ad regimen dicti Regni nomine praedictae noſtrae conſanguineae deputatis, taliter intendentes ſitis & obedientes, quod nos & Domina veſtra antedicta poſſimus & debeamus fidelitatem veſtram habere merito commendatam. Proponimus ſiquidem ſtatim poſt inſtans Parliamentum noſtrum London. ad partes veſtras Scotiae, aliquos de noſtro concilio deſtinare; per quos ac etiam per ipſius terrae cu⯑ſtodes de ſtatu ejuſdem Regni, quem appetimus tranquillum & pacificum ſemper eſſe, certificati erimus, Deo dante. Dat. apud Clarendon. ut ſu⯑pra. Et ſunt Clauſae.’

Appendix B.2.55 No. 7.

‘CUM egregius Princeps Eryk. Rex Norweye, & Domina Margareta nata Regis ejuſdem, Domina Regina & haeres Regni Scotiae, requiſiviſſent per ſuos ſolempnes nuncios, Dominum videlicet Terricum de Cam⯑pis ludi, Petrum Algothi, & Guthorinum de Aſeleya, magnificum Principem Dominum Edwardum Dei gratia illuſtrem Regem Anglia, quod ipſe opem apponeret & conſilium, qualiter praedictae Reginae neptae ſuae obediretur, ut Domina Regina, & Haeres Regni Scotiae ſupradicti, & quod ipſa inde ordinare poſſit pariter & gaudere, prout aliis faciunt Reges regnis, prae⯑fatus Dominus Angliae Rex illuſtris pro bono pacis dicti regni Scotiae; & reformatione ſtatus ſuae neptae, jam dictae, Cuſtodibus regni Scotiae literas ſuas miſit, quod Cuſtodes ipſi mitterent perſonas nominatas & certas, qui po⯑teſtatem haberent tractandi formam aliquam pro ſe & aliis, ad emendati⯑onem dicti regni Scotiae, & reformatione ſtatus Reginae jam dictae. Iidem quoque Cuſtodes ad requiſitionem hujuſmodi Domini Regis Angliae praeli⯑bati, miſerunt, juxta effectum requiſitionis ejuſdem, venerabiles in Chri⯑ſto patres Sancti Andreae & de Glaſcuen. Epiſcopos, & nobiles viros Domi⯑nos Robertum de Brus, Dom. Val. de Anaunt, & Johannem de Comyn, ad tractandum prout ſuperius eſt jam dictum; qui apud Saresbur. venientes, ad menſem Sancti Michaelis prox. nunc elapſum. ad quem locum praedic⯑tus Dominus Rex Angliae honorabiles in Chriſto patres Dominos Godefri⯑dum Wygorn. & Antonium Dunelmenſem Epiſcopos, ac egregios viros, domi⯑nos Guillielm. de Valenc. Pembrok. & Johannem de Garenum Com. pro trac⯑tatu praedicto tranſmiſit, qui ſimiliter venientes ibidem ad tractand. ex parte ipſius Regis Angliae cum nunciis Norweye, & nominatis Scotorum ſu⯑pra dictis, poſt diſceptationes inter eos varias & tractatus, in formam tan⯑dem talem pariter concordarunt, videlicet, Quod praefata Domina Regina & Haeres in Regnum veniat Angliae aut Scotiae citra feſtum omnium Sancto⯑rum proximo jam futurum, ab omni contractu maritagii & ſponſalium libera & quieta, & hoc praefati nuncii Norweye, quantum in ipſis eſt bona fide promiſerant, ſe procuratores futuros & curatores citra terminum jam praedictum, niſi Regina rationabile & allocabile eſſonium habeat in hac parte, Promiſit inſuper bona fide jam dictus Rex Angliae, quod ſi praefa⯑ta Domina ab omni contractu Maritagii & Sponſalium, in manum ſuam aut Cuſtodiam libera veniat & quieta; & quando Regnum Scotiae aſſecu⯑ratum bene fuerit & in pace, ita quod Domina ipſa ſecure venire valeat, & in eo morari, ipſumque Regem Angliae per gentem Regni Scotiae requiri continget, idem Rex Angliae eandem Dominam in regnum Scotiae mittet, ita liberam & quietam a contractibus, de quibus ſuperius eſt locutum, [100] ſicut recepit eandem. Ita tamen quod bona gens Scotiae, antequam ipſam Dominam recipiant, ſufficientem faciant ſecuritatem & bonam Regi An⯑gliae praenotato, quod praedictam Dominam, niſi per ordinationem ipſius, voluntatem & concilium, ac per aſſenſum Domini Regis Norweye Patris ipſius Dominae nullatenus maritabunt. Praenominati vero Miſſi Scotiae promiſerunt ſimiliter bona fide pro ſe & aliis Regni Scotiae, quod ipſi aſ⯑ſecurabunt terram Scotiae antequam dicta Domina veniat in eandem, & quod ſecuritatem ſibi facient, quod inibi ut in Regnum ſuum ſecure veni⯑re poterit, & pro ſuae voluntatis libito commorari, prout ipſius terrae vera Domina, Regina, & Haeres, quodque de praemiſſis omnes ſecuritates prae⯑ſtabunt, quae rationabiles fuerint, & quas dicti nuncii Norweye ipſos face⯑re poſſe dicent. Quod ſi forſan de Cuſtodibus aut Miniſtris aliquis vel aliqui dicti Regni Scotiae ipſis de Norweya vel Reginae praedictae inutilis, vel inutiles ſuſpicioſus aut ſuſpicioſi extiterit vel extiterint, totiens Mi⯑niſtri & Cuſtodes amoveantur hujuſmodi, quotiens opus erit, & meliores alii de Regno Scotiae loco ponentur eorum, ſecundum conſiderationem & providentiam proborum hominum terrarum Scotiae & Norweyae, & illorum inſuper quos ad hoc praelibatus Rex Angliae duxerit deſtinandos. Si autem illi de Scotia & de Norwegia in hac parte concordare non poſſint, medi⯑antibus ope & conſilio gentium Regis Angliae ſupradicti, tunc res ex illa parte ſe teneat, cui gentes ipſius Regis Angliae Conſilium concordave⯑rint. Et hoc nedum ſit attendendum in expreſſis ſuperius, ſet & in om⯑nibus diſceptationibus, quae inter eos in dicto Regno Scotiae reſultabunt, e⯑juſdem Regni ſtatum & reformationem contingentibus quoquomodo. Pla⯑cet enim partibus, quod dicti Regni Scotiae ſtatus hujuſmodi Angl. & Nor⯑weye Regibus reportetur. Item concordarunt partes praedictae, quod ad mediam quadrageſimam proximo jam futuram erit gens Scotiae apud Rokeſ⯑burgh. & in circuitu loci ejuſdem, gens vero quam tranſmittet Rex An⯑gliae ad Requiſitionem illorum de Scotia & Norweya in partibus de Warks, & de Karbin. eodem die erit. Ad quem diem promiſerunt illi de Scocia bona fide de affirmanda praemiſſis omnibus & complendis, tam de ſecurita⯑tibus, quam cunctis aliis ſupraſcriptis, quae contingunt emendationem Regni Scotiae memorati: & hoc in illorum praeſentia, quos praefatus Rex Angliae ad dictos diem tranſmittet & loca, ut videre poſſint praedicta firmi⯑tet adimpleri. Et in teſtimonium praeſcriptorum praefati procuratores Regis Norweye & Miſſi de Scotia huic ſcripto cirographato in tres pecias, quarum duae in Galico penes Regem Angliae & illos de Scotia, & tertia in Latinum tranſlata, penes Procuratores Norweye reſident, ſua appoſuerunt Sigilla. Et ad requiſitionem Procuratorum Norweyae & nominatorum Scotiae praedictorum praefati Domini Wygorn. & Dunelmen. Epiſcopi, ac de Pem⯑brok. & de Garen. Comites ſupraſcripti ſua ſimiliter praeſentibus appoſue⯑runt Sigilla in teſtimonium praemiſſorum. Dat. apud Salesbury Dominica in Feſto Sancti Leonardi, Anno Dom. 1289.’

Appendix B.2.56 No 8.

‘REX Theſaur. & Camerariis ſuis ſalutem. Libertate de Theſauro no⯑ſtro Magiſtro Giffredo de Vezano, Domini Papae Clerico, quinque millia Marcarum per manus ſuas eidem Domino Papae liberand. de Annis Regni noſtri 12, 13, 14, 15, & 16. videlicet, de quolibet Anno mille Mar⯑cas, quem idem Dominus Papa percipit ad Scaccarium noſtrum. Et reci⯑piatis [101] ab eodem Magiſtro Giffredo ſufficientem quietanciam de pecunia ſu⯑pradicta. Teſte Rege apud Ledes 18 die Auguſti.’

Appendix B.2.57 No 9.

REX omnibus ad quos, &c. ſalutem. Sciatis nos conceſſiſse venerabi⯑libus patribus, Willielmo Dei gratia Sancti Andreae, & Roberto Glaſ⯑guen. Epiſcopis, ac nobilibus viris, Roberto de Bruys, Domino Wal. de Anant. & Jchanni Comyn, qui ad nos ex parte cuſtodum Regni Scotiae nuper venerunt in nuncium; & Terrico de campis Ludi, Petro Algoti, & Guithorno de Aſſebeye, Nunciis & Procuratoribus egregii Principis Domi⯑ni Ericii Regis Norwag. Quod ſi Domina Margareta nata Regis ejuſdem, noſtraque nepta, Domina Regina & Haeres Scotiae, in partibus Angliae veni⯑at, ab omni contractu Maritagii & ſponſalium libera & quieta, nos ip⯑ſam domicellam ita liberam & quietam ab omni contractu Matrimonii & Sponſalium probis hominibus Regni Scotiae ad eorum requiſitionem li⯑berabimus, quam cito terra Scotiae praedicta aſſecurata fuerit & in pace. Ita quod ipſa Domina ſecure venire valeat in eandem, & inibi commode commorari; ſub tali tamen modo, quod praedicti probi homines Regni Scotiae antequam praefatam recipiant Dominam, ſufficientem ponent ſecuritatem & bonam nobis & Regi Norwag. ſupradicto, quod ipſam Do⯑minam nullatenus maritabunt, niſi de conſenſu noſtro, & Re⯑gis Norwag. ſupradicti, & haeredum ſuccedentium nobis Regi Angliae, ſi de nobis interim contingat humaniter, vel in remotas partes a noſtro Regno praedicto contigeret nos transferre. In quibus caſibus haeredes noſ⯑tros, ac haeredum noſtrorum, & Regni Cuſtodes in noſtri abſentia obliga⯑mus ad praemiſſa ſervanda, quae promiſimus bona fide. In cujus rei teſti⯑monium, &c. Teſte Rege apud Clarendon. 6. die Novembr.

Et ſunt Duplicatae & ſimiliter liberatae per manum venerabilis Patris R. Bathon, & Wellen. Epiſcopi Cancellar. Regis apud Sarum 8 die Nobembris, Willielmo de Bliburg. per manum ſuam liberand. Unam videlicet nunci⯑is Regis Norwag. & aliam nunciis Cuſtodum Scotiae.

Appendix B.2.58 No 10.

A Touzceus qi ceſte lettre verrunt ou orrunt, Roberd par la grace de Deu Eveske de Glaſguen. & Johan Comyn Gardeyns du Reaume de Eſcoce e Alayn per meime. la grace de Deu Eveſqe de Chattenes ſolempnes Meſſages & procururs des autres Gardeyns, & des Eveſqes, Abbes, Priors, Countes & Baruns e de tote la Commune de Eſcoce, ſaluz en Deu. Come les honurables peres en Deu Anntoyne de Dureme, & Rauf de Cardoyl par la grace de Deu Eveſqes, e les nobles homes Johan de Garenne & Henry de Nichole Countes, ſire Guilliam de Veſcy, e Meſtre Henry de Newerk deen del Egliſe de Everwyk, eſpeciaus procururs & ſolempnes Meſſages le noble Prince Sire Edward par la grace de Deu Roy de Engleterre, pur acons pe⯑rils & ſuſpecions qe il auoient entendu, nus euſſent de par meimes le Roy de Engleterre demaunde la garde des Chaſtiens & de Forteleſces du Reaume de Eſcoce, & de Cele demaunde departir ne voleynt ſaunz Conceillier lou Segniur le Roy avauntdit. Nus ſur ceo e autres choſes venimes a la preſence meimes le Roy de Engleterre avauntdit. Qui ſeur celes choſes conceil e deliberation euwe a noſtre requeſte [102] nous graunta cele choſe delaer deques a la venue noſtre dame, qe ſerra a la touz ſeinz proſhein avenir, ou devaunt ſi Dieu pleſt. Pur la quele choſe nus Procururs & Meſſages avauntdiz, ouek aucuns des Gardeyns des Chaſteux de Eſcoce, ceſt aſaver Sire Guilliame de Seint Cler. Patrick de Graham, e Johan de Soules, qe iloqe vindrent oue nous, en noun des avauntdiz Gardeyns, Eveſques, Abbes, Priors, Countes & Ba⯑runs, e tote la Commune du Reaume de Eſcoce, grauntons, volons, & fer⯑mement promettons, qe quel hore qe la Dame veigne en Engleterre ou en Eſcoce, quite & deliure de tot mariage, eſtre celui, qe nus auons otrie; Nusicels Chaſteus e Forteleſces rendrons & ferons rendre a lavanndite noſtre Dame, e a noble Ber Sire Edward fiz al avantdit Roy de Engleterre, E de cel hore enauannt les obirons enſemble, come a Seignour e Dame en ceſte choſe & totes autres qe al avauntdit Reaume apendent, de cel houre, qe il ſerront venuz en Eſcoce, e averont fet per eus ou per autres dedenz le Reaume ſerement de quel qe il ſeient en lu duw, ſolom les leys e les coſtomes de la terre de Eſcoce, ne a nul autre mariage ne aſſentirons, ne a autre Seigneur ne obirons, taunt qil viveront, ſi il ne ſoit par le aſſent e la volente le Roy de Engleterre, e Sire Edward ſon fiz. E ſi la Dame ne veigne en Engleterre ou en Eſcoce entre cy e la toux ſeinz prochein avenir, nus volons e promettons pur nus & pur touz les autres du Reaume de Eſco⯑ce, qe touz les Gardeyns des Chaſteus e de Forteleſces de meimes le Reaume ſeient adonqe obligez per ſerement e par eſcrit, de garder e de ſauver i ceus Chaſteus & Forteleſces al oes e en noun noſtre Dame anaunt⯑dite, e Sire Edward fiz e heyr le avauntdit Roy de Engleterre. E ſi nul des Gardeyns des Chaſteus e de Forteleſces ſeyt on ſeyent renablement ſuſpecenous a eus ou a nous, il ſerrount remuwe taunt de foiz come meſter ſerra per commun counſeil du Roy de Engleterre, e de bone gent de Eſcoce, e as autres du Reaume nient ſuſpecenous, ſouz bone ſeurte bailleu. Memes la choſe grauntons, otrions & promettons des Gardeyns e des autres Mini⯑ſtres du Reaume.

Appendix B.2.59 No 11.

‘THat tho it would ſeem moſt proper for the Scots to ſue to us, who are Superiors in the Field, and Maſters of a great part of their Realm; yet that our charitable Mind and Brotherly Love might be known, We do by all means poſſible provoke and call you to your own Commodity and Profit, as the Father does the Son, or the Elder Brother the young⯑er—and invite you to AMITY and EQUALITY, becauſe as We inhabit in the ſame Iſland, there is no People ſo like one another in Man⯑ners, Cuſtoms and Language—But becauſe ſome object that we don't ſeek EQUALITY, nor the Marriage, but a Conqueſt, and that we would not be Friends but Lords, altho our Proclamation at the laſt Wars did enough declare the contrary: yet here We declare to you and all Chriſtian People, to be the Kings Majeſty's Mind our Maſter's, by our Advice and Counſel, not to Conquer but to have in Amity, not to win by Force, but to conciliate by Love, not to ſpoil and kill, but to ſave and keep, not to diſſever and divorce, but to joyn in Marriage from high to low both the Realms, to make of one Iſle, one Realm, in Love, Amity, Concord, Peace and Charity—We offer Love, We offer EQUALITY and Amity; We overcome in War and offer Peace; [103] We win Holds and offer no Conqueſt; We get in your Land, and offer England—What can be more offered and more proffered, THAN IN⯑TERCOURSE OF MERCHANDIZES and interchange of Marriages, the aboliſhing of all ſuch our Laws as prohibit the ſame, or might be Impe⯑diment to the mutual Amity? We have offered not only to leave the Authority, Name, Title, Right or Challenge of Conqueror, but to receive that which is the Shame of Men overcome, to leave the Name of the Nation, and the Glory of any Victory (if any we have had, or ſhould have of you) and to take the indifferent old Name of Britains again; be⯑cauſe nothing ſhould be left on our part to be offered, nothing on your part unrefuſed, whereby ye might be inexcuſable.—What Face hath this of Conqueſt? We intend not to diſherit your Queen, but to make Her Heirs Inheritors alſo of England. WE SEEK NOT TO TAKE FROM YOU YOUR LAWS NOR CUSTOMS, but we ſeek to redreſs your Oppreſſion, which of divers ye do ſuſtain. In the Realm of England, di⯑vers Laws and Cuſtoms be according to the antient uſage thereof, and likewiſe France, Normandy and Gaſcoigne have ſundry kind of Orders. Have all the Realms and Dominions that the Emperor now hath, one Cuſtom and one Sort of Laws? Theſe vain Fears and Fantaſies of Ex⯑pulſion of your Nation, of changing of the Laws, of making a Con⯑queſt, be driven into your Heads by thoſe, who indeed had rather you were all conquered, ſpoiled and ſlain, than they would loſe any Point of their Will, of their Deſire of Rule, and of their Eſtimation, which they know in Quietneſs would be ſeen what it were, as it were in a Calm Water—If we two being made one by Amity, be moſt able to defend us againſt all Nations; and having the Sea for the Wall, mutual Love for Gariſon, and GOD for Defence, ſhould make ſo Noble and well agreeing Monarchy, that neither in Peace we may be aſhamed, nor in War afraid of any Worldly or Foreign Power: Why ſhould not you be as deſireous of the ſame, and have as much Cauſe to rejoyce at it as we?—And for a more ſure Proof and plainer Token of the good Mind and Will which we bear unto you, that which never yet was granted to Scotland in any League, Truce or Peace betwixt England and Scotland; becauſe ye ſhall have Proof of the beginning of Love and Amity of both the Realms, the King's Highneſs conſidering the mul⯑titude of them which are come to His Majeſty's Devotion, and of them that be Well-willers and Aiders of this Godly Enterprize, hath by our Advice and Counſel granted, and by theſe preſents doth grant, that from hence-forth all manner of Merchants and other Scotſmen, who will enter their Names with one of the Wardens of the Marches, and there profeſs to take part with us, in this before named godly purpoſe, may lawfully, and without any Trouble and Vexation, enter into any Port, Creek or Haven of England, and there uſe their Traffick of Merchandize, buy and ſell, bring in the Commodities of Scotland, and take and carry forth the Commodities of England, as liberally and as freely, and with the ſame and none other Cuſtoms therefore, than Engliſhmen, and the King's Subjects do at this preſent. Holinſhed, Hiſtory of England, Vol. III. p. 998.’

Appendix B.2.60 No 12.

[104]

THE Commiſſioners being met at Weſtminster, the chief Things debat⯑ed on were, 1. Whether the two Kingdoms ſhould be united un⯑der the Name of Great-Britain. And 2. Whether both Nations ſhould be equally capable of Honours and Offices in either Kingdom. Some advanc'd againſt the Firſt, That it was without all Example, that two Kingdoms equally ſupreme, ſhould lay aſide their former Names for a third new One: Nor could the Name of Great-Britain be ſo Honour⯑able as the ſeveral Names and Pluralities of Kingdoms: Thus tho Caſtile, Leon and Arragon, be united under the Subjection of the King of Spain, and France and Navarr under the French; yet theſe Kings alwiſe in their Deſignations mention the ſeveral Kingdoms they command.

Others alledg'd this ruight prejudice the Precedency of the Kings of England among other Princes; as being but a new one. But for all that, we find in Hiſtory, that this is no new thing; and in particular Livy reports, That the Trojans and Aborigines did after the Union of their Nations aſ⯑ſume the common Name of Latines: Thus the Hungarians derived their Name from the Huni & Avari (Morden in his Geography mentions the Au⯑thors from whence we have it) The Catalonians from the Catti & Albani: The Counties in Germany uſe that common Name: And that only is called Feudum novum which is acquired by Money, Donation or Conqueſt, and that Feudum antiquum which deſcends by Blood and Succeſſion.

When the 2d queſtion came under debate, ſome of the Commiſſioners agreed, it was unreaſonable the Scots ſhould be admitted to, and made capable of all the Employments in England. To this it was anſwered, That to refuſe it would continue the ancient Grudge and Enmity, for the Romans were ne⯑ver engaged in a ſharper War, than in the Bellum ſociale, which the La⯑tines raiſed againſt them, becauſe they would not admit them to be Con⯑ſuls after they were united, (vide Livy, Plutarch, Florus, &c.) After which the Romans did by their own Law Declare, That inter Concives & Muni⯑cipes, omnia munera debent eſſe communicata. Municipes enim ſunt qui pari⯑ter minera publica ſuſcipiunt. And Polybins in Lib. 2. ſpeaking of the Method whereby the Achaeans eſtabliſh'd their happy Union, (read alſo Plutarch) obſerves it to have been by this means.

This Privilege has been allowed the Scots in France, for the Earl of Bu⯑chan was made Conſtable by Ch. the 7th, becauſe he defeated the Duke of Charence: Douglaſs was made Duke of Turaine; Aubigney Vice Roy of Naples. Count Leſly was preferred lately to be an Earl of the Empire, and ſtill in the Emperial Dyets. In England William of Malmsbury confeſſes three Scots-Men were ſucceſſively created Arch-Biſhops of Tork, and the Earl of Forth was in the late Wars the ſucceſsful General of the Engliſh Army.

King James thought this Debate encroach'd upon his Prerogative, and therefore deſired it might go no further; That tho by his Prerogative he might imploy Natives of either Kingdom as he pleaſed, yet he would pre⯑fer the Subjects of the reſpective Kingdoms in their native Countries, till mutual Education and a laſting Union had fitted them to be indifferently employ'd, upon which Aſſurance all the Commiſſioners reſted, and ſo they proceeded to put theſe Concluſions in Form, and the Articles agreed upon were theſe.

It is agreed by the Commiſſioners of E. and S. to be mutually propoſed to the Parliaments of both Realms at the next Seſſion, that all [105] Hoſtile Laws made and conceived expreſly, either by E. againſt S. or S. againſt E. ſhall in the next Seſſions be abrogated, and utterly extinguiſh⯑ed.

It is alſo agreed, That all Laws, Cuſtoms and Treaties of the Border betwixt England and Scotland ſhall be declared by a general Act to be abrogated and obliterated: And that the Subjects on either Part ſhall be governed by the Laws and Statutes of the Kingdoms where they dwell, and the Name of the Borders extinguiſhed.

And becauſe by aboliſhing the Border-Laws and Cuſtoms, it may be doubted, that the Executions ſhall ceaſe upon theſe Sentences that have heretofore been given by the oppoſite Officers of thoſe Borders, upon Wrongs committed before the Death of the late Queen of happy Memo⯑ry; It is therefore thought fit, That in caſe the Commiſſioners or Officers to be appointed by His Majeſty before the time of the next Seſſions of Par⯑liament, ſhall not procure ſufficient Redreſs of ſuch fyled Bills & Sentences, that then the ſaid Parliament may be moved to take ſuch Order, as to their Wiſdoms ſhall ſeem convenient in ſatisfaction of that which has been decerned by ſome Officers. As alſo, how Diſorders and Inſolencies may be hereafter repreſſed, and the Country which was lately of the Borders kept in Peace and Quietneſs in time to come; As likewiſe to preſcribe ſome Orders how the Purſuits of former Wrongs preceeding the Death of the late Queen, and ſince the laſt Treaty of the Borders in the years 1596, and 1597, which have never as yet been moved, may be continued, and pro⯑ſecuted to a definitive Sentence.

And foraſmuch as the next Degree to the Abolition of all Memory of Hoſtility, is the Participation of mutual Commodities and Commerce; It is agreed Firſt, concerning Importation of Merchandize into either Re⯑alm from Foreign Parts; That whereas certain Commodities are wholly prohibited by the ſeveral Laws of both Realms to be brought into either of them by the Natives themſelves, or by any other, the ſaid Prohibitions ſhall now be made mutual to both, and neither an Engliſh-man bring into Scotland, or a Scotſ-man into England any of theſe prohibited Wares and Commodities: Nevertheleſs if the ſaid Commodities be made in Scotland, it ſhall be lawful to bring them out of Scotland to England, and ſo recipro⯑cally of the Commodities made in England and carried to Scotland.

Whereas a doubt hath been conceived againſt the equal Communication of Trade betwixt the Engliſh & Scots Subjects in the matter of Importation, grounded upon ſome Inequality of Privileges, which the Scots are report⯑ed to have in Foreign Parts, and namely in France, above the Engliſh, whereby the Engliſh might be prejudged: And that after a deliberate Con⯑ſideration had of the ſuppoſed Inequalities, both private and publick Exa⯑mination of divers Merchants of either ſide, touching all Liberties, Pri⯑vileges, Immunities, Impoſts and Payments on the part of the Engliſh, and on the part of the Scots, either at Bourdeaux for their Trade of Wines, or in Normandy or any other parts of France for other Commodities, it appear⯑ed that in the Trade of Bourdeaux, there was & is ſo little difference in any advantage of Privileges or Immunities, or in the Impoſts and Payments, all being reckoned and well weighed on either ſide, as it could not juſtly hinder the Communication of Trade. In the Trade of Normandy likewiſe, or any other Parts of France, the advantage the Scots Subjects by their Privileges are acknowledged to have, is ſuch as without much Difficulty may be reconciled and reduced to an Equality with the Engliſh, by ſuch means as are hereafter declared. It is agreed that the Scotſ-men ſhall be [106] free for tranſporting of Wine from Bourdeaux to England, paying the ſame Cuſtoms & Duties that the Engliſh-men do pay, & the Engliſh-men likewiſe ſhall be free for tranſporting Wine & other Commodities from Bourdeaux to Scotland paying the ſame cuſtoms & duties that the Scots-men do pay there.

And likewiſe for clearing and reſolving the Doubts touching the Ad⯑vantage that theſe Scots are ſuppoſed to have above the Engliſh in Buying and tranſporting the Commodities of Normandy and other parts of the King⯑dom of France, excepting the buying of Wine in Bourdeaux, which is al⯑ready determined. It is agreed, that there ſhall be ſent ſome meet and diſcreet Perſons into France, two for either ſide, to take notice of any ſuch Advantage, as either the Engliſh have above the Scots, or the Scots above the Engliſh, in Buying or Tranſporting of any Commodities of Normandy, or any parts of France, excepting the Wine of Bourdeaux: And as the ſaid Perſons ſhall find the advantage to be, ſo for making the Trade e⯑qual, the Cuſtoms ſhall be advanced to the King in England and Scotland; And for the part of theſe that have the advantage, and according to the Proportion of the ſaid Advantage, the Advancement of the Cuſtom to continue no longer, than the Privilege having ſuch advan⯑tage ſhall continue. And that generally for all other Trade from any Parts the Engliſh and Scots Subjects, each in others Countrey, ſhall have Liberty of Importation as freely as any of the Native Subjects themſelves having ſpecial Privilege.

Next, Concerning Exportation, It is agreed, That all ſuch Goods as are prohibited and forbidden to Engliſh-men themſelves to be exported out of England to any Foreign Part, the ſame ſhall be unlawful for any Scotſ-man, or any other to export to any Foreign Nation beyond Sea, under the ſame Penalties and Forfeitures that the Engliſh are ſubject un⯑to, and reciprocally that furth of Scotland no Engliſh Man ſhall tranſport to any Foreign Parts the Goods and Commodities that are pro⯑hibited in Scotland to Scots Men themſelves. Nevertheleſs ſuch Goods and Commodities and Merchandizes as are licenſed to Engliſh Men to tranſport out of England to any Foreign Part, the ſame may be likewiſe tranſported by Scots Men thither, they certifying their going into For⯑reign Parts, and taking a Cocquet accordingly, and paying the ordinary Cuſtom that Engliſh Men do pay themſelves at the Exportation of ſuch Wares, the like Liberty to be for Engliſh Men in Scotland.

As for the Native Commodities which either of the Countries do yield, and may ſerve for the uſe and benefit of the other; It is agreed, That mutually there may be tranſported furth of E. to S. and furth of S. to E. all ſuch Wares as are either of the Growth or Handywork of either of the ſaid Realms, without payment of any Impoſt, Cuſtom or Exaction; and as freely in all reſpects as any Wares may be tranſported either in En⯑gland from part to part, or in Scotland from Part to Part, except ſuch particular Sorts of Goods and Merchandizes as are hereafter mentioned, being reſtrain'd for the proper and inward uſe of each Countrey. And for that purpoſe it is declared, That both in this Communication of Bene⯑fit, and Participation of the native Commodities of the one Countrey with the other, there ſhall be ſpecially reſerv'd and excepted the ſorts hereaf⯑ter ſpecified; That is to ſay, Wooll, Sheep, Sheepfell, Cattel, Leather, Hides, and Linen-yarn, which are ſpecially reſtrain'd within each Coun⯑trey, not to be tranſported from one to the other; excepting alſo and re⯑ſerving to the Scots Men their Trade of Fiſhing within the Lochs, Firths and Bayes, within Land, and in the Seas within 14 Miles of the Coaſts of the Realm of Scotland, where neither Engliſh-men nor any Strangers have [107] us'd to Fiſh; and ſo reciprocally on the behalf of England. All which Reſtrictions and Exceptions are not to be underſtood or mentioned in any ſort for a Mark or Note of Separation and Diviſion, but only as matters of Policy and Conveniency for the ſeveral Eſtates of each Countrey.

Furthermore it is agreed, That all foreign Wares to be tranſported forth of Scotland into England, or out of England into Scotland, by any of the King's Subjects of either Kingdoms, having at their firſt Entry once paid Cuſtom in either of the Kingdoms, ſhall not pay outward Cuſtoms therein afterwards, ſave only inward Cuſtom at the Port whereunto they ſhall be tranſported: But the Owner of the Goods, or Factor, or Maſter of the Ship ſhall give Bond not to tranſport the ſame into any foreign Parts.

It is alſo agreed, That Scots-men ſhall not be debarred from being Aſ⯑ſociates unto any Engliſh Company of Merchants, as Merchant-Venturers or others upon ſuch Conditions as any Engliſh-man may be admitted; and ſo reciprocally for Engliſh men in Scotland.

It is nevertheleſs agreed by mutual Conſent, and is ſo to be underſtood, that the mutual Liberty aforeſaid of Exportation and Trade in each part from the one to the other, ſhall ſerve for the inward uſe only of either Re⯑ahn; and Order taken for the reſtraining and prohibiting the Tranſpor⯑tation of the ſaid Commodities to foreign Parts, and for due Puniſhment of thoſe that ſhall tranſgreſs in that behalf. And for the Better. Aſſu⯑rance and Caution herein, It is agreed that every Merchant ſo offending ſhall forfeit his Goods, the Ships wherein the ſaid Goods ſhall be tranſ⯑ported, confiſcated; the Cuſtomers, Searchers, and other Officers of the Cuſtom whatſoever, in caſe of Conſent or knowledge on their part, to loſe their Offices and Goods, and their Bodies to be impriſoned at His Maje⯑ſty's pleaſure. Of which Eſcheats and Forfeitures two Parts ſhall apper⯑tain to His Majeſty, if the Cuſtoms be unfarm'd, and the Third to the In⯑former: And if the Cuſtoms be farmed, one Third of the Forfeiture to belong to His Majeſty, a Third to the Farmer, and the other Third to the In⯑former. The Tryal of the Offence to be ſummar in either Countrey in the Exchequer Chamber; by Writ, ſufficient Witneſſes, or Oath of Party, or before the Juſtice by Jury or Aſſize, and his Majeſty's Officers in either Countrey to concur with the Complainers that inſiſt in the Purſuit.

As alſo for the more Security that there ſhall be no Tranſportation of ſuch Goods, it is agreed that at the ſhipping of all ſuch native Com⯑modities there be taken by the Cuſtomer of the Port where the Goods or Wares are embark'd a Bond or Obligation ſubſcribed by the Owner of the Goods, and Maſter of the Ship; By the Owner if he be preſent, or by the Maſter of the Ship, or Factor, or Party that loadeth the ſame in caſe of his abſence: Which Bond ſhall contain a Sum of Money anſwerable to the Value of the Goods, with condition of relieving the Party obliged, and diſcharging him of the ſaid Bond in caſe Return be made of a due Cer⯑tificate to the Cuſtom where the Goods were laden, from any Port within England or Scotland, and the Certificate to be ſubſcribed and ſealed by the Officers of the Cuſtoms of the Port where the ſaid Goods ſhall arrive to be unladen: Or if there be no ſuch Officers there, by the chief Magi⯑ſtrate and Town Clerk of that Harbour and Town under their Hand and Seal. And it is further agreed touching the different Fraighting of Com⯑modities either in Engliſh or Scots Bottoms, that Engliſh-men and Scots men fraight and laden their Goods each in others Ships & Bottoms indiffe⯑rently, paying only Engliſh and Scots Cuſtom, notwithſtanding any contra⯑ry Laws or Prohibitions. And that a Propoſition be made to the Parlia⯑ment of England for eſtabliſhing ſome good Orders, for upholding and maintaining the great Fiſhing of England; as alſo that a Propoſition be [108] made to the Parliament of Scotland for making of their ſhipping more proportionable in Burthen to the ſhipping of England, the better to ſerve for the Equality of Trade, and a common Defence for the whole Iſle.

And becauſe it's Requiſite that the mutual Communication aforeſaid, be not only extended to the Matter of Commerce, but to all other Benefites and Privileges of natural born Subjects; It is agreed that an Act be pro⯑poned to be paſſed in Manner following: That all the Subjects of both Re⯑alms born ſince the Deceaſe of the late Queen, and that ſhal be born here⯑after under the Obedience of His Majeſty or His Royal Progeny, are by the common Laws of both Realms, and ſhall be for ever enabled to ob⯑tain, ſucceed, inherit and poſſeſs all Goods, Lands and Chattels, Honours, Dignities, Offices, Liberties & Privileges & Benefices Eccleſiaſtick or Civil, in Parliament and all other places of the Kingdoms, and every one of the ſame, in all reſpects, and without any Exception whatſomever, as fully and amply as the Subjects of either Realm reſpectively might have done, or may do in any ſort within the Kingdom where they are born.

Further, his Majeſty out of his great Judgment and Providence, hath not only profeſſed in publick and private Speech to the Nobility and Council of both Kingdoms, but hath alſo vouchſafed to be contented that for a more full Satisfaction and Comfort of all his loving Subjects, it may be compris'd in the ſaid Act, that his Majeſty meaneth not to confer any Office of the Crown, any Office of Judicature, Place, Voice or Office in Parliament of either Kingdom, upon the Subjects of the other, born be⯑fore the death of the late Queen, until Time and Converſation have en⯑creas'd and accompliſh'd an Union of the ſaid Kingdoms, as well in the Hearts of all the People, and in the Conformity of Laws and Policies in theſe Kingdoms, as in the Knowledge and Sufficiency of particular men, who being untimely imployed in ſuch Authorities, could no way be able, much leſs acceptable, to diſcharge ſuch Duties belonging to them. It is therefore reſolved by us the Commiſſioners aforeſaid, not only in regard of our Deſires and Endeavours to further a ſpeedy Concluſion of this hap⯑py Work intended, but alſo as a Teſtimony of our Love and Thankful⯑neſs for his gracious Promiſe, on whoſe Sincerity and Benignity we build our full Aſſurance, even according to the inward ſenſe and feeling of our own Loyal and Hearty Affections, to obey and pleaſe him in all things worthy the Subjects of ſo worthy a Sovereign, that it ſhall be deſired of both the Parliaments, to be enacted by their Authority, That all the Sub⯑jects of both Realms, born before the Deceaſe of the late Queen, may be ena⯑bled and made capable to acquire, purchaſe, inherit, ſucceed, uſe & diſpoſe of all Lands, Goods, Inheritances, Offices, Honours, Dignities Liberties, Privileges Immunities, Benefices and Preferments whatſoever, Each Subject in either Kingdom with the ſame freedom and as lawfully and peaceably as the ve⯑ry natural and born Subjects of either Realm, where the ſaid Rights, Eſ⯑tates or Profits are Eſtabliſhed; Notwithſtanding whatſoever Law, Sta⯑tute, or former Conſtitution heretofore in Force to the contrary; Other than to acquire, poſſeſs ſucceed or inherit any Office of the Crown, office of Judicatory, or any Voice, place or Office in Parliament. All which ſhall remain free from being claim'd, held or enjoy'd by the Subjects of the one Kingdom within the other, born before the deceaſe of the late Queen, notwithſtanding any Words, Senſe or Interpretation of the Act, or any Cir⯑cumſtance thereupon depending, untill there be a perfect & full Accompliſh⯑ment of the Union, as is deſired mutually by both the Realms. In all which points of Reſervation, either in Recital of the words, His Majeſties ſacred Promiſe, or in any Clauſe or Sentence, before ſpecified, from enabling [109] them to any of the foreſaid Places or Dignities. It hath been & ever ſhall be ſo far from the thoughts of any of us, to preſume to alter or impair His Ma⯑jeſtys Prerogative Royal (who contrariwiſe do with all comfort & confidence depend herein, upon the gracious Aſſurance which his Majeſty is pleas'd to give in the Declaration of his ſo juſt and Princely Care and Favour to all his People,) as for a further laying open of our clear & dutiful Inten⯑tions towards His Majeſtie in this & in all things elſe which may concern his Prerogative: We do alſo herein profeſs & declare, that We think it fit, there be inſerted in the Act to be proponed and paſſed in expreſs terms, a ſufficient Reſervation of his Majeſties Prerogative Royal, to denizate, enable, and prefer to ſuch Offices, Honours, Dignities, and Benefices whatſoever in both the ſaid Kingdoms, and either of them, as are here⯑tofore excepted in the preceeding Reſervation of all Engliſh and Scots Sub⯑jects born before the Deceaſe of the late Queen, as freely, ſoveraignly and abſolutely as any of His Majeſties Royal Progenitors Kings of En⯑gland or Scotland, might have done at any time heretofore, and to all o⯑ther Intents and Purpoſes, in as ample manner as if no ſuch Act had been thought of or mentioned.

And foraſmuch as the ſeveral Juriſdictions and Adminiſtrations of either Realm may be abuſed by Malefactors, by their own Impunity, if they ſhall commit any Offence in the one Realm, and afterwards remove their Perſons and Abode into the other; It is agreed, that there may be ſome fit Courſe adviſed of by the Wiſdoms of the Parliaments, for Tryal and proceeding againſt the Perſons of Offenders remaining in the one Realm, for and concerning the Crimes and Faults committed in the other Realm. And yet nevertheleſs that it may be lawful for the Juſtice of the Realm, where the Offence is committed, to remand the Offender remaining in the other Realm, to be anſwerable to the Juſtice of the ſame Realm where the Fact was committed, & that upon ſuch Remand made, the Offen⯑der ſhall be accordingly delivered, and all further Proceedings (if any be) in the other Realm ſhall ceaſe, ſo as it may be done without pre⯑judice to His Majeſty, or other Lords in their Eſcheats and Forfeitures, with proviſion nevertheleſs that this be not thought neceſſary to be made for all Criminal Offences, but in ſpecial Caſes only, as namely in the Caſes of wilful Murther, falſifying of Moneys, and forging of Deeds, Inſtruments and Writings, and ſuch other like Caſes, as upon further Ad⯑vice in the ſaid Parliament may be thought fit to be added.

Appendix B.2.61 No 13.

Appendix B.2.61.1 A Paper given in by the Scots Commiſſioners to the Engliſh Commiſſioners for adjuſting the differences of Trade between the two Kingdoms, Jan. 21. 1667.

WE the Commiſſioners of and for the Kingdom of Scotland, Nomi⯑nated, and ſufficiently Authorized by His Majeſty, under His [110] great Seal of that Kingdom; to Treat and Conſult, as alſo to Conclude and Determine with your Lordſhips the Commiſſioners nominated by His Majeſty for the Kingdom of England, of and concerning the Freedom and Liberty of Trade, between the two Kingdoms of England and Scotland, do repreſent, That whereas his Majeſty's Subjects of Scotland be under the Alledgeance of the King ſince the happy Succeſſion of K. James to the Crown of England, are ſo far from being Aliens, that they are declared to have by the Law of this Kingdom all the Privileges of natural born Subjects of England. And whereas His Majeſties Subjects in Scotland have enjoyed the ſame in all the Dominions and Plantations belonging to the Kingdom of England, more than 56 years without any conſiderable Ob⯑ſtruction all that time, yet ſince the 25 of March in the 12 year of His Ma⯑jeſties Reign, by ſome Acts of Parliament here in England, the King's Subjects of Scotland are clearly debarred from the Privilege granted to all His Majeſties other Subjects; Seing by theſe Acts ſeveral Immunities and Privileges granted to ſuch Ships, as do truely and without Fraud be⯑long only to the People of England or Ireland, Dominion of Wales, or Town of Berwick upon Tweed, and all other Ships and Veſſels (without any Exception) with all their Goods and Merchandizes are declared to be forefaulted. Alſo by other Acts of Parliament ſince that time. Goods and Commodities of Scotland are at ſome times charged with a double Du⯑ty or Impoſition above 16 times more than the Goods of the like Nature of Foreign Growth, & ſome unuſual Cuſtoms are exacted in Northumberland & Cumberland.

In Order to the removing of all Obſtructions, to the Freedom & Liberty of Trade between the two Kingdoms, to the end the People of Scotland may be encouraged to trade here as formerly, and to export from the Kingdom ſuch foreign and other Commodities as are neceſſary for them, (which we conceive to be a great advantage to this Kingdom, the expor⯑ted Commodities far exceeding theſe imported hither) for encouraging the Shipping and Seamen of Scotland, without which Trade cannot be continued, and for preventing the Removal of the Trade of Scotland into foreign Parts, which would be very prejudicial to His Majeſties Cuſtoms in this Kingdom (as we conceive) and to the happy Union and Cor⯑reſpondence of the two Kingdoms, which we do above all things endea⯑vour to preſerve.

We do begin with that which was 1ſt in time, and indeed of the greateſt Importance to Scotland, an Act Intituled (An Act for the incouraging and increaſing Shipping and Navigation) paſſed in the 12 year of His Maje⯑ſty's Reign, and Ratified, Confirmed and Enacted in the 13 year. Cap. 140 In relation to which Act, we deſire 1ſt. That as to the Trade with the Lands, Iſlands, Plantations and Territories to His Majeſty belonging, or in his Poſſeſſion, or which may thereafter belong unto, or be in the Poſſeſſion of His Majeſty, His Heirs or Succeſſors, in Aſia, Africa or A⯑merica, the ſame Freedom may be allowed to ſuch Ships and Veſſels as do truely and without Fraud belong to the People of Scotland, whereof the Maſter & three 4th Parts are Scotſmen, or other His Majeſties Subjects, and fraighted only by His Majeſties Subjects; as are allowed to His Majeſties Subjects of Ireland, Dominion of Wales and Berwick upon Tweed.

2. That it be Declared, That His Majeſties Subjects of Scotland are not meaned to be debarred by the Clauſe debarring Men or Perſons, not born within the Alledgeance of our Sovereign Lord the King, from exerciſing the Trade or Occupation of Merchants or Factors in any of the ſaids Places.

[111] 3. That the Ships or Veſſels belonging truly to His Majeſties Subjects of Scotland, navigated as is before expreſſed, and fraighted only by His Majeſties Subjects, may be declared to have Liberty to bring into England the Goods and Commodities that are of Foreign Growth, Production, or Manufactory, under the ſame Reſtrictions and Limitations as are expreſt e⯑ver ſince King James came to England, is of abſolute neceſſity for entertain⯑ing the Shipping of Scotland, and keeping the ſamen there for His Maje⯑ſties Service, and will be an encreaſe of His Majeſties Cuſtoms.

4. That all other Privileges granted by this Act to the Ships and Veſ⯑ſels belonging truly to the Subjects of Ireland, Wales, and Town of Ber⯑wick upon Tweed, may be alſo declared to belong to the Ships or Veſſels truly belonging to the Subjects of Scotland, and Navigated & Fraighted as is aforeſaid, under the ſame Reſtrictions and Limitations alwiſe as by this Act laid upon the Subjects of Ireland, &c. That it may be declared that the Penalties impoſed upon Aliens for tranſporting of Goods from Ports to Ports, and all other Penalties impoſed upon Aliens by this Act, that the Subjects of Scotland are no ways therein concerned.

5. That whereas almoſt all the Ships and Veſſels belonging to His Ma⯑jeſties Subjects of Scotland, were during the late Uſurpation taken, burnt or Deſtroyed, and many of the Veſſels taken or bought ſince His Majeſties happy Return, are foreign built; we deſire that all Veſſels taken from the Kings Enemies, and condemned as lawful Prize, may be Declared Na⯑turalized, as is lately done here, and that they and all ſuch Ships as are truly in the Poſſeſſion of His Majeſties Subjects of Scotland, may be de⯑clared capable of free Trade here as if they had been built within His Majeſties Dominions; a Liſt of ſuch Ships being entred betwixt and a day to be agreed upon into the Cuſtom-houſe Books here, Provided that it ſhall not be lawful for Scotſ-men to trade here with any foreign built Ships to be bought hereafter, but only with ſuch Ships as are built in Scot⯑land, or ſome other of His Majeſties Dominions, and that both the Prize-Ships and other Ships now in the poſſeſſion of the Subjects of Scotland, be navigated by 3 Parts of 4 of Scots-men, or others His Majeſties Subjects, and fraighted only by His Majeſties Subjects.

6. And whereas it may be ſuppoſed, that by demanding ſuch a Trade with the Plantations, as is allowed to the Subjects of Ireland, we may pre⯑judge His Majeſties Cuſtoms here, or deſtroy the Ends of the Act of Na⯑vigation as to theſe Commodities; We Declare that we are willing to Treat and Conclude with your Lordſhips upon ſuch Aſſurances as can be reaſonably demanded, that none of theſe Commodities ſhall be tranſport⯑ed by Scots Ships from the Engliſh Plantations to any place beyond the Seas, but they ſhall be wholly brought into ſuch Parts of England as ſhall be agreed upon, excepting only ſuch a very ſmall Number, for the Con⯑ſumption of Scotland, as ſhall be agreed upon betwixt your Lordſhips and us.

Appendix B.2.62 No 14.

[112]
Appendix B.2.62.1 JOURNAL OF The Meeting held in the Coun⯑cil-Chamber in the Cock-Pit in Weſtminſter, BY The Scotiſh and Engliſh Commiſſioners Nominated by the QUEEN, to Treat of an UNION betwixt the Nations of SCOTLAND and ENGLAND; Conform to the Acts of the reſpective Par⯑liaments, Impowering Her Majeſty to Name Commiſſioners to Treat.
Appendix B.2.62.1.1 Die Martis 27th October 1702.

THIS being the Day appointed for the Meeting of the Commiſſioners, there were only 12 of the Scots then arriv'd who ſtoped as late as could be in the Hopes of the Arrival of the 13th to have made a Quorem: But ſeeing no Appearance of it, They went about 7 a Clock at Night to the Place appointed for their Meeting, where the Engliſh Com⯑miſſioners were conveened, and very full: And after the firſt Civilities were paſt, There was a Letter from Her Majeſty to the Scots Commiſſio⯑ners Adjourning the Meeting to the 10th of November, and the ſame Or⯑ders being ſent to the Engliſh Commiſſioners; They imparted them the one to the other, and ſo ſeparated.

Appendix B.2.62.1.2 Die Martis 10th November 1702.
[113]

ABout 7 in the Evening the Commiſſioners of both Kingdoms meet at the Place appointed for their Meeting, the Engliſh Commiſſioners being firſt there: After they had ſtood a while, they took their Places at a long Table, the Engliſh on the Right ſide, and the Arch-Biſhop of Canterbury as firſt in their Commiſſion upmoſt. And the Scots on the left Side, and the Duke of Queenſberry firſt in the Commiſſion upmoſt. When they were ſet, the Lord Keeper moved, That their reſpective Commiſſions ſhould be read, by which they would beſt know the Reaſons of their Meet⯑ing, which was done, the Engliſh firſt in the Engliſh Tongue, and the Scots in the Latine: when that was over, the Lord Keeper made the following Speech, which was anſwered by the Duke of Queenſberry.

My Lords,

WE, the Commiſſioners, for England, do, with great Satisfaction meet your Lordſhips on this Occaſion, hoping that by this Con⯑greſs the great Buſineſs for which Her Majeſty has been pleaſed to grant theſe Commiſſions, may be happily effected. That England and Scot⯑land already united in Alledgeance under one Head, the Queen, may for ever hereafter become one People, one in Heart and mutual Affec⯑tions, one in Intereſt, one in Name, or in Deed, a Work which if it can be brought to paſs, promiſeth a laſting Happineſs to us all.

With great Sincerity we deſire this Union, and we meet your Lord⯑ſhips with Hearts fully determined to enter upon ſuch Conſiderations, and into ſuch Meaſures with your Lordſhips, as are proper for bring⯑ing the ſame to the deſired Concluſion; on our part nothing ſhall be want⯑ing that may conduce to a happy Period of this great Work.

The Duke of Queenſberrie's Anſwer.

My Lord,

THE Union of the two Kingdoms has been much deſired both before and ſince their being under one Sovereign, and I hope, it is re⯑ſerved to Her Majeſty for the Glory of Her Reign, to finiſh the deſign which hath been often attempted by Her Royal Predeceſſors.

My Lord, I do conſider this Union to be highly advantageous for the Peace and Wealth of both Kingdoms, and a great Security for the Pro⯑teſtant Religion every-where; And, I can aſſure your Lordſhips both for my ſelf, and the other Lords Commiſſioners for Scotland, that we meet your Lordſhips with great Regard and Honour to your Perſons, and with ſincere Intentions to advance this great Deſign, & to accom⯑modate any Difficulties that may ariſe in the Treaty upon fair and rea⯑ſonable Terms.

Then the Lord Keeper moved, That ſome Words of the Scots Com⯑miſſion ſhould be read over again, which was done, the Words they no⯑ticed were, Dando illis plenam poteſtatem congregandi & conveniendi cum Commiſſionariis authoritate nostra munitis pro Regno & Parliamento Angliae, [114] &c. After reading, he ſaid, he did not conceive how they were ſuch as the Scots were impowered to Treat with, not being Commiſſionarii pro Par⯑liamento Angliae; Before any Anſwer was made, the Earl of Seafield mo⯑ved, That the Commiſſions ſhould be interchanged againſt the next Meet⯑ing, and that then they would be better, able to judge of the Purport and Intent of the Commiſſions, which was agreed to, and the next Meeting appointed on Monday thereafter.

Appendix B.2.62.1.3 Die Lunae the 16th of Novemb. 1702.

THE Commiſſioners met, but there being only a ſcrimp Quorum of the Engliſh, and two or three of them adhering to the laſt Objection, They deſired without proceeding to any Buſineſs, the Meeting might be Adjourned till Wedneſday, in hopes it might be more full; To which the Scots agreed.

Appendix B.2.62.1.4 Die Mercurii 18. November 1702.

THE Commiſſioners met, and the Engliſh inſiſting no more on the Keep⯑ers Objection, they received a Meſſage from the Queen, in two diffe⯑rent Papers, but of the ſame Tenor, which was read as followeth.

Appendix B.2.62.1.4.1
A. R.

HER Majeſty having in Proſecution of the ſeveral Attempts made by Her Royal Predeceſſors, moved both the Parliaments to conſider of the moſt effectual Methods for eſtabliſhing an Union be⯑tween the two Kingdoms; And Her Majeſty being authorized by both Parliaments to Appoint Commiſſioners to Treat of the Terms of this Union, which She hath done accordingly, Her Majeſty hopeth that the Commiſſioners now happily met for this purpoſe, will agree upon ſuch Meaſures as will be acceptable to both Parliaments; and may perfect an indiſſoluble Union between the two Nations, which Her Majeſty thinks the moſt likely Means under Heaven to eſtabliſh the Monarchy, ſecure the Peace, and encreaſe the Trade, Wealth and Happineſs of both Nations.

The Heads of this Treaty are ſo obvious, that Her Majeſty does not think it neceſſary to Name them, but Her Majeſty recommends it to the Commiſſioners, to make ſuch Propoſals mutually on this Subject, as ſhall occur to them, and may be moſt likely to bring this Treaty to a happy and ſpeedy Concluſion.

And Her Majeſty earneſtly wiſhes for Her own Honour, and the Welfare of Her Subjects, That this Union may be eſtabliſhed on ſuch ſolid Foundations, as that the Breach of it may be as impoſſible as humane Councils can make it. Given at the Court of St. James's the 16th November 1702.

To the Commiſſioners appointed for Treating of an Union be⯑tween the two Kingdoms.

[115] After reading of this Letter, the Lord Keeper propoſed the fol⯑lowing Overtures, as the Rule of the Method of their proceeding, which were agreed to, and are as follow.

  • 1. That all Propoſals, mutually to be made, ſhall be offered in Writing.
  • 2. That no Propoſals ſo made ſhall be debated the ſame day.
  • 3. That all Debates ſhall be by word of Mouth, and not in Writing.
  • 4. That every Point that ſhall be agreed on ſhall be reduced in Writ⯑ing.
  • 5. That no Point though agreed on and reduced into Writing, ſhall be obligatory on either ſide, till all Matters be adjuſted in ſuch manner as ſhall be proper to be laid before the Queen & the two Parliaments.

And then they Adjourned till Friday.

Appendix B.2.62.1.5 Die Veneris 20 November 1702.

THE Commiſſioners met, and the Scots gave in two Additional Prelimi⯑nary Articles, One of them Explanatory of the 5th of theſe given in by the Lord Keeper; The other about the Minutes, which were both a⯑greed on by the Engliſh, and are as follows.

  • 6. That theſe Matters tho ſo adjuſted as may be proper to be laid before the Queen and the two Parliaments, ſhall not be binding till Ap⯑prov'd and Ratified in the ſaid Parliaments.
  • 7. That there be a Committee appointed, conſiſting of a certain Number of each Side, to reviſe the Minutes of what paſſes, which are not to be inſerted by the Secretaries in their reſpective Books, but by the Order of the ſaid Committee.

Then the Lord Keeper gave in thir Propoſals about the Subject of the Treaty, viz.

That the two Kingdoms be united into one, by the Name of the King⯑dom of Great-Britain, &c.

That the Succeſſion to the Monarchy of this united Kingdom of Great-Britain, ſhall be according to the Limitations mentioned in the Act of Parliament made in England in the 12th and 13th Year of the Reign of the late K. William, Intituled, An Act for the further Limitation of the Crown, and better ſecuring the Rights and Liberties of the Subject.

And the Duke of Queenſberry gave in for the Scots theſe following.

  • 1. The uniting of the two Kingdoms into one Monarchy.
  • 2. The Repreſenting both Kingdoms in one Parliament.
  • 3. The mutual Communication of Trade, and all other Privileges and Advantages.

[116] Theſe are the General Articles, in which it is propoſed, That the two Kingdoms may be United; There will be certain other Articles and pro⯑per Reſervations which may be offered afterwards.

Theſe Propoſales were read twice, and Ordered to be Exchanged, and to be conſidered againſt the next Meeting, which was appointed to be on Wedneſday thereafter.

Appendix B.2.62.1.6 Die Mercurii 25. Novemb. 1702.

THE Commiſſioners met, the Lord Keeper moved, That the 6th Preli⯑minary Article which had been propoſed and agreed on at the pre⯑ceeding Meeting might be conſidered, upon which the Lords Commiſſio⯑ners for Scotland withdrew, and within a little returning, the Duke of Queenſberry acquainted the Lords Commiſſioners for England, That they were ſatisfied the 6th Article ſhould be laid aſide, providing ſomething might be found out to ſatisfie their Difficulty as to the 5th Article.

Agreed, That the 6th Article be laid aſide, and that there be added to the 5th theſe Words, For their Approbation.

Agreed, That to the 7th Article about the Committees, theſe words be added, Having firſt made Report thereof to their reſpective Commiſſioners, and received their Approbation of the ſame.

Then were nominate the Commiſſioners for the Committee.

Of the Scots Commiſſioners, Viſcount of Stair, Lord Preſident of the Seſſion, and the Lord Treaſurer-deput, or any two of them. And of the Engliſh, Sir John Cook, Mr. Godolphin, and Mr. Clark. or any two of them.

The Duke of Queenſberry acquainted the Engliſh Commiſſioners, That they had prepared an Anſwer to the Propoſal given in by their Lordſhips at their preceeding Meeting; The Tenor whereof follows.

The Commiſſioners for the Kingdom of Scotland do agree, That the Kingdoms be united into One by the Name of the Kingdom of Great-Britain, and that the Succeſſion to the Monarchy of this United Kingdom of Great-Britain, in Default of the Iſſue of the Body of Her Majeſty Q. ANNE (which GOD forbid) ſhall deſcend on Princeſs Sophia Electoreſs Dowager of Hannover, and remain to Her and the Heirs of Her Body be⯑ing Proteſtants (ſecluding all Papiſts) for ever, conform to the Act of Parliament made in England in the 12th and 13th Year of the Reign of the late King William, Intituled, An Act for the further Limitation of the Grown, and the better ſecuring the Rights and Liberties of the Subjects, Re⯑ſerving the other Conditions and Proviſions contained in the above-men⯑tioned Act, to be conſidered in the further progreſs of the Treaty, in or⯑der to be adapted to the Conſtitutions and Laws of both Kingdoms.

Then the Lord Keeper acquainted the Scots Commiſſioners, That they had prepared an Anſwer to two of the Articles propoſed by their Lord⯑ſhips, [117] having the Third under Conſideration, which was read as follows.

The Lords Commiſſioners for England, have taken into their Conſide⯑ration two of the three Articles offered by your Lordſhips on the part of Scotland, viz. 1. The Uniting the two Kingdoms into one Monarchy. 2. The Repreſenting both Kingdoms in one Parliament, and are come to the following Reſolution. That there can be no doubt of their Lordſhips a⯑greeing to the Firſt Article, it being comprehended in what their Lordſhips have offered. That as to the 2d. Article their Lordſhips agree to the Propoſition in general, reſerving to their future Conſideration ſuch Propoſals as ſhall be offered to make it practicable.

My Lord Duke of Quenſberry Moved, That ſince they had given their Lordſhips a full Anſwer to the Propoſals offered by them at their preceed⯑ing Meeting, and have only received their Lordſhips Anſwer to two of the Three Articles propoſed by them, that nothing ſhould be entred by the Secretarys in their Books till they have an anſwer to their Third Ar⯑ticle, about the Communication of Trade, which was agreed to:

And then they adjourned to Monday the 30th Novemb, at 6 in the E⯑vening 1702.

Appendix B.2.62.1.7 Die Lunae 30th Novemb. 1702.

THE Commiſſioners met, the Lord Keeper of England acquainted the Lords Commiſſioners for Scotland, that they had prepared an An⯑ſwer to the third Article offered by their Lordſhips about the Communi⯑cation of Trade, and a Propoſal relating to the ſame, both which were read as follows.

The Lords Commiſſioners for England, have taken into their Conſidera⯑tion the 3d Article propoſed by your Lordſhips, viz. The mutual Com⯑munication of Trade and other Privileges and Advantages, and are come to this Reſolution.

Their Lordſhips agree, That a mutual Communication of Trade and other Privileges and Advantages, is proper and reaſonable in a compleat Union of the two Kingdoms.

Their Lordſhips propoſe, That your Lordſhips Anſwer to the Propoſal from the Commiſſioners for England, which relates to the uniting the two Kingdoms in one, and ſettling the Succeſſion, may together with their preſent Anſwer to the third Article be entred into the reſpective Books and Journals.

The Duke of Queenſberry told their Lordſhips, That the Lords Commiſ⯑ſioners for Scotland would take their Lordſhips Anſwer and Propoſal into Conſideration againſt next Meeting, and then adjourned till the next day.

Appendix B.2.62.1.8 Die Martis 1ſt. Decemb. 1702.
[118]

THE Lords Commiſſioners for Scotland met at the Time appointed, but there not being a Quorum of the Engliſh, they adjourned to Friday thereafter.

Appendix B.2.62.1.9 Die Veneris 4th December 1702.

THE Commiſſioners being met, the Duke of Queenſberry ſaid, That the Lords Commiſſioners for Scotland had ſome thing to offer to their Lordſhips, in reference to their Lordſhips Anſwer to the 3d Article about Communication of Trade, which was read as follows.

The Lords Commiſſioners for Scotland having taken into Conſideration your Lordſhips Anſwer to the 3d Article of their Propoſals, wherein your Lordſhips agree. That a mutual Communication of Trade and other Priviledtes and Advantages is proper and reaſonable in a compleat Union of the two Kingdoms, their Lordſhips conceive that the uniting the two Kingdoms into a Monarchy, in one Parliament, and one Line of Succeſ⯑ſion, is ſuch an Union as Entitle the Subjects of both Kingdoms to a mu⯑tual Communication of Trade, and other Privileges and Advantages, and if your Lordſhips do acquieſce and conſent to the Communication of Trade in theſe Terms, the Lords Commisſioners for Scotland do conſent that the Anſwer and this Addition be entred in the reſpective Books and Journals.

The Lords Commisſioners for England withdrew to conſider this, and returning within a little, the Lord Keeper offered what follows, which was read.

Their Lordſhips conceive that the Union cannot be compleat till the Terms are adjuſted, upon which it is to be conſtituted, and therefore tho they allow the Communication of Trade and other Privileges to be the neceſſary Reſult of a compleat Union: yet in the Method of proceeding they muſt firſt ſettle with your Lordſhips the Terms and Conditions of the Communication of Trade and other Privileges, and they are ready to enter upon the Conſideration of them in ſuch a Method as ſhall be agree⯑ed on, and moſt likely to bring this particular Matter to a ſpeedy De⯑termination.

They move, That their Anſwer to the Propoſal from the Commiſſioners of England, which relates to the uniting the two Kingdoms into one, and ſettling the Succeſſion, may be entred.

To this the Lords Commiſſioners for Scotland after having withdrawn for ſome time, and returned, made the following Anſwer, which was read, and agreed to by the Engliſh Commiſſioners.

The Lords Commisſioners for Scotland are ſatisfied to treat the Particu⯑lars of the Communication of Trade, in order to adjuſt the ſame, and do agree that the Propoſals and Anſwers mutually made on either ſide be entred in the reſpective Books and Journals in the terms of the Prelimi⯑naries.

[119] Then the Duke of Queenſberry offered on the part of the Lords Com⯑miſſioners for Scotland the following Propoſals, which was read, and agre⯑ed to by the Engliſh without withdrawing.

The Lords Commiſſioners for Scotland propoſe to your Lordſhips, That for preparing and facilitating Matters which may occur in this Treaty, there may be a Committee conſiſting of 4 or 5 Perſons of either King⯑dom Nominate from time to time, to meet and diſcourſe the Points that may properly fall in to be conſidered in this Treaty, and to report what hath paſt to the reſpective Commisſioners, that in the General Meet⯑ing they may proceed with the greater Unanimity and Diſpatch.

Reſolved, That this Committee conſiſt of Six of each Side, who were named as follows; Of the Scots Commisſioners, M. of Annandale, D. of Argyle, E. of Seafield, V. of Tarbat, V. of Stair, Sir Patrick Johnſtoun, or any three of them. Of the Engliſh Commisſioners, Arch-Biſhop of York, E. of Carliſle, E. of Scarborrough, Lord Chief Juſtice Trever, Sir John Cook, Mr. Godolphin, or any three of them.

Adjourned to the 9th Inſtant, Committees to meet on Monday the 7th inſtant at 10 in the Forenoon.

Appendix B.2.62.1.10 Die Mercurii 9th December 1702.

THE Duke of Queensberry on the part of the Lords Commiſſioners for Scot⯑land, made the following Propoſals.

  • 1. That there be a free Trade betwixt the two Kingdoms without any Impoſition or Diſtinction.
  • 2. That both Kingdoms be under the ſame Regulation, and lyable to equal Impoſitions for Importation and Exportation, and that a Book of Rates be Adjuſted for both.
  • 3. That the Subjects of both Kingdoms and their Seamen, and ſhipping have equal Feeedom of Trade and Commerce to and from the Plantations, and be under the ſame Regulations.
  • 4. That the Acts of Navigation, and all other Laws in either King⯑dom, in ſo far as contrary to, or inconſiſtent with any of the above-men⯑tioned Propoſals be reſcinded.
  • 5. That neither Kingdom be burdened with Debts contracted, or to be contracted by the other before the Union, and that the equality of Impo⯑ſitions in the 2d Propoſal be underſtood with an Exception of Impoſitions laid on or appropriate by the Parliament of England for payment of their Debts, or if an Equality be thought neceſſary, that there be allowed to Scotland an Equivalent.
  • 6. That the former Propoſals are made without prejudice to the Com⯑panies or Manufactories of either Kingdom, which are reſerved to further Conſideration in the Progreſs of this Treaty.

The Lords Commiſſioners for England took theſe Propoſals to Conſide⯑ration.

Reſolved, That the former Committee be revived, and that they have power to meet any time before the general Meeting, and diſcourſe on the ſubject of the above Propoſals, and report to the reſpective Commiſſi⯑oners.

Reſolved, That two of each Side be added to the Committee, the Quo⯑rum continuing as before.

Nominate by the Lords Commiſſioners
  • For SCOTLAND.
    • Lord Boyle.
    • Lord Preſident of the Seſſion.
  • For ENGLAND.
    • E. of Burlingtoun.
    • Samuel Clerk Eſq.

And then they Adjourned to Monday the 14 December.

Appendix B.2.62.1.11 Die Lunae 14 December 1702.

THE Lord Keeper acquainted the Lords Commiſſioners for Scotland, That having been taken up with publick Buſineſs ſince the laſt Meet⯑ing, they had not prepared Anſwers to the Propoſals then offered by them, but that they ſhould endeavour to have them ready againſt the next.

He alſo acquainted their Lordſhips, That Her Majeſty deſigns to Ho⯑nour this Meeting with Her Preſence; And moved, That the Propoſals made on either Side ſince the Commencement of the Treaty, and the Reſolutions taken thereupon, ſhould be read over to Her Majeſty.

Within a little Her Majeſty came in, and being ſet in Her Chamber, ſpoke to the Lords Commiſſioners to this Purpoſe.

My Lords,

I Am fully perſwaded, that the Union of the two Kingdoms will prove the Happineſs of Both; and render this Iſland more formidable than it has been in paſt Ages; That I wiſh this Treaty may be brought to a good and ſpeedy Concluſion, I am come to know what Progreſs you have made in it, and I do aſſure you nothing ſhall be wanting on my part to bring it to Perfection.

The Lord Keeper told Her Majeſty, That what was then under Conſi⯑deration, was, ſome Propoſals offered on the part of their Lordſhips for Scotland about Trade, to which they had not yet prepared an Anſwer, but deſired to know if Her Majeſty would hear read the Propoſals for⯑merly given on either Side, and the Reſolutions taken thereupon, which Her Majeſty allowed.

After reading whereof, Her Majeſty went away, and the Commiſſio⯑ners adjourned to the 16th Inſtant.

Appendix B.2.62.1.12 Die Mercurii 16th Decemb. 1702.

THE Commiſſioners met, and the Lord Keeper in name of the Engliſh Commiſſioners gave in the following Paper to the Lords Commiſſio⯑ners for Scotland, which was read, as follows.

Some Conſiderations of the Lords Commiſſioners for England upon the [121] Propoſals delivered by the Lords Commiſſioners for Scotland on the 9th inſtant, to be propoſed as the Subject Matter of Debate between the Lords Commiſſioners of both Kingdoms.

As to the Firſt Article, Their Lordſhips are of Opinion that there be a free Trade between the two Kingdoms, for the Native Commodities of the Growth, Product or Manufactory of the reſpective Countries, with an Exception of Wooll, Sheep and Sheep Fells, and without any Diſtincti⯑on or Impoſition other than equal Duties upon the home Conſumption re⯑ſpectively: Their Lordſhips being of Opinion, that the Trade between the two Kingdoms cannot be upon an equal Foot, unleſs the ſaid Duties and Impoſitions be the ſame in Scotland as in England.

And this Article reſpecting a Coaſt-Trade, it ſeems reaſonable for their Lordſhips to inſiſt, That the Maſter, Mariner and Goods ſhould be un⯑der the ſame Securities, Penalties and Regulations, as are in that caſe provided by the Laws in England.

As to the 2d Article, it ſeems reaſonable; But their Lordſhips offer, that it will be neceſſary therein to add a Proviſion, That not only the Im⯑poſitions on Trade, but the Prohibitions be the ſame on both Sides, in re⯑ſpect as well of Importations as Exportations.

As to the 3d Article, Their Lordſhips ſay, That the Plantations are the Property of Engliſh Men, and that this Trade is of ſo great a Conſequence, and ſo beneficial, as not to be communicated, as is propoſed till all other Particulars which ſhall be thought neceſſary to this Union be adjuſted; And as the Caſe now ſtands by Law, no European Goods can be carried to the Engliſh Plantations, but what have been firſt landed in England, ex⯑cept Salt, Iriſh and Scots Proviſions, Servants and Horſes, Madera Wine, and Wine of the Azores; nor can the Product of the Plantations be carryed to other Parts of Europe till it be firſt landed in England. Their Lordſhips further offer, That in this Article, it will be neceſſary to make Proviſion, that the Subjects of Scotland ſhall be lyable to be preſsed for the Sea, in the ſame manner as the Engliſh Subjects are in time of War for Her Maje⯑ſty's Service.

As to the 4th Article, Their Lordſhips agree that an Act of Navigation muſt be granted in both Kingdoms adapted to the Terms of the Union.

As to the 5th Article, their Lordſhips ſay, That the Propoſals therein⯑contained ſeems to contradict what was granted by the 2d Article, in as much as there is no Duty ſubſiſting on Trade (excepting only on ſome Funds for the Civil Government) but what is appropriated to the pay⯑ment of the Debts of the Nation; That tho the ſaid Debts have been contracted by a long War entred into; More particularly for the Preſer⯑vation of England, and the Dominions thereto belonging; Yet that Scot⯑land has taſted of the Benefites which have accrued to Great-Britain in general, from the Oppoſition that hath been made to the Growth and Power of France; That ſuch Burdens will be abundantly recompenſed to Scotland by a compleat Union: To which compleat Union as a free Communication of Trade is eſſential, ſo ſuch a free Communication of Trade cannot be eſtabliſhed with Equality, unleſs the ſame Duties both [122] upon Foreign Trade and Home Conſumption be levied on both King⯑doms: But how the Sums of Money thereby ariſing within the ſaid Re⯑alm ſhall be applyed, or what Equivalent is to be allowed in the Room thereof, may be ſettled when your Lordſhips are ready to offer what Pro⯑portion of the publick Burdens Scotland propoſes to bear towards the fu⯑ture Support of the Government both in times of Peace and War.

As to the 6th Article, their Lordſhips ſay, That it requires to be further explained, before they can be ready to give any anſwer to it.

After giving in the above Propoſals, in anſwer to the laſt Propoſal made by Scotland, the Engliſh deſired a Day for a Conference on both might be appointed, which was accordingly appointed on Saturday next.

Appendix B.2.62.1.13 Die Saturni 19th December 1702.

THE Commiſſioners on both Sides had a full Conference upon the Subject of the Communication of Trade in the foreſaids Propoſals and An⯑ſwers, which was very amicable, and their Lordſhips for England agre⯑ed to all the Propoſals made by their Lordſhips for Scotland, and a Com⯑mittee was appointed to draw up the Reſolutions taken thereupon, to be offered at their next Meeting on Wedneſday the 23 inſtant.

Appendix B.2.62.1.14 Die Mercurii 23d December 1702,

THE Committee having met to draw up the Reſult of the Conference of the 19th Inſtant, to have been this day preſented to the general Meet⯑ing: and there not being a Quorum of the Engliſh, they adjourned to the 29th inſtant.

Appendix B.2.62.1.15 Die Martis 29th December 1702.

A Quorum of the Scots Commiſſioners being met at the uſual Place of Meeting, and there not being a Quorum of the Engliſh, they adjour⯑ned to the 30 inſtant.

Theſe frequent Diſappointments ſeeming to denote an Indifferency on the part of the Engliſh, the Scots began to ſignifie their Impatience, ſo as ſeverals of them threatned to return to Scotland.

Appendix B.2.62.1.16 Die Mercurii 30 December 1702.
[123]

THE Commiſſioners met, and at their taking their Places, the Lord Keeper ſaid, their Lordſhips of England had taken Notice of the publiſhing of ſome of their Proceedings in the Flying-Poſt, which they thought not Convenient, and therefore had ordered their Secretary not to give out any Copies of their Proceedings, and deſired their Lordſhips for Scotland would do the like, which was agreed to. And then

The Lord Keeper offered a Paper, containing the Reſult of the laſt Con⯑ference in the Propoſals made by the Lords Commiſſioners for Scotland a⯑bout Trade. And the Duke of Queenſberry offered another, which were both read: The Engliſh in the following Terms.

Agreed by the Lords Commiſſioners of both Kingdoms in the terms of the Preliminaries, and to take effect when the Union ſhall be compleat⯑ed.

  • 1. That there be a free Trade between all the Subjects of the Iſland of Great-Britain, without any Diſtinction, in the ſame manner as is now practiſed from one part of England to another, and that the Maſters, Ma⯑riners, and Goods be under the ſame Securities and Penalties in the Coaſting-Trade.
  • 2. That both Kingdoms be under the ſame Regulations and Prohibi⯑tions, and lyable to equal Impoſitions for Importation and Exportation, and upon the home Conſumption, and that a Book of Rates be adjuſted for both.
  • 3. That the Subjects of both Kingdoms, and their Seamen and Shipping, have equal Freedom of Trade and Commerce to and from the Plantations, under ſuch and the ſame Regulations and Reſtrictions as are and will be neceſſary for preſerving the ſaid Trade of Great-Britain, and that the Seamen of Scotland be equally lyable to the publick Service, as the Sea⯑men of England now are.
  • 4. That ſuch Laws, Part or Parts of the Act of Navigation, or of any other Law now in force in either Kingdom, as ſhall be contrary to, or inconſiſtent with the Union, ſhall be on both ſides repealed.

The Paper offered by the Scots differed only materially from this in that in the ſecond Article, the Words (and upon the Home Conſumpt) were left out, and ſo need not to be inſerted.

After reading of which, the Scots Commiſſioners withdrew, and return⯑ing within a little, the Duke of Queenſberry told their Lordſhips for En⯑gland, that they had taken notice of ſome things in the Paper offered by their Lordſhips, which did not ſeem properly to fall under the Head of Trade, as the Duties on Home Conſumpt; The Engliſh inſiſted that it did. So it was moved that there ſhould be a Conference on this Mat⯑ter Saturday next.

Appendix B.2.62.1.17 Die Saturni Januar. 2. 1702/3.
[124]

AT the Conference the following Articles were agreed on, and ordered to be inſert in the Journals, the Engliſh having been ſatisfied that the Impoſition on Home Conſumpt ſhould be reſerved to a Conference at next Meeting, which was appointed to be upon Monday thereafter.

Agreed by the Lords Commiſſioners for both Kingdoms in the Terms of the Preliminaries, and to take place when the Union ſhall be compleated.

  • 1. That there be a free Trade between all the Subjects of the Iſland of Great-Britain without any Diſtinction in the ſame manner as is now prac⯑tiſed from one part of England to another, and that the Maſters, Mari⯑ners, and Goods be under the ſame Securities and Penalties in the Coaſt⯑ing Trade.
  • 2. That both Kingdoms be under the ſame Regulations and Prohibiti⯑ons, and lyable to equal Impoſitions for Importation and Exportation, and that a Book of Rates be adjuſted for both.
  • 3. That the Subjects of both Kingdoms and their Seamen, and Ship⯑ping have equal Freedom of Trade and Commerce to and from the Plan⯑tations, under ſuch and the ſame Regulations and Reſtrictions as are and will be neceſſary for preſerving the ſaid Trade of Great-Britain; And that the Seamen of Scotland be equally lyable to the publick Service, as the Seamen of England now are.
  • 4. Such Laws, Part or Parts of the Act of Navigation, or of any other Law now in force in either Kingdom, as ſhall be contrary to, or incon⯑fiſtent with the Terms of the Union, ſhall be on both ſides repealed, and that an Act of Navigation be framed and adapted to the Terms of the Union.
Appendix B.2.62.1.18 Die Lunae 4 Januar. 1702/3.

THE Lords Commiſſioners & from Scotland being met, there not being a Quorum of the Engliſh, they adjourned to the 8th Inſtant, and upon the like Diſappointments on the part of the Engliſh, hhey further Ad⯑journed three ſeveral times without doing any Buſineſs, he laſt of which was to the 12th inſtant.

Appendix B.2.62.1.19 Die Martis 12th Januar. 1702/3.

THE Commiſſioners of both Sides being met, they had a long Confe⯑rence in relation to the Home Conſumpt, in which the Engliſh ſeemed [125] poſitive, that an Equality of Impoſitions throughout the united Kingdom as abſolutely neceſſary, but ſeemed inclinable to condeſcend, That Scot⯑land ſhould be exempted from all Exciſes and Duties laid on for payment of Debts contracted by England before the Union, but that Scotland ſhould be ſubject to ſuch Duties as ſhould be laid on for Exigences after the Uni⯑on, and adjourned to the 18th inſtant.

Appendix B.2.62.1.20 Die Lunae 18th. Januar. 1702/3.

THE Duke of Queenſberry for the Lords Commiſſioners for Scotland, acquainted their Lordſhips of England, That they had drawn up ſome Articles, as the Reſult of their laſt Conference, in which they had yielded as much in the ſeveral Points therein-mentioned as poſſibly they could; Which Articles were read, and taken into Conſideration by the Lords Commiſſioners for England againſt the next Meeting, which was appointed to be upon the 20 inſtant.

Follows the Articles offered by the Scots.
  • 1. That neither Kingdom be burdened with Debts contracted or to be contracted by the other before the Union, And that no other or greater Exciſe or other Duties on Home Conſumption, or Inland Taxes be raiſ⯑ed or impoſed within that part of the united Kingdom now called Scot⯑land, than theſe now on Foot there, till the Debts of England contracted or to be contracted before the Union be fully ſatisfied and paid.
  • 2. That after Payment of the Engliſh Debts as aforeſaid, that part of Britain now called Scotland, ſhall be ſubject to the Survey of the Parlia⯑ment of Great-Britain, and be lyable to ſuch Exciſe, and other Home Duties as ſhall by the ſaid Parliament be thought juſt and ſuitable to the Circumſtances of that part of the united Kingdom for the time; Pro⯑vided, that the Proportion of Inland Duties and Impoſitions of that part of the United Kingdom, ſhall not then or ever after be more than that of the Neighbouring Counties of the now Kingdom of England.
  • 3. If any Goods or Merchandize of the Native Product of Scotland, not lyable to any Exciſe or Impoſition there, ſhall be tranſported from Scot⯑land to England by Sea or Land, the ſaids Goods and Merchandice when brought into England ſhall be lyable to the ſame Duties, and no other, which might have been raiſed or exacted if they had been of the Native Product of England.
  • 4. As an Equivalent to Scotland for becoming ſubject to the ſame Re⯑gulations with England in Export and Import, and for the Encourage⯑ment of Fiſhing and Trade, and Manufactorie in Scotland, That out of ſome effectual Branch of the Revenue ariſing from that part of Britain now called Scotland, There be 10000 lib. yearly after compleating the Union, appropriated towards carrying on the Fiſherie, and improving the Manufactures and Native Product there, as ſhall be directed and or⯑dered by Commiſſioners and Truſtees to be named for that purpoſe.
  • [126] 5. That 48000 lib. ſhall be reckoned as the juſt Proportion of Scotland in the 4 lib. Rate of Land-Tax, and ſo proportionally in all Land-Tax⯑es in time coming.
Appendix B.2.62.1.21 Die Veneris 22. Januar. 1702/3.

THere not being a Quorum of the Engliſh, and the Scots being met in their own Chamber in the Cock-pit; The Marqueſs of Normanbie and Earls of Pembroke and Notinghame came unto them from ſuch of the En⯑gliſh Commiſſioners as were met in the Council Chamber, to ſignifie that they were ſo much aſhamed of the frequent Diſappointments they had given them, That for preventing the like for the future, they had reſolved amongſt themſelves to apply to Her Majeſty for a new Commiſſion under the Broad Seal, in which Seven might be named a Quorum.

After theſe Lords withdrew, the Scots Commiſſioners conſidered the Propoſition, and having cauſed read their own Commiſſion, by which they are authorized to Treat with Commiſſioners to be named by Her Majeſty under the Broad-Seal of England, their ſufficient Number, which is not ſpecified; They thought themſelves ſufficiently warranted to Treat with that Number of the Engliſh which ſhould be determined by the Com⯑miſſion under the Great-Seal of England, and of this they acquainted the Engliſh by the Marqueſs of Annandale, Earl of Seafield and Viſcount of Tarbat, and then adjourned to Saturday the 23 inſtant.

Appendix B.2.62.1.22 Die Saturni 23. Januar. 1702/3.

THE Commiſſioners being met, the Engliſh gave in a new Commiſſion under the Broad-Seal of England, whereby Seven were appointed a Quorum; And the ſame being read, the Lord Keeper offered in Writ⯑ing the following Conſiderations upon the Articles, in reference to Home Conſumpt offered by their Lordſhips of Scotland on the 18th: Which Conſiderations being read, were by the Scots Commiſſioners taken into Conſideration till next Meeting, which was appointed on the 27th inſtant, and a Conference appointed on the 26th inſtant.

Follows the Conſiderations offered by the Engliſh.
  • 1. AS to the former part of the firſt Article, viz. That neither Kingdom be burdened with the Debts contracted, or to be contracted by the other before the Union, it being the ſame in terminis with the 5th Propoſition delivered by your Lordſhips on the 9th December; the Ob⯑ſervation made then may ſuffice for a Reply to it now, viz. That tho the Debts of England have been contracted by a long War, entred into more particularly for the Preſervation of England, and the Dominions thereto belonging, yet Scotland has had its Share in the Benefits which [127] have accrued to Great-Britain in general from the Oppoſition that has been made to the Growth and Power of France, and have encreaſed the Number of their Seamen conſiderably, by the Imployment they had in the Coaſt-Trade of England during the War. But as it is neceſſary they ſhould be under equal Impoſitions with regard to the Ballance of Trade, and Manufactories when the Kingdoms ſhall be united, and a free Com⯑munication of Native Product ſettled, ſo it may be reaſonable that the Money ſo raiſed upon that part which is now called Scotland, ſhould be applyed to the Security and Protection of Scotland, and the Trade thereof; nor does it follow, That becauſe the Duties now raiſed on particular Funds in England are appropriate for payment of Debts; That therefore when the like Duties are laid on in Scotland, they muſt be applyed in the ſame manner, but for their Lordſhips to propoſe that there be no other Duty in Scotland than theſe now on Foot there, till the Debts in England con⯑tracted, or to be contracted before the Union be fully ſatisfied and paid, ſetts the preſent Trade on an equal Foot, (which is intended by an equality of Impoſitions) at ſuch a diſtance, as gives little hopes to any now alive of coming at it, For one of the nine Pences on Beer and Ale being the Fund of the firſt Million Act, Anno 4 and 5. of the late King and Queen, was granted for 99 years; One Nine Pences more (which is the Fund of the Lottery) for about eight years yet to come; One nine Pence more (which is the Bank-Fund) Inheritance to the Crown, as are alſo the ſeveral Duties upon Salt, and half that on Stamped Paper, tho' in theſe latter Duties there are Clauſes of Proviſion for Redemption, but whilſt it is inſiſted, That there ſhall be no other nor greater in Scotland than are already paid there, it may be preſumed that theſe already men⯑tioned, are enough to prevent the neceſſity of enquiring into the Number or Proportion of what they have in Scotland, where if by Exemption from ſuch Duties, a Clothier can ſubſiſt himſelf at 4d per diem, whereas he cannot ſubſiſt in England under 8d per diem; Then all ſuch Manufactu⯑res who ſhall go thither; will be able to underſell, and conſequently out⯑trade thoſe that ſtay in England half in half in what relates to their La⯑bour, by ſubſiſting ſo much cheaper; But the Workmanſhip of every pound of Wooll made in Cloth, advances the value of it near Nine Parts in Ten for its firſt Coſt.
  • 2. As to the ſecond Article, their Lordſhips ſay, That Duties upon the Home Conſumption require to be equally laid on all the parts of the U⯑nited Kingdoms; Nor do the Northern Counties of England pay leſs Duties of Exciſe (as ſeems here ſuggeſted) than the Mid-land, but rather more in Proportion to the value of their Counties and Commodities ex⯑ciſed.
  • 3. As to the Third Article, it is needleſs to debate upon it till the firſt be ſettled, theſe two depending the one upon the other; If indeed the Lords Commiſſioners for England ſhould think it expedient to exempt Home-Conſumption of Scotland from any new Duties for ſome reaſonable Period of Time, till that Kingdom began to reap the benefite of the free Com⯑munication of Trade intended by the Union, Then their Lordſhips will inſiſt, that ſuch Commodities as pay Duties in England may be cleared with the ſame Duties when they are exported or brought out of Scotland into England, & upon ſome other Proviſions which will be requiſite to pre⯑vent Frauds in Her Majeſties Revenues.
  • [128] 4. As to the 4th Article, The Lords Commiſſioners for England ſay, That the free Communication, eſpecially of the Foreign Trade, to which in the terms of the Preliminaries their Lordſhips have aſſented, is ſo great a Benefite to Scotland, that they did not expect an Equivalent ſhould have been mentioned, for the equality of Impoſition on Importation and Ex⯑portation; Beſides, their Lordſhips ſay, your Lordſhips have already a⯑greed upon an equality of Impoſitions as to Foreign Trade, both as to Ex⯑portation and Importation.
  • 5. As to the 5th Article, It will be impoſſible to determine this Point till their Lordſhips ſhall be informed of the value of the Lands in Scotland, and this may be further debated when their Members or Repreſentatives in the Parliament of Great-Britain ſhall be ſettled.
Appendix B.2.62.1.23 Die Mercurii 27. Januar. 1702/3.

THE Commiſſioners for the Conference having met on the 26 Inſtant, The Scots Commiſſioners thought it beſt to give Anſwers in Writ⯑ing to the Conſiderations offered by the Engliſh, which might be entred in the Books with the Conſiderations, and gave them in accordingly, which prevented the Conference, for the Engliſh deſired to conſider the Anſwers till next Meeting, which was appointed on the 28 inſtant.

Appendix B.2.62.1.24 Die Jovis 28th Januar. 1702/3.

THE Commiſſioners having met, the Lord Preſident on the part of the Lords Commiſſioners for England, offered the following Paper, as their Lordſhips Senſe of the Conference at the preceeding Meeting, which was read as follows.

The Lords Commiſſioners for England agree, that neither Kingdom ſhall be burdened with the Debts of the other, contracted before the Union, and that no Duties on Home Conſumption, or Taxes to be levyed from Scot⯑land, ſhall be applyed for payment of the Engliſh Debts; and whatever time may be fit to be allowed to Scotland to reap the benefite of the Com⯑munication of Trade, and enable them the better to pay Duties on Home Conſumption equal to England, is moſt proper to be determined in the reſpective Parliaments of both Kingdoms.

Then his Lordſhip offered on the part of the Lords Commiſſioners for England an Anſwer to the Propoſition made at the laſt Meeting by their Lordſhips of Scotland: Which was read as follows.

As to the laſt Propoſition delivered the 27th Inſtant, their Lordſhips ſay, It has been found by Experience, That two Companies exiſting to⯑gether in the ſame Kingdom, and carrying on the ſame Traffick, are de⯑ſtructive to Trade, and are therefore of Opinion, that to agree with this Propoſition, will be inconſiſtent with the Intereſt of Great-Britain.

[129] The Lords Commiſſioners for Scotland withdrew to conſider theſe Pa⯑pers, and returning to the Council Chamber, My Lord Duke of Queenſ⯑berry acquainted their Lordſhips of England, That the Lords Commiſſioners for Scotland would conſider their Lordſhips Anſwer to their Propoſi⯑tion about the Company againſt the next Meeting; That they had now prepared for their Lordſhips what they took to be their Senſe of the Pa⯑per they had received from their Lordſhips, which was read as follows.

The Lords Commiſſioners for Scotland underſtand the Paper given in by their Lordſhips in this Senſe; That neither Kingdoms ſhall be bur⯑dened with the Debts of the other contracted before the Union, and that no Duties on Home Conſumption, or Taxes to be levyed from Scotland ſhall be applyed to the payment of Engliſh Debts, and that a Time be al⯑lowed to Scotland to reap the Benefite of the Communication of Trade, be⯑fore that Kingdom become lyable to pay other or greater Duties on Home Conſumption, or Inland Taxes, than thoſe now on Foot: And that it is moſt proper to be determined by the reſpective Parliaments of both Kingdoms how long that Time of Exemption ſhall ſubſiſt: This Paper their Lordſhips of England took into Conſideration againſt next Meeting.

The Duke of Queenſberry moved, That ſince they were ſo near agree⯑ing on this Matter, which was only the firſt of the Articles offered on the 18th Inſtant, that they ſhould proceed to the Conſideration of the o⯑ther Articles.

And accordingly the 2d of the ſaid Articles was read, and the Conſi⯑deration and Anſwers relative thereto were ſpoke to by the Lords Com⯑miſſioners on both ſides; But before coming to any Reſolution, their Lordſhips adjourned to the 30th Inſtant.

Appendix B.2.62.1.25 Die Saturni 30th Januar. 1702/3.

THe Commiſſioners having met, the Lord Preſident of the Council on the part of the Lords Commiſſioners for England, acquainted their Lordſhips of Scotland, that they had drawn up an Article in reference to the matter, which had been the Subject of Conference at the two laſt Meet⯑ings, which he hoped would give their Lordſhips full Sarisfaction.

The ſaid Article was read, and the ſaids Commiſſioners for Scotland ha⯑ving withdrawn to conſider the ſame, and returning to the Council-Chamber, My Lord Duke of Queenſberry acquainted their Lordſhips of England, That the Lords Commiſſioners for Scotland had agreed to the Article as given in by their Lordſhips, underſtanding their Lordſhips Senſe of the laſt Clauſe to be ſuch, as that it relates to the Length of the Time to be allowed to Scotland.

Ordered, That the ſaid Article be inſert in the Journals of this Day, as agreed on between the Lords Commiſſioners of both Kingdoms.

Agreed by the ſaid Commiſſioners of both Kingdoms, That neither Kingdom ſhall be burdened with the Debts of the other contracted before [130] the Union, and that no Duties on Home Conſumption, or Taxes to be levied from Scotland, ſhall be applyed to the Payment of Engliſh Debts. And that ſome time is to be allowed to Scotland to reap the Benefite of the Communication of Trade, and enable them the better to pay Duties on Home Conſumption equal to England, but that it is moſt proper to be determined in the reſpective Parliaments of both Kingdoms.

Ordered, That the Journals of what has been tranſacted hitherto be made ready by the Secretaries, to be read over at the general Meeting, appointed to be on Monday the firſt of February.

Appendix B.2.62.1.26 Die Lunae 1ſt. Febr. 1702/3.

THE Lords Commiſſioners having met, The L. Duke of Queenſberry moved on the part of the Lords Commiſſioners for Scotland; That the firſt of the Propoſals offered on the 18th of January being adjuſted, they ſhould pro⯑ceed to the Conſideration of the other Articles, whereupon the ſecond and ſubſequent Articles were read ſeverally, and ſpoke to by the Lords Commiſſioners on both Sides, but their Lordſhips came to no Reſolution on any of theſe Articles.

The Duke of Queenſberry acquainted the Lords Commiſſioners for En⯑gland, that their Lordſhips of Scotland having conſidered their Lordſhips Anſwer to their Propoſition of the 27th of January, about the Company Trading to Africa and the Indies; They did offer to their Lordſhips the following Paper, which was read, and taken into Conſideration by the Lords Commiſſioners for England, and is as follows.

By the Lords Commiſſioners for Scotland.
  • THeir Lordſhips do ſtill inſiſt for Preſerving and Securing the Privi⯑leges of the Scots Company trading to Africa and the Indies, Becauſe the Undertakers did on the publick Faith of the Kingdom, advance a Stock of 200000 lib. or thereby; And it is not unknown to your Lordſhips, what part the Generality of the Kingdom, and alſo the Parliament of Scotland did take in the Diſcouragements and Diſappointments the ſaid Company did receive, as is fully expreſſed in the Addreſs of the Parlia⯑ment to the late King.
  • 2. Their Lordſhips conceive, That the Privileges of the Scots Company may conſiſt with the Engliſh Eaſt India Company, or any other Engliſh Company which are circumſcribed to the preſent Limits of England; And it is not propoſed that the Privileges of the Scots Company ſhould be ex⯑tended beyond the Bounds of Scotland, ſo the ſeveral Companies do not interfere.
  • 3. If the exiſting of Companies for carrying on the ſame Traffick, do appear to your Lordſhips deſtructive of Trade: It is not expected that your Lordſhips will inſiſt, that therefore the Privileges of the Scots Com⯑pany ſhould be abandon'd, without offering at the ſame time to purchaſe their Right at the publick Expence.

And then they adjourned to Wedneſday the 3d Inſtant.

Appendix B.2.62.1.27 Die Mercurii 3d. Februar. 1702/3.
[131]

THE Commiſſioners having met, and there being a Letter from the Queen to Adjourn their Meeting,

In the Name of the Commiſſioners for England ſaid; That ſince Her Majeſty is pleaſed to adjourn our Meeting, there are ſomething ſo eſſen⯑tially neceſſary to compleat the Union of the two Kingdoms, that we think our ſelves obliged to mention them before we part: That on both ſides we may come the better prepared to ſettle them at our next Meeting, particularly the Conſtitution of the Parliament, the Affairs of the Church, and the Municipal Laws and Judicatories of Scotland, for the Securitie of the Properties of the Subjects of that Kingdom.

And then the Queen's Letter adjourning them to the 4th of October next was read, as follows.

Appendix B.2.62.1.27.1
A. R.

RIght Truſtie, and right intirely beloved Couſins and Counſellors, Right Truſtie and right well beloved Couſins and Counſellors, Right Truſtie and well beloved Counſellors, and Truſtie and well beloved; We Greet you well: We are extreamly pleaſed with the Accounts We have received from time to time in your Proceedings of the Treaty of Union between Our two Kingdoms; and tho there be ſome very Important Matters ſtill remaining to be adjuſted (the Conſi⯑deration whereof may require more Time than Our other weighty Affairs will now allow) yet the great Progreſs you have already made beyond what has been done in any former Treaties, gives Us good Hopes, that at your next Meeting, this will be brought by your good Endeavours to to an happy Concluſion to the end thereof, that ye may duly conſider by your ſelves all ſuch other things as may be neceſſary to compleat the Union; And that ye may attend upon your other Affairs in your reſpec⯑tive Stations, where Our Service requires you; We have thought ſit to Adjourn, and accordingly do Adjourn your Meeting on this Treaty un⯑to Monday the Fourth Day of October next. Given at Our Court at St. James's the 3d Day of Februar. 170 [...].

To the Commiſſioners Appointed for Treating of an Union between Our two Kingdoms.
FINIS.
Notes
a
By Tradeſmen in Scotland is underſtood none but the meaner ſort of People, ſuch as Shoemakers, Smiths, Butchers, Weavers, and the like, as in England are called Handycrafts, the Shop-Keepers, ſuch as Mercers, Drapers, Grocers, &c. are all called Merchants.
b
A Chamber in the Tolbooth, where the Magiſtrates ſit, and where the City Council aſſembles, and where the Provoſt generally is eve⯑ry Morning.
a
Robert Scot Deacon of the Taylors, (left blank) Stevenſon Dea⯑con of the Shoemakers, John Bowman Dean of Guild, and John Ha⯑milton Gentleman, were the Four that went up to the Parliament with the Addreſs.
a
It was Baillie Hamilton.
b
The Fellows Name was Parker, a Looſe, Vagabond, Profligate Fellow, of a very ill Character, a Spinner of Tobacco by Imployment, but a very Scandalous Perſon.
c
This is called there a Bond of Preſentation, and is all one with a ſimple Recognizance without Bail.
d
The common Name for an Ale Houſe, or Inn, in that Country.
e
The Town Houſe, in which is their Offices, and alſo the Priſon for the City; It is generally like the Guild Hall of a City, or the Town Houſe in England, ſaving that the Priſon is generally in the ſame Houſe in Scotland.
a
The uſual Place for the Guard of the Town is in the Trone-Gate Street.
b
In the Tolbooth one Pair of Stairs high.
c
The Stone Steps on the Out ſide where the Iron Rails are, and where the Officers ſtand to read Proclamations or any Publick Acts.
d
The new Buildings at the Croſs have ſmall Piazzas of Stone on both Sides, under which the Shops are, and the People may walk in wet Weather.
e
Cloſſes are the ſame with By-Lanes or Alleys.
f
There are but four principal Streets which all meet at the Croſs, and lead to the four Gates of the City.
(a)
The Head of the Stone Stair on the Out-ſide of the Tolbooth juſt fronting the Croſs, the ſame mentioned before where the Centinel ſtood.
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