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 THE 
 
 HISTORY 
 
 OP THE 
 
 U N ION 
 
 BETWEEN 
 
 England and Scotland^ 
 
 WITH 
 
 A COLLECTION op ORIGINAL PAPERS RELATING THERETO. 
 
 By DANIEL DE FOE. 
 
 WITH 
 
 An INTRODUCTION, 
 
 !N WHICH THE CONSEQUENCES AND PROBABILITY OF A LIKE UNION BETWEEN THIS COUNTRY 
 
 AND IRELAND ARE CONSIDERED. 
 
 To which is prefixcdj 
 
 A LIFE OF DANIEL DE FOE, 
 
 By GEORGE CHALMERS, F. R. S. S. A 
 
 LONDON: 
 
 PRINTED FOR JOHN STOCKDALE, PICCADILLY, 
 
 1786.
 
 ■■} 
 
 ^ 
 
 Jo 
 
 THE 
 
 LIFE of De F O E. 
 
 I 
 
 T is lamented by thofe who labour the fields of Britifli biography, that after 
 being entangled in briars they are too often rewarded with the Icanry produds of 
 barrennefs. The lives of literary men are generally pafTed in the obfcurities of 
 the clofer, which conceal even from friendly inquiries the artifices of fiudy, where- 
 by each may have rifen to eminence. And during the fame moment that the dili- 
 gent biographer fets out to alk for information, with regard to the modes of 
 life, or peculiarity of charadler belonging to writers who have amufcd, or in- 
 
 r> flrufted their country, the houfe-kceper, the daughter, or grand-child, that 
 
 \ knew family traditions, drop into the grave. 
 
 \ !![' Thefe refiedtions naturally arofe from my inquiries into the life of the Author 
 of The History of the Union of Great Britain. Whether he was born on 
 the neighbouring continent, or in this iQand, in London, or the country, is 
 equally uncertain. And whether his name was Foy, or De Foe, is fomewhaC 
 
 i'^ doubtful. Like Swift, he had perhaps reafons for concealing what would have 
 
 ^ added little to his confcqucnce. And, as of B'-uler, nothing more can be cer- 
 tainly told in this refpefl, than that, in whatever opulence he may have lived, 
 he left little behind him. 
 
 If however we may credit the Gazette, Daniel Foe, or De Foe, as he is faid 
 by his enemies to have called himfelf, that he might not be thought an Englilh- 
 man, was boin in London *, about the year 1663. His family were probably 
 dilTtnters-[-, among whom he received no unlettered education ; at leaft it is plain. 
 
 * It is at length difcovfred, by fearchiiig T/jc Chamberlairi's books, that oui" Author was the fon 
 of James Foe, of the parifii of Cripplegate, London, Citizca and Butcher; who was hirafelf the 
 fon of Daniel Foe, of Elton, in the county of Northampton, Yeoman. Daniel Foe, the fon of 
 James, who obtained his freedom by ferving his apprenticediip with John Levit, Citizen and 
 Butcher, was admitted to his Frc-cdom by birth, on the 25:h of January, 1687-8. 
 
 ■f In his Preface to " il/jiv Reformation,'" De Foe complains. That fome diflenters had re- 
 proached him, ai if he had faid, " chat the gallows and the gallies ought to be the penalty of going 
 to the conventicle ; forgetting, that I mufl dcfign tohai-c my father, my ivife,Jix innocent children, and 
 niyfef, put into the fame condition." To fuch diflenters, I can only regret, fays he, "Thatwhea 
 I had drawn the piiJlure, 1 did not, like the Dutchman with bis man and bear, write under them, 
 —This ii the man; and this is the bear." De Fes expiefdy admit-, that he was A dissenter, 
 \.\iO\3^ no independent, ffth monarchy ?ian, cr leveller. [De F, Works, edit. 1703. P- 3^^ — '448.] 
 
 B from
 
 11 
 
 THE LIFE 
 
 from his various writings, thac he was a zealous defender of their principle?, and 
 a ftrenuous fupporter of their policies, before the h'oerality of our rulers ia 
 church and ftate had freed this conduft from danger. He merits the praife due 
 to fincerity in his manner of thinl<ing, as well as to uniformity in his habits of 
 afting, whatever obloquy may have been caft on his name, by attributing writ- 
 ings to him, which he was ftudious to dilavow. 
 
 Wherever our Author was educated, he wrote, when he was not yet twenty, a 
 pamphlet in 16S3, againft a very prevailing fentiment in favour of the Turk% 
 but in oppofujon to the Houfe of Auftria : and before he' was three-and-twenty 
 he appeared in arms for the Duke of Monmouth. Of this exploit he boafts in, 
 his latter years, when it was no longer dangerous to avow his participation in 
 this imprudent enterprife, with greater men of fimil.ir principles. 
 
 Having efcapsd from the dangers of battle, and from the fangs of JePeries, 
 he found fecurity in the more gainful purfuits of peace. Yer, he was prompted 
 by his zeal to mingle in the controverfies of the reign of James II. whom he 
 boldly oppofed, by warning the diflcnters of the fecret danger of the infidious 
 toleration, which was offered by that monarch's bigotry. 
 
 When our Author republifhed his writings, he did not think proper to pre- 
 ferve his traft againft the Turks any more than his pamphlet againft the King. 
 From 1685 to 1695, he aded as a hofe fafbor in Freeman's Yard, Cornhill : 
 "but the hoHer and the poet are very irreconcileable charafters. With the ufual 
 imprudence of fuperior genius, he was carried by his vivacity into companies, 
 ■who were gratified by his wit. He fpent thofe hours in the hilarity of the 
 tavern, which he ought to have employed in the calculations of the counting- 
 houfe : and being obliged to abfcond from his creditors, in 1694, he attributed 
 thofe misfortunes to the war, which were doubtlefs owing to his own mifcon- 
 tludl. He afterwards carried on the brick and pan-tile works near Tilbury Fort; 
 though probably with no fuccefs. He was in after-times w-ittily reproached, 
 that he did not, like the EgypticnSy require bricks iviihout Jlraio, but, like the 
 Jews, required bricks without paying bis labourers. He was born for other enter- 
 prizes, which, if they did not gain him wealth, have conferred a renown, that 
 will dcfccnd the current of time with the language wherein his works are 
 written. 
 
 While he was yet under thirty, and had mortified no great man by his fatire, 
 or offended any party by his pamphlets, he had acquired friends by his powers 
 of pieafing, who did not, with the ufual inftability of friendlhips, defcrt him 
 amidfl his diftreflcs. They offered to fettle him as a faftor at Cadiz, where he 
 had had fome previous correfpondence. In this fituation he might have pro- 
 cured bufincfs by his attention, and accumulated wealth without a rifque: 
 but, as he alTurcs us in his old-age, Providince, which had other lucrk for him to 
 do, pLicid a fecret avcrfion in his mind to quitting England. He had confidence 
 
 enough
 
 OF De F O E. iU 
 
 enough in his own talents to think, that on this field he could gather laurels, 
 or at leaft gain a livelihood. 
 
 In 2iprcje£itng age^ as our Author denominates the reign of King William, he 
 was himfelf a projedor. While he was yet young, De Foe was prompted by 
 a vigorous mind to think of many fchemes, and to offer what was moft pleafing 
 to the ruling powers, ways mid means for carrying on the war. He wrote, as he 
 fays, many Jheets about the coin ; he propofed a regifter for fcamen, long before 
 the a£i of Parliament was thought of; he projefted county banks d^nA factories 
 for goods; he mentioned a. prop of al for a commiffion of inquiries into bankrupts 
 eflates ; he contrived a perfion office for the relief of the poor. It is aKvays 
 curious to trace a thought, in order to fee where ic firft originated, and how 
 it was afterwards expanded. Projeilors, fays our Author, are to be generally 
 taken with an allowance of one half at leajt. However his propofals were taken, 
 certain it is, that when he ceafed to be a hofier, he was, without folicitation, 
 appointed accountant to the commiflloners for managing the duties on glafs. 
 
 It is an obfervation of experience, how impoffible It is to propofe a tax 
 that has not been offered before. In the prefent moment, one of the ways and 
 means of De Foe is furely remarkable : ' — " Land and trade"*, fays he, " have 
 been handled rougl.ly enough. The retailefs are the men who feem to call on 
 us to be taxed ; if not by their own extraordinary good circumftances, though 
 that might bear it, yet, by the contrary in all other degrees in the kingdom. 
 Befides, the retailers are the men, who could pay it with leaft damage ; be- 
 caufe it is in their povveV to levy ic again upon their cuftomers in the prices Of 
 their goods ; and is no more than paying a higher rent for their iTiops." Thus, 
 as a place-man, thought our Author. It was referved for the iron age of 
 finance to fee his pro.'pofal adopted, after various attempts and rejedions, by a 
 neceflity, which, when real, juftifies the meafure that cannot be avoided. 
 
 From projeifls of ways and means, De Foe's ardour foon carried him into the 
 thorny ways of faiiric poetry ; and his mule produced, in 1701, 'The True-born 
 EngUfhman. Of the origin of this fatire, which was the future caufe of fome 
 good fortune, but of many difafters, he gives himfelf the following account : — 
 " During this time came out an abhorred pamphlet, in very ill verfe, written 
 by one Mr. Tutchen, and called The Foreigners : in which the Author, who 
 he was 1 then knew not, fell perfonally upon the King, then upon the Dutch 
 nation, and, after having reproached his Majefly with crimes that his worft 
 enemies could not think of without horror, he fums up all in the odious name 
 of FoRtiGNER. This filled me with a kind cf rage againft the book, and 
 give birch to a trifle, which I never could hope Ihould have met ^ with io 
 general an acceptation.'' The fale v/as prodigi'-us, and probably unexampled j 
 as Sacheverel's Trial had not yet appeared. He who is curious to fee a fpe- 
 
 * Eir.iy on Piojtfls, in i;o2, wbich had been wiitten feveral years before. 
 
 B a cimen
 
 iv THE LIFE 
 
 cirrien of a Atire, which then fo much attracted the attention of the Englifh 
 ■world, may be gratified by the following paflage, wherein he endeavours thus 
 
 vo account for — 
 
 " What makes this difcontented land appear 
 Lefs happy now in times of peace, than war ; 
 Why civil feuds difturb the nation more. 
 Than all our bloody wars had done before : 
 Fools out of favour grudge at knaves in place. 
 And men are always honett in difgrace: 
 The court preferments make men knaves in courfe. 
 But they, who would be in them, would be worfe. 
 'Tis not at forcrigners that we repine. 
 Would foreigners their perquifites refign : 
 The grand contention's plainly to be feen. 
 To get fome men put out, and fome put in." 
 
 Our Author's moral is, however, fomething better : — 
 
 *' Tlien let us boaft of anceflors no more. 
 Or deeds of heroes done in days of yore : 
 For fame of families is all a cheat, 
 'lis perfonal virtue only makes us great." 
 
 For this defence of King William and the Dutch, De Foe was amply re- 
 warded, " How this poem was the occafion," fays he, " of my being known 
 to his Majefty ; how I was afterwards received by him ; how employed ; and 
 how, above my capacity of deferving, rewarded, is no pan of the prefent cafe." 
 Of the particulars, which the Author thus declined to tell, nothing now can be 
 told. It is only certain, that for the royal favours De Foe was always grate- 
 ful. 
 
 When " the pen and ink war was raifed againfl: a (landing army," fubftquent 
 to the peace of Ryfwick, our Author publiflied An Argument to prove that 
 a ftandlng army, with confcnt of Parliament, is not inconfiftent with a free go- 
 vernment. " Liberty and property," fays he, " arc the glorious attributes of 
 the Englifh nation-, and the dearer they are to us, the lefs danger v/e are in of 
 loHng them : but I could never yet fee it proved, that the danger of lofing 
 them by a fmall army was foch, a? we fliould expofe ourfclvts to all the world 
 for it. Some people talk fo big of our llrengrh, that they think England able 
 to defend itfelf againft all the world. How thefe gentlemen will do that with 
 our militia, 1 fli >ul i be glad to fie prop^ifed. It is not the King of England 
 alone, but the Avord of England in liie hand of the King, that gives laws of 
 peace and war now to Europe : and thofc who would thus wrcfl: the fvvord ouc
 
 O F De F O E. r 
 
 of his hand in time of peace, bid the fairell of all men In the world to renew 
 the war." Our Author brings the qiu-nion to a narrow compafs : " Firft, I 
 didinguifh between a great army and a f.-nall anr.y : fv-condly, I diftingDidi 
 between an army kept on foot without the confent of Parliament, and an army 
 with confent of Parliament." He, who is defirous of reading this treatift; on an 
 interefting topic, will meet with great ftrength of argumenr, conveyed in very 
 elegant language. 
 
 When the nation flamed with fadion, and the men of Kent defired TbeCttn- 
 mons " to mind the public more, and their private heats kfs De Foe publifhed, 
 in 1 701, 'The Original Power of the cclletUvc Body of the People of E;gland ex^ 
 amincd and ajferied, Tiiis tinif-fal treatife he dedicated to King William, in a 
 dignified lliain of nervous eloqut-nre. " It is nut the leaft of the extraordi- 
 naries of your Majcfty's charader," fays he, " that, us you are King of your 
 people, fo you are the people's King. This tide, as it is the mofl glorious, lb 
 is It the-moft indifputabie in the world," To the L :rds and Commons he ad- 
 dreflls himfelf in a fimilar tone: The vindication of the original right of all 
 men to the govenmient of themR-lvts, he tells them, is fo far from being a 
 derogation from, that it is a confirmation of your legal authority. And he con- 
 cludes by dechnng his intention is neither for, nor againft either perfon or party: 
 *' As there is but one intereft in the nation," fays he, " I wiih there were but 
 one party, and that party would adhere to unbiafled juftice, and purfue the ho- 
 nour and intereft of England." Every lover of liberty muft be pleafed with 
 the perufal of a treatife, which vies with Mr. Locke's famous trad in powers 
 of reafoning, and is fuperior to it in fuavity of ftyle. 
 
 At a time when " union and charity, the one relating to our civil, and the 
 other to our religious concerns, were ftrangers in the land," Dc Foe publilhed, 
 in 1 70 1, 7he Freeholders Pica againjl Stockjobbing EU£Jions of Parliament Men^ 
 This is certainly a very perfuafive performance, though, doubtlels, many voters 
 were then influenced by arguments dill more perfuafive. " It is very rational 
 to fuppoff," fays our Author, " that they -who will buy will fell -, or, what feems. 
 more rational, they who have bought mufl ftU. For this feems to be a plain con- 
 fequencCj That he who makes ufe of any clandeftine method to get into the Houfe 
 cf Commons, nniSi have June clandelfine defigns to carry on when he is there" After 
 all, he concludes, that whoever foment the divifions of the nation, put their 
 hands to the nation's ruin : and he therefore recommends it to every honeft 
 Englifli man to ftudy peace, and to purfue it by all proper methods, as nothing, 
 can make us formidable to our neighbours, and maintain the reputation of our 
 nation, but union among ourfelves» 
 
 How murh foever King WiDiara may liave been pleafed vvith The True-born 
 Englifhmav, he was moft probably little gratified by our Author's Reafons againft 
 « War with France. This argunaent, Jloswing that the French King's owning 
 
 tk?
 
 M 
 
 THE LIFE 
 
 (be Prince cf Wales as King of England is no fufficient ground cf a war^ is one of 
 the finert, becaufe it is one of the mod ufcful, tiaCts in the Englifh language. 
 Afier remarking the univerfal cry t<f the people for war, our Author declares he 
 is not againft war with France, provided-it be on juftifiable grounds ; but, he 
 hones, Ensland will never be fo inconfiderable a nauon, as to make ufe of 
 
 I'D 
 
 dilboneft pretences to bring to pafs any of her defigns : and he wiflies, that 
 he-, who defires we fhould end the vjnr honourably, ought lO defirc alfo, that we begin 
 it fairly. — " Natural antipathies", continues he, " arc no jult grounds of a 
 war between nations : nor popular opinions. Nor is every invalion of right a 
 good realon for a war; at leaft till redrefs has been demanded in a peaceable 
 way. If a war be neceflary, it is juft; and if fo, why IhiAild we be afraid of 
 it. If it be not fo, we ought not to make conftruflive breaches, and perfonal 
 affronts, the pretence of it. The French are not fo inconfiderable in power, 
 that we lliould be fond of a war without reafon ; nor we fo inconfiderable, as 
 we need be afraid of an honourable war. A war, which muft coft the blood 
 of our countrymen, and the treafure of the inhabitants, is not a thing of fo 
 little confequence, as may be undertaken upon flight occafions ; nor yet of 
 fo great confequence, that we fhould be afraid to enter upon it with juft 
 rcafons. But if we muft have a war", our Author hoped, " it might be wholly 
 on the defenfive in Flaiiders, in order to carry on hofti'ities in remote places, 
 where the damage may be greater, by wounding the Spaniard in forfie weaker 
 and more fenfible part ; fo as upon a peace he fhall be glad to quit Flanders 
 for an equivalent". Who at prefmt does not wifli, that De Foe's able argu- 
 ment had been more ftudiouHy read, and more efiicacioufly admitted. 
 
 A fcene of forrow foon after opened, which probably embittered our Author's 
 future life. The death of King William deprived him of a protecflor, who, as 
 he flattered himfelf amidfl his Lter diftreffes, would never have fuffcred him to be 
 treated as he had been in the world. Of that monarch's mem-jry, he fays, that 
 he never patiently heard it abufed, nor ever could do fo \ and in this gratitude 
 to a royal benetaclor there is furcly much to praife and nothing to blame. 
 
 Ill the midfl of that furious conteft of party, civil and religious, which enfued 
 on the acccfiiun of Qiieen Anne, our Author was no unconcerned fpeiflator. 
 He rcpublifhcd his Enquiry into the Occofional Conf(.rmily of Diffenters, which 
 had been publifl-.ed without tfledt three years before. He reprobates, with the 
 unfoibcaranceofthetin-.es, " this fall and loofe game of religion ;" for which 
 lie had never met witli any confiderableexcuie bur this, *' that this is no confor- 
 uiity in point of religion, but done as a civil adioji." He foon after publi{hed 
 anoihir Enqu'ry, in order to fliew, that the dijjuuets are no -ways concerned in occa- 
 ficnal anjormity. The controvcrly, whicli in tlrjfc days occafioncd fuch veliement 
 contelb. between (he two Houfes of Parliament, is probably filtnced for ever ; 
 but Dc Foe opens thii tradl with a fentiment which ought never to be forgoittn: 
 
 " Hf,
 
 OF De F O E. 
 
 VII 
 
 *• He, that oppofes his own judgment agninfl the current of the times, ought to be 
 backed wich unanfwerable truths; and he, that has that truth on his fide, is a 
 fool, as well as a co-vard, if he is afraid to own ir, becaufc of the multitude of 
 other men's opinions. 'Tis hard for a man to fay, all the world is milUl;en but 
 bimfelf ; but if it be fo, who can help it ? " 
 
 " During the firft fury of high-flying," fays he, " I fell a facrifice for writinn; 
 againft the madnefs of that high party and in the'fervicc of the dilTcnters." He 
 alludes here to Thejhortejt IVay with the Dijfenlers ; wh:ch he pubhfhcd towards 
 the end of the year 1702 -, and v^hich is a piece of exquifite irony, though there 
 are certainly p3ffdi>es in it, that might have {litwn conliderate men, how niuch 
 the Author had been in jelh He complains how hard it was, that this Jhould not 
 have been perceived by all the town, and that not one mrji can fee it, cither church- 
 man cr d^ffenier. This is, one of the ftrongeft proofs, how much the minds of 
 men were inflamed agiinrt: each other, and how litde the virtues of mutual for- 
 bearance and perfonai kindnefs cxifted amid the clamour of contridiclion, which 
 then ihook the kingdom, and gave rife to fomeof the moft retnaikable events in 
 our annals. 
 
 During the previous twenty years of his life, De Foe had bufied himfelf uncon- 
 fcioufiy in charging a mine, which now blew himfelf and family into air. He 
 had fought for Monmouth; he had oppcied King J.)rncs ; he had vindicated 
 The Revolution \ he hid panegyrized King William ; he had defended the rights 
 of the colledive body of the people •, he had difplcafed the I'reafurer and the 
 General, by objefting to the Flanders war ; he had bantered Sir Edward Sey- 
 mour and Sir Chriitopher Mofgrave, the Tory-leaders of the Commons ; he 
 had juft ridiculed all the high-flyers in tlieking'om: and he was obliged to 
 feek for flieker from the indignation of pcrfons and parties, thus overpowering; 
 and refiftlefs. 
 
 A proclamation was iflfued, in January, 1)02-3*, offering a reward of fifty 
 pounds for difcovering his retreat. He was defcribed -j- by the Gazette — " as a 
 middle-fized fpare man, about forty years old, of a brown complexion and dark- 
 
 * He who is defirous of reading the proclamation, may be gratified by the following copy: 
 
 St, James's, Jan. lo, 170^-3. 
 
 Whereas Daniel De Foe, alia: De Fooe, is charged with writing a fcandalous and feditious pam- 
 phlet, entitled, " The fhorteft Way with the Diffenters ;" he is a middle-fized fpare inan, about 
 40 years old, of a brown complexion, and d^ik-b.own coloured hair, but wears a wig, a honked 
 nofe, a lliarp chin, grey eyes," and a large mold near his mouth, w.ts born in London, and for many 
 ycais was a hofeifaflor, in Freeman's-yard, in Cornhilt, and now is owner of the brick and pantile 
 vvoiks ne.ir Tilbury Fort, in Efltx : whoever ilial! difcover the faid Daniel De Foe, to one of her 
 Majelly's Principal Secretaries of State, or any of hsi Majeil/'s Jui'tices of Peace, fo as he may be 
 apprehended, fhall have a reward of j^.50, which her Majefty has ordered immediately to be paiii 
 vpon fuch difcoveiy. Lond. Gaz. No. 3?79. 
 
 •^ We may prefutne, that when the pldure of De Foe was d awn, from which the print annexed 
 to THIS wo»K was Cflg^raved, he had growu with years bulkier ia his perfoDjSnd fuller in the face-. 
 
 brown
 
 VUl 
 
 THE LIFE 
 
 brown hair, though he wears a wig, having a hook nofe, a fliarp chin, grey 
 eyes, and a large mole near his mouch." 
 
 Hefoon pub!i(hed Jn Explanation ; though he «* wonders to find there fhould 
 be any occafion for it." " But fmce ignorance," fays he, " has led moft men 
 to a cenfure of the book, and fome people are like to come under the dif- 
 pleafure of the Government for it ; in jurtice to thofe who are in danger to 
 fuffer by it ; in fubmiffion to the Parliament and Council who may be offended 
 at it ; and courtefie to all miftaken people, who, it feems, have not penetrated 
 into the real defign -, the Author prefents the world with the genuine meaning 
 of the paper, which he hopes may allay the anger of Government, or at lead 
 fatisfy the minds of fuch as imagine a defign to inflame and divide us :" and 
 protefting the honefty of his purpofe, he refolved, if the people now in trouble 
 micrht be excufed, to throw himfelf upon the favour of Government, rather than 
 others fliould be ruined for his miftakes. Neither his fubmiffivenefs to the 
 ruling powers, nor his generofity with regard to his printers, was a fufficient 
 ftield from the refentment of his enemies. He was found guilty of a libel, 
 fentenced to the pillory, and adjudged to be fined and imprifoned. 
 
 When by thefe means, immured m Newgate, our author confoled himfelf with 
 the animating refledion, that having meant well he unjuftly fuffered. He had 
 a mind too adtive to be idle in the f jlitude of a prifon, which is feldom invaded 
 by vifitors. And he wrote a hymn to the pillory, that — 
 
 Hieroglyphick ftate machin. 
 
 Contrived to punifli fancy in. 
 In this ode the reader will find faiire, pointed by his fuffcrings, generous fenti- 
 ments, arifing from his fituation, and an unexpeded flow of eafy verfe. For 
 example : 
 
 The firft intent of laws 
 
 Was to correal the efFeft, and check the caufe ; 
 
 And all the ends of punifhment 
 
 Were only future mifchiefs to prevent : 
 
 But judice is inverted, when 
 
 Thofe engines of the law, 
 
 Inftead of pinching vicious men. 
 
 Keep honed ones in awe; 
 
 Tliy bufinefs i?, as all men know, 
 
 To punifli villains, not to make men ^o. 
 He employed this involuntary Icifure in correcting for the prefs a colleftion 
 of his writings, which, wiih Jeveral things he had no hand in, had been already 
 printed by a piratical printer. He thouglu it a moft unaccountable boKlnef, in 
 him to print tiiat particular bjok called The portejl IFay with the DiJJ'entas, 
 while he lay under ihe public rtfchtment for the fame fa£l. *' And tliough," 
 
 con-
 
 OF De F O E. 
 
 ]X 
 
 continued he, " the Government indeed may punifh one criminal, and let another 
 go free ; yet, it fecms a little hard, that 1 (hould fiiffcr for printing a bock, 
 and another print it in the face of the Government to get money by it." In this 
 colleftion of 1703 there are one and twenty treatifes ii) poetry and profe, begin- 
 ning with Ihe True-born Engti/hman, and ending with The Shortejt Way to Peace and 
 Union. 
 
 While thus confined and thus occupied, our Author "made no reflcflionson 
 the treatment he met with froui the people he luffcred for, or how he was 
 abandoned, even in his fufFcrings, at the fame time that they acknowledged the 
 fcrvice it had been to their caufe." With all his acutcnels of underllandino- 
 and knowledge of life, De Foe did not advert, that a party never proteds the 
 perfon, who does not go all lengths with party. Addifon and Steele knew how 
 to ufe this fecret blotter. 
 
 While, as our Author tells, he lay friendlefs and diftrefled in the prifon of 
 Newgate, his family ruined, and himfdf without hopes of deliverance, a meflao-e 
 was brought him from a peifon of honour, whom till that time he had not the 
 leafl knowledge of. This was no lefs a perfon than Sir Robert flarley, the 
 Speaker of the Houfe of Commons, who was foon made Secretary of State, and 
 who afterwards became Lord Treafurer and Earl of Oxford. Harley approved 
 probably of the principles and condu(51; of De Foe, and doubtlefs forefaw, that, 
 during a fadlious age, kich a genius could be converted to many ufes. And he 
 fent a verbal mefilige to the prifoner, defiring to know what he could do fir hirn. 
 Our Author readily wrote the ftory of the blind man in the Gofpel, concluding : 
 - — Lord, that I may receive my fight. 
 
 When tht high-flyers were driven fron'i the eminence which enabled them to 
 do mifchief rather than good, Harley became Secretary of State, iniyc^. He 
 had now frequent opportunities of reprefcnting the unmerited fuffcrincrs of De 
 Foe, to the ^leen and to the Treafurer. Yet, our Author continued four months 
 longer in gaol. The Queen, however, inquired into his circumftances, and Lord 
 Godolphin fent, as he thankfully acknowledges, a confiderable fum to his wife 
 and family, and to him money to pay his fine and the expence of his difchar^e. 
 Here is the foundation, fays he, on which he built his firfl: fenfe of duty to the 
 Queen, and the indelible bond of gratitude to Wisfirji benefa£ior. Gratitude and 
 fidelity are infeparable from an honeft man. *' Let any one fay then," he aflcs, 
 " what I could have done lefs, or more, than I have done for fuch a Queen and 
 fach a benefacftor ?" All this he manfully avowed to the v/orld *, when Qiiecn 
 Anne lay lifelefs and cold as King William, his firft patron, and when Oxford, 
 in the viciffitude of party, had been perfecuted by faftion, and overpowered, 
 though not conquered, by violence. 
 
 * By his Appeal, in 17 15. 
 
 C To
 
 IE THE LIFE 
 
 To be relieved from gaol, nuifl: have been a circumilance fjfRcientiy pleafing : 
 bur, to b; employed by fuch minifters, to be approved of, and rewarded, and 
 employed again, while his old enemies the high-flyers were in difgrace, muft have 
 been extremely flattering to a mind at once ardent and grateful. That he was 
 engaged in feveral honourable, though fecret fervices, by the inrerpofit'on of his 
 firft benefaflor -, that he was fcnt abroad, and ran perfonal rifques equal to thofe 
 of a grenadier on the counterfcarp, he himfelf aflurrs us : but of the bufinefs, 
 which our Author did not think fit to explain, no knowledge can now be 
 gained from the filence of the grave. 
 
 He found leifure, however, to publifh, in 1 705, A Seeond Volume of the Writings 
 ef the Author of the 1 rue-born Englifhman. The fame reafons which formerly in- 
 duced him xo colle5l feme lo-fe pieces, held good, fays he, for proceeding to a 
 fecond volume, " that if I do not, fomebody elfe will do it for me." He laments 
 the fcandalous liberty of the prefs ; whereby piratic printers deprive an author 
 of the native produfl of his own thought, and the purity of his own flyle. It 
 was in vain, he declared, to exclaim at the villainy of thefc pradtice?, while no 
 law is left to punifh them. The prefs, faid he, is in a ftreight between two 
 mifciniefs : ift. The tyranny of a licenfer, which has been in all ages a method, 
 fo ill, fo arbitrary, and fo fubjeded to bribery and parties, that it amounts to 
 (hutting up the prefs to one fide, and opening it to the other; adly, The unbridled 
 liberty of invading each other's property ; which is the evil the prefs now cries 
 for help in. As a remedy for all thefe, our Author propoftd, i!l. That every 
 author let his name to what he writes, or that every printer or publifhtr 
 be deemed the author ; 2dly, That no man (hall print another mian's copy ; or, 
 in Englifh, that no printer or bookfeller^a// rob another man's houfe. 
 
 It is faid, though perhaps without fufRcient authority, that the vigorous 
 remonfirances of Dc Foe procured The * Ail for the encouragement of learning, by 
 vefling thj copies of printed books in the authors or their ajpgns. The vanity of 
 an Adminiftration, which affeded to patronize the learned, concurring with the 
 mutual interefl: of authors and bookfellers, produced at length this falutary law, 
 that our Author alone had called for without fuccefs. 
 
 De Fee's writings, thus colle£led into volumes, were foon a third time printed, 
 with the addition of a key. The fatirc being now pointed by the fpecification 
 of charaifters, and obfcurities being illuminated by the annexation of circum- 
 flances, a numerous clafs of readers were induced, by their zeal of party, or 
 defire of fcandal, to lock for gratification from our Author's tradts. He is ftudi- 
 0U3 to complain. That his writings had been moji neglelied of them, -who at the 
 fame time have owned them ufeful. The fecond volume of 1705 begins with A 
 new Difcovery of an old Intrigue, and ends with Royal Religion. 
 
 • 9 An. ch. 19. 
 
 This
 
 OF De F O E. 
 
 XI 
 
 This writer's fruitfulnefs produced, in 1706, 'Jure Dhino, which had been, 
 during fome time, delayed, for /ear, as he declares, of parliamentary cenfure. 
 Of this poem it cannot be faid, as of Thomfon's Liberty, that // was written 
 to prsve what no man ever denied. This fatire, fays the preface, had never been 
 publiflied, though fome of it has been a long time in being, had not the woild 
 feemed to be going mad a fccond time with the error oi' pajfive obedience, and 
 tion-rejijlance. He believes himiclf in no danger of being thought a Jacobite^ 
 whatever he was afterwards. He is rather apprehenfive, that his low-fl.ing 
 ftiould appear as if it carried him too nfcar the quagmire of republicanilni. 
 And becaufe fome men require, fays he, more explicit anfwers, I declare my 
 belief, that a monarchy, according to the prefent confticution, limited by Parlia- 
 ment, and dependent upon law, is not only the beft government in the world, 
 but alfo the beft fur this natiori in particular, mod fuitable to the genius if the 
 people, and the circumjlances of the whole body : A commonwealth can never luit 
 a nation where there is fo illuHrious a nobility and fo numereus a gentry ; whole 
 emulations, factions, and parties, are apt to be too turbulent for fuch a govern- 
 ment. 
 
 Dryden had given an example, a few years before, of argumentative poetry 
 in his Hind and Panther; by which he endeavoured to defend the tenets of the 
 Church of Rome. Our Author now reafoned in rhyme, through tizelve boc/:s, 
 in defence of every man's birth-right by nature, when all forts of liberty were run 
 down and oppofed. His purpofe is doubtlefs honefter than Dryden's ; and his 
 argument, being in fupport of the better caufe^ is perhaps fuperior in ftrength : 
 but in Ihe Jure Divino we look in vain for 
 
 The varying verfe, the full-refounding line. 
 The long majeftic march, and energy divine. 
 
 As an example, read what he fays of the foundation of authority : 
 Society to regulation tends, 
 As naturally as means purfue their ends. 
 The wit of man could never yet invent 
 A way of life without a government: 
 Subordination is the foul of law, 
 And rules of life to rules of living will draw. 
 What need had power to prefcribe the man. 
 Let him go on without it if he can. 
 
 In the publication of this poem, he was obliged to confider circumftances, 
 as there are fome truths which do not fuit all times. He fupprtfled a lecond 
 volume on the fame fuhjeft, of which he declares, in the languige of tjie 
 Apoftle in another cafe, / have many things to fay j ht you cannot bear them 
 
 C a now
 
 xii THE LIFE 
 
 now. He who reads the "Jure Bivino, will probably think, that the world fuf- 
 tained no very confiderable lofs by this previous fuppreffion. In the tranquil 
 freedom of the prefent day, when compared with the facflious turbulence of 
 the reign of Anne, we are only aftoniflied, that an author fliould have been 
 fearful of popular odium, and even of parliamentary cenfure, when writing in 
 defence of every man's birlh-rigkt. 
 
 Our Author was foon after engaged in more important, becaufe much more 
 ufeful, bufinefs. Lord Godolphin fent him to Scotland, on an errand which, as 
 he fays, was far from being unfit for a fovereign to direft, or an honeft man to 
 perform. His knowledge of commerce and revenue, his powers of infinuation, 
 and, above all, his readinefs of pen, were deemed of no fmall utility, in pro- 
 moting The Union. And we fliall find him no incondderable ador in the per- 
 formance of that greateft of all good works. He attended the committees of 
 Parliament, for whofe ufe he made feveral of the calculations * on the fubjeft of 
 trade and taxes. He complains -f-, however, that wlien afterwards fomc clamour 
 was raifed upon the inequality cf the proportions, and the contrivers began to 
 be blamed, and a little threatened a-la-mob, then it was D. F. X made it all, 
 and he was to be ftoned for it. He endeavoured to confute^ all that was pub- 
 liflied by the popular writers in Scotland againft the Union : and he had his 
 fhare of danger, and, as he fay?, he was watched by the mob, in order to know 
 where to find him; had his chamber windows infultcd -, but,, by the prudence 
 of his friends, and God's providence, he efcaped ||. In the n-iidft of this great 
 fcene of bufinefs and tumult, he coUefted the documents, which he afterwards- 
 publiflied for the inftrudion of pofterity, with regard to one of the moft difR^ 
 cult, and, at the fame time, the moft fortunate tranfadions in our annals. 
 
 How he was rewfrded for all thefc fervices, and all this rifque, he does not 
 tell ; and cannot now be eafily known. He already enjoyed an appointment,, 
 which had been formerly made in confideration of a fpecial fervice of no fmall 
 danger ; yet is there reafon to think, that he had a pen/iun rather than an office, 
 fince his name is not in the red-hook of the Qi^een -,, and he folemnly avers, in 
 his /jppeal, that he had not intereft enough with Lord Oxford to procure him 
 the arrears due to him in the time t/ the former Miniffry. This appointment, what- 
 ever it v/as, he is ftudious to tell, he originally owed to Harley : he, however,, 
 thankfully acknowledges, that Lord Godolphin continued his favour to him 
 
 * See liis Hiftory of the Union, j). 401. f Ibid. p. 379. 
 
 J Daniel Foe. He had two names through life ; and even when letters of adminiftration were 
 granted on hie perfonal eflate, fome time after his death, Dc Foe is added with an cthcrwife. Wc 
 might thence infer, that his father's name was Foe, if we had not now better evidence of the fall. 
 
 % Ibid. 221. \\ Ibid. 239. 
 
 after
 
 OF De F O E. xiil 
 
 after the unhappy breach that feparated his firft benefador from the Minifter, 
 who for three years continued in power. > 
 
 The nation, which was thus filled with combuflible matter, burfl into flame, 
 the moment of that memorable feparation, in 1707. In the midft of tliis confla- 
 gration our Author was not inatlive. He waited on Harley, after he had been 
 driven from power, who generoufly advifed him to continue his fervices to the 
 ^een, which he Juppofed would have no relation to perjonal differences among fiaief- 
 men. Godolphin received him with equal kindnefs, by faying, — I always think 
 a man honen till I find to the contrary. And if we may credit De P'oe's aflevera- 
 tions, in the prefence of thofe who could have convicted him of falfehood, he 
 for three years held nt correfpondence with his principal benefaSfor, which the great 
 man never took ill of him. 
 
 When Godolphin was in his turn expelled, our Author in the fame manner 
 waited on the ex-minifter ; who obligingly f;iid to h\m. That he had tje fame 
 good %vill, but not the fame power to afftfi him : and Godolphin told him, what 
 was of more real ufe, to zvait till he faw things fettled, and then to receive the 
 ^leen's commands from her confidential fervants. It naturally occuired to De Foe, 
 that it was his duty to go along v/ith every Miniftry, while, as he fjys, they did 
 not break in on the conftitution. And who can blame a very fubordinate 
 officer, (if indeed he held an office,) who had a wife and fix children to main- 
 tain with very fcanty means ? He was thus, fays he, caft back providentially 
 OR hia firft bcnefidlor, who laid his cafe before her Majelly, whereby he pre~ 
 ferved his intereft, without any engagement.. 
 
 De Foe now lived at Newington, in comfortable circumftances, preparing 
 fome works for the prefs, and publifliing 1 he Reviews : in this fuuation he 
 gave and received n-.any wounds, during ihs pen and ink war of that contentious^ 
 period.. And even before the memorable change of the Miniilry in 17 jo, he 
 entered into a truce of honour with Mr.. J.. Dyer, who was engaged in fimilar 
 occupations, that, however they might clafh in party, they may write without per- 
 fonal refledtions, and thus differ ftill, and yet preferve the Chrillian and the 
 gentleman*. But between profeffed controvercills fuch a treaty could only b& 
 perfevered in with Punic faith,. 
 
 Our 
 
 * The following letter to Mr. j.Dycr, in Shoe-lane, who was then employee], by theleaders- 
 of the Tories, in circulating news and infmuarions through the couir.ry. will fliew the literary 
 manners of thofe times, and convey fome anecdotes, which are no where tlfe prcferved. The 
 original letter is in the Mufeum, Harl. MSS. No. 7001. fol. 269.. 
 Mr. Dyer, 
 1 have your letter. I am rather glad to find you put it upon the tryal who was agrre.Tor, than, 
 juftify a thing wh-ch I am fuie you cannot appfove j.and in this I aiTure you \ am far f«jm in-juring, 
 you,, and refer you to the time when long fince you had wrote / imt fed from jufilce : one Sann 
 
 rjon.
 
 XIV 
 
 THE LIFE 
 
 Our Author found leifure at length to republifh, in 1712*, a Hiftory of the. 
 Union, which, as he fays, lay longer in the prefs than he expefted -, and which 
 is now publiilied a third time, when a fimilar Union has become the topic of 
 public debate and private converfation. It feems to have been little noticed when 
 it firfl; appeared : for as the preface ftates, it had many difficulties in the way ; 
 many fadions to encounter, and parties to pleafe. The fubjecH; of this work 
 is the completion of a meafure, wliich was carried into effed:, notwithftanding 
 obftrucbions apparently inl'urmountable, and tumults approaching to rebellion j 
 and which has produced the ends dtfigned, beyond expcftation, whether we 
 confider its influence on the Government, or on the happinefs of the governed. 
 The language of this narrative, if it wants the dignity of the great hiftorians 
 
 mon heing taken up for printing a lihcl, and I being then on a journey, nor the lead cliarge againft me 
 for being concerned in it by any body but your letter: — alfo many unkind perfonal reiledions on 
 me in your letter, nxibcn I 'was in Scotland, on the affair of the Union, and I aflure you ivhen my 
 paper had not in the leaft mentioned you, and thofe I refer to time and date for the proof of. 
 
 I mention this only in defence of my lafl letter, in which I faid no more of it than to let you 
 fee I did not merit fuch treatment, and could neverthelefs be content to render any fervice to you, 
 tho' I thou£ht myftlf hardly ufed. 
 
 But to (late the matter fairly between you and I, a ivriting for differing intrejls, and fo poffibly 
 coming under an unavoidable neceflity of jarring in feveral cafes : I am ready to make a fair truce 
 of honour with you, (viz.) that if what either party are doing, or faying, that may clafli with the 
 party we arc for and urge us to fpeak, it (hall be done without naming either's name, and without 
 perfonal rcfleflions ; and thus we mny differ ftill, and yet pteferve both the chriflian and the gentle- 
 man. 
 
 This I think is an offer may fatisfy you. I have not been defiroiis of giving juft offence to you, 
 neither would I to any man, however I may differ from him ; and I fee no reafju why 1 (hould 
 affront a man's perfon, bccaufe I do not join with him in principle. I pleafe myfelf wiih being 
 the firfl propofer of fo fair a treaty with you, bscaufe I believe, as you cannot deny its being very 
 honourable, fo it is not lefs fo in coming fiill from me, who I believe could convince you of my 
 havinc been the firll and the moll ill treated — for further proof of which I refer you to your letters, 
 Mt the time Iiuas threatened by the Envoy of the King of Stxieden. 
 
 However, Mr. Dyer, this is a method which may end what is pad, and prevent what is future; 
 and if refufed, the future part I am fure cannot lye at my door. 
 
 As to your letter, jourpropofal is fo agreeable to me, that truly without it I could not have 
 taken the thing at all ; for it vujuld have been a trouble intoUerable both to you as well as me, to 
 take your letter cvety port, fi.'ll from you, p.nd then fend it to the pod houfe. 
 
 Your method of fending to the black box, is jud what I defigned to propofe, and Mr. Shaw 
 will doubtlefs tale it of you : if you think it needful for me to fpeak to him, it (hall be done— 
 what I want to know is only the charge, and that you will order it conllantly to be fen t, upon 
 hinting whereof I (hall fend you the names Wifliing you fuccefs in all \h\Rgi {jour opinions of 
 
 Gofonmcnt cxecptcd) lam. 
 
 Your humble fervant, 
 Newington, June 17, 1710. Dc Foe. 
 
 * The fird edition was publilhed in 1709. 
 
 of
 
 OF De F O E. xr 
 
 of the prefent diy, has greater fweetnefs; if it is not fometimes grammatical, 
 it is always precifc; and if it is thought deftdive in ftrength, it mufl be 
 allowed to poflefs in a high degree an eafy flow of entertaining periods. Con- 
 fidering tlie factioiilntfs of the age, the Author's candour is admirable. He is 
 at o.icc learned and intelligent. And the minutenefs with which he dcfcribcs 
 what he faw and heard o.i the turbulent ftage, where he afted a confpicuous 
 partj is extreaieiy interefting to us, who witli to know what aflually paflTcd, 
 however this circumftantiality may have difguftcd contemporaneous readers. 
 Hiftory is chiefly valuable, as it tranfmits a faithful copy of the manners and 
 fentimenis of every age. This narrative of De Foe is a drama, in which he 
 introduces the higheft peers and the lowtfl: peafants, fpeaking and ading, 
 according as they were each actuated by their charadteriflric pafllons-, and while 
 the man cf tafte is amufed bv his manner, the man of bufincfs may draw in- 
 ftrudlion from the documents, which are appended to the tnd^ and interfperfed in 
 every page. 
 
 From this publication, which had alone prefcrved his name, had his Crufos 
 entertained us Icfs, our Author was foon drawn to other lucubrations. To 
 efl:ablifli a peace after a glorious war, is one of the hardcfl: tan<s, which 
 can be afllgned to Britifh Minifliers, becaufe their opponents never fail to 
 turn the current of popular dilTatisfadlion on their meafures, whatever they 
 miy be. The treaty of Utrecht furniflies a memorable example of this. The 
 furious debates which enfued within the walls of Parliament and without, are 
 fufficiently remembered. About this time^ fays Boyer, in May, 1713, a paper, 
 entitled Mergator, or Commerce Retrieved, was publiflied on Tuefdays,, 
 Thurfday?, and Saturdays. This was firfl: fathered on Arthur Moore, aflifted 
 by DoiStor D' Avenant ; but the latter folemnly denied it : and it foon after 
 appeared to be the produdtion of Daniel De Foe, an ambidextrous hireling, 
 who for this dirty work received a large weekly allosvance from the Treafury» 
 That he wrote in /i^^ A/f rta/or De Foe admits ; but, he cxprefsly denies, that 
 *' he either was the Author of it, had the property of ir, the printing of it, the 
 profit of it, or had the pov/er to put any thing into it, if he would." And, 
 by his Appeal, he affirms before God and the world, " that he never had any 
 payment, or reward, for writing any part of it." Yet, that he was ready to 
 defend thofe papers of the Mercator which were really his, if men would anfwer 
 with arguments rather thanabufe; though not thofe things, which he had never 
 written, but for which he had received fuch ufage. He adds, with the noble 
 fpirit oi a true-horn Englijbman,'''' The prcfs was open to me as well as to others ; 
 and how, or when I lofl: my Englijh liberty of fpeaking my mind, I know not : 
 neither how my fpeaking my opinions, without fee or reward, could authorize 
 any one to call me villain, rafcal, traitor, and fuch opprobrious names»"
 
 m 
 
 -vi THE LIFE 
 
 Of the imputed conneaion with his firji benefaHcr, Harley, during that me- 
 morable period, our Author fpeaks with equal firmncfs at a nioment when much 
 firmnefs was nereffary. " I fjlemnly proteft," fays he, by bis Appeal, " in the pre-, 
 fence of Him who Ihall judge us all, that I have received no inftruaions, orders, 
 or direflions for writing any thing, or materials from Lord Oxford, fince Lord 
 Godolphin was Treafurer, or that I havf ever fhewn to Lord Oxford any thing I 
 had written, or printed." He challenges the world to prove the contrary, and he 
 affirms, that he always capitulated for liberty to fpeak, according to his own 
 iud^ment of things. As to confidcrationj penfion, or reward, he declares moft 
 fole'mnlv, that he had none, except his old appointment made him long before 
 by Lord Godolphin. What is extremely probable, we may eafily credit, 
 without fuch ftrong afleverations. However Lord Oxford may have been 
 gratified by the voluntary writings of De Foe, he had doubtlefs other perfons 
 who fhared his confidence, and wrote his Examiners. 
 
 But De Foe publilhed that, which, by no means, promoted Lord Oxford's 
 views and which therefore gained little of his favour. Our Author wrote 
 againft the peace of Utrecht, during the negotiation, becaufe he approved of it 
 as little as he had done the treaty at Gertruydenburgh, under very different in- 
 fluences, a few years before. The peace he was for, as he himfelf fays, was 
 fuch as fhould neither have given, the Spanifh monarchy to the Houfe of 
 Bourbon, nor to the Houfe of AuiUia-, but that this bone of contention fhould 
 have keen fo broken to piece?, as that it fiiould not have been dangerous to 
 Europe, and that England and Holland fhould have fo ftrengthened themfelves, 
 by fharing its commerce, as fliould have made them no more afraid of France, 
 or the Emptrror ; and that all that we fliould conquer in the Spanifh Weft- 
 Indies fhould be our own. But, it is equally true, he affirms, that when the 
 peace was eftablifhed, " I thought our bufinefs was to make the befl of it •, and 
 rather to inquire what itnprovements could be made of it, than to be continually 
 exclaiming againft thofe who procured it." 
 
 Unhappily for his fame, De Foe's connexions with the pillory has tranl- 
 mitted his name with no good report to poflerity. If we could divefl ourfeives 
 of hereditary prejudices, and judge of him by what he faid and did, we fliould 
 fee him rife fuperior, as a ftatefman, to the great men of both fides, who, hav- 
 ing entangled themfelves in names *, bade defiince to common fenle. Our 
 Author, as we have fcen, objefted before hollilities began to an offenfive war 
 in FlanJers; while he advifed to attack the Spaniards on their vveakefl; fide, for 
 the fake of equivalents. During the treaty he equally fuggeftcd, to break the 
 bone of contention, by giving the contefted prize to neither the one Houfe nor 
 
 • Such a', common caufe— d/AV.' — noufcof Bourbon— Don Carlos — Houfe of Auftiia — barrier 
 ia Flaiideri, and other jargon of a (Imihir found, in whkh Great Dritain had not ihc leaft intereft. 
 
 the
 
 OP De F O E. 
 
 xvu 
 
 the other; to ftrcngthcn ourfelves by commercial advantages; and above all, 
 to preferve for our own ufe whatever we might conquer in the Spanifh Welt 
 Indies. He manfully avowed his opinion, in 171 5, when it was both difgrace- 
 ful and dangerous, that the 9th article of the Treaty of Commerce was calcu- 
 lated for the advantage of our trade: " Let who will make it, that," fays he, 
 *' is nothing to me. My reafons are, becaufe it tied up the French to open the 
 door to our manufaiflures, at a certain duty of importation there; and left the 
 Parliament of Britain at liberty to fhut theirs out, by as high duties as they 
 pleafed here ; there being no limitation upon us, as to duties on French goods, 
 bur, that other nations fliould pay the fame. While the French were thus 
 bound, and the Britifh free, I always thought we muft be in a condition to trade 
 to advantage, or it muft be our own fault : this was my opinion, and is fojiili ; 
 and I would engage to maintain it againft any man, on a publick ftage, before a 
 jury of fifty merchants, and venture my lift upory the caufc, if I were aflurtd 
 of fair play in the difpute. But, that it was my opinion, we might carry on a 
 trade with France to our great advantage, and that we ought for that reafon to 
 trade vvith them*, appears in the third, fourth, fifth, and fixth volumes of The 
 Reviews, above nine years before The Alercator was thought of." 
 
 " While I fpoke of things thus," fays our Author, " I bore infinite re- 
 proaches, as the defender of the peuce, by pamphlets, which I had no hand in." 
 He appears to have been filenced by noife, obloquy, and indignation: and 
 finding himfclf in this manner treated, he declined writing at all, as he afiures 
 us ; and for great part of a year never let pen to paper, except in The Reviews. 
 " After this" continues, he, " I was a long time abfent in the north of England" 
 though, we may eafiiy infer, for a very different reafon than that ot the famous 
 retirement of Sv^ifr, upon the final breach between Oxford and Boiingbroke. 
 
 The place of his retreat is now known to have been Halifax, on the borders 
 of Lancafhire -]-. And obferving here, as he himfelf relates, the infolence of the 
 JaLobite party, and how they infinuated the Pretender's rights into the common 
 
 * The 8th article of the Commercial Treaty, which our Author here alludes to, and which was 
 then received with fo much indignation, amounted to this, and no more: That Britifli fubjefts (hall 
 enjoy in France all the commercial privileges, which the moft favoured nations enjoy ; and that 
 French fuhjefls fhall enjoy the fame in Britain. It would be affronting to the people of this 
 country, confidering their capiials, their (kill, and their induftry, to fuppofe that fuch a ftipulation 
 would not be extremely delitable with every State, hecaufe it would be the moft hencficial. The 
 defire of greater piivileges than (he vinft favoured nation, was alwa- s abfurd, and has becoine at 
 length exploded; becaul'e fuch a treaty crtatcs an interejl to prevent a fteady fulfilment ot it. 
 
 f The late Hiftory of Halifax -elates, Thit Daniel De Foe, being forced to abfcond on account 
 of his political writings, refided at H.ilifix, in the Back-lane, at the fign of the Rofe and Crown ; 
 being known to Doflor Nettleton, the phyGcian, and to the Rev. Mr. Pricjlly, miniller of a dilfent- 
 ing congregation there. Mr. Watfon is millaken when he fuppofes that De Foe wrote his Jure 
 Di'vino here, which had been publilhed previoufly, in 1706 ; though he may have (ketched, on th:« 
 eccalion, his Rcbinfon Cnifot. 
 
 people,
 
 XVIU 
 
 THE LIFE 
 
 people, " 1 fet pen to paper again, by writing A Seafonabk Caution : and to open 
 the eyes of the poor ignorant country people, I gave away this all over the king- 
 dom, as gain was not intended." With the fime laudable purpofe he wrote two 
 other pamphlets; the firft, IVkafif the Pretender JJoould come; the fecond, 
 Reafons again§l the Succejfton of the Houfe of Hanover. " Nothing could be 
 more plain," fays he, '• than that the titles of thefe were amufitnenti'^., in order 
 to put the books into ihe hands of thofe people, who had been deluded by the 
 Jacobites." Thefe petty volumes were fo much approved by the zealous friends 
 cf the Froteftant fucccffion, that they were diligent to difperfe them through 
 the moft diltant counties. And De Foe protefls, that had the ElecSlor of Hanover 
 given him a thoufand pounds, he could not have ferved him more tffcdually,, 
 than by writing thefe three treatifes. 
 
 The reader will learn with furprife and indignation, that for writing thefe 
 trafts De Foe was arretted, obliged to give eight hundred pounds bail, contrary 
 to the Bll of Rights, and proiecuted by information, during Trinity term 1713^ 
 He attributes this prof>^cution to the malice of his enemies, who were numerous 
 and powerful. No incon/iderabie people were heard to fay, that they knew the 
 books were againft the Pretender, but that De Foe had difobliged them in other 
 things, and they refolved 10 take this advantage to punifh him. This ftory is. 
 the more credible, as he had procured good evidence to ^^owt the faSfy had the 
 trial come on. He was promp'cd by confcioufnefs of innocence to difend himfdf 
 in prints pending the profecution ; which offended the judges, who feeni to 
 have been fomewhat infcded with the violent fpirit of the times. But, it was 
 happy for our author, that his fir^ benefaSlor was ftill in powrr,. who procured 
 him the Queen's pardon, in December 1713, This acl of liberal juftiee was- 
 produced by the party-vvriter£-i~ of thofe bla(.k and bitter d^ys, as an additional 
 proof of Lord Oxford's attachment to the abdicated family •, while De Foe was 
 faid to be conviifted of abfolutc Jacobitlfm, contrary to the tenor of his life, 
 and the purpofe of his writings. He himfelf faid farcaftically, that they might 
 as well have made him a Mahometan. On his tomb-ftone it might have been 
 engraved. That he was the firft Englilhrnan, who had been obliged to afk a 
 royal pardon, for writing in favour of the Hanover fuccefTion. 
 
 " No fooner was the Queen dead," fays he, " and the King, as right re- 
 quired, proclaimed, but the rage of men encreafed upon me to that degree, that 
 the threats and infults were fuch as I am unable to exprefs. Though I have 
 ■written nothing fince the Queen's death ; yet, a great many things are called 
 
 ■* The pamphlet? mentioned in tlie text, were filled with palpable banter. He recommend* 
 the rretendtr, by laying, That the Prince ivouht confer en every one the pri-vitegc of luearing '-.vooJiti 
 Jl/oeiy and at the fame time eafe the nobility and gentry of the haxaril and cxfcnct of winter journits 
 ti> Parliament. 
 
 t See Boyer's Poiiiical State, &c
 
 OF De F O E. 
 
 XIX 
 
 by my name, and I bear the anfwerers infults. I have not fecn or fpoken with 
 the Earl of Oxford," continues he, " fince the King's landing, but once; yet, 
 he bears the reproach of my writing for him, and I the rage of men for doing it." 
 He appears indeed to have been, at that noify period, flunned by factious clamour, 
 and overborne, though not fubdued, by unmerited obloquy. He probably loft 
 his original appointment, when his firll; benefador was finally expelltd. In- 
 flead of meeting with reward for his zealous fervices in fupport of the Proteftant 
 fuccefllon, he was on the acceflion of George I. difcountenanced by thofe who 
 had derived a benefit from his pen. And of Addifon, who was now exalted into 
 office, and enjoyed literary patronage, our Author had faid, in his Double WeU 
 come to the Duke of Marlborough — 
 
 Meecetias has his modern fancy ftrung. 
 
 And fixed his penfion firft, or he had never fung. 
 
 "While thus infulted by enemies, and difcountenanced by power, our Author 
 publiHied his Appeal to Honour and Jujiice, in 17 15; being a true Account of 
 his Condii3f in public Affairs. As a motive for this intrepid meafure, he afffdingiy 
 fays. That, " by the hints of mortality and the infirmities of a life of lorrow 
 and fatigue, 1 have reafon to think, that I am very near to the great ocean of 
 eternity, and the time may not be long ere I embark on the laft voyage : where- 
 fore, I think I (hould even accounts with this world before I go, that no flanders 
 may lye againft my heirs, to difturb them in the peaceable poflefilon of their 
 father's inheritance, his cliarafter." It is a 'circumftance perhaps unexampled 
 in the life of any other writer, that before he could finifh his Appeal, he was 
 ftruck with an apoplexy. After languifhing more than fix weeks, neither able 
 to goon, nor likely to recover, his friends thought fit to delay the publication no 
 longer. " It is the opinion of mofl who know him," fays Baker, the publiOier, 
 "that the treatment which he here complains of, and others of which he would have 
 fpoken, have been the caufe of this difalter." When the anient mind of De Foe 
 reflefted on what he had done, and what he had fuftered, how he iiad been 
 rewarded and perfecuted, his aged heart melted in defpair. Whoever reads 
 his Appeal will meet with paflfages of great vigour, and paragraphs of equal 
 weaknefs. His fpirit, like a candle ftruggling in the focket, blazed and funk, 
 and blazed and funk, till it difappeared at length in darknefs. 
 
 While his ftrength remained, he expoflulated with his adverfaries, in the fol- 
 lowing terms of great manlinefs, and inftruftive intelligence : — " It has been 
 the difafter of all parties in this nation, to be very hot in their turn, and as often 
 as they have been fo, I have differed with them all, and ever muft, and fhall do 
 fo. I'll repeat fome of the occafions on the Whig fide, becaufe from that quarter 
 the accufation of my turning about comes. 
 
 " Thefirfl time I had the misfortune to differ with my friends, was about the 
 year 1683, when the Turks were befieging Vienna, and the Whigs in Eilgland, 
 
 D z generjlly
 
 XX 
 
 THE LIFE 
 
 genci-jlly fcejk'.ng, were for the Turks taking it; which I, having read the 
 hi;lory of the cruelty and perfidious dealings of the Turks in their wars, and 
 how they had rooted out the name of the Chriftian religion in above threefcore 
 and ten kingdoms, could by no means agree with ; and though then but a 
 young man, and a younger author, I oppofed it, ani wro:e agaiuft it ; which was 
 taken very unkindly indeed. 
 
 " The next litnj 1 differed with my friends, was when King James was 
 wheedling the Diflenters to take off the penal laws and ttft, which I could by no 
 means come into. And as in the firif I ufed to fay, I had rather the Popifh 
 Houfe of Auflrii fhould ruin the Proteftants in Hungaria, than the Infidel 
 Houfe of Ottoman (hould ruin both Proteftant and Papift, by overrunning. 
 Germany ; fo in the other, I told the Diflenters, I had rather the Church of 
 England fliould pull our clothes off, by fines and forfeitures, than the Papifts 
 fiiQuld fall both upon the Church and the Diflenters, and pull our fis.ins off, by 
 fire and faggot. 
 
 *' Tbe next difference I had with good men, was about the fcandalous pradlice 
 of occafiOuul conformity, in which I had the misfortune to make many honefl: 
 men angry, rather becaui'e I had the better of the argument, than becaufe they 
 difliked what I faid. 
 
 " And now I have lived to fee the Diffenters themfelves very quiet, if not 
 very well pleafed with an ad of Parliament to prevent it. Their friends indeed 
 laid it on ; they v.'ould be friends indeed, if they would talk of taking it off 
 again. 
 
 " /Igain, I had a breach with honeft men for their male-treating King Wil- 
 liam ; of which I fay nothing : becaufe, I think, they are now opening their 
 eyes, and making what amends they can to his memory. 
 
 " The fifth dfference I had with them, was about the treaty of partition, in- 
 which many honelt men were miftaken, and in which I told them plainly then, 
 that they would at laft end the war upon worfe terms ; and fo it is my opinion 
 they would have done, though the treaty of Gertruydenburgh had taken place. 
 
 " The fixlb time I differed with them, was when the old Whigs fell out with the 
 modern Whigs ; and when the Duke of Marlborough and my Lord Godolphia 
 were ufed by the Obfervator in a manner worfe, I confcfs, for the time it lafted^ 
 than ever they were ufed fince; nay, though it were by Abel and the Examiner : 
 but the fuccefs failed. In this difpute my Lord Godolphin did me the honour tOi 
 tell me, I had ferved him and his Grace alio, both faithfully and fuccefsfully. 
 But his Lordfliip is dead, and I have now no tellimony of it, but what is to be 
 found in the Obfervator, where I am plentifully abufcd for being an enemy ta 
 my country, by a(fling in the intereft of my Lord Godolphin and the Duke o£ 
 Marlborough. What weathercock can turn with fuch tempers as thefe !
 
 OF De F O E. xxi 
 
 *' I am now in the fevenlh breach with thern^ and my crime now i:, llut I will 
 not believe and fay the fame things of the Q«een, aud tlic late Trcafurer, whicli 
 I could not believe before of my Lord Godolphin and the Duke of Marlbo- 
 rough, and which in truth I cannot believe, and therefore could not fay it of 
 either of them ; and which, if I had believed, yet I ought not to have been the 
 man that fliould have laid ir, for the reafons aforefaicL 
 
 " In fuch turns of tempers and times a man mult have been ten-fold a Vicar 
 of Bray, or it is impofilble but he muftone time or other be out with every body. 
 This is my prelent condition, and fcr this I am. reviled with having abandoned 
 my principles, turned Jacobite, and what not :. God judge between me and thcfii 
 men I Would they come to any particulars with me, what real guilt I may 
 have, I would freely acknowledge; and if they would, produce any evidence, of. 
 the bribes, the penfions, and the rewards 1 have taken, I would declare honeftly,. 
 whether they were true or no. If they would give a lift of the books which they, 
 charge me with, and the reafons why they lay tl^em at my door, ! vvould acknow- 
 ledge any miftake; own what I have done-, and let them know what I have not- 
 done. But thefe men neither fiiew mercy, nor leave room for repentance, iiv 
 which they ad not only unlike their !Maker, but contrary to his exprefs com- 
 mands *." 
 
 With the fame independence of fpirit, but with greater modefty of manner,, 
 our Author openly difapproved of the intemperance, which v/as adopted by 
 Government, in 1714, contrary to the original purpofe of George I. " It is* 
 and ever was my opinion," fays De Foe, in his- Appeal, "■ that moderation is the 
 only virtue by viihich the tranquillity of this nation can be preferved; and everi- 
 the King himfelf (1 believe his Majefty will allow me that freedom) can only, 
 be happy in the enjoyment of the crown, by a moderate adminillration : if he. 
 fhould be obliged, contrary to his known difpofition, to join with intemperate, 
 councils, if it does not lelTen his fecurity, I am perfuaded, it will leflVn his. 
 fatisfaiflion. To attain at the happy calm, which is the confideration that fhould. 
 move us all, (and he would merit to be called the nation's phyfician, who could 
 prefcribe the fpecific for it,). I think I may be allowed to fay : a conquel} of parlies. 
 
 * The mofl folema .ifleverations, and the moft un^nfwerable arguments of our Author, were 
 not, after all, btlieved. When Mr. Charles King re|)ublifhed, a few years afterwards, Ihe.BritlJJr 
 Merchant, he without a fcruple attributed The Mercator to a hireling writer of a weekly paper' 
 called The Revie-M. And Anderfon, at a Hill later period, goes further in his Chronology of< 
 Gommerce,. and names De Foe, as the hireling writer of The Mercator and other papers in favour of 
 the Fiench treaty of trade. We can now judge with iha impartiality of arbitrators : on the one- 
 hand, there are the death-bed declaration and living challenge of De Foe ; on the other, the mere 
 furmife and unauthorized alfertion of King, Anderfon, and others. It is furely time to free our- 
 ielves from prejudices of every kind,, and to difregard the found of names a nnwch as the falfehoods. 
 of party. 
 
 willn
 
 xxii THE LIFE 
 
 will neve f do it ; a balance of parties may.'" Such was the political teftament of 
 De Foe; which, it had been happy for Britain, had ic been as faithfully ex- 
 ecuted, as it was wifely made. 
 
 The year 1715 may be regarded as the period of our Author's political life. 
 Fadion henceforth found other advocates, and parties procured other writers to 
 dilTcminate their fuggeftions, or to propagate their falfehoods. De Foe now 
 lived, difcountenanced and diftrefled, at Newington, and comforted only by a 
 wife, whom he loved, and by fix children, whom he had taken great pains to 
 educate. In this retirement he is fuppofed to have written the well-known Life 
 and furprijing Adventures of Rohinfon Crufoe; the firft part of which was publifhed 
 in 17 19, and the fecond before the end of the year. The reception of it was po- 
 pular, and the fale was great: for the ftory, fays the preface, " was told with 
 modefty and ferioufncfs, and with religious application of events to the ufes, to 
 which wife men always apply them ; the inftrudtion of others, by example, and 
 the juflification of Providence in all the different circumftances, during the 
 fufFcrings of this world." The attention is fixed either by the fimplicity of the 
 narrative, or by the variety of the incidents ; the heart is amended by a 
 vindication of the ways of God to man, and the underftanding is informtfd by 
 various inftances of the fuperiority of the ufeful over the ornamental arts : 
 the young are inftrucfted, while the old are amufed. 
 
 Robinfon Crufoe had fcarcely drawn his canoe afhore, when he was attacked 
 by his old enemies, the favages. He was aflailed firll by Ihe Life and Jlrange 
 
 adventures of Mr. D De F — , of London, bofier ; who has lived above fifty 
 
 years by him f elf, in the kingdoms of North and Souih Britain. In a dull dialogue 
 between him, Crufoe, and his man Friday, our Author's life is here lampooned, 
 and his misfortunes ridiculed. But he who had been ftruck by apoplexy, and 
 who was now difcountenanced by power, and enchained by penury, was no fit 
 objeft of an Engliflman's fatire. Our Author declares when he was himfelf a 
 writer cf fatiric poetry, "that he never reproached any man for his private 
 infirmities, for having his houfe burnt, his fhip.s cafl: away, or his family ruined; 
 nor had he ever lampooned any one, becaufe he could not pay. his debts, or dif- 
 fered in judgment from him." Pope has been juflly cenfured for puifuing a 
 vein of fatire extremely difllmilar. And Pope placed De Foe in the fame 
 diftich with Tutchen, in -1 he Dunciad, when our Author's age and infirmities 
 were greater and his comforts Icfs. He was aflfaulted, fecondly, in 1719, by 
 
 An Epinle to D De F-e, the reputed Author of Robinfn Crufoe. " Mr. 
 
 Fje," fays the leucr-writer, " I have perufcd your pleafant ftory of Robinfon 
 Crufoe; and if the faults of it had extended no further than the frequent 
 folecifms, loofenefs, and incorrednefs of ftyle, improbabilities, and fometimes 
 impofTibilities, I had not given you the trouble of this Epillle." This critic, 
 who renewed Ms angry attack, when the fecond volume appeared, has all the 
 
 dulnefs.
 
 OF De F O E. xxiir 
 
 dulnen:, withcfut the acumen, of Denni?, and all his n-ialiguiiy, without hir 
 intentions of reformation. 'The Life of Crujoe has paflcd through fevtntcen 
 editions, and has been tranllated into other languages, while the criticifm 
 dropped into oblivion. 
 
 How De Foe employed his latter years, it is now impoffible to know. If 
 he publiflied The Family htjtrucior and The Plan of Cammerce, with other fmaller 
 irad;s, which are attributed to him, it may be (ruly affirmed, that his old age 
 was ufefully I'pent. He died, in Apiil 173 i, within the parilh of St. Giles's,. 
 Cripplegate, London, at an age, if he was born in 1663, when it was time to 
 prepare for bis laft voyage. He left a widow, Sufannah, who did not long 
 furvive him v and fix fens and daughters, whom he boafts of having educated 
 as well as his circumftances would admit. His Ion Daniel is faid to have emi- 
 grated to Carolina : of Benjamin, his fecond fon, no account can be given. His 
 daugluer Sophia's beauty married, her to Mr. Henry Baker, the refpedlable author 
 of fome valuable treatifcs on natural hiftory,. whofc collef^tions were fold by Pacer- 
 fon» in March 1775. His daughter Maria married one Langley. But, Hannah 
 and Henrietta probably died unmarried, fince they were heirclTes only of a name,, 
 which did not recommend them. De Foe probably died infolvent •, for, letters 
 of adminiftration on his goods and chattels were granted to Mary Brooke, widow^. 
 a crtditrix, in September 1733, after fummoning in official form the next of kin 
 to appear *. — Of his petty habits it is now impoffible to tell more than he has 
 thus told himfelf-j-: "God, I thank thee, I am not a drunkard, or a fwearer^ 
 or a whore-mafter, or a bufie-body, or idle, or revengeful-, and though this be 
 true, and I challenge all the world to prove the contrary, yet, 1 muft own I 
 fee fmall latisfadion in all the negatives of common virtues •, for though I have 
 not been guilty of any of thefe vices, nor of many more, I have nothing to^ 
 infer from thence, but Te Deum laudamus.'" He fays himfelf— 
 
 ConfelTion will anticipate reproach, 
 He that reviles us then, reviles too mucli : 
 All fatire ceafes, when the men repent ; 
 'Tis cruelty to lalh the penitent. 
 
 It is no eafy taflc to afcertain the value, or the titles of many of our Author's 
 writing", if we except thole which he correcTted himfelf and publiflied in his life- 
 time. His poems, whether we regard propriety of ientimcnr, or fweetnefs of 
 numbers,, may without much lofs of pleafure, or profit, be refigned to thofe, 
 
 *■ The above-mentioned particulars w«re difcov«red by feaiching ibe-boofes acDodors Commons*. 
 f. In the preface to &V Rffarmation* 
 
 whoj.
 
 3(X1V 
 
 THE LIFE, ice. 
 
 who, in imitation of Pope, poach in the fields of obfolete poetry for brilliant 
 thoughts, felicities of phrafe, or for happy rhymes. De Foe's ecclcfiaftical 
 pamphlets may be relinquifhed to the perufal of ihofe who delight in ecclcfiafti- 
 cal polemics. Bur, his tracts, political and commercial, the lovers of that 
 liberty, which he ably defended, and the friends of that trade, which he liberally 
 explained, muft wifli to fee refcued from oblivion, and republifhed without the 
 contamination of matter, lefs engaging and inftruftive. Dryden and his Contem- 
 poraries had brought Dedications into difgrace by the fulfomcnefs of their flattery 
 and the fervility of their ftyle. The Dedications of the prefent day have abfurdly 
 run into the contrary extreme. But the writers, who are permitted to dedicate 
 their works to royal patrons, ought to perufe De Foe's dedicatory epiftles to 
 King William and Queen Anne; wherein they will find dignity of fcntiment 
 and delicacy of pralfe, conveyed in language, at once elegant and inftruftive : 
 his Dedications to The HiHory of the Union of England and Scotland would 
 alone juftify this remark. 
 
 N I S.
 
 TO THE 
 
 Q^ U E E N. 
 
 M A D A M, 
 
 IT is the gloiy of your MAJESTY'S reign, tliat all your great adions, and all 
 your great defigns, whether abroad in arms, or at home in council, have a mani- 
 feft, vifible, and profeffed tendency to the peace and UNION of all your fubjeds. 
 
 And, Madam, as Heaven delights in the upright defires of his creatures, when they 
 feek to anfwer the end of'his providence, in exalting them to their refpedive Nations 
 in the world ; fo we may without prcfumption infer, that the fincerity of your 
 Majesty's intentions for the glory of eternal Wifdom, and the happinefs of 
 your people, tho' it may not be called the caufe of our bleffings, yet it may be part 
 of the reafon why we have thofe bleffings in your reign. 
 
 How elfe fhall we account for the juft difappointments of former attempts of this 
 kind, which GOD in his inextricable counfel has not thought fit to blefs, but as 
 was fdid of his own people of old, becaufe their hearts were not right with him, 
 neither were they flcdfaft in his covenant ? 
 
 It was without doubt on very good grounds that your MAJESTY fo often ex- 
 prefled your earneft defires to fee this great affair of the UNION finiflied- — The fe- 
 licity of a nation united, that had been- fo long and fo often at the greateft diftance 
 as to intereft and afFedion, could not but recommend itfelf to your MAJESTY. 
 
 It would be worth their while who oppofed this UNION, and ftill refufe to own 
 the advantage of it, to look back upon the years of blood, and the terrible devada- 
 tions thefe two fider nations fufFered in the days of their feparation; let them examine 
 the hiftory of the paft ages, let them enquire there for the particulars of three hun- 
 dred and fourteen battles, and calculate the blood of a million of the bravefi men 
 in Europe, loft in the fenfelefs feuds of thefe two nations. 
 
 Let them view the fpoils of the borders, not yet repaired, the monuments of the 
 nobility flain in the field, which yet remain ; let them vifit the ruined caftles, the 
 demolifhed fortifications, the depopulated towns, the gentlemen's feats left in heaps, 
 which yet appear — were all the -inconveniences of the UNION, which the moft 
 uneafy people can fuggeft, to be allowed, yet, that an end is put to blood and ra- 
 pine,
 
 XXVI 
 
 DEDICATION. 
 
 pine, that the fword is taken out of the hand of the fpoiler, that we lliall no more 
 be cutting the throats of our brethren, is worth giving their bleffing to your MA- 
 JESTY and the UNION for, and muft be acknowledged to the happy period of 
 this treaty. 
 
 Nor is this all, but whatever lofs fome may allege Scotland fufFers in this 
 UNION, in matters of commerce, in removing her parliaments, in leffening the 
 conflux of her nobility and gerwry to Edinburgh, in taxes,, and in carrying away her 
 people, things which time may remedy and repay her for with interc tl ; yet this the 
 moft prejudiced man in Scotland muft acknowledge they have in exchange, and 
 which, if they know how to value it, is worth all they have paid or can pay for it ; I 
 mean Liberty in its due and beft exterit, religious and civil. 
 
 I doubt nor, Madam, but as liberty is fecured to Scotland by the UNION, fo the 
 good people of Scotland (hall in time arrive to a differing tafte of liberty by the fame 
 UNION, and ihall learn to know how to prize it; and as they learn to value liber- 
 ty more, fo they will more and more blefs God and your MAJESTY for the 
 UNION, which has removed them at once from a ftate of bondage to their Gover- 
 ■nours, and from the petty tyranny of their own conftitution, to be made one with 
 the freed nation in the world. 
 
 Thofe that complain of this UNION in the little articles of commerce, and on 
 pretence of it)equalities, in which they never fail of redrefs in parliament, as often as 
 they apply themfelves for it, fliould do well to look back upon the days of 
 cruelty and perfecution, when the gaols were filled with their citizens, and the places 
 of execution covered with the blood of their miniflers, when their church was tram- 
 pled under foot, and they had no liberty to worfhip God according to their con- 
 fciences : even in the felicity of a Revolution eftablifhment, they had no fecurity, 
 that thefe times fhould not return upon them; but by the UNION, they 
 fee themfelves unalterably eflablifhed, their church-government made a fundamen- 
 tal of the conftitution, and the very church of England engaged to preferve it 
 
 intire. 
 
 If their eyes are open, they may read their fafety in the rage and defperation of 
 their enemies, who have no room to iavade them, hut in rebellion againft your MA- 
 JESIY ; who infult the church of Scotland and your MAJESTY'S authority to- 
 gether ; and none are found daring tp open their mouths againft them, but thofe 
 that with the fame breath blafphemc your royal eftablilhment, and wickedly 
 worfhip an invading ufurper. 
 
 It ought to be the comfort as it is the honour of the church of Scotland, that 
 hsr fafety, and your MAJESTY'S authority, have the fame eftablifhment, are 
 linked together by the indiflblvablc bonds of the fame UNION, have the fame 
 enemies,, and the fame friends, and in all probability niuft have the fame du- 
 ration. 
 
 No
 
 DEDICATION. xxvU 
 
 No human power can alter the eftablilliment of the church of Scotland, but 
 they muft diffolve the UNION of the two kingdoms; and in fuch diffolution would 
 of courfe follow the unravelling the proteflant fucceflion, and overthrowing the Re- 
 volution upon which the prefent conftitution and your MAJESTY'S ro)al dignity 
 iseftablifhed. 
 
 This alone, if rightly confidered, would flop the complaints of all thofe people in 
 Scotland, who, however they may be otherwife diffatisfied with the UNION, have 
 yet a true value for the fafety of their religion, the eflablifliment of tiieir church, and 
 their deliverance from perfecution. 
 
 And there is no queftion but in time the juft refledion on thefe things will pre- 
 vail upon men of honefty in all parts of your MAJESTY's dominions, to acknow- 
 ledge the happinefs and advantages of the UNION, tho' at prefent the artifice of 
 their enemies, rather than any real mifchiefs felt by it, have filled their mouths with 
 complaint. 
 
 As their religious liberty is thus fecured, fo civil liberty is an immediate and vi*~^ 
 fible effed: of this great tranfadion : all the invafions of ignorant magiflrates, privy- 
 council ufurpations, abufing the royal authority, and the perfonal tyranny of the gen- 
 try over jhe commonalty, is, if they pleafe, depofed by this UNION : Scot- 
 land is now in no bondage but what is merely voluntary ; owing to their want of a 
 tafte of liberty, and their ignorance of the advantages of it ; things, which time 
 and experience will not fail to remove, and Scotland Ihall hereafter be reckoned 
 .amongft thefe free people that all the world envies. 
 
 Porterity, MaJam, muft own to your MAJESTY's memory, all that they meet 
 with in the UNION, that is peaceable, eafy, and advantageous ; and the nations that 
 are yet to be born will blefs your very name, when they lee the effeds of it to them 
 and their children. 
 
 That Fadion will be ever heaving and ftruggling. Envy raging, Slander bnrking,- 
 and Hell plotting againft this UNION, and againft every happy event that proceeds 
 from it, is rather a teftimony for, than an argument againft it. It could not 
 be expeded that any kind of people, whofe hopes, or gain, or intereft, or party fub- 
 lifted in the diforders and convulfions of their native country, fliould fmile upon this 
 undertaking : the interefts of popery, tyranny, French ufurpations, and fpurious fuc- 
 ceflion, received a mortal ftab by this UNION; and therefore canntit but make 
 war againft it upon all occafions. 
 
 If proteflants, if men of honeft defigns and good principles are found com- 
 plaining of, or regretting the UNIOxN, it is only fuch whofe private prejudices are 
 built upon the errors of their judgment ; or whofe eyes it has not yet pleafed God 
 to open to the true intent and defign of your MAJESTY in bringing it to 
 pafs. 
 
 But as it is to be hoped, thofe prejudices Ihall in time be removed, and all honeft 
 
 men
 
 ^X\IA 
 
 DEDICATION. 
 
 men Ihall fee the public good in tl;e UNION; fo there has ahvays been this 
 happy difference, even in the diflike of thefe nr.en to tlie UNION, and that of other 
 people— that thefe objeded againftcircumftanccs, thofe againft effentialt— thefe have 
 their little fcruples as they fear the UNION may interfere with their civil or religious 
 interefts, thofe abhor the very thing UNION, and oppofe it as luch, and as it 
 tends to the peace and profperity of both nations. 
 
 The truth of this diftindion appeared moft evidently in the affair of the late in- 
 vafion, when joy and fatisfaftion appeared in the very countenances of the Jacobite 
 oppofers of the UNION, from the view they had of the overthrow of the conflitu- 
 tion by a French and Popilh ufurpation ; while the other, like faithful fubjeds to 
 your MAJESTY, prepaied to defend even that very UNION they difliked, ho- 
 neftiy laying afide their private prejudices, to join in the public defence of your 
 MAJESTY and their country, and thereby approved themfelves both good 
 Chriftians, and good fubjefts, to the glory of your MAJESTY'S government, 
 and to the confulion and difappointment of your enemies. 
 
 May It plsafe your J.IAJESTY, 
 
 As the UNION bears your royal charatfter to pofterity, fo no hiftory of it can be 
 perfedt without \our name in it's frontpiece : the world muft have your MA- 
 JESTY'S Zeal for, and concern in this great tranfadion of UNION made par- 
 ticularly known ; or no hiilorian can be juft in the relation, nor can poflerity form 
 any ideas in their minds, of the manner how it came to pafs. 
 
 Your wife and faithful counfellors afTiIled, managed, and formed this mighty 
 embrio -, but the conception, the thought of UNION, the paffion for it's com- 
 pleating, the vehement dt fires of finifhing it noiv, were originally your MA- 
 JESTY'S own, and to thefe we owe all the vigour and application of your able mi- 
 nifters, the compliance of your parlia'-nents, and the general ftrain of popu- 
 lar inclination, which was unexpededly found in both nations for the bringing it to 
 pafs. 
 
 The humble Author of thefe (heets, Madam, having, amidfl a throng of difaflers and 
 forrows, been honoured by your MAJESTY, in being rendered ferviceable to this- 
 great tranfadion, and having pafied thro' all the hazards, tumults,and diforders of that 
 critical time, in his humble endeavours to forward the glorious dcfign of your MA- 
 JESTY, for your fubjeds profperity, thinks himfelf doubly rewarded, in having 
 the honour to lay this account of thefe things at your MAJKSTY's feet — In your 
 majesty's clemency, all the imperfcdions of the performance will find pardon 
 — under your MAJESTY'S protedion, the truth, of the narration fhall oppofe itfelf 
 to all the falfc fuggeftions of parties and prejudice, on which foever fide they ap- 
 pear — and in your MAJESTY'S juft and merciful adminiftration, all the advan- 
 tages
 
 DEDICATION. 
 
 XXIX 
 
 tages which the Author of this work has foretold to this nation by the UNION", 
 Ihal] in their feafon be made good. 
 
 Your majesty's faithful fubjefts have nothing remaining to make them 
 conipleatly happy under fo mild and juft a government, but by a general UNION 
 of affedtion,juft, peaceable, and virtuous inclinations, to improve the UNION of the 
 conftitution, and make it produce all the bleflTed efflds which your MAJESTY 
 and all good men pray for — This as it fliall be an honour to your MAJESTY'S 
 government, and thelafting happinefs of your people, is the conftant labour 
 
 Of, 
 
 May it pleafe your MAJESTY, 
 
 Your MAJESTY'S moft dutiful 
 and obedient fubjeft 
 
 and fervanf,, 
 
 DANIEL De F O E,. 
 
 T O
 
 J 
 
 TO HIS GRACE 
 
 AM E 
 
 Duke of Queenlberry and Dover, Marquis of Dumfrlesfliire and 
 Beverly, Earl of Drumlanrig and Sanquhar, Vifcount of Nith, Tor- 
 thorwald and Rofs, Lord Dowglafs of Kinmount, Midlebie and Dor- 
 nock, and Baron of Rippon, one of Her MAJESTY'S Principal Se- 
 cretaries of State, and Knight of the Mod Noble Order of the 
 Garter, &c. 
 
 MY LORD, 
 
 WHEN poflerity fhall look back on the great tranfaftion of the UNION of 
 thefe kingdoms,— when by juft refiedtion on the temper, the conduft, and 
 the conftitution of the people, the circumftances of the times, with the intcreft and 
 ftate of other nations at that time, they Ihall fee into fome of the difficulties which 
 neceflarily attended fo ftupendous a work ; it will be moft natural to enquire, by 
 v\hore management, and under whofe condudt it was carried on. 
 
 When her MAJESTY, in her fpeech to the Parliament, at the conclufion of the 
 UNION, was pleafed to fay, that it fliould be mentioned hereafter to the honour of 
 thofe who were concerned in bringing it to pafs ; it cannot be doubted, but your 
 Grace had the firft place in her Majelly's thought. 
 
 The particulars of the UNION cannot be difcourfed of, much lefs can any hif- 
 tory of it be tranfmitted to pofterity; but mention muft be made of your Grace's 
 part in it : all our accounts will be full of the hazards you run, the infults and af- 
 fronts you received, the dangers your perfon was expofed to in the faithful difcharge 
 of the high truft your royal Miftrefs put into your hands. 
 
 The companion your Grace fliewed for the poor enraged people, who by their 
 warmth and fury againfl: the UNION expofed ihemfelvcs to the law, and to your 
 juft rcfentment, are reflimonies of a moderation and temper particularly fitted for a 
 work of UNION — a mind qualified for peace, and that firft having made an 
 abfolute conqueft of your own paffion, was not to be moved by the extremes of 
 others. 
 
 This, my Lord, is a teftimony, not only of your Grace's capacity for the greateft 
 and niceft concern of this age ; but of her Majefiy's fingular wifdom and penetra- 
 tion in fingling out your Grace from among the whole body of the nobility, for a 
 
 truft
 
 DEDICATION. xxxi 
 
 trud on which the effcntial article of her Majefl:y's glory, and all Britain's fafety, Co 
 much depended. 
 
 If triumphs were allowed to thofe generals who fubdued by force of arm? the bar- 
 barous nations to the obedience of the Human empire, if their victories which were 
 imprefled with blood, and which at beft confifted in devatlalion of kingdoms, and 
 dellroying nations, were the fubjec^ of the flourifliing orations, and heroic poems 
 of the learned men of that age; how much more jutl are the triumphs of peace, 
 and the [iraifes of fuch vidories which i)revcnt deftruftive wars, and lay folld foun- 
 dations for the lafting tranquillity of nations ? 
 
 Here are no witl(.)ws and orphans, whofe private tears IclFen the public joy, and 
 whofe fighs for the lofs of their neareft relations flain in the dear-bought vidtory, 
 lliali drown the acclamations they fhould make for the profperity of their country. 
 Peace and UNION challenge every man's joy ; their nature is fuited to every thing 
 that's fafe and calm, and their confcquences never fail to be ieen in plenty and prol- 
 gerity, if the fault be not their own. 
 
 There is no ciueilion, but that among that illuftrious body, the nobility of Scot- 
 land, there were many to be found, whofe zeal for her Majefty's fervice-, whofe good- 
 will to the UNION, whofe fincere aim at the fervice of their country, fliould juftly 
 recommend them in fuch a choice : but had the perfon entrufted here been 
 adorned with the higheft qualities, yet without the moft felf-denying moderation, 
 the coolefl courage, and the moft paffive refolution, it had been all to no purpofe. 
 
 It is impoffible to exprefs, tho'l was an eye-witnefs to it all, thro' what difficulties 
 your Grace paffed in this nice affair, between what rocks you fleered, what precipices 
 you trod on, what contraries you reconciled, the lead deviation in any of which had' 
 pullied your Grace and the whole nation upon irrecoverable fbipwreckand difaftcr— > 
 more courage on one hand had precipitated all, and yet the leaft grain of fear had funk 
 the very foundation : to be angry, even when no man living could be pleafed, to be- 
 in the leaft moved by the moft violent extremes, to fliun the moft apparent mifchiefs, 
 to decline the greateft difficulties, any of thefe bad ruined thevvhole profpedt* 
 
 Even thofe people who pretended to oppofe your Grace in the matter of the trea- 
 ty, confefs the honour of finifhing the UNION to be yourGrace's due ; fiiite they 
 look on the choice of your Grace to that work as their chief difafter, declaring whaS' 
 they hate to hear repeated, viz:, that no man in Scotland but yourfelf could have 
 done it.. 
 
 Thofe that purfuing different fchemes, and having. remote views, pretended to 
 carry on principles of UNION, but of other and imperfetl natures, came into ihisj- 
 not upon convidion of it's being better laid than their own ; but becaufe, when they 
 found your Grace had efpoufed it, th^y forefaw it would be done withoiit them. 
 
 The moft violent enemies of UNION as Awh, and whofe particular avcrfion to • 
 the profperity of Britain, . the. E.evolu:ion and proteftant fuccefiion; was the crigir 
 
 nal-
 
 xxxli DEDICATION. 
 
 nal of tbeir oppofition to the treaty j who boafled always of it's being impracflicable ; 
 who had fucrefsfuUy broken all the meafures formerly taken in order to a treaty, 
 and particularly had infulted her Majefly in baffling the lafl — took the alarm 
 at your Grace's firfl: appearance in this afTair ; this taught them to double 
 their endeavours, to call in the affiftance of all their friends, to ftir up their politics, 
 and ufe all the force of wit and artifice in management of parties to oppofe it — 
 and this at lafl: taught them how to defpair. 
 
 If the enemies of the UNION were thus alarmed at your Grace's appearing in 
 the caufe of the nation's peace ; if they learnt to defpair from the fenfe of your 
 Grace's powerful influence, and exquifite conduift ; the fame extreme in joy and fa- 
 tisfaction pofleffed the friends of that great undertaking : Her Majefly and the whole 
 nation grounded their hopes of fuccefs, next to God's blefling, upon your Grace's 
 wifdom and prudence in managing, moderation in bearing, fkill in contriving, and 
 vigour in profecuting every flep of this weighty affair. 
 
 Heaven has faid Amen. The blclTing of fuccefs has joined, and the event has 
 teftified the truth of thefe obfervations — what well-wifliers feared as impoffible, what 
 enemies boafted as impradticable, what the nations at home doubted, and the na- 
 tions abroad fcarce dreamed of, has been finifhed, to the furprife of Europe, the con- 
 fufion of tyranny and jacobitifm, to the infinite fatisfaflion of her Majefly, and to the 
 joy of the beft friends of Britain's happinefs. 
 
 As then your Grace has gone thro' all the rough parts of this tranfidiion, as 
 you have fharcd the envy, the fury, the hatred, and all the hazards that attended it ; 
 it is meet pofterity, when they come to fee farther into the advantages of the 
 UNION, than perhaps we can now do, fhould know, and be put in mind too, to 
 whofe labours they are indebted. 
 
 This gives your Grace a title to thefe fheets, in which the humble Author endea- 
 vours impartially to recite the matter of faft, without favour or refpeft : indeed the 
 greatefl panegvric on your Grace's condudl in the Union, is, the truth of fatft ; and 
 'tis your Grace's honour, and the particular honour of the Author of thefe flieets, 
 that in an impartial relation of thefe tranfaftions, and fetting every thing in it's true 
 light, he gives the greateft lulb'e to your actions, fince no art can add to the native 
 beauty of the whole. 
 
 I am, 
 
 May it pleafe your Grace, 
 Your Grace's moft humble, 
 and mofl obedient fervant, 
 
 D. DcFOE.
 
 A N 
 
 Jii S o A Y , 
 
 CONTAINING 
 
 A FEW STRICTURES 
 
 O N T H E 
 
 UNION OF SCOTLAND with ENGLAND; 
 
 AND ON THE 
 
 PRESENT SITUATION OF IRELAND. 
 
 BEING AN INTRODUCTION TO 
 
 DE FOE'S HISTORY OF THE UNION. 
 
 By J. L. D E L O L M E, Adv. 
 
 LONDON: 
 
 PRINTED FOR JOHN STOCKDALE, 
 OrPOSITE BURLINGTON HOUSE, PICCADILLY. 
 
 MDCCLXXXVII. 
 
 Cnteccu at ^tationeris pill*
 
 C ■ 3 
 
 AN ESSAY 
 
 Containing a kw Stridures on the Union of Scotland with 
 England, and on the prefent Situation of Ireland. 
 
 By J. L. D E L o L M E, Adv. 
 
 '^ j ^ H E Ifland of Great Britain extends over nine degrees of latitude, 
 -*- viz. from the 50th to the 59th, reaching therefore as far north 
 as Stockhohn and St. Peter{burg or very near. Of thefe nine degrees 
 England comprehends five, reckoning to Carlifle, — and fix, reckoning 
 to Berwick; the Englifh territory flretching northwards in a point, and 
 indenting with the Scottifh counties as far as that town. Scotland ex- 
 tends over four degrees of latitude. 
 
 This northern part of Great Britain, forming a contiguous country 
 nearly three hundred miles in length, and one hundred and fifty broad, 
 had from very remote times been united into one kingdom. Being 
 thus united under one Head, it had been able to refift the efforts of all 
 thofe Powers who had at different times fubdued the fouthern part of 
 the Ifland. And at the time of Edward the Fir ft, that is, about two 
 
 B hundred
 
 a Stri^ures on the Union ivith Scotland. 
 
 hundred years after the Norman Conquefl-, and four hundred years 
 after the feven Saxon fovereignties had been united into one monarchy, 
 Scotland fliU continued to form an independent, diftind kingdom. 
 
 The king we have jufl: mentioned, Edward I. was the firfi: king of 
 England who manifefted a fettled defign to fubdue Scotland, and unite 
 it to his crown: he was the more particularly allured to this, by the 
 fuccefsful ifllie of his expedition into Wales, and the conquell: he had 
 been able -to make of that principality. 
 
 An extremely favourable opportunity moreover offered itfelf to Ed- 
 ward. The crown of Scotland had become vacant, by the death of 
 the late Sovereign without leaving iflue. Two Candidates, fprung from 
 the Royal family, laid claim to it. The decifion of the difpute was 
 referred to Edward I. by the two Claimants, and likewife by the body 
 of the Scottilh nobles, w!io were become apprehcnfive of a civil war 
 among themfclves, Edward, under pretence of proceeding with greater 
 folemnity, invited the two Candidates, and the principal perfons of the 
 Scottifh nobility, to meet iiim at Noriiam, in Northumberland, where 
 he was at that time encamped with an army. Having thus got all the 
 important perfons of Scotland in his power, he proffered, on a hidden, 
 in iiis own behalf, a claim of fovereignty and liege fuperiority over the 
 kingdom of Scotland ; and before he futtcred either the Candidates or 
 t!)e Scotti(h nobles to depart, he compelled them to recognize his claim, 
 ;uKi take an oatis of ft\;lty to him. About a year afterwards he gave 
 ills award on the difpute ; ai'id before he put the fnccelsful Claimant 
 (John Baliol) in pon'cihon of tlie kingdom, -lie compelled him to re- 
 new his oath of fealty to iiim, and to bind hlmfelf<*to pertorming 
 in future tt)t,' diiTcrci.t (crvices which the feud.d la^^s ufnally impofcd 
 -Upon Viirt'als, luch as obeying lumrfions, giving military aid, &c. 
 
 Conditions
 
 • SlriSfures q?i the Ujiim tvith Scoitan^T^ s 
 
 • Couclitlotis that had been fubmitted to, amidft fuch circumftaiicey, 
 tJ'ere npt hkely to be aftervvarcis very faithfully executed. The failure 
 of the Scottilh king in performing thofe engagements that h.id thua 
 beei,i forced upon him, induced Edward to invade Scothmd. He was 
 fo fuccefsfu! in this expedition, as both to defeat liis new Vaflal, and 
 tn.ake him his prifoner. He carried him to London, where he kept 
 him confined in the Tower; leaving, in the mean time, an EnglWh 
 Governor, fupported by an Englifli military force, in Scotland. 
 
 The Scots took arms a fecond time, under the conduct of that re* 
 nowned leader, William Wallace: but, after a feries of confidcrablc 
 fucceiTes, they lod: the great battle of Falkirk, in which Edward 
 commanded in perfon ; and Scotland was again brought under fub- 
 jedlion. 
 
 Encouraged by the natural ftrength of their country, the Scots rofe 
 a third time, and, fallying from their mountauis and hidden faflnefles, 
 drove the Englifh garrifons before them. Edward led another army 
 into Scotland. He was again fuccefsful, and carried his conquefls in 
 this third expedition, as well as his refentment, farther than he had 
 done before. 
 
 A fourth time the Scots took arms ; and Edward was once more 
 marching a powerful army in order to reduce them, with a fettled re- 
 iblution to annihilate every remnant of refiftance and oppofition in Scot- 
 land, when he on a fudden fell fick, and died on the borders, in the fixty- 
 nlnth year of his age. 
 
 Edward, on his death-bed, had recommended to his fon Edward II. 
 to profecute the war againft the Scots, till that country were corhpletely 
 fubdued. This prince, as foon as he was fully fettled on his throne, 
 
 B 2 undertook
 
 ij Sirldiures on the Union with Scotland. 
 
 undertook an expedition agaiuft Scotland in perfon. But the fortune of 
 war here favoured the Scots in their turn. They defeated Edward II. at 
 Bannockburii, near Stirling. The vi6lory they obtained over him was 
 fo decifive as to have been compared by hiftorians to that won by Wil- 
 liam the Conqueror at Haftings. 
 
 This victory fecured the Scots againft any farther attempt from Eng- 
 land during that reign. But the fucceeding king, Edward III. foon re- 
 fumed in his turn the defign of conquering Scotland; and he difplayed 
 in his different enterprizes againft tlie Scots, a degree of adlivity and 
 earneftnefs equal to that manifefted by king Edward I. 
 
 And, to fliy the truth, the conqueft of Scotland was a projedt which 
 ambition very naturally fuggefted to an Englifh king. The dread of 
 hoftilities from fo numerous a Nation, fettled in the fame Ifland in 
 which his own kingdom was fituated, kept him in a ftate of continual 
 uncertainty or anxiety, and cramped the execution of his defigns 
 either for overcoming his rebellious barons and fubje(fl:3 at home, 
 or for profecuting his foreign wars and conquefts. The very indepen- 
 dency, befides, of fo confiderable a part of the ifland in which he 
 reigned, feemed to caft difcredit on his name in his own kingdom, 
 and was a blot upon the reputation of his power and his arms, on the 
 continent. 
 
 At the fame time, the aim of an Englifh king, in a war with Scot- 
 land, was not barely to wreft a few territories from that country, but to 
 conquer the whole abfolutely, — to reduce the king to the quality of a 
 fubjefl. This defign was even openly avowed by the Englifh kings j 
 and, in order to forward the attaining of it, they had fet up a claim (as 
 hath been above obferved) of liege fuperiority aiid feudal fovereignty 
 6 over
 
 StriSlures on the Union ivith Scotland. e 
 
 over that kingdom. Now, fuch a claim produced the efFe£l of making 
 peace almoft imprafticable between the two kings of England and 
 Scotland. In fad, a claim of that tendency admitted of no compro- 
 mife, nor could be qualified in a Treaty. 
 
 Another hurtful conlequence of this claim of a liege fuperiority in 
 the Engli(h kingdom, was, that it united the whole body of the Scottifh 
 nobility into a conftant hoftile confederacy againft England. For, 
 had the claim fet forth by the Englifh kings fucceedcd to be efta- 
 bli(hed, the Scots nobles mufi:, from the flation of peers and hereditary 
 counfellors to an independent Sovereign, have funk into the condition 
 of Vaflals to a Vaflal. With the Eni|,lifti Nobles they muft have been 
 fatisfied to rank as Commoners. And in regard to the Englifti Nation 
 at large, they muft have flood in the predicament of a fubordinate 
 inferior People. 
 
 A flate of perpetual war accordingly became the confequence of 
 the fituation in which the two kingdoms flood in regard to each 
 other. The treaties between them never were treaties of abfolute peace, 
 but only truces for a time, during which each Nation was watching 
 for proper opportunities, and preparing either for frefli attacks or for 
 ■defence. 
 
 The kings of England were fupported in their enterprlzes againft 
 Scotland, by the fuperior wealth and populoufnel's of their kingdom. 
 The Scots were aflifted in their refiftance by the natural obftacles with 
 wTiich their country abounded, by the lakes and hills with which it 
 is interfperfed, by the deep inlets of the fea with which it is interfeded, 
 and alfo by the really great extent of the country; all which circum- 
 ftances together made it next to impofiible for a conqueror to penetrate 
 every part of it. The feverity of the weather in that northern latitude, 
 
 during
 
 6 Stri^tires en the Unw;2 zvlt/j Scotland. 
 
 during a confiderable part of the year, was another kind of natural de- 
 fence. And to all thefe advantages in favour of Scottidi independence, 
 we muft very likely add other peculiar caufes, arifing from the internal 
 polity of the Scots, and their manner of living among themfelves. 
 
 All thefe circumftances, combined together, niuft have polTeQecl 
 great efficiency : for, notwithftanding the advantage in almoft every 
 pitched general battle, remained decifively, to all appearance, on the 
 fide of the Englifli ; yet, it happened in the iffue that the Scots had 
 only been difperfed; their main ftrength remained unbroken.; ■ and on 
 t-he firfl; favourable opportunities they were able to tally again in great 
 numbers from behind their lakes and mountains, and to drive once 
 more their invaders out of the country. 
 
 The projed of the conqueft of Scotland, which had been begun with 
 fo deep a policy, as well as purfued with fo much vehemence and fpirit 
 by king Edward I. was, as hath been above mentioned, refumed both 
 by his fon and grandfon, Edward the Second and Edward the Third. 
 All the Englifh kings who fucceeded thefe, continued to fet up the 
 claim of feudal fuperiority over the kingdom of Scotland ; and moll of 
 them endeavoured to make the fame good ^by, military enterprizes. 
 The wars between the two nations continued till the reign of Edward 
 tlie Sixth, whofe uncle the duke of Somerfet, protedVor of the kingdom, 
 gained the battle of Pinkies againft the Scots : that was tl:^e, laft battle 
 fought between the two nations before the Union of the crowns. 
 
 A lively defcription of the lafting contefts. that took place betwqen 
 the EngliHi and the Scots, is contained in the following paflage of an 
 -liillorian. 
 
 *' And now (the reign of Edward I.) began the conteft between the 
 -"two nations, which fpilt more Chriftian blood, did more mifchief, 
 
 «♦ and
 
 Strmures on the Union with Scotland. n 
 
 *' and continued longer than any wars that we read of between any 
 *' two people in the world. For all the kings which preceded for 
 *' three hundred years toge'tlief, even to the blefled union of them by 
 *' king James I. had their (hare more or lefs in the quarrel. And 
 " though Engknd,- being much the greater and Aronger nation,, had 
 '♦"^ the .^o6d' fortune often to overcome, yet it was with fo great ex- 
 '** peiice- 6f blobdy ti:me', . and treafure, that what Hie got coft more 
 "than it tvas wbiith':; the Scots being never fo fully fubdued, but that 
 *' they were foon for recovering their liberties again, and that with 
 *• fuccefs. So that Providence may feem to have decreed no union 
 " fhould' be' firm bet weeri:thefe two nations, that was made by force; 
 *' but only fuch as (hould be produced by peace and the milder way of 
 « flicceffion." 
 
 It'may be added, as a conclufion, that the Scots were able to the lafl: 
 to affert the independence of their kingdom. They had not even loffc 
 ' any part of their territory when their \%ars with the Englifh became to 
 be terminated. It was rather the reverie : for, their kingdom was ad- 
 vanced' on this fide of the boundary of the antieut kingdom of Scotland, 
 vvhich is formed by the northern Pidls wall, which runs from the vici- 
 nity of Edinburgh towards Glaigow ;. and they were poiTefled, at the 
 epoch we mention, of three fourth paits of tlie territory that l;es be- 
 tween that wall, and the fouthern wall built in the vicinity of Nevv- 
 callile by Kardrian ; which territory had more than once been wholly 
 in the polleffion of the Englifh. The hmit between England and 
 Scotland, at the time of the nccefiion of James the Firif, ran, as it now 
 does, in an oblique direftion acrofs the fpace contained betv/een thcfe 
 two WEllsjalmoft reaching, near Carlifle, to tliat on the louth. 
 
 At
 
 Siridlures on the Union with Scotland. 
 
 At length James the firfl: acceded to the crown of England. He 
 was great great grandfon to king Henry VII. by his daughter Margaret, 
 who had married James IV. of Scotland. His grand-father James V. 
 was confequently nephew to king Henry VIII. and firfl coufin to the 
 late queen Elizabeth : there was no nearer heir to the Englifh crown. 
 
 By the acceffion of that prince to the Etiglifh crown, an end was put 
 to the bloody ftruggles, and the contefls in the field, between the Eng- 
 lifh and the Scots. But, at the fame time, a ftruggle of another kind 
 arofe. A controverfy now took place between the two Nations for the 
 advantages accruing from the prefence of the common Sovereign, and 
 the pofleflion of the feat of the government. 
 
 From the king of England now being a Scotfman, from the Scota 
 having given a king to England, after having been able through a long 
 courfe of years to affert their independence, the advantage, as to the 
 article of honour, was undoubtedly on the fide of the Scots. But then 
 the real advantage, in that kind of contention, foon turned out to be in 
 favour of the English, in confequence of the common Sovereign choof- 
 ing to take up his refidence among them : a choice to which he was 
 led by the fuperior importance of the Englilh kingdom ; not to men- 
 tion the more regular government, and greater degree of obedience to 
 royal authority, that prevailed in it. 
 
 Loud complaints foon arofe in Scotland about the ftagnation of their 
 trade, caufed by the removal of the feat of their government, about the 
 draining of their money out of the country, about their being fub- 
 
 je£ted
 
 Si nil tires on the Union with Scotland. p 
 
 jested to Engllfli influence, &c, &c. The English, on the other hand, 
 wanted to keep to thcmfelves all the advantages they had acquired ; 
 they weic befides fomewhat anxious to (hew, that, for being ruled by 
 a Scottilh king, they did not confider themfelves as being become fub- 
 jedts to Scotland. The Englilh parliament refufed to give a declaration 
 for naturalizing the Scots in England, thereby denying them, as far as 
 they could, the benefits of an equal trade; and, above all, a great out- 
 cry was raifed in order to hinder them from obtaining places of profit 
 and truft, and, in fliort, preferment of any kind. — T/jey JJ^all 
 eat our Commons bare and make us lean, foon became to be the jire- 
 tended univerfal apprehenfion. Refleftlons on the poverty of the Scots, 
 refounded from all quarters. And the Scots, in their turn, were not 
 behind hand, we may fuppofe, in alfo devifing national reproaches, and 
 contumelious retaliations, on the Englifli, among themfelves. 
 
 We are informed of feveral of the national refleftions thrown upon 
 the Scots in England, in the very Speeches of King James the Firft to 
 the Englilh Parliament, in which he endeavours, with remarkable good- 
 nature, to anfwer the reproaches that were caft upon the Scottifh Na- 
 tion. He alfo earneftly recommended, in thefe Speeches, an Union of 
 the two Nations : moreover, endeavouring to juftify himfelf on account 
 of the favour he had at firfV fhewn in his Court to feveral of the Scot- 
 ti(h Nobility ; which favour, by the by, does not feem to have been 
 either very partial, or very extenfive. The following is an extraft from 
 one of his Speeches, in the year 1607. " I owe no more to the Scot- 
 *' tiflimen than to theEnglifh ; I was born there, and fworn here ; and 
 " now I reign over both. Such particular perfons of the Scottish Na- 
 " tion as might claim any extraordinary merit at my hands, I have 
 *' already reafonably rewarded; and I can aflbre you that there is none 
 '♦ left for whom I mean extraordinary to ftrain myfelf, further than in 
 ** fuch ordinary benefit as I may equally befcow, without mine own 
 
 C " hurt.
 
 lo BtriElures on the Union with Scotland. 
 
 " hurt, upon any fubjed of either Nation ; in wliich cafe no King's 
 
 " hand fliould ever be fully clofed. To both I owe juuice and pro- 
 
 " tedion ; which, with God's grace, 1 fliall ever equally balance. For 
 
 " my .liberality, I have told you of it heretofore. My three firft years 
 
 " were to them as a Chriflmas : I could not then be miferable. Should 
 
 " I have been overfparing to them, they might have thought Jofeph 
 
 «' had forgotten his brethren, or that the King had been drunk with his 
 
 " new Kingdom. But fuits go not fo cheap now as they were wont. 
 
 " Neither are there fo many fees taken in the Hanaper and Petty-bag 
 
 " for the Great Seal, as hath been done. If I did refped the Englifh 
 
 *' when I came firft, of whom I was received with joy, and came as in 
 
 " a hunting journey ; what might the Scottifh have faid, if I had not 
 
 " in fome meafure dealt bountifully with them, who fo long had 
 
 *' ferved me, and fo fir adventured themfelves with me ? I have given 
 
 " you now four years proof fince my coming; and what I might have 
 
 " done more for raifuig tlie Scottifli nation, you all know. The longer 
 
 •'• I live, the lefs caufe I have to be acquainted with them ; and fo the 
 
 .*' lefs caufe of extraordinary favour towards them." — From the above 
 
 extra£l the reader will perhaps conclude that fufficient juftice has not 
 
 been done to James the Firfl, either as a Speaker, or a Writer. 
 
 However, notwithftanding the fpeeches and exhortations of James, 
 the Englifh Parliament continued fullen and obftinate ; and that Prince at 
 length lound he had no other means toaflift his Scottifh fubjefls, except 
 his prerogative, and his perfonal power to grant preferment, and privileges 
 refpefling trade; which power, in thofe days, was «nder no limitation 
 in regard to individuals. To which it may be added, that he caufed the 
 Judges to give a declaration,' importing, that \\\Q pojl-nati oi Scotlaiid, 
 that is to fay, thofs perfons who were born in that Kingdom after the 
 acceflion of the King to the'Englifli Crown, were of courfe naturalized. 
 The Englifli Parliament had fliewn a reluiftance to declare even that. 
 
 It
 
 StrlElures on the Union with Scotland. 1 1 
 
 It may, at the fame time, be mentioned, as being fome juQification of 
 the condu6l of the Englifh Parliament, that the Scots, in their anfwers 
 or declarations concerning the propofed Union of the two Nations, 
 manifefled too great a determination to adhere to their ou n national 
 diftindtions and inftitutions. 
 
 In the midft of this mutual national rivalftiip and oppofition, King 
 James enjoyed a fecu re power: each Kingdom reciprocally fupplying 
 the means of keeping the other in awe and fubje6llon. 
 
 The Englifh would not, perhaps, have lived fo quiet as they did, 
 under a King that had been fent them from a Nation whom they 
 profeffed to defpife, if that King had not at the fame time derived a 
 capital perfonal weight among them, from the profpe£l of the ailiflance 
 of that fame Nation, who was fettled on their borders, in the fame 
 Ifland with themfelves. 
 
 And the turbulent anarchical fpirit that had ever diftinguifhed the 
 Scots, mufl: needs have been greatly repreffed by a fenfe of the vaffc 
 increafe of the perfonal power of their King ; who, it muft be at the 
 fame time confefled, could not be reproached with having been want- 
 ing in his endeavours to ferve their Nation at large. An idea of the 
 eafy manner in which the King of Scotland was now able to govern 
 his native Kingdom, may be formed from the following paffage, which 
 is extracted from the fame Speech above quoted. 
 
 <* This I muft fay of Scotland, and I may truly vaunt it : here I fit, 
 " and govern it with n-,y pen : I write, and it is done. And, by a 
 " Clerk of the Council, I govern Scotland now, as others could not 
 *' do by the fword." 
 
 The reign of Charles I. exhibited a fcene quite different. The fpirit 
 of reciprocal national oppofiiion gave way, in each Kingdom, to con- 
 cerns of another Nature. An union was now formed between the 
 
 G 2 *' Engli^
 
 la Str inures on the Union with Scotland. 
 
 EiigliHi and Scottifli Nations : It was at the expence of the Royal 
 Authority. 
 
 Hiftorians have obferved that the great internal change of clrcum- 
 ftances that had taken place in England, about the times of Charles 
 the Firft, had rendered the fituation of the King very difficult ; but 
 they have not taken fufficient notice how much this difficulty was far- 
 ther increafed by the acceflion of another Kingdom. To have two 
 Kingdoms to manage at once: the one (Scotland) fiUl of the fpirit of 
 turbulence and reillefsnefs, — and the other perfeftly well difpofed to 
 imitate the example, — was a taflc infinitely beyond the (kill of Charles 
 fuccefs fully to compafs. 
 
 An union, as hath been above obferved, was formed between the two 
 Nations, againft that King. And he may be faid to have been himfelf at 
 fome pains to bring it about. 
 
 The Scots well informed of the difcontents that prevailed in England, 
 where no Parliament had been called for above ten years, and being 
 even fccretl y invited from that kingdom, rofe in arms firll: this was in 
 the year 1639. 
 
 They rofe again in the year 1640. 
 
 The Englifh Parliament, the fame which was afterwards denomi- 
 nated the Long Parliament, was at that time called. The defign of the 
 Kiiig in fummoning that Parliament, was to obtain afliflance againfl 
 the Scots. But the Parliament, when it met, fided with them. They 
 voted pay to the Scottifh army. And it was while that army lay en- 
 camped in the Northern Counties of England, and in a manner under 
 the protedion of the cannon of the Scots, that the Englifli Parliament 
 obtained to be declared perpetual, — that the Earl of Strafford and Arch- 
 biftiop Laud were impeached, — and thofe provifions in general were 
 made (fome excellent, fome otherwife) to which Hiftorians have given 
 the appellation oi the famous motions of the year 1641. It was alfo. dur- 
 ing
 
 Siritlures on the Union ivith Scot J and. 12 
 
 Ing the fame period of the prefe/ice of the Scottifh army, that the 
 Englilh Parllarrieiit began thofe preparations which were loou to enable 
 them to ri(b up in arms in their turn. 
 
 In the year 1642, the civil war began in England. The Scottish 
 army, who had been paid off the year before, but had never been 
 completely dilhanded, again affembled and accepted Englifh pay. 
 They marched into England. And as that army had, in the preceding 
 years, ferved to countenance the political meafures of the Englifh Par- 
 liament, fo it now countenanced their mihtary enterprizes, and flruggles 
 in the field. 
 
 The King, being driven by ill fuccefs to extremity, took his refuge 
 into the army of the Scots, who lay encamped at Newark. But they 
 proved true to their Englifh Confederates, and delivered up the King's 
 perfon to them. 
 
 The evtnts that followed are well known. The King loft his life at 
 Whitehall. The Scots, in the iflue, quarreled with their Englifh Al- 
 lies, or rather with the prevailing party in England. They attempted,, 
 after the death of Charles the Firft, to give affiftance to his Son Charles 
 the Second, whom they proclaimed King of Scotland. They main« 
 tained a doubtful and bloody conflidl for a few years. And they were 
 at length brought under fubjedion to the Englifh Commonwealth. 
 
 In the year 1660 Charles the Second was reflored. The fpirit of 
 national oppofition between the two Kingdoms, became to be again in 
 fome degree revived in his reign. And it contributed to fecure that 
 King's authority, in the fame manner as it had formerly ftrengthened 
 the power of James the Firfi:. The family prepoflefTions of Charles 
 the Second had like, however, to have led him into wrong fteps and 
 dangerous miftakes in his government of Scotland: the Earl of Lau- 
 derdale poiiited out to him what his policy ought to be, in the manage- 
 ment of his two diftindt Kingdoms. 
 
 James
 
 14 SiriBures on the Union with Scotland. 
 
 James the Second had fo little wlfdom as again to unite the two 
 Nations into ferious complaints againft: him. His very remarkable 
 want of policy proved fortunate to both Countries; and he was expelled 
 without any blood being fhed. 
 
 The Englirti Parliament raifed William the Third to the Throne of 
 England, And fo fincere were the Scots in their conjunfllon with the 
 Englifh at that time, fo completely did they forget their national rival- 
 fliip and hatred of Englifh influence and Councils, that they accepted, 
 without hefitation, that King whom the Englifli Nation pointed out 
 to them. 
 
 The Prefbyterian Se£t and party, in Scotland, in fad decided every 
 
 thing in favour of William. The continued prevalence of that party, 
 
 and their remarkable zealous fpirit, during the whole reign of that 
 
 Prince, proved very ufeful for fecuring his power, firft in Scotland, 
 
 and confequencially in England.' The favourable fituation of affairs in 
 
 Scotland enabled him in great meafure, no doubt, to furmount the 
 
 great difficulties he experienced from the reftlefs fpirit by which his 
 
 Englifli Kingdom was influenced, combined with tlie dangerous claim 
 
 that continued to exift upon his Crown, and the fmall degree of love 
 
 that was in general borne to his perfon. 
 
 In the reign of Queen Anne, the fpirit of national antipathy and rlval- 
 fhip again got jppermofl in both kingdoms. One advantageous cir- ^ 
 cumftance at leaf! had followed from the mifconduft of the Kings of 
 the Houfe of Stuart; which was, that the fpirit of antipathy between 
 the two Nations had been in great meafure fet afide, or at leafl- had 
 never been carried to any degree of aftivity, except perhaps during the 
 firft year? of the reign of James the Firft in England. But foon after 
 the acceffion of Queen Anne, the notions of national rivalftiip broke 
 out afrefii, with a degree of vehemence fuperior to any thing that had 
 taken place in any former period. 
 
 The "^
 
 Siriclures on the Union ivith Scotland. i^ 
 
 The fpirit of national oppofitioii Iiad even began to be manlfefted 
 during the laft years of the reign of William the Third. It had been 
 very remarkably exerted in Scotland in the edabliniment they made of 
 that Company that was to form a Settlement at Darien, on the Spanifh 
 Main. The avowed defign of that Company was to enable Scotland to 
 rival the trade and wealth of England in a few years. Tlie project 
 completely mifcarried, after endangering a war with Spain and other Eu- 
 ropean powers, befides behig produdlive of much heat and controverfy 
 between the two Nations. 
 
 Several circumftances concurred in Queen Anne's reign to invite the 
 "exertions of the national oppofition. In the fiifl place, it mud be 
 confefled that the complaints of the Scots, conlidered as a diftin^l 
 Nation and Kingdom, were not without fome foundation : the removal 
 of their Government from its feat among them, was certainly attended 
 with prejudice to individuals. In the fecond place, that .party in 
 Scotland who began about thofe times to build their claims to popu- 
 larity, on their oppofition to England and Englifli councils, were en- 
 couraged both by the confiderable rcfiftance which the Government in 
 England was then beginning to meet from the Jacobite party, and by 
 the- great need in which it ftood of the co-operation and affiftance of 
 the Scottiih Parliament. 
 
 In order to underftand what is here faid of the fitu^tion of the 
 Englifti Government in regard to the Scottilh Parliament, it is to be 
 obferved, that the A6t by which the Crown had been fettled upon 
 Queen Anne, reached no farther than that Princefs and her iifue. 
 After the death of the Duke of Gloucefler, her only remaining child, 
 it became neceflary to make another Settlement. An A61 to that effedl 
 was accordingly pafled about the end of the reign of King William 
 the Third, by which the Crown was fettled on the Houfe of Hanover. 
 But no fuch A(5l was palled in, Scotland. A provifion for fettling the 
 
 Scottilh
 
 i^ 'Slrlclures on the Union with Scotland. 
 
 Scottifli Crown was yet to be made In the beginning of the rciga 
 of Queen Anne ; nor was any Settlement made in fa6l untill the A£t 
 of Union. 
 
 This fituation of affairs gave great advantages to that party in Scot- 
 land who were at the head of the oppofition againil England. The 
 Scottifli Parliament were, in reahty, poflefled of a power legally to in- 
 troduce again the expelled family of Stuarts into Great Britain, ai>d 
 procure a formidable eftablifliment to it. The Son of James the Se- 
 cond, backed with the flrength of a Kingdom that had, for a long 
 fcries of years, proved a match for England, fupported by foreign aux- 
 iliaries, and abetted by one half, perhaps, of the Englifti Nation them- 
 felves, might have been able, after a great effufion of blood, to enrich 
 his followers with Englifli forfeitures. 
 
 The danger was great. It was mofl ferioufly dreaded in England at 
 the time. And the fenfe the Scots entertained of the fituation of pub- 
 lic affairs and of their advantages, caufed the fpirit of oppofition to 
 England, and of national rivalflilp, to be carried, in Scotland, to a degree 
 of vehemence, as hath been above mentioned, much beyond any thing 
 that had taken place in any former reign. The following extradt from 
 Bifhop Burnet's Hijlory of his own Time, will give the reader an infight 
 into the general dilpofition of the People in that Country, at the period 
 we mention. 
 
 •' A national humour of rendering themfelves a free and independent 
 "Kingdom did fo inflame them, that, as there were a majority of 
 *' feventy in Parliament on their fide,, they feeme^l capable of the mofl: 
 
 ** extravagant things that could be fuggefted to them* All was 
 
 " carried with great heat and niuch vehemence ; for, a national hu- 
 « mour of being independent on England, fermented fo fliongly among 
 " all forts of people without doors, tliat thofe who went not into every 
 
 * Burnet's Iliilory of his own Time, Vol. V. p> 164. 
 
 6 *' hot
 
 SiriBures on the Union wii/j Scotland. i^j 
 
 *< hot motion that was made, were looked on as the betrayers of their 
 « Country ; and they were fo expofed to popular fury, that fome of 
 <* thofe who ftudied to flop this tide, were brought in danger of their 
 " lives. The Preibyterians were fo overawed with this, that thougli 
 *' they wifhed well to the fettling the fucceflion, they durft not openly 
 <* declare it. The Dukes of Hamilton and Athol led all thofe violent 
 ** motions; and the Nation was ftrangely inflamed *." 
 
 This difpofition of men's minds in Scotland alfo became to be far- 
 ther encouraged by the doubtful ftate of the war in which England was 
 at that time engaged againfl France, which, in the beginning of it, was 
 looked upon as doubtful, and very dangerous, on account of the confe- 
 quences which misfortunes might have produced at home, and of the 
 affiftance which France, if fuccefsful, might have been able to give to 
 the Stuart party. 
 
 The Leaders of the Scottish oppofition came at once to meafures of 
 great violence. A Parliament was fummoned in Scotland in the year 
 170^. A letter from the Queen was read, defiring them to provide for 
 the fettling of the Crown in their Country, in cafe the Queen fhould 
 leave no ifi'ue ; and the Settlement that had paffed in England was 
 propofed. 
 
 Inftead of adopting this, the Scottifli Parliament refolved that pro- 
 vlfions fhould firft be made for fettling the rights and liberties of the 
 Scottifh Nation, independent on EngliQi interefts and councils ; and 
 moreover declared, that, until thefe provlfions were agreed upon, the 
 Succeflbr to the Scottilh Crown fhould not be the fame Perfon that was 
 polfeffed of the Crown of England : they alfo added other articles to 
 their regulations, by which the whole authority of the Crown in Scot- 
 land was to be transferred to the Parliament, or to a Council named by 
 i-t, which was to govern during recefs. 
 
 * Vol. V. p. 227. 
 
 D The
 
 i8 Stridlures on the Union ivith Scotland^ 
 
 The Ad was rejedted by the Queen, 
 
 It was refumed the followhig yeiir (1704) with IXiych the fame 
 claufes, efpecially in regard to the fettling.of the Cjcown. .The Miniftry 
 in England, overawed by the fituatiou, of affiiirs both in SQOtla^nd and 
 abroad, and in England too, advifed her Majefty, at that time-, to give 
 her confent to tlie Aft. None of thofe great fuccefles, that ended after- 
 wards in crufliing the power of France, had been yet ob.tained at fche^ 
 time of pafling the A£t of the Scottifh P;arliameni w€ i^entiot; *. 
 
 This A£t was called in Scotland the ASi cf Security. It wa^ in i^eaw 
 lity a Bill of exclulion againft the Pofleffor of the Crown of England, 
 Provifions of an aftually hoflile nature had been alfo added to this Adl ; 
 for, by one of the articles, an order was made for arming and train-, 
 ing the Subjeds, and putting them in a pofture of defence. 
 
 The Englifh Parliament having met not long afterwards, the Lords, 
 addreffed the Queen, " That fhe would give orders for fortifying NeiC'^ 
 cq/i/e, Berwick, Carlijle, and Hull, and that the Militia of the four 
 " Northern Counties might be provided with arms ; and that a com- 
 «' petent number of regular troops might be kept upon the northern 
 "borders of England,, and in the north of Ireland -f ; and that the 
 "Jaws might be put in execution againft the Papifts." 
 
 A Bill was paffed a few weeks afterwards in both Houfes, which was 
 intitled. An ASl for fecuring the Kingdom of Rnghnd from the dangers 
 that might arifc from fevered Ails lately faffed in the Parliament of 
 Scotland. 
 
 By it it was enacted, that the Natives of the Kingdom of Scotland 
 Ihould be reputed as Aliens, unlefs the Succeffion to the Crown of 
 Scotland be fettled on the Princefs Sophia of Hanover, and her Heirs, 
 being Proteftants. Provifions were alfo made for intercepting the 
 trade from Scotland to thofe Countries that were at war with England : 
 (it may be obfcrvcd that the Scots had expreflly paffed an Ad for 
 
 * Sec Burnet, aniio 1704, t Bcing^expofed to invafion from Scotland. 
 
 Trade
 
 SlyiSiures 6n the Vnton nv'ith Scothmd, 19 
 
 Trade with France) ; and Chriftmas of the following year was the day 
 fixed for the A61 to take place, unlefs, as is above faid, the Scots chofe 
 "before that time to fettle the Crown on the Houfe of Hanover, The 
 fame A£l alfo empowered the Queen to name Commiliioners for a 
 Treaty of Union. 
 
 By the two oppofite A<fls of the EngliHi and Scottifh Parliaments 
 that have been above defcribed, war was in faifl declared between the 
 two Countries : only aftual hoftilities were poftponed to the enfuing 
 year; the militia was, in the mean time, training on both fides; and 
 Ihips of war were moreover fitting out in England, for cruizing againft 
 the Scots trade. 
 
 Wife and moderate Men in both Countries began to wifh more 
 ferioufly than had been done at any former period, for a more perledl 
 union of the two Nations than that which the union of the two Crowns 
 had been able to efFe<3:, 
 
 It is at the fame time to be obferved, that a very great change had 
 now taken place in the fituation, both of Englifh affairs, and of the 
 Englifh Government. The very remarkable and decifive fucceflfes 
 which the Englifh armies, and thofe of their Allies, had met with on 
 the Continent, completely difcouraged the difaffedled party at home, 
 and operated as a bar to that faftion in Scotland who were for running 
 to extreltii'ties'againfl England. The armed power of England, both 
 by fea and land, had been carried to fuch a prodigious degree, in con* 
 fequence of the important war fhe was engaged in, that Scotland, as a 
 diflind rival Kingdom, had no profpe£l of fuccefsfully oppofing it by 
 military exertions. France, from whom Scotland might have expedled 
 affiflance, was now totally fallen from that fituation in which fhe flood 
 a few years before, and unable to fpare any competent force from the 
 defence of her own frontiers. All the other powers of Europe, within 
 reach of afiifling Scotland, were in clofe alliance with England. That 
 party in Scotland who headed the oppofition againfl England, and had 
 ^ D 2 exerted
 
 20 Stridlures on the Unm ivith Scotland, 
 
 exerted themfelves for fome years in obflru£lIng every Engllfh meafurr, 
 and defeating the projeft of an Union, was therefore under a feriou* 
 neceffity to give way. The propofals made by Queen Anne, for ap- 
 pointing Commiffioners from both Countries to treat of an Union of 
 the two Kingdoms, were now liftened to; and an Ad for that purpofe 
 was pafled, after fome ftraggle, in the Parliament of Scotland, in the 
 lame manner as it had been before in the Engli(h Parliament. 
 
 The firfl: and eflential objedt for which the Treaty we mention was 
 entered upon, was the Union of the two Kingdoms, by incorporating 
 the two Parliaments into one. James the Firft is mentioned by Hifto- 
 rians, in loofe general terms, as having endeavoured to efie£t an Union 
 of the two Nations. Yet, it does not feem that he meant any thing 
 more than a reciprocal naturahzation of the Subjcfts of both Countries : 
 DO mention was made by him of aa incorporation of the two Parlia- 
 ments together i it might even be proved, perhaps, that he did not wifli 
 for it. The only a£bual propofal for fuch an incorporation, previous to 
 the year 1706, was made in the year 1670, in the reign of Charles the 
 Second. Commiffioners from England and from Scotland met at 
 Whitehall, to treat on that fubjeft; but as there was no great earnefl,- 
 nefs on either fide, nor in the King himfelf, to fee the projedl fucceed, 
 it was foon given up. The Scots made too high demands : and the 
 Englifti Commiffioners did not propofe any medium or ahatement., 
 
 King William had fome thoughts of an Union between the two 
 Kingdoms. He probably meant an. incorporation of the two Parlia?- 
 ments. But he was not very anxious to. bring this Union to a conclu- 
 fion ; he having only mentioned it in one of his fpeeches, as a thing 
 proper to be done at fome future time. 
 
 In the very beginning of the reign of Queen Anne the proje£l was 
 again taken up. In. her firft fpeech after her fucceffiion (in, the be- 
 ginning, of the year 1702) (he recommended an Union of the two King; 
 doms; and an A>Sl for empowering her to name Commiffioners for Engr 
 
 land-j
 
 SlrtSiures on the Union with Scotland. 2i 
 
 land was pafled. The prevalence of that violent party fpirit that has been 
 above defcribed, continued to obftrudl, efpecially in Scotland, tlie accom- 
 plifliment of the defign for fome years. At length, in the year 1706, 
 effedual fteps were entered upon for framing a Treaty ; and Commif- 
 fioners met at Whitehall for that purpofe. They were thirty-two from 
 each Country ; all named by the Queen : the Scottlfli Parliament hav- 
 ing given up the claim they had till then infifted upon, to name their 
 own. Commiffioners. 
 
 Thefe Commiffioners agreed about articles. Thefe Articles were 
 ratified by the two Parliaments of England and of Scotland ; and 
 formed the Treaty by which the two Kingdoms became United. 
 
 The Articles, in favour of the Englifh in that Treaty, were, 
 
 I. That by which it was enaded that the Englilh Parliament fhould 
 be fole Parliament for Great Britain, and that the Reprefentatives of 
 Scotland fhould come and incorporate with it. 
 
 II. The Crown of Scotland was fettled on the Houfe of Hanover^ 
 being at the fame time for ever annexed to the Crown of England. 
 
 III. Scotland was made fubjed to the paying, in future, the fame 
 taxes as were to be laid in England (fbme limitations excepted). 
 
 The Articles, in favour of Scotland, were, 
 
 I. A complete and perpetual naturalization of Scottifh fubjedls in. 
 England.. 
 
 II. The whole tax upon land, in Scotland, colledlvely taken, was 
 fettled for ever to be only the fortieth part of the amount of the fame 
 tax in England (the exa£l rate is as 48 to 2000). 
 
 HI. The Scots were allowed to fend forty-five Reprefentatives to the 
 Parliament of Great Britain, and fixteen to the Houfe of Peers: in all' 
 fixty-one. It may be obferved that Edward the FirfV, during the fliort 
 time he was mafter of Scotland, and during the forced Union he theni 
 made of the two Kingdoms, had allowed the Scots only ten Reprefen- 
 tatives: that number was accordingly fent; the Reader may fee their 
 6 names
 
 22 StriSlures on the Umott ivUh Scoiliind. 
 
 names In the Parliamentary Hijlory of England. And the Englifh 
 Commonwealth had allowed the Scots only thirty Reprefentative?, 
 when a fecond forced Union of Scotland took place, after the conqueft 
 that was made of it by Cromwell and his Generals. 
 
 IV. The Peers of Scotland were allowed to enjoy in England all the 
 privileges of the Englifh Peerage, and precedence over all Peers of Great 
 Britain created after the Union : the right of voting in Parliament, and 
 of fitting upon the Tryals of Peers, excepted ; thefe latter rights being 
 confined to the fixteen Deputies fent by the Scottifh Nobility. 
 
 Since the Treaty of Union, fome farther regulations concerning Scot- 
 land have been made by the Parliament, which it may not be amifs to 
 mention here. 
 
 In the firft: Place, the Privy Council of Scotland was abohflied foon 
 after the Union : it had been left in the power of the Parliament of 
 Great Britain to continue, or fet it afide. 
 
 About four years after the Union, it was refolved in the Houfe of 
 Lords, tliat Scottish Peers, created Peers of Great Britain fince the 
 Treaty, were not to be admitted to lit, or vote, in that Houfe : the 
 Duke of Hamilton, who was created Duke of Brandon in the year 
 171 1, was accordingly not allowed to take his feat. The refolve was 
 grounded on the flriul letter of the A£t of Union : only fixteen Scottifh 
 Peers were to vote. This conflrudlion had fome fpirit of jealoufy in 
 it: it put the Scottifh Peers in a more difadvantageous lituation in 
 regard to receiving honour from the Crown than Scottifh Commoners, 
 who were undifputably allowed to be capable of being called to the 
 Houfe of Peers by the Crown. Tliis refolve was altered a few years 
 
 ago. 
 
 The eldefl Sons of Scottifh Peers were alfo to be excluded from a feat 
 in the Houfe of Commons. A vote to that effedl was pafTed in the 
 year 1710: it was grounded on the exclufion that was alfo formerly 
 
 given
 
 StriSlures on the Vnion ivlih Scotland. 23 
 
 given to them ip the Parliament of Scotland. This vote has been fet 
 ^ide not many ye^ns fince. 
 
 la the year 1709 an A£l was pafTed for making treafons and the 
 tryal of them the fame in Scotland as. in England. The law of Scot- 
 land was more arbitrary. By the A<51: abovementioned a Grand Jury 
 is to find the Bill, and the Petty Jury are to be unanimous in their 
 verdi£l. The law is not fo in Scotland in cafes diiferent from treafon : 
 they have, for inftance, no Grand Jury in cafes pf ordinary criminal 
 profecutions. 
 
 Laftly, the Heretable Offices, Superiorities, Heretable JiirifdiSlions, and 
 Jurifdicfions for Life, whicli conferred a power of life and death on a 
 very great number of petty Lords and Chieftains, in Scotland, in their 
 refpe£tive difl:ri£ts, were fet afide by an Adl of Parliament pafl'ed in the 
 year 1746. The continuation of thefe tyrannical perfonal privileges 
 and Jurifdiftions, had been exprefsly flipulated in the Atft of Union.:, 
 it being the 2,0th Article of it.. However, the Parliament thought that 
 the juftice and national importance of the provifion were to juflify the 
 infraction made by it to the Treaty of Union. The oppofition ralfed: 
 by the Proprietors of thefe Jurifdidions was overruled : and they were 
 compelled to receive a compenfation in money : it was faid that only 
 their property was meant to be fecured in the Adl of Union. Mofl: of 
 the People of Scotland might be faid, in fa£l, to have acquired no indi- 
 vidual freedom, nor even advantage, by the Treaty of Union,, until the 
 palhng of the AiSl we mention.. The feudal Tenures of land by ward- 
 holding and Knight-fervice, together with their incidents and cafualties^ 
 which were another fource of oppreflion upon a numerous clafs of in- 
 dividuals, were alfo aboliflied at that time. 
 
 The general advantages which accrued to each Kingdom, refpec- 
 tively, from the Act of Union, may be fummed up as follows : 
 
 England, by the Treaty of Union, acquired the advantage, That an 
 extenfive inlet and fettlement for foreign enemies was fhut. Land hof-- 
 
 tilJties •
 
 24 Strictures on the Union with Scotland. 
 
 tilities and warfare were at the fame time put an end to, through the 
 whole ifland. And England found herfelf fenced by the Sea on every 
 fide. 
 
 At the period itfelf in which the Union took place, England derived 
 from it the capital prefent advantage of excluding from every part of 
 Great Britain, a family that had a mod dangerous claim upon her 
 Crown : a claim which continued to be refpefVed by a very numerous 
 part of her own People. The A£t of Union was to prevent the re- 
 newal of thofe fcenes which had attended the ftruggles between the 
 Houfes of York and Lancafter. 
 
 Scotland, being likewife confidered as a feparate Kingdom, acquired 
 by the A£t of Union, all the advantages of Englifh trade and naviga- 
 tion. She cannot, perhaps, be faid to have been gainer in regard to the 
 rate according to which (he bears the burden of public taxes; though 
 the cafe is generally reprefented fo. Scotland now pays the fame ex- 
 tenfive excifes, cuftoms, and ftamp duties, that are paid in England. 
 She is eafed in regard to the land-tax ; but that is no extremely confi- 
 derable objeft, in comparifon to the whole of thofe abovementioned. 
 It may at the fame time be faid, mofl: likely with truth, that the in- 
 creafe of both their internal trade and their navigation, does more than 
 enable Scottifh fubjeds to bear their increafed burden. 
 
 Scotland has acquired the fame advantages as England, as to perpe- 
 tual peace within the whole Ifland in which fhe is fituated. The abo- 
 lifhment of the fpirit of rivalfhip againft the neighbouring Kingdom, 
 may alfo perhaps be reckoned as an advantage in favour of Scotland. 
 At the time when the Union was efteded, England had fo mightily 
 increafed her national power and ftrength, in confequence of the 
 changes that had of late years taken place in the politics of Europe, 
 that Scotland, as a feparate Kingdom, was left behind, out of all pro- 
 portion in that refpedt. A fpirit of national flruggle and oppofition, 
 
 and
 
 Stn^ures on the Union with Scotland. 2q 
 
 and notions of rivalrtiip, could not, in future, be produdive of happi- 
 
 nefs to any individual in Scotland, 
 
 And laftly, the Scots, through the A6t of Union, have gained the 
 advantages of greater individual freedom, and of a better Government 
 among themfelves. 
 
 As a conclufion it may be added, that the Union of the two Nations 
 was followed by a circumftance very favourable to the full fettlement 
 of that new model of Government which was introduced by it. A few 
 years after the Treaty took place. Great Britain became at peace with 
 France and the whole world, and continued fo till about the year 1 740, 
 that is for thirty years ; two contefts of fliort duration with Spain ex- 
 cepted. From the year 1740, to the year 1775, or thereabouts, when 
 the American ftruggles began, Great Britain was engaged in no fo- 
 reign war, but what ferved to ftrengthen her internal Government, in- 
 flead of weakening it. This was a fpace of full fixty years fince the 
 Union : a fpace of time long enough, though not perhaps too much fb, 
 for rooting out fuch violent prepoffeffions and affeflions for certain 
 .models of Government, as are chiefly grounded on party-fpirit. 
 
 ^t 
 
 IRELAND.
 
 i6 StriSiures on the Jiate of Ireland. 
 
 IRELAND. 
 
 IRELAND forms the third branch, or limb, of the Britifh domi- 
 nions in Europe; and though a feparate Ifland, lies fufficiently near 
 Great Britain, to be confidered as an adjacent Country. 
 
 There feems, however, to have been little intercourfe between Ire- 
 land and England, previous to the reign of Henry the Second. There 
 is no account left of any English Settlement having been made in that 
 Ifland before that period ; though feveral Colonies of Norwegians and 
 Danes, were found, who had formerly fettled on different parts of the 
 coaft. They chiefly inhabited the environs of Waterford and Lane- 
 rick, and were in fubfequent times called OJlmen by the EngliHi. 
 
 In the reign of the Prince abovementioned, Henry the Second, aa 
 attempt on Ireland was made for the firft time, from the Engijfli qoafi'^ 
 Hiftorians have given to the expedition from England that then took 
 place, the name of Conqueft of Ireland : they have afcribed the ho-- 
 nour of it to King Henry the Second; and have moreover conferred 
 upon him and his Succeflbrs from that period, a rightful cbim. to the- 
 dominion and obedience of Ireland and its Inhabitants. 
 
 The fadl is, however, that only a Settlement was made on the Irllb 
 ^oafl, of the fame nature as thofe whicli have been formed fince on the 
 coafts of Africa, Afi3, or America. The firll: Adventurers were two* 
 private Gentlemen, Fitz Stephens, and Fitzgerald. They crolled the- 
 Irifh channel with about three hundred men; and they were foon aftec 
 followed by Earl Strongbow, with twelve hundred more. 
 
 If the Irifh had been united under one King, or common Leader, as 
 the Scots were, when Edward 1. attempted the Conquefl; of Scotland, 
 
 or
 
 St'rlSHires en the Jlate of Ireland. i^- 
 
 or If the Englirti adventurers had, on their firft landing, alarmed the 
 whole Irifh Nation, by loudly proclaiming a defign of unlverfiil indif- 
 criminate invafion and dominion, as the fame Edward the Firft did 
 it is not to be doubted that tliey would foon have been overpowered 
 by numbers, in the fiime manner as the Englifh ganifons left by- 
 Edward the Firft in Scotland, were overpowered and diiven out of tho 
 Country. 
 
 But Ireland, at the time we are fpeaking of, was divided into a very- 
 great number of independent dillridts, that had little more conne6tioa 
 with each other than what arofe from mutual neighbourhood. And 
 thofe Irifh who lived on the Northern or Weftern fide of the Idand, 
 did not care much who inhabited, or made fettlements, on the fouthenx 
 or eaftern coaft. 
 
 The Englifli adventurers, befides, found friends in the Country to 
 whom they were welcome, as hath been the cafe in all the Settlements 
 made by Europeans in remote parts of the World : they even had been 
 exprefsly invited by an Irlfli Chieftain who was pofTefled of the oppofite 
 Ihore (his name was Mac-Dermot) : they were to aflift him in a war 
 in which he was then engaged ; and Earl Strongbow was to marry his 
 daughter. 
 
 The military operations of the little Englifh army, and of the Irifli 
 Ally who had invited them over, proved fuccefsfulj and the Adven- 
 turers were rewarded for their afiiftance by having lands allotted to 
 them in the Country. They formed a Settlement, or Colony, in the 
 neighbourhood of Dublin. 
 
 The report of the advantages which Fitz Stephens, Fitzgerald, and 
 Earl Strongbow, had met with, reached England. A few more adven- 
 turers followed, in order to partake of the fuccefs ; and among them 
 at length, was no lefs a perfon than King Henry the Second himfelf, 
 who chofe to come over, to give countenance to the Colony" formed by 
 feis Suhjeifls. This Prince proved ftill more welcome to the Irilli than 
 
 E z the
 
 28 StriSlures on the Jlate of Ireland. 
 
 the Adventurers who had preceded him. As he had brought only five 
 hundred men with him, he caufed no alarm. The IriOi Chieftains 
 were flattered to fee fo important a Man as the King of the great Ifland 
 that lay on the oppofite fide of the channel, to have come among them 
 to pay them a vifir. They reforted to him from feveral parts of the 
 Country, and were proud to make alliance and treaties of amity with 
 him; fome even agreed to pay him an annual tribute, for the honour of 
 his future countenance and correfpondence. It may be obferved, that 
 Henry the Second gave the IriHi Chieftains the title oi Kings % and 
 fthis ftile continued to be ufed by his Succeflbrs fo late as eighty years 
 afterwards, if not later: the following expreffions are to be found in a 
 letter fent by Henry III. to one of thefe Irifli Chieftains. " The King 
 •' to King Thomond, greeting." (Rex, Regi Thomond^ falutem.) 
 
 Henry the Second, after flaying about five months in Ireland, with- 
 drew, well fatisfied with his expedition, and leaving his Subjedls iiv 
 pofleffion of fome diftridls on the eaftern coaft. Such was the firft 
 fettlement made by the Englifh in Ireland, and the firfl: origin of the 
 prefent dominion of the Englifh Crown over that Country, 
 
 From the time we mention, till the 36th year of the reign of Edward 
 the Third, that is, during a fpace of an hundred and fifty years, no at- 
 tempt was made from England to extend the pofleffions that had been 
 acquired in Ireland. At the period we mention, the Englifh Settle^ 
 ment, that is, that part of it which was governed by the Englirti Law, 
 and recognized the King's authority, was not extended beyond what 
 ' 5t was in the beginning. It was rather the reverfe; and the jE«^/^ 
 Pale, as it was called, only reached, at the time of King Edward III. 
 to a few miles around Dublin ; though an hundred and fifty years^ 
 as is abovefaid, had elapfed fince the firll fettlement. 
 
 This flraitening of the EiigUfli Pale had been owing to two caufes. 
 
 In the firft place, the hoftilities committed by the Settlers againll the dif- 
 
 ^ trlds-
 
 StriSlures on the Jiafe of Ireland. in 
 
 tri<5i:s by which they were furrounded, had ralfed an alarm and a con- 
 federacy agahifl: them, which the firft Adventurers did not meet with. 
 
 In the fecond place, the fuccelTors to thofe perfons of Enghfh blood, 
 or race, who had obtained lands at fome diflance up the Country, had 
 gradually renounced their dependance on the primary Settlement, as 
 they ceafed to want its fupport : which has been the cafe with all Co- 
 lonies, whenever they have ceafed to derive advantage from a con- 
 nection with the Mother Country : and they had even in procefs of 
 time adopted the drels, the language, and the laws, of the native 
 Irilh. 
 
 Thefe Englifh families, now transformed into Irifh inhabitants, 
 were moreover particularly jealous to oppofe the extenfion of the P^/r, 
 and the farther fpreading of the EngliHi law. They held their lands by 
 IriOi tenures, and by the Brehon or Irifti law ; which, in regard to mat- 
 ters of defcent, totally differed from the law of England. Now, if the 
 Englilh law had been fuffered to prevail, they muft have been difpof- 
 feffed, and compelled to give up their lands to other perfons. In order 
 to fecure themfelves ftill farther, znd more completely difclaim any con- 
 Be(Stion with the Englifh law, they had even affumed Iiifh furnames^ 
 fuch as Mac-Ton's, Mac-Morice^ Mac-Gibbon, Sec. 
 
 At the period we have abovementioned, the 36th year of the reign 
 of King Edward III. an expedition into Ireland was projeded in Eng- 
 land. The Leader was Lionel, Duke of Clarence, lecond Son to the- 
 Kiiig. The motive that induced this Prince to undertake the expedi- 
 tion, was this. He had married the heirefs to William Bourke, fur- 
 uamed the Red Earle, the greateft landholder among thofe perfons of 
 Englifh blood who had fettled up the Country, and rendered themfelves 
 independent on the Englilh Pale and Government. After the death of 
 the Red Earle^ the next m.ile heirs had claimed his eflates, conformably 
 to the Irifli law, and had parcelled them among themfelves ; which 
 was alfo conformiible to the fame law. Duke Lionel claimed thefe 
 
 fame
 
 ^o Sir inures on the Jl ate of Ireland* 
 
 fame lands In right of his Wife, grounding his claiiti on the English 
 Common law ; and his coming over to Ireland, was in order to expel 
 that Tribe, or Sept, or Family, or Clan, who had put themfelves in pof- 
 leffion of them. 
 
 The expedition was, in fafb, undertaken againft the Irifti law, and 
 all thofe perfons of Englifli blood who had adopf^d it. Duke Lionel 
 even ufed fo little policy as openly to avow his hoftile intentions in 
 general, and forbade all perfons of Englifh race to approach his camp. 
 He accordingly met with an nniverfal oppofition out of the limit of 
 the Englifli Pale ; and as he had only brought an inconfiderable force 
 with him, he was compelled to withdraw. Before he finally left the 
 Country, however, he held a Parliament at Kilkenny, while he was 
 encamped there ; and got that famous Statute to be palled which is 
 known by the name of the Statute of Kilkenny, 
 
 This Statute is very remarkable: the above account of Duke Lionel's 
 expedition has been purpofely given, in order to have an opportunity 
 to lay the principal articles of that Statute before the reader : it (hews 
 that tyrannical laws are an old evil In Ireland. 
 
 It was recited in the preamble, that the Englhh of the Realm of 
 Ireland, before the arrival of Duke Lionel, were become mere Irifh in 
 their language, names, apparel, and manner of living; had rejeded the 
 Englifh law, and fubmitted to thofe of the IriHi, with whom they had 
 united by marriage-alliance, to the ruin of the general weal. It was 
 therefore ena£led that marriage, and gofllpred, with the Irifli, (hould 
 be punished as high treafon. If any Man of Englifh race fliall ufe an 
 Irifli name, the Irifli language and apparel, or ride without faddle, &c. 
 his tenements fhall be fcized. U any one claims the Irifli or Brehon 
 Jaw, he fliall be adjudged a Traitor. It was made penal for perfons of 
 Englifh race, to allow the Irifh to creaght or graze upon their lands; 
 or to entertain any of their Mmarels, Rhymers, or News^tellers, &c. 
 &c. 
 
 This
 
 Sir/Slures on the Jtaie of Ireland, ^r 
 
 This Statute of Kilkenny has been greatly praifed by Sir John Davis, 
 
 and other Writers, on account of its tendency to reform the degenerate 
 
 EnglLfh : tliis was the ufual appellation given to thofe Englifli who, 
 
 after fettling up the Country, had adopted the Irifh laws and cufloms. 
 
 The fa6t is, that it was no more than a peevifh and revengeful expref- 
 
 fion. of the refentment Duke Lionel ftlt from the oppofitlon he had 
 
 met with, and the lofs of thofe lands he had come over to claim. The 
 
 Statute was not to have any obedience paid to it, out of the fmall com- 
 
 pafs of the Englifli Pale» It was, in reality, a declaration of perpetual 
 
 war againft thofe perfons and Chieftains of Englifh race, who were 
 
 fettled up and down the country, and had been, more or lefs, neceffi- 
 
 tated to adopt the Irifh cufloms aad laws.— Thus ended the fecond. 
 
 expedition into Ireland. 
 
 The third expedition was undertaken not long afterwards, by King- 
 Richard the Second. This Prince landed in Ireland with a very con- 
 fiderable army : but he does not feem to have entertained any ferious 
 defign ; any defign, iu fliort, except tliat of a fplendid excurfion and 
 aaiufement. 
 
 The Iriih Chieftains afled in regard to Richard in the fame manner 
 as they had done with Henry the Second. Though they were un- 
 willing to give up their lands and cattle to foreign adventurers, and to 
 adopt laws which they neither underftood, nor were ufed to, they were 
 proud to fee an Englifli King among theai. As Richard was willing 
 to exhibit his greatnefs and. magnificence to them, fo, they were de- 
 firous to diiplay their coufequence and their urbanity.. They flocked 
 to the King's Court from all quarters. No lefs than feventy-five inde- 
 pendent Iri(h Chiefs the King admitted to his perfon, and entertained 
 with great fplendour. The Earl of Ormond, who fpoke die Irifli lan- 
 guage, and Henry Cafl:il, who had married an Irifli Lady, officiated as 
 Interpreters. Four of the Chieftains, O'Nial, O'Connor, O'Brien, and 
 Mac-Murchddy were feated at the King's table, clo:hed in robes of 
 
 Hate^
 
 2 Stridlures on the Jlate of Ireland. 
 
 ftate. Some were knighted. They, at firft, objected to the offer ; al- 
 ledging that every Irifh Lord, or King, was knighted, or made a war- 
 rior of, when feven years of age: but being told that they were now 
 to be made fo, conformably to the pradice adopted among all the fa- 
 mous Nations of Europe, they fubmitted to the ceremony with much 
 gratitude. 
 
 It is to be obferved that all thefe favours were (hewn only to native 
 Irifti Chieftains. During thofe feafts and entertainments which the 
 King continued for fome time to carry on at Dublin, the degenerate 
 Enolifh, great and little, kept at diftance : none durft come near 
 Dublin or the Courts They were under the terrors of the Kilkenny 
 Statute. However, the young King was not come over with a defign 
 to fhew feverity to any perfon. He obferved, witla good-nature, in 
 regard to the degenerate., or rebel., Englifh, that they had poffibly re- 
 ceived but too much provocation ; which had driven them to feek for 
 the alliance of the Irifh. After flaying fome months, Richard thought 
 of putting an end to his magnificent journey ; and he departed, with- 
 out having increafed the Englifli Pale and the fphere of the Englifh 
 laws, or having manifefied any intention about it. 
 
 From the reign of Richard the Second no exifnedition was attempted 
 from England into Ireland, till the reign of Queen Elizabeth ; in the 
 latter years of whofe reign Ireland was univerfally fubdued by force, as 
 will be mentioned hereafter. 
 
 During this whole period, which contained about two hundred 
 years, a conflant ftate of warfare continued to take place between the 
 Englifh Colony or Pale, a:id the whole Country befidesj with fome 
 intervals however of intermiflion, as to adual Iioftilitles. 
 
 The Colony were at confla!;»t war with the native Irifh, in confe- 
 quence of their colonial laws and provlfioiis, according to which the 
 Infh were confidered as perpetual Outlaws. The Courts of Juftice 
 er.eifled within the Pale, allowed them no remedy in cafes of trefpafTes 
 
 committed
 
 Stri^uns on the Jlale of Ireland. 23 
 
 committed agaiiift them ; nor did they adjudge puniflimcnt for flaying 
 a native Irifh *. 
 
 The Colony were in a flate of perpetual war with the degenerate 
 Knglifli, in confequence of the Statute of Kilkenny, wliich, as hath 
 been above recited, had made llich degeneracy HigliTreafon and Death. 
 The impotency of this Statute, and in general the iinpolicy of the 
 meafures purfued by the Directors of the Colony affairs, both in regard 
 to the native Irifh, and the degenerate Englifli, foon became confpi- 
 cuous. An alliance and confederacy took place between thefe, of a 
 clofer nature than formerly. And the confequence at length was, that - 
 the Settlement became to be fo flraitened, that thofe who were pof- 
 fefTed of land on the borders, were necefiitated to buy peace from the 
 furrounding Chieftains, having agreed to pay them an annual ftipend, 
 v/hich became to be a fettled tribute, known by the name of Black- 
 rent. 
 
 Notwithflanding its weaknefs, the Englifh Colony continued how- 
 ever to exifl, — partly becaufe it was well known, that, had an univer- 
 ial combination taken place to efFeft its final expulfion, it would have 
 received fufiicient afli fiance from England to make the attempt both 
 difficult and dangerous, — and partly, becaufe the Settlement was, in 
 itfelf, equal in point of flrength to any of the numerous Lords, or 
 Chieftains, who domineered over the Ifland. The Colony, in fa£t, 
 continued to defend itfelf by the fame means which thofe Chieftains 
 
 * When a Man had been killed, and the accufed party pleaded that the Man was an 
 Triih-man, the cafe was brought to the iflue whether the Man killed was of Trifli, or 
 Englifh, race. Sir John Davies has quoted two curious Latin records. By the -firn; it 
 appears that one IVilliams, who had killed 6-ne Roger, obtained his quietus, on proving 
 that this Roger, notwithflanding the Englifh name he had alTumcd, belonged to the 
 \n{h Sept, or Tribe, furnamed O'Hederifcals. The other record gives tlie inflance of 
 one Laureyu, who was fentenced to be hanged, for killing one Galfred Dovedal, who was 
 proved, on the tryal, to be of Enghlli race. See Davia, p. iii, ua. 
 
 F 11 fed
 
 34 St figures on the fate of Ireland, 
 
 ufed among themfelves : that is to fay, by making alliance at fbmc 
 times with feme of them, and at other times with others ; whether 
 they were Iri(h, or degenerate English : occafionally fetting afide the 
 provifions relative to the Irifry, and forgetting the Statute of Kilkenny, 
 as circumllances made it necefl'ary. 
 
 On the other hand, there were reafons why the Englifli Colony did 
 not extend their acquifitions, nor availed themfelves of the advantages 
 they might have perhaps poffefled to that effe£l. 
 
 In the firft place, they continued to receive no afliflance from Eng- 
 land, whofe Government was either engaged in Continental and Scottifh 
 expeditions, or was diftrafled at home by rebellious infurreflions, and 
 civil wars^ 
 
 In the fecond place, the Eiiglifh Colonics began in time to quarrel 
 among themfelves, in their own diftrii^:. In the fame manner as a di- 
 vjfion had in former years been effeded between Englifh Subjects, and 
 the degenerate Englilh, fo a divifion now took place in the Colony, 
 between Englifli Subje£ls of race or blood, and Enghfli Subjects of 
 birth, that is, thole who were born in England, and had lately 
 emigrated, or rather immigrated, into Ireland. Their difTentions went 
 even fo far, that two oppofite Parliaments were once to be feen fit- 
 ting in different places, anathematizing each other, and promulgat- 
 ing oppofite contradiftory laws, to be obferved by Englifli Subje£ls in 
 Ireland. It may be obferved that fome of the EngliOi Subjects of blood 
 were pofTelfed of confiderable independent diftrifts out of the limit of 
 the Pale, which enabled them to oppofe by main force the Government 
 of the Colony, and even fometimes to attempt to call diftindl Conven- 
 tions or Parliaments. The moft confiderable among them were the 
 Earls of Ormond, and of Defmond. 
 
 The Inhabitants of Ireland had therefore, in procefs of time, become 
 to be divided into four different Claffes : — The Irifry^ or native liifh; 
 the degenerate Englifh; the £ngh(h Subjeds of blood, fome of them, 
 
 as
 
 SlridJures on the f.ate oj Ir eland, aj 
 
 as hath been above obferved, pollcfled of confiderable independent 
 power; — and the Englifli of birth, who were chiefly fupported by the 
 Government. 
 
 In the midfl: of the connplicate quarrehng, and promilcuous multi- 
 phed warfare, that took pL^ce between tliefe four CJaffei, or then- 
 Leaders, the Enghfti Colony, or Settlement, continued to exifl: fo|- 
 above two hundred years in the fame narrow extent ; that is, till the 
 eml of the reign of King Henry the Eighth. 
 
 At the time of this Prince, the Pale confifted of no more than four 
 Shires. Though Munjler had been, in former days, nominally divided 
 into Counties, the People, as Sir John Davies obferves, had become lb 
 degenerate, as that no Juftice of Affize durfl execute his CommifTion 
 among them. The fneering anfwer of Mac-Guire, Chief of Ferma- 
 nagh, to the Lord Deputy, who was propofing to him to accept a She- 
 riff in his diftridl, has been recorded: " Your Sheriff fhnll be welcome 
 <' to me; but let me know the price of his head (his Eric), in order 
 " that if my People cut it off, I may fine them accordingly." 
 
 John Allen, Irifh Mafter of the Rolls, was direded by the Govern- 
 ment of the Colony, to inform the King, that his laws were not obeyed 
 twenty miles in compafs. It was become a common exprefhon among 
 the inhabitants of Ireland, to {\y, that They dwelt by-weji of the Law, 
 which dwelt heyond the river of the Barrow (thirty miles of Dublin). 
 
 Henry the Eighth did indeed aflume the title oi King of Ireland, in- 
 ftead of ZiOr^, which was the former ftile, and had caufed certain di- 
 flrids without the Pale, to be divided itito Counties, or Shire ground. 
 But this divifion was no more than nominal. The Black-rent, that 
 annual tribute which has been abovementioned, continued during that 
 Prince's reign to be exailed from the inhabitants of the borders of the 
 Pale, by the furrounding Chieftains. The native Irifh Chiefs even 
 then continued to confider themfelves as being fo independent, that they 
 made exprefs Treaties of peace with the King and his Lieutenant : 
 
 F 2 Treaties
 
 36 Strictures on the Jlate of Ireland. 
 
 Treaties of alliance were more than once made with them, for making 
 war on the turbulent Enplifh Lords. One of thefe Chieftains, named 
 Mac-Gilhpalrick, and Lord of Oflbry, (in the neighbourhood of Wex- 
 ford), conceiving himfelf on a certain occafion to have been aggrieved 
 by the Earl of Ormond, then Lord Deputy, font a declaration of war 
 to Henry VIU. if he did not punifh him : which declaration the Am- 
 baflador whom the Irifh Chieftain had made choice of, delivered in 
 good Latin to the King, as he was coming from Chapel. 
 
 As to the degree of obedience paid to the Government by the Lords 
 and great Subjefts of EngUOi blood, it may be guelied not to have been 
 very great, from the nature of the covenant entered into by the Earl 
 of Defmond with Henry VIII. in the thirty-fecond year of the reign 
 of that Prince; which was, that he would fuffer the law of England 
 to be executed in his Country, and would permit the fubfidies granted 
 by Parliament, to be levied on his Tenants and Followers. 
 
 Such was the ftate of Ireland during the reign of King Henry VIIL 
 and even during the reigns of King Edward the Sixth, of Queen Mary, 
 and the firft part of the reign of QiJ^een Elizabeth. Yet all Writers, 
 among them Sir John Davies, who was Attorney General in Ireland in 
 the reign of James the Firft, agree in fpeaking of Ireland as having 
 rightfully belonged to the Englifn Crown ever fince the reign of King 
 Henry the Second. The Book publifhed by Sir John Davies concern- 
 ing Ireland, contains a continual contraditflion from the beginning to 
 the end. He calls the Kings of England from the reign of Henry ths 
 Second, " Abfolute Monarchs of Ireland, having in right all Royal and 
 Imperial Jurifdiftion there ;" he brands the native Irifli with the names 
 of perfidious Rebels, wicked and ungrateful Tray tors, tluoughout his Book : 
 and all for what ? bccaufe the Kings of England had conquered their 
 Country: and yet his Book is purpofely written to point out the caufes 
 why they had not conquered it. At the fame time it muft be acknow- 
 ledged that Sir John Davies was a Man of very great abilities: greatly 
 
 fuperior
 
 SiriBures on the Jlaic of Ir gland. ;2 7 
 
 fnperior to the generality of thofe perfons vvho: are ufually em})Ioyed iu 
 the management of public affairs ; and notwitliftanding his contra" 
 di<flory principles and perplexed arguments, /liisjWork contains a deal 
 of fcattered truth and information. 
 
 The only' way to form a true idea of Ireland, and of the dominion 
 of the Englifh Crown and Nation there, previous to the reign of Queen 
 Elizabeth, and indeed of James the Firft, is by confidering the Englifh 
 •Colony that had been fettled on that IHand, in the fame light as the 
 Settlements, or Colonies, formed by Europeans in remoter parts of the 
 World. ■ It -was a Settlement of the fame nature as thofe at Senegal, or 
 G6t?ee, on the coafl: of Afri^ea ; of.J.ike Bombay, on the Coall: and 
 Country of the Mahrattaa; or Madrafs, thirty years ago, on the Coaft 
 of the Carnatic; or the,. Dutch /Settlements in the Ifland of Java, and 
 at the Cape of Good Hope. • But thejufteft idea that may be acquired of 
 the nattire of the Englifh, Colony in Ireland, from the times of Henry 
 the Second, to thofe of Queen , Elizabeth, is by comparing it with the 
 Colony 'at New York, as it would now ftand, if the late Treaty had not 
 taken place, and the Americans, in cpnjun,£lion with the North-Indians, 
 did continue to befet its territory, and oppofe the extenfion of the 
 Englifh Government. The North-Indians, in fuch cafe, would repre^ 
 fent the Iiifhry ; and the Americans would be the degenerate Eng- 
 lifh, — or feme of them the Englifh Subjects of blood, according as 
 it might fuili them to keep fome intercourfe with the Government of 
 the Colony. With this difference, however, that the Irifhry were the 
 more numerous Nation, and continued to occupy about two third parts 
 of the Idand. 
 
 During four hundred years Ireland continued to exifi: in the flate 
 which is here defcribed. Sir John Davies's Work is entitled, A Dlf- 
 covery of the true caufes why Irel^rui fi^^as Jicuer-^ .entirely fuhdued and 
 brought under obedience of the Crown of England until the beginning of 
 his Majejiies (James I.) happy raigne. Among other caufes he mentions 
 
 the 
 
 108085
 
 ^18 Str Inures on the Jiatt of Ireland. 
 
 the inconfiderable forces which were fent by the Kings of England for 
 fubduing the Country ; in which he is certainly right. But when he 
 proceeds farther, and produces as additional caufes why Ireland was 
 not brought under obedience, that the Irifh laws and cufloms were not 
 aboliflied, and thofe of England eftablifhed in their ftead, he is un- 
 doubtedly wrong. 
 
 This method of forcing their laws and cufloms upon conquered Na- 
 tions, was never adopted but by fuch Conquerors as aimed at deftruc- 
 tion, and were feeking pretences for it. The Normans, to mention an 
 inftance which Sir John Davies himfelf has introduced, after their 
 invafion, fuffered the Common Law of England to fubfift in thofe cafes 
 which did not afFe£t their Government. The reluflance (hewn by the 
 Englifli Lords againft having the laws of their Country altered in re- 
 gard to a point in which not one of them perhaps was perfonally con- 
 cerned, is well known : Nolumus leges Anglia mutare, was their una- 
 nimous declaration. It may be added, that the attachment of the 
 Irifli to their laws was grounded upon more ferious reafons than mere 
 prepofleffion. They do not feem to have annexed to the right of Fro- 
 pertyt particularly in regard to land, the fame ideas as we do. The 
 laws of England, efpecially concerning Defcent, were perhaps the 
 ftrangefl laws, and the moft repugnant to their manner of living, that 
 could be propofed to them: they (hould not therefore have been at- 
 tempted to be forced upon them, efpecially in a hurry. This is a point 
 which Writers have not perhaps fufficientiy elucidated. 
 
 Neither were the attempts to abolilh the manners and cufloms of 
 the Irifh, a very wife courfe of meafures. The mofl ablblute Kings 
 have found the introduction of alterations in the bare article of drefs, 
 to be attended with the utmoft difficulty, even in the precind of their 
 Metropolis, and of fortified Towns : in the open Country, efpecially at 
 diflance, it has ever proved a mofl dangerous undertaking. 
 
 6 The
 
 Stridlures on the Jlate of Ireland, qo 
 
 The Laws and Statutes pafled againft thofe Eiiglifh perfons who 
 adopted the Irini cuftoms and language, and claimed the fupport of the 
 Irifh laws, were not more judicious. Being fettled up the Country, 
 and mixed with the Inhabitants, how could they avoid complying with 
 the cuftoms of thofe Men whofe countenance and affiftance it behoved 
 them to obtain, and obeying thofe laws and Governments to which, 
 imperfed as they might be, they mufl: refort for immediate proteftion ? 
 even iu the precia£l of the Pale, the Irifli language had a conftant ten- 
 dency to become prevalent ; and ordinances were frequently made for 
 reftraining the ufe of it. Sir John Davies goes fo far as to regret 
 that the Foreji-laws were not eftablidied in Ireland, becaufe thofe laws, 
 together with their penalties, might perhaps have helped to civilize the 
 Iriflh. Sir John was both a Lawyer, and a Maglftrate. He talks in a 
 very eafy manner, of maijiering the Jrijh by the /word, and of breaking 
 them by warre, in order to make them capable of obedience and goodfeede : 
 but his O;pinions, upon the whole, appear too much like the language 
 of a Man who is intent upon dictating thofe Laws with which he is 
 acquainted, and extending the fphere of his bufinefs and profcffion. 
 
 It may be added, that the Irilh Chieftains were extremely well dif- 
 pofed, of themfelvea, to be governed by the Kings of England. None 
 of that fierce fpirit of refiftance and rivalfhip was found among them, 
 which was experienced from the Scots,, who were a more civilized Na- 
 tion. Sir John Davies has taken notice of tiie remarkable readinefs with 
 which they reforted to thofe Englifti Kings (Henry II. King John,, 
 and Richard II.) who came over to vifit Ireland. They were proud: 
 in fa£t, both to enter into alliance with the King of England, and to 
 pay him a tribute or annual prefent, as being a greater Man than them- 
 ielves : a notion this, natural enough ; and which, to this day, prevails 
 throughout the Eaft : they were befides particularly pleafed with hav- 
 ing fome dependence on an Englifh King, as they feem to have confi- 
 dered it as forming a kind of connexion, or tie, between them and the 
 
 Nations
 
 40 Stri^ures on ibe fate of Ireland. 
 
 Nations of Europe, and in fhort, with the reft of the Work!. :iTh» 
 Kings of England would have aded with more juftice, more, glory, as 
 well as more advantage to themfelves, if they had been fatlsfied with 
 ^fe'quahty of Arbitrators between thefe Iridi Rulers or Chiefs: an office 
 to the difcharging of which a fmall force would have been competent, 
 confidering the equal manner in which their ftrength and refources 
 were balanced among themfelves. Better cuftoms, and laws more fa- 
 vourable to the 'irnprovement- of their Country, fliould, together with 
 proper invitations, -have been held out to theni ; and time trufted to, 
 for their accepting them. Inftead of this, Adventurers were poured 
 into Ireland, who, partly by their avidity, and partly by their ignorant 
 Jaws, rendered pacification impoflible. 
 
 Another fa6l' may be mentioned in tliis place; which, is, . that 
 Henry' VIII. found no difficulty in inducing the independent Irifh 
 Chieftains to acknowledge his Supremacy, and the capacity he af- 
 fumed, of Head of the Church ; which is a remarkable faA, and fliews 
 that they were not influenced by any violent fpirit of innate bigotry 
 and bloody oppofirio!i, in regard to religious matters. Some alfo cove- 
 nanted with the King to admit Englifh judges, or Arbitrators, in their 
 diftrifts, provided they fiiould follow the Irifli laws : which is another 
 remarkable circumftance. Such Arbitrators, or Orderers, were accord- 
 ingly appointed, and directed to let the Englifh law afule, becaufe, it is 
 fiiid in the preamble of the Ordinance, the Irifli were not yet fuffi- 
 ciently acquainted with thefe laws to live in conformity to them. 
 {^ia nondum pc fapiunt Leges et fur a, ut fecundum ea jam vivere pof- 
 fmt.) This was wife policy, though Sir John Davies but indifterently 
 approves of it ; and it had been, no doubt, adopted as an expedient to 
 induce the Irifh to acknoVvlcdge the King's Supremacy. 
 
 At the fame time we mention, Henry VIII. afliimed the title of 
 King, inffead of Lord, of Ireland, which the Kings of England had 
 till then ulbd. Writers on Irifh affairs have agreed in fuppofing 
 
 th:.t
 
 SlrlSiurci on the Jiatc of h elands. ^r 
 
 that the readinefs with which the Irilli Chiefs acknowledged the King's 
 claim to Supremacy, though he had no forces in Ireland by which to 
 'overawe then), was owing to their being fo plcafed and dazzled with 
 this new title of King, Sir John Davies hath firft fuggefled this idea ; 
 which fubfequent Writers have adopted, as they have done all Sir 
 John's other opinions. But it is not hkely that the change of a title, 
 or fimple word, in a foreign language which they did not underl'tand, 
 might very ferioufly influence the minds of the Irifli Chiefs, and affe<5l 
 the nature of their Treaties and Covenants with tienry the Eighth ; 
 befides, the word Dom'mus (Lord) is a higher founding word in the 
 Latin language, than that of Rex (King), which ufed to be beftowed oti 
 the Irifli Chiefs themfelves : the Latin tongue was the language ufed 
 in the intercourfe with the generality of the Irifli Chieftains, as their 
 Priefls were able to underftand it. 
 
 The wlllingnefs of the Irifli Chiefs to comply with the wiflies of 
 Henry VTII. in the afiair of the Supremacy, was owing to another caufe: 
 it was owing to that Ordinance, or Covenant with them, being pafled, 
 that has been above mentioned, by which their native Laws were in fu- 
 ture to be refpe<fl:ed. The Irifli Chiefs and Tribes had now caufe to think 
 that the King might be fiifely trufted to, -—that he was determined 
 in future to overrule his Advifers and his Lawyers, and that thofe 
 national Laws by which Property continued to be infured among 
 them, and thofe cufloms which they had imitated from their Forefathers, 
 would no longer be made pretences of, for harralling them by unjufl, 
 ignorant, hoflilities, and breaking Treaties entered. into with them. 
 Obliging the King, in fuch circumftances, in regard to his lately a'f- 
 fumed Supremacy, they confidered as an advantageous bargain. 
 
 The true reafon of Henry VIII. for ufing the title of Kn!g of Ireland, 
 was no other than to fet aflde, at the fame time, the old title of LorJ, 
 which the Popes had conferred on the Kings of England, in that Bull 
 by which the Sovereignty of the Ifland had been beftowed upon Henry 
 
 G th«
 
 41 Strictures on the fate of Ireland. 
 
 the Second. The King undoubtedly judged, that, fetting afide a title 
 which had been conferred by Papal authority, became a neceflary mea- 
 fure, when he thought proper to renounce that authority both in 
 England and Ireland. If the Pope now attempted to take the Sove- 
 reignty of Ireland from him, in the fame manner as it had been for- 
 merly conferred, his Holinefs was to be dilappointed : there was no 
 longer a Lord; it now was a King. 
 
 At length, in the reign of Queen Elizabeth, an army was fent which 
 thoroughly effedled the conqueft of Ireland. The Englifh Government, 
 in effecting that conqueft, had the beft plea for juftifying their con- 
 duit, that Conquerors can poflibly alledge ; which was the neceffity of 
 circumftances, and Confiderations derived from their own defence and 
 fafety. 
 
 The violent meafures that had been purfued in the reign of King 
 Edward VI. in order to eilablifh the Proteftant religion and liturgy in 
 Ireland, had given rife to a confiderable degree of difaffedion among 
 all perfons of Englifti race in that Country : the alarm had been ex- 
 tended to the IriOi Tribes; and fuch a fpirit of univerfal combination 
 and oppofition to the Englifh Government, was beginning to take 
 piace in the reign of Queen Elizabeth, as had been unknown in former 
 periods. 
 
 This difpofition of people's minds offered a favourable opportunity 
 to Philip II. King of Spain, for promoting his hoftile defigns againft- 
 England. Partial invafions of Ireland were attempted by the Spanifh. 
 Government feveral years before the fending out of their invincible Ar- 
 mada ; and a Spanifh Colony had even been fettled from, remote times,, 
 on the South-wt{> part of the Irifh coafl. Spain, of all foreign Coun- 
 tries, is the moft favourably fituated for an intercourfe with Ireland. 
 The Spanifh coafl flretches fo far out into the Atlantic Ocean, as 
 to lie to the Weflward of moft of the Iridi harbours. Weflerly 
 tvinds, that is, thofe winds which mof\ly prevail in that part of 
 
 the
 
 StrlSiures f>n the f trie of Ireland, 47- 
 
 the woi'lcl, arc favourable winds for coming from Cape Fiuiftcrre to 
 Corke, Waterford, &c. The Nortliern Spanifh ihore in flid lies both 
 EaH: and Weft of the Irifh coafl ; and Spain is better fituatcd for coii- 
 flanlj communication with Ireland, than France, or pej-haps than anv 
 EngliHi harbour within the Britifh Channel. Had the Spanifh Armada 
 attempted Ireland, they would have made a certain conqueft of it. 
 After the mifcarriage of that Fleet, another might have been fent, 
 which, ailifted by the now univerfally difiilFefted Inhabitants, might 
 have met with fuccefs. Nay, an army of feveral thoufand Spaniards 
 were adlually fent, attended by a Pope's Nuntio, who got pofiefiion of 
 Kinfale. And England thus found herfelf in danger of being befet, on 
 Eaft and Weft, by the power of Spain, fo formidable in thofe days, 
 and of lying in the middle between the land forces of the Spaniards, 
 then centered in the Netherlands, and their naval flrength and arma- 
 ments, flationed in the harbours of Ireland. Thefe confiderations de- 
 termined the Englifh Government to make uncommon efforts to fecure 
 tlie poffeffion of Ireland. Very confiderable fubfidies were voted by 
 Parliament for that purpofej and an army of twenty thoufand men, 
 completely well provided, was fent, which, alTifted by the advantages 
 and footing already poffefled by the Government in the Country, and 
 by other favourable circumftances, effe«5led a thorough redudlion of all 
 the different Lords and Chiefs who till then had ruled in the Ifland. 
 
 However, Queen Elizabeth did not live to fee the conqueft of Ire- 
 land brought to a thorough conclufion : for, the final capitulatioti with 
 the great Chieftain O'Neal, was not ligned till a few days after her 
 death. 
 
 James the Firfl is, therefore, to be named as the firll Englifh Sove- 
 reign who poffefled the dominion of Ireland. 
 
 At this aera, all violent oppofition to the Government, \Vas put 
 an end to. The fpirit of Irifli refinance was braied, to ufe the ex- 
 preflions of Sir John Davies, as it were in a mortar, with the Sivord, 
 
 G 2 Famine,
 
 44 Siri5lures on the Jlate of Ireland, 
 
 Famine, and Pefi'iknce^ altogether. The Law now penetrated Into every 
 remote corner of the Ifland. — Juftlce, the fword having firfl: cleared 
 the way, took the whole Country in her progrefs, in the fame man- 
 ner as the Virgo moves in the Zodiack preceded by Leo, as Sir John 
 clallically and elegantly exprcfles it ; and the Jitdges were now enabled 
 to proceed round the whole Kingdom, like Planets in their extenfive 
 Orbits ; whereas their Circuits had till then been confined to the fmall 
 precind of the Pale, like the narrow circle which the Cynofura de- 
 fcribes about the Pole. 
 
 At the fame time that the power of the Judges and of the Englirt* 
 Government was thus extenfivcly fixed, the Icud Irifh laws and cufloms 
 were aboHflied, and the Eiiglifh laws eftablifhed in all cafes without 
 exception, through the whole lOand. Lawyers had then bufmefs 
 enough ; and even more than enough. The Harveft was great, to life 
 once more the expreilions of Sir John Davies, but the Labourero fewf 
 (Magna mejjis, fed Operarii pauci) and" the number of the Judgesvvas 
 increafed in every Bench *." 
 
 As a further flep for the fettling of Ireland, numerous' Colonies were 
 fcnt from Great Britain to occup3i^the lands which had been taken from 
 tliofe Tribes and Chieftains who had been more particularly engaged 
 in the war that had been lately terminated. King James gave uncom- 
 mon attention to the framing of the Ordinances that were made for 
 rlie proper fettling of thefe Colonies ; and all Writers have agreed in 
 praifing the judicious meafures that were adopted, and in confidering 
 the zeal and fuccefs of the King in that r.efpeft, as the mo ft laudable 
 part of his reign^ 
 
 * Tlie power of the Law and of the Judges, did not become, iiowevcr, quite fo com.- 
 pleteJjr eftabliflicd in Ireland, at the beginning of the reign of James the Fiift, as Sir 
 Jolm Davies dcfcribes it. Several iufurrefiions took place in this reign, that were raifed 
 by Irifli Chieftains : though they were quelled without any great difBculty, as their 
 power aiid rcfources had been fo broken by the late war. 
 
 The
 
 5triniircs on the fate of Ireland^ 45 
 
 . The power of the EngliHi Government and Crown being now inii- 
 vcrfally and indlfputably eflablifhtd, theic was a probability that the- 
 enmities of former parties would be in time forgotten, that thofe Inha- 
 bitants who had been compelled to adopt the Englifh laws, would 
 gradually perceive tlieir advantages, and that a lafting peace might 
 prevail in Ireland. But events had unfortunately taken place within 
 the laft fifty or fixty years, that were foon to difturb this peace, and 
 give rife to animofities and contefts as obRinate and bloody as thofe 
 that had been lately terminated. It is here meant to fpeak of the reli- 
 gious diflcntions, caufed by the introdu6lion of the Reformation into 
 Ireland, 
 
 The firft attempt to introduce the Reformation into Ireland, was in 
 the reign of King Edward the Sixth, Henry VIII. being fatisficd to 
 have his fupremacy acknowledged,, and the authority of the I'ope re- 
 nounced, did not take any meafure to enforce a farther change in th.e 
 opinions of his Subjefts in Ireland. Bi;t, in the reign of Edward the 
 Sixth, orders were fent for ufing the Englifh liturgy in all the Churches 
 of the Colony, that is, of thofe diflrids wherein the authority of the 
 Englifh Government was acknowleilged, Direftions were alfo given 
 for removing, felling, or deftroying, the ornaments, and the inflru- 
 ments of popifh fuperAition : and the Soldiers who compofed the gar- 
 rifons ftationed;in Ireland, were employed for effecting thefe removals' 
 and deftrudions, which they performed with their ufual zeal and ala- 
 crity in executing commands of this kind. In the mean time. Sir 
 Anthony St, Leger, the Lord Deputy, was recalled, on account of his 
 not being fufficiently afTiduous in promoting the work of the Refor- 
 mation. 
 
 In the reign, of Queen Mary, the tables were reverfed. The Latin 
 liturgy was reinftated in the Churches, and their ornaments were re- 
 flored. Proteflants were, neverthelefs, allowed to live fufficiently un- 
 
 molefted:.
 
 45 Stri^ures on the fate of Ireland. 
 
 molcfted : they were not numerous enough in Ireland, to make perfe- 
 cution a profitable bufinefs. 
 
 In the reign of Queen Elizabeth, a frefli change took place ; and the 
 Churches were again denuded of their ornaments. 
 
 James the Firll purfued the fame bufinefs of Reformation: but as 
 the King's power in Ireland was now fo far increafed beyond what it 
 had formerly been, fo the meafures for altering the religion of the 
 Country were attended with more important effe-fls. The direftions 
 concerning the Reformation, fent by the preceding Sovereigns, had 
 only been enforced in the diftrids and Churches within the Pale : the 
 orders fent by the Council of James the Firft now extended to tlie 
 whole Ifland. 
 
 The principal meafures that were adopted at the time of that Prince, 
 for raifing the Proteftant, on the ruins of the Catholic, Religion, in Ire- 
 land, were the following : 
 
 In the firft place, the Colony that was fent from Great Britain, to 
 fettle on thofe lands which had been feized by tl'ie Crown, as hath 
 been above mentioned, was formed of Proteftants ; and a great many of 
 them Prefbyterians : a fmall Colony, formed on the fame principle, had 
 alfo been fent in the reign of Qiieen Elizabeth, to fettle on the lands 
 that were taken from the Earl of Defmond, a rebellious great Lord and 
 Subjedt of blood, when he was fubdued and attainted with one hun- 
 dred and forty of his adherents, feme years before the great war 
 againft the native Irifli. The Proteflant party by that means acquired 
 that kind of flrength, and weight, which refults from confiderable num- 
 bers. For, it is to be obferved that there were fcarcely any Proteftants 
 among the old Englifh inhabitants of Ireland, and they were ftill fewer 
 among the native Irifli: the Reformation had made no progrefs what- 
 ever in Ireland. 
 
 In the fecond place, the majority, in the Trifli Parliament, was al- 
 lotted to the Proteftant party, through the manner in which the Par- 
 6 liament
 
 Stridtures on the Jlate of Ireland. 47 
 
 liament was now compofed, and in which tl>e right of election was 
 <:onferred on new ere£led Comities and Corporations. 
 
 There had been no Parliament held in Ireland for twcnty-feveii 
 years before the time we are fpeaking of, which was the eighth year 
 of the reign of King James the Firft. The Proteftants were fo few in 
 Ireland, in Queen Elizabeth's time, that the Government of the Colony 
 could not venture upon calling a Parliament : there was too little 
 certainty of getting a majority on the Proteftant fide, even with the 
 power poflcffed by the Crown of erediiig new Counties and Corpora- 
 tions : this had been the caufe of the long intermiffion of Parliaments 
 that has been above mentioned. The Council of James the Firft, in 
 the eighth year of his reign, had a more advantageous fcope, now that 
 the IQand was univerfally fubdued, and a numerous Colony of the 
 Proteflant Religion had been introduced, that was fettled upon exten- 
 five trafts of land. New Boroughs were ere£led in thofe quarters oc- 
 cupied by the new Settlers. Even then the Government found them- 
 felves, at fiifl:, miftaken in their reckoning, through the remarkable 
 ardour with which the oppofite, or Catholic, party exerted themfelves, 
 efpecially in the eleflions for Counties : eleflions were loft where there 
 was thought to be little danger of it ; and even Pfivy-counfellors ex- 
 eluded. The diitippointment was made up by Ipeedily eredling frefh 
 Corporations, or Boroughs, and conferring upon them the right of 
 cledting Members. Hence the complaints made afterwards by the Ca-- 
 tholic party, that feveral new Corporations which had fent Member?^ 
 had been eredled, in order to the fending of precepts to them for elec- 
 tions, after the firft ifiuing of the Writs for calling the Parliament. 
 
 By this exertion of all their refources, the Irifti Government obtained 
 a majority in the Lower Houfe. On the firft day of meeting, the 
 Members of the Catholic party were found to be loi; and thofe in the 
 Proteftant intereft were 125. The Catholic party being both greatly 
 furprifed and difappointed at finding themfelves the minor number, at 
 
 iii-^
 
 j^i S!ricliires on tb: Jlate of helatJcL 
 
 firft refufed to recojrnize tliofe new Brethren that had been fent them 
 by the new erected Corporations : a fcuffle even took place in the 
 chairing of a Speaker; each party putting forth a different perfon. 
 But as the p'a-e of tlie meeting was in the Caftle, as they were fur- 
 rounded by a Proteftant ganifon, and all attendants had been difmifled, 
 as well as fwords left at the gate, the Catholic party were fain to fub- 
 mlt. In tiie Houfe of Lords, there were four Earls, five Vifcounts, 
 and fixteen Barons; in all twenty-five: to them were added twenty- 
 five Proteflant Bifliops and Archbilhops. 
 
 In order to complete the fame courfe of meafures, the penal Statutes 
 that had been pafTed in the reign of Queen Elizabeth, were put in 
 force. By virtue of thefe Statutes, no Man who refufed to take the 
 oath of Supremacy, could be invefled with an Office in a Corporation, 
 or be a Juftice of the peace, or a Magiffrate : he was not to be a Privy- 
 counfellor, nor to be preferred to aiiy Pofl in the Government: if a 
 Lawyer, he was not to be admitted to plead at the bar, or to fill the 
 office of Judge. All the higher dignities of the Church, together with 
 ■Church livings, and Church emoluments, were moreover allotted to 
 the Proteflant Clergy, as a reward for their orthodoxy. A weekly fine 
 was alfo to be laid upon every perfon who fhould negle>fl to attend the 
 Church fervice. 
 
 By all the above ordinances and meafures, the Proteflant became 
 eftabliflied, to the complete exclufion of the Catholic Religion. And 
 at that period arofe thofe formidable party diflin6lions of Catholics, 
 and Protcffants, into which the Inhabitants of Ireland have fince been 
 divided. 
 
 1 he Proteflant party was, on the one hand, formed by thofe Colo- 
 nies that had, of late years, been fettled in Ireland. They had on their 
 fide the ftrength of the Colonial Government, which was formed only 
 of thcmfelves; and the majority m the Parliament of the Ifland. 
 
 On
 
 SlrtSluns on the Jiate of Ireland, 4^ 
 
 On the other hand, the Catholic party was formed of the whole 
 mafs of the Inhabitants of Ireland, previoufly to the fettling of the 
 above Colonies : for, as hath been already obferved, there were no Pro- 
 tcftants in Ireland before that time : this will, very likely, induce the 
 reader to think that it was not very wife to try to render the Proteftaut 
 Religion univerfally dominant, in a Country fo circumftanced. 
 
 At the period we are fpeaking of, the old diftin(SHons of native Irifli, 
 degenerate Englifh, Englifh of Blood, and Englifh of the Pale, were 
 forgotten, and loft in the general denomination of Catholics. An 
 union was now formed between the Irifli Chieftains and Tribes, who, 
 after lofing their lands and their laws, were now to lofe their religion, 
 and the whole of the old Englifli Colony, whofe Lords and Men of in- 
 fluence were now to lofe their confequence, whofe Lawyers and Priefts 
 were thrown out of employment, while the numerous Commonalty 
 had their Churches taken from them, and were infulted by penalties 
 for not conforming to the religious rites of their Opponents. All were 
 now united together under the common banner of the Catholic Faith, 
 and turned their eyes towards the Proteftant party as a common ag- 
 greflbr and enemy. 
 
 The refources of the Proteftant party, for maintaining their ground, 
 in the midft of fo formidable a confederacy, could not be in their num- 
 ber; for, though confiderable in itfelf, it bore no kind of proportion to 
 thofe of their Catholic Opponents. And the advantage they poiTelled 
 of forming the Colonial Government, and of having a majority in the 
 Parliament, was only a ftrength of an artificial kind, which, without 
 farther fopport, could not fubfifl long. Their real effedual refources 
 were to be in their moderation, and in the fupport of the Englifh Go- 
 vernment. Of moderation, it appears from what has been above re- 
 cited, that they had but little. Nay, they had none ; for, when 
 they found that the Englifh Council of James the Firfl was beginning 
 
 H to
 
 50 Sir inures on the Jlate of Ireland. 
 
 to life for their fake a wifdom and caution which they did not them- 
 felves poiTefs, they proffered addreffes againft the " grievous fin of 
 " granting toleration to fupcrftltion and idolatry, and of being accef- 
 " fory to the abominations of Popery." On the arrival of Lord Falk- 
 land, who had been fent as Lord Deputy, with general diredions, it 
 was thought, to purfue gentle meafures, Archbifhop U(her, in his firft 
 fermon before him, took for his text the words, He beareth not the fword 
 in "oam. 
 
 The final refource of the Proteftant Reformers was in the ultimate 
 fupport of the Englifh Government: and, fince it had been able to con- 
 quer the Ifland, it was natural to fuppofe that, by ferioufly exerting 
 again its force, it might be able to preferve the conqueft. But fliould 
 that Government happen to be weakened in its feat by domeftic difiTen- 
 fions, (hould its prefi'ure and weight be at any time leflened, that fire 
 which was kept fmothered, muft no doubt burft out; and terrible muft 
 be the explofion. 
 
 In the night of the azd of October 1641, the Irifh civil war began. 
 Violent meafures of the kind we are here fpeaking of, Ihould never be 
 attempted to be juftified in writing : I fhall therefore leave the fudden 
 infurre<flion that broke out, in Ireland, in the feventeenth year of the 
 reign of Charles the Firft, under the whole load of odium and male-? 
 didlions which Writers have beftowed upon it. 
 
 The native Irifli had begun the infurredioiii and they were joined 
 loon after by the old Englifh Colony, the Lords, and the inhabitants of 
 the Pale: the junftion of thefe had been at firft poftponed by the mif- 
 carriage of tlie attempt upon Dublin. The Catholic party in Ireland 
 were in reality ftretching a hand to Charles the Firft. But this Prince 
 was not able to fee this. While under the prcffure of the war waged 
 againft- him :by the Englilh Parliament, and by his Scottifti Subjeds, 
 he continued for years to coufider the Ij-ifli and their Confederates^ 
 
 as
 
 StriSlures on the flale of Ireland. 5 r 
 
 as his enemies, and to' give dii-.c^^ions accordingly. When he had 
 thoughts, at length, of em(']oying tlieir aflillance, in the yeaT.1645, ^^ 
 was become too late. 
 
 The Irifti Infurgents had on the nrft onfet, as hath been above men- 
 tioned, failed of feizing the City and Caftle of Dublin, Armies of 
 Scots had croffed the Straits between their Country, and the Nortlx 
 coafl: of Ireland. Both tlie Loyalifts, and the Parliamentarian party 
 in the Ifland, continued for a long time to unite againll them and their 
 Confederates. Affiftance was fent by the Englifli Parliament, as foon 
 as they were able to fpare it. Cromwell, with his Generals, in time 
 followed ; and an army of above thirty thoufand foot, and fifteen 
 thoufand horfe, was either tranfported or formed in Ireland, by which 
 an end was put to the war in the year 1652, and Ireland conquered a 
 fecond time. 
 
 New Colonies were tranfported into Ireland to occupy the lands that 
 were either taken from the Catholic infurgents, or had become vacant 
 by the deftrudtive effe£l: of the war, and the calamities that attended it. 
 Sir William Petty mentions it as the moft moderate calculation, that 
 one third of the Inhabitants of Ireland had periflied by the fword, fa- 
 mine, or the plague. Certain Writers have gone fo far as to affert that 
 only one eighth of the native Irifh were left at the conclufion of the 
 eleven years war that was terminated in the year 1652. This account 
 muft be exaggerated. However, all thofe native Irifh who were exift- 
 ing, in different parts of the Ifland, at the time of the fettlement made 
 by Cromwell, were commanded to retire into the Province, or Divifion, 
 of Connaught ; which lies on the Weflern coafl ; and had become de- 
 folate, and almoft deftltute of inhabitants. They were obliged to give 
 up their lands and titles to the Conquerors ; and thofe afligned to each of 
 them, were proportioned to the extent of thofe he furrendered. A cer- 
 tain day was alfo fixed for them to retire, upon the penalty of death. 
 
 H 2 The
 
 ^2 Str inures on the Jlaie of Ireland. 
 
 The whole meafure was an event of much the fame kind as the ex- 
 pulfion of the Moors out of Spain. With this difference, however, 
 that the Nation of the Moors had, about eight centuries before, been 
 invaders of Spain, and were now driven out of it to a remote Country; 
 whereas, the native Irilh had been, time immemorial, in pofleflion of 
 their Ifland, and had now about one fifth part of it allotted to them. 
 
 At the period we are fpeaking of, the intereft and power of the Old 
 native Irifh, as a diftintft clafs of Inhabitants, was entirely broken ; 
 their numbers being from that time greatly exceeded by thofe of the, 
 Old and New Inhabitants of Britifli race. They have continued to have 
 confequence, as a diftin<St Clafs, by their alliance with the Britifli Ca- 
 tholics, and their continuing to form a confiderable part of the Catholic 
 party. 
 
 Sir William Petty reckons, that, before the year 1641, the numbers 
 of the Catholic party, in Ireland, was equal to about fix times the num- 
 ber of the Proteftants ; and that, at the time of the Reftoration, it was 
 about four times *, 
 
 After the Revolution of the year 1 689, another civil war took place 
 in Ireland. It is not quite improbable that the remarkable willingnefs 
 of James the Second, to withdraw from England, was owing to a fet- 
 tled defign he entertained, of trying his fortune in that Illand. The 
 ittep taken by Charles the Firfl, of trufting himfelf, in his diftrefs, to 
 an army of Scottifh Prelbyterians, inftead of applying to the Irilh, 
 
 * The injunftion laid an the Old native Iriih, to keep within the limits afligned to 
 them, continued to be very flriftly enforced till the Reftoration ; that is, during eight 
 years. At that period, fome among them got their lands back, in refunding their ex- 
 pcnccs to thofc Adventurers who were in poiTcflion of them : and a free intercourfe was 
 re-cftab!i(hcd between them and the reft of the Ifland. Still, the Province of Connaught 
 may be cortfidcred as continuing tc form, at this day, their main Habitation or Settk- 
 ment. 
 
 while.
 
 SiriSlures tn the Jiaie of Jrtland. . 53 
 
 while it was yet time, had very poffibly continued to be looked upon 
 in his family, as one of the worfl: faults he had committed. 
 
 In the beginning of March 1689, that is, about two months after he 
 had left England, James the Second failed from Bred with feventeen 
 fhips of war ; and landed at Kinfale, on the twelfth. 
 
 He found the legal Government of the Country on his fide. By 
 altering the Charters of the Corporations, in the beginning of his 
 reign, a majority had been procured in the Parliament to the Catholic 
 party. The Earl of Tyrconnel, who was Lord Deputy, had already 
 taken arms in his favour; and met him at Cork, where he delivered, 
 up his authority to him. 
 
 James the Second foon found himfelf at the head of forty thoufand 
 Soldiers; and with thefe forces he marched, firft to Dublin, then to 
 the North of the Ifland, where the ftrength of the Proteftant interefl: 
 lay. On receiving the news of the Revolution in England, the Jrifh. 
 Proteftants had proclaimed William and Mary. They were afterwards 
 aflifted by an army from England, which failed from Chefter, under 
 the command of Duke Schomberg; and King William followed, about 
 eight months after (in June 1690) with confiderable reinforcements. 
 
 James the Second was defeated on the banks of the Boyne. He loon . 
 after withdrew in a frigate belonging to the King of France, refigning 
 Ireland to his Competitor^ after a flay of about fixteen months fince his 
 landing at Kinfale. Confidering the almoft fure prolpe»5l of fuccefs he 
 had during the flrjR: fix months, his mifcarriage mull have been in great 
 part owing to his want of abilities: but it may be added, that, had he 
 pofl'efled abilities and judgement, he never would have liad in his life 
 any occafion to command an army in Ireland. • 
 
 The war was continued about a twelvemonth longer, between the 
 Generals whom King William had left to fupply his place, and 'the 
 French and Irifh forces. At length, the taking of Limerick put an end 
 to the war. The celebrated Capitulation, otherwife called the Articles 
 
 of.
 
 5 4 StrMur'ts on tbejlate of Ireland,. 
 
 of Limerick, was figned on the third of October 1691. Thlscajvlfu- 
 lation was to form the law by which the rights left to Roman Cathpr 
 lies, in Ireland, were in future to be decided, and the Charter by which 
 thofe rights were to be limited, and at the fame time, fecureiy efla- 
 bliOied. . -'-' 
 
 The principal Articles were, That the Roman Catholics (hould exer- 
 cife their religion, in the fame manner as they, did in the reign of 
 Charles the Second : that they (hould enjoy the common privileges of 
 Subjeds, being bound to take the oath of allegiance, to the King, 
 when required: and that they (hould -have a right to have arms about 
 their perfons, or in their houfes, like other Subje6ls. - 
 
 Thefe Articles, or Conditions, of Limerick, continued to be obferved 
 in King William's reign ; and this Prince conftantly refifted the endea- 
 vours of the prevailing party in Ireland, for having them repealed. In- 
 deed, the fixed inclination of that Prince for religious toleration, does 
 honour to his memory, and forms the greateft part of his chara£ler as 
 a King. He received his reward for it, too. The general opinion 
 whicii people entertained of his difpofitions, enabled him as efFedually 
 perhaps as any other circumftance, to go fafely through his reign, and 
 to furmount the difficulties with which he was furrounded. Owing 
 to his avowed tolerant intentions, no religious party was driven to def- 
 peration and extremities ; and amidft the reciprocal aggrelfions of the 
 different Seds upon each other, fuffering Individuals continued to 
 look up to him as to a Protedtor, or at leaft a perfon who vvi(hed to 
 be fo. 
 
 When the Commiflioners from Scotland tendered the Coronation 
 OJth to King William, for that Kingdom, he ftopped them, as they 
 were reading that Article in which the rooting out of Heretics, was men- 
 tioEed. He declared he did not mean to bind himfelf by it, to perfe- 
 cute~ any perfon for his religious opinions j and defued the Affembly 
 prefent, to mark his declaration, and be witnefi'es to it. This was 
 "6 • acting
 
 SiriSl tires on the Jiate of Ireland. er 
 
 afting with fplrlt, confidering that he had hi a manner but juft received 
 his Crown ; and with great judgement. 
 
 The juft hne of conduft, in regard to Roman Catholics in Ireland, 
 we have above mentioned, ceafed to be.purfued in the rei«n of Queen 
 Anne. Several A£ts of the Irifh Parliament were paficd by which the 
 Conditions of Limerick were gradually violated. And at length the 
 famous Laws oi Difcovcry were enaded, by which the triumph of the 
 Proteftant over the Catholic party was finally completed, after an 
 hundred and ten years fliuggle. 
 
 By thefe Laws, the Roman Catholics were abfolutely difarmed. 
 They could not purcbafe land. If one Son did abjure the Catholic re- 
 ligion, he inherited the whole eftate, though he was the youngeft. 
 If he made fuch abjuration, and turned Difcoverer^ during the lifetime 
 of his Father, he took poffeffion of the eftate ; his Father remaining a 
 penfioner to liim. If a Catholic had a horfe in his pofTeffion, worth 
 fifty, or an hundred pounds, or more, a Proteftant might take the fame 
 from him, upon paying him down five pounds. If the rent paid by 
 any Catholic was lefs than two thirds of the full improved value, vvhof- 
 ever difcovered, or turned Informer, took the benefit of the- leafe, &c. &c. 
 
 Three different periods may be diftinguifhed in the Hlflory of Ire- 
 land. The fnft comprehends the time that elapfed from the firft in^ 
 troduftion of the Englifh into Ireland, in the reign of Henry the Se- 
 cond, to the reign of King James the Firft; when the authority of the 
 EnglifK Government was generally eftabliftied. The fecond period 
 reaches to the reign of King William: during this period the Protef- 
 tant and Catholic parties were formed, and alternately triumphed over 
 one another, till the Catholic party was overcome. 
 
 From the sera we mention, the affairs of Ireland have taken rather an 
 unexpeded turn, and different from what one might have thought. 
 The animofities of former parties have feemed to be forgotten. The 
 ftruggles between Catholics and Proteftants have been fufpended, or 
 
 at
 
 ■^6 Strictures tin the Jlate of Ireland. 
 
 at leaft hate mad© little uoife in the World. Queftioils of politics 
 have engroffed the public attention ; and the relcuiug of themfelves, as 
 a Nation, from a dependency on England, has become the objeft of the 
 zeal and univeffal purfuit of the Inhabitants of Ireland. 
 
 Complaints againft the interference of the Englifli Legiflature, had 
 been made by Individuals, in fufficiently early times, in Ireland; par- 
 ticularly during the fitting of the Long Parliament in the reign of 
 Charles the Firft : but thefe complaints had not been generally infifted 
 upon. 
 
 In the reign of Charles II. the A£l prohibiting the cultivation of 
 Tobacco in Ireland, and the Navigation Acl, in which Ireland is ex- 
 preflly named, were pafTed. Thefe Acls, or at leaft their conftitutional 
 and political tendency, did not yet caufe any great difcontent in Ireland. 
 In the reign of King William feveral A£l3 were palled, by the Eng- 
 lifli Parliament, in which Ireland was bound. One was intitled An 
 A61 for the relief of the Froteflant Irijh Clergy : it repealed the A£t 
 palTed by the Irifti Parliament, in the reign of Charles the Second, for 
 difabltng fpiritual perfotis frotn holding benefices in 'England, and Ireland, at 
 the fame time: it was meant to enable thofe perlbns of the Irifti Clergy, 
 who were driven out of their Country by the war in 1689, to receive 
 benefices in England. Another Englifli Adl prohibited all trade with 
 France, both from England and Ireland. Another declared all the 
 Ads of the Parliament held at Dublin by James the Second, to be void, 
 without the prefent Irifli Legiflature being confulted. And a fourth 
 Englifli Aft was, for abrogating the Oath of Supremacy in Ireland, and ap- 
 pointing other Oa{hs. All thefe Afts did not excite yet any confiderable 
 fenfe of public diflatisfaftion in Ireland : no complaints were made 
 againfl: them in the Irifli Parliaments that met in the years 1692, and 
 1695. 
 
 In the following years, however, tl>e political tendency of tiie above 
 mentioned Englifli Afts, and the national dependence on England 
 
 which
 
 SiviBures on the Jl-ate of Ireland. 5-7 
 
 which they feemed to evince, linppened to engage very Icrioully the 
 public attention in Ireland. This attention, as well as the general 
 diflatlsfadion, gradually increafed. And at length, in the year 1698, 
 the famous Pamphlet written by Mr. Molyneux, was publiflied, which 
 is entitled, ne Cafe of Ireland be'mg bound by ASis of Parliament in Eng- 
 land, Jlated. This Pamphlet, together with the high degree of notice 
 that was taken of it by the Englifh Iloufc of Commons, may be con- 
 (idered as having been the public opening of the controverfy, and the 
 political contention, between England and Ireland, fince the beginning 
 of this Century. 
 
 It is to be obferved that there was, befides Mr. Molyneux's publica- 
 tion, another fa£t of aferious nature, though not very generally known 
 at firfl: to the Public, which caufed the interference of the Englifh 
 Houfe of Commons. The IriOi Parliament, diflatislied with the above 
 recited A^ls that had been paffed in England fince the beginniiiT of 
 the King's reign, had tranfmitted to the King in Council, for his Ma- 
 jefty's Aflent, the Heads of a Bill, which, under colour of givinc^ a 
 farther fandion to thofe A£ls, was meant as a kind of precedent, or 
 declaration, for excluding afterwards the authority of the Englifli Par- 
 liament out of Ireland. The opportunity of the appearance of Mr. 
 Molyneux's publication was taken j a Committee of the Houfe of Com- 
 mons was appointed on the 21 ft of May i6y8, to enquire into the 
 Book; and, upon the report of the Committee, the Houfe ' unani- 
 ' moufly refolved, 
 
 * June 22, That the faid Book was of a dangerous confcquence to 
 
 * the Crown and People of England, by denying the authority of the 
 
 * King and Parliament of England to bind the Kingdom and People 
 
 * of Ireland, and the fubordination that Ireland has, and ought to have, 
 
 * upon England, as being united and annexed to the Imperial Crown 
 
 * of this Realm. And that, occafion and encouragement to forming 
 
 * the dangerous pofitions contained in the faid Book, had been given 
 
 I * by
 
 ^8 Slrl5fures on the Jlate of Ireland. 
 
 * by a Bill entitled An Acl for the better Security of his Mnjejly's per- 
 
 * fon and Government, tranfmitted under the Great Seal of Ireland; 
 
 * whereby an h<X of Parliament made in England was pretended ta 
 < be re-enaSled, alterations therein made, and divers things enabled alfo 
 ' pretending to oblige the Courts of Juftice, and Great Seal, of England, 
 
 * by the authority of an Irifli Parliament.' 
 
 The Koufe then, in a Body, prcfented an Addrefs to the King, In 
 which they enlarged both on the Be 3!. and its pernicious affertions, and 
 on the dangerous tendency of the proceedings of the Irilh Parliament. 
 They concluded with ' alluring his Majefty of their ready concurrence 
 ' and afliftance, in a parliamentary way, to preferve and maintain the 
 « dependence and fubordinatlon of Ireland to the imperial Crown of 
 
 * this Realm.' The anfwer of his Majefty to this addrefs, was, ' That 
 
 * he would take care, that, what was complained of, might be prevented 
 
 * and redrefled as the Commons defired.' 
 
 Thus was the political war between the two Countries ufhered 
 in, — and the gauntlet thrown by one Party, bravely taken up by the 
 other. 
 
 In the year 17 19, another public important cafe of controveriy oc- 
 curred. It was the Englilh Houfe of Lords, who interfered this time. 
 A caufe relative to an eflate was tried before the Court of Exchequer 
 in Ireland, Vvho gave a decree in favour of Maurice Annefly againft 
 Hcfter Sherlock. The Houfe of Lords, in Ireland, was appealed to : 
 they reverfed the decree ; and Heller Sherlock was put In poflellion of 
 the eftate. Maurice Annefly applied to the Houfe of Lords in Eng- 
 land, for relief: the Houfe, proceeding upon the principle that 
 the Peers of Ireland pofleffed no power of Jurifdi£lion, confirmed the 
 decree ; and an Order was fent to the Barons of the Exchequer in Ire- 
 land, to caufe the poflcfllon of the eftate to be reftored to Maurice An- 
 nefly; which Order they were able, after fome time, to effect. Heller 
 Sherlock petitioned the Houfe of Peers in Ireland: they ordered the 
 
 three
 
 StriBarei on the Jiate of Ireland, eg 
 
 three Barons of the Exchequer, Jeffrey Gilbert, John PockUngfon, and 
 Sir John St. Legcr, into cufiody ; and feat a rcprefentation of the cafe 
 to the King. This reprefentatioii was laid before tlic Engltdi Houfe of 
 Peers: who, after addrefluig tlie King, to dcfirc that he would be 
 pleafed to confer fome marks of his Royal favour on the Barons of the 
 Exchequer, framed a Bill, of whicli the following is an abflra6V. 
 
 « Whereas Attempts have been lately made to fhake off the fubjec- 
 ' tion of Ireland, unto the Imperial Crown of this Realm : And where- 
 
 * as the Houfe of Lords in Ireland have of late afllimed, a<'^ainft: law. 
 
 * a power to examine and amend the Judgements of the Courts of Juf- 
 ' tlce in Ireland : Tiierefore, be it enacled, that the (aid Kinardom of 
 ' Ireland is fubordinate unto, and dependent upon, the Imperial Crown 
 
 * of Great Britain ; and that the King's Majefly, by and with the con- 
 
 * fent of the Lords and Commons of Great Britain, has full power and 
 « authority to make Laws and Statutes to bind the People and the 
 « Kingdom of Ireland. And be it fiuther enaded. That the Houfe of 
 
 < Lords of Ireland have not any Jurifditftion, to judge of, affirm, or 
 
 < reverfe, any Judgement or Decree given in any Court within the faid 
 
 * Kingdom.' — The Bill having met with the concurrence of the Com- 
 mons, and received the King's affent, became an Ad: of Parliament; fo 
 that the claim laid by the Britilh Houfe of Peers, to Jurifdiflion over 
 the Kingdom of Ireland, was, in cafe of future oppofition, to be backed 
 by the whole flrength of Great Britain. 
 
 In the years 1751 and 1753, another remarkable conteft took 
 place. The difference was this time with the Crown. The fubjecl 
 was an unappropriated fum of money, remaining in the Irifli Treafury, 
 after the expences of Government were paid, Whofe property was 
 that money ? who was to dilpofe of it, — the Crown, or the Irifli Parlia- 
 ment ? That was the queftion. 
 
 The Crown looked upon the money as being its propertv: and as 
 it was not'then wanted, it being time of peace, the Duke of Dorfet, 
 
 I 2 then
 
 ■6o St r inures on the Jlaie of Ireland. 
 
 then Lord Lieutenant, acquainted the Houfe of Commons, that he 
 was commanded by his Majefty to inform them, that his Majefty 
 would confent that the money remaining in the Treafury fliould be 
 applied to the difcharge of their national debt. The Houfe paflld a 
 BilJ accordingly ; but avoided faying any thing about the King's pre- 
 vious declaration. The Bill was tranfmitted to England, and was re- 
 turned, that is, afTented to, with the additional mention, however, of 
 the King's preparatory leave and confent : the addition was fubmitted' 
 to, this time, and the Bill accepted in the Irifli Parliament. 
 
 The qneftion continued neverthelefs to be warmly difcufled among 
 Politicians, till the following Seffion, that is, during two years: it 
 was called the queftion about xht previous confent: it was in reality 
 about the property of the money remaining as a furplus, in the Trea- 
 fury. When the Parliament again met, in the year 1753, the Lord- 
 Lieutenant made the fame Declaration he liad made two years before. 
 The Commons, in appropriating the new furplus money, again avoided 
 taking any notice of the King's previous licence : the mention of it 
 Was, as formerly, added by the Engli(h Privy Council. The Irifh' 
 Commons this time reje£ted the Bill. The Crown then exerted its 
 right, or claim, to the property of the money : and the King, by his- 
 letter, took it out of the Irifli Treafury. The queflion was, however^ 
 of more importance to the Crown, than one might perhaps at firft 
 think. If the Irifh Parliament had pofleffed a right, of themfelves, to- 
 appropriate the overplus of money in the Treafury, the right to difpofe 
 of the whole muft have been allowed of courfe, and the hereditary re- 
 venue would thereby have been rendered precarious. 
 
 We have recited the woes and oppreflions of the Irifh Nation; we 
 arc now to relate their conqucfls and their vidories. 
 
 But before giving an account of the remarkable alteration in politics, 
 
 that has, of late years, taken place in Ireland, it may not be amiis to 
 
 mention tlie reafons of the long acquiefcence of the Irifh Legiflature 
 
 6 in
 
 Siiiclures on the Jiate of Le la mi. 6i 
 
 tn tlie Supremacy aflcrted by the EiigliOi Parliaiiicur : for, it is to be 
 obferved that even the declarations of the Parliament of England, or 
 Great Britain, we have juft recited, were fubn)ittcd to by rhe Parlia- 
 ment of Ireland. Thofe (ieps they liad taken, wliich had th-awn thefe- 
 declarations, were no more than mere attempts to alter 'hejr political 
 fituation : whatever public clamour might take place oa thofe occa- 
 fions, dill the declarations and meafures of the Britifii Legiflature, and 
 the Crown, were acquiefced in. 
 
 'In early times, the Irifli Parliament and Colony could entertain no 
 thoughts of independence and rivalfliip in regard to the Englifli Nation 
 and Legiflature. That Parliament only reprefented the four fmall 
 Shires that formed the Pale. It was fummoncd for the firft time, ac- 
 cording to Sir John Davies's account, (which is more likely to be 
 true than any other) when an army of Scots, commanded by Edward 
 Bruce, attempted an invafion of Ireland, about 140 years after the firft 
 introduction of the Englidi, in the reign of Henry the Second *. The 
 Irifli Chieftains had nothing to do with that Parliament ; nor the dege- 
 nerate Englifli ; and thofe Lords of Englifli blood who were poflelTed 
 of exteniive tra£ls of land out of the Pale, did not think the receiving 
 of fummons any very honourable circumftance : the Earls of Detinond 
 even made it an exprefs privilege of theirs, never to come to any Par- 
 liament, or walled Town, but at their will and pleafure. The Parlia- 
 ment of Ireland, previous to the times of James the Firft, was in reality 
 no more than a Colonial Affembly. 
 
 In the reign of the Prince we have juft mentioned, the whole Ifland: 
 having been divided into Counties, and Boroughs ere(£ted in thefe,.the 
 
 * See the Difcourfe addrefled by Sir John Davies to the Irifli Houfe of Commons,, 
 to which he had been elefted Speaker . it contains a very pretty account of the for- 
 mation of the Parliament of Ireland, and of the defigns of its meetings, in fubfequent 
 times. It is printed at the end. of the fecond Volume of Dr- Leland's Hijlory of Ire- 
 land. 
 
 Parliament-
 
 6i Sir Inures on the Jate of IrelancI, 
 
 Pai lianient of Ireland may be confidercd as having then begun to re- 
 prefent the Ulngdom. But their confequence could not be fuch as to 
 enable them yet to think of independence : they flood befides actually 
 in need of the autl\oriry of the EngHfli Legiflature, and of the fanc- 
 tion of Englifh A<5ls of Parliament and Statutes, for fettling their 
 Country. During the Century that followed, Ireland either became 
 the feat of civil wars, or was recovering from the devaftation which 
 *^--' „ they had occaiioned. 
 
 Since the beginning of the prefent Century, Ireland has acquired 
 great importance as a feparate Kingdom and Nation. Ireland is equal, 
 in the numbers of her inhabitants, to Scotland, and poffefles fome fu- 
 perior advantages in regard to climate and goodnefs of foil : ftill, rea- 
 fons have exifted, which have prevented there, till thefe latter times, 
 the rife, or at leaft the exertions, of that fpirit of reftleffnefs and violent 
 National jealoufy which ufed to take place in Scotland, and has con- 
 , ftantly been manifefled by thofe Nations who, being pofTelTed of confi- 
 derable internal power, have been precluded from being the feat of the 
 Government. 
 
 In the firft place, the prevailing Intereft in Ireland, even after th« 
 Catholic party had been fubdued, were kept in a conftant ftate of alarm 
 from the numbers and effe£lual ftrength of that party. The degree of 
 ^ ferious attention that continued to be given to that obje>3-, confpi- 
 
 cuoufly appeared from the manner in which the Crown was fettled on 
 ^', the Houfe of Hanover by the Irifh Parliament. The reader has feeh 
 
 in a former place, how great an advantage the Scots had taken of the 
 event we mention, in regard to the Englifli Nation, and to the Crown : 
 they had ftripped the latter both of its legiflative and executive autho- 
 rity in their Country. The Irifh Parliament, on the fnft propoftl 
 made by the Lord Lieutenant, in the beginning of Queen Anne's reign, 
 confirmed that Settlement which had been fixed upon in England; 
 only adding another A61, by which Roman Catholics were dilqualiiied 
 
 from
 
 StrlBures on the Jiate of Ireland, 62 
 
 from fcrving as Members of Parliament, and from voting at ele£lions: 
 they alfo availed themfelves of thofe particular periods of time, in the 
 fame reigii, when the prefent eftablifhment happened to be thought in 
 danger, for obtaining farther laws againft the CathoUcs, and at laft, 
 thofc huvd of Dlfcovery which have been above mentioned. But they 
 went no farther; even though the quarrel with the Englirti Parlia- 
 ment, about Conftltutional Supremacy, had been already feemingly 
 engaged, a very few years before, on occafion of the publication of Mr. 
 Molyneux's Book, as hath been above recited. 
 
 At the fame time that the Irifli, as a diftind Nation, were thus 
 weakened by their own internal divifion, Great Britain either conti- 
 nued at peace with the reft of the world, or was fo fuccefsful in her 
 foreign wars, till the year 1763, that the internal fecurity of her Admi- 
 niftration was rather Increafcd by them ; while her outward force was 
 augmented to a degree that precluded all thoughts of open defiance and 
 overt oppofition in any part of the Empire, to the operations of her 
 Government. 
 
 Befides thofe difadvantages in fa^^, Ireland and her Parliament la- 
 boured under others, in point of form. An hereditary revenue had been 
 fettled upon the Crown, in the reign of Charles the Second, which was 
 more than equal to the expences of the internal Government of the 
 Ifland : the lri(h Parliament were therefore pollelTed of no effeiSlual 
 means to afcertain the time of their fitting, as they had no power to 
 flop neceflary fupplies, either prefently, or after the expiration of a cer- 
 tain time prefixed by them. Neither had the Crown any want of their 
 concurrence, either for regulating, or increafing, the army in Ireland ; 
 as the praftice was to have Mutiny bills for the whole Empire enaded, 
 as well as the quotum of the forces fettled, by the Britifli Legiflature. 
 To thefe circumftances of form it may be added, that the Irirti Legif- 
 lature poflefled but a limited freedom of debate : they were in regard 
 to the introducing of New Bills, and of getting them paffed, under 
 
 thofe
 
 ■64 StriSiures on the Jl ate of Ireland. 
 
 thofe i'efttl£tion3 which have of late years become the fubjed of public 
 difcourfe, under the name oi Poyning's law. 
 
 This fituation of Ireland and her Parliament, which we have juft^ 
 now defcribed, has proved the caufe why the ftruggles of her People 
 for independence on Englifh Government, have continued, duriug the 
 greateft part of this Century, to be confined to wiflies and vehement 
 fpeeches and publications. Even the meafures entered upon by her 
 Legiflature, with thofe views we allude to, were only attempts, as hath 
 been above obferved, only fteps by which to try to enlarge their power 
 and confequence. Acquiefcence was paid to thofe repulfes which they 
 met with, from the Declarations, exprefled in fufficiently lofty lan- 
 guage, of the two Houfes of the Britifh Parliament, as well as to 
 the checks which they did at times receive from the Lords Lieutenants, 
 when they attempted to meddle with the hereditary revenue, or to 
 offer fhort money Bills, that is, for a fhorter time than two years. And 
 thofe fteps of theirs which had failed of fuccefs, were feldom infifted 
 upon, or renewed. 
 
 The fa£l:s that have been above recited give an exaifl ftate of t!ie 
 Conftitution of Ireland, confidered as a diftin6l Kingdom, as it flood 
 previoufly to the late difputes. I mean to fpeak of the Conftitution of 
 fa6l (defaSio), merely. It is not my defign to inquire into the Confli- 
 tution of right, — or to examine into the dodlrine of Mr. Molyneux, or 
 the opinions of Locke, and other Writers on thofe fubjetfts. There is a 
 certain particular knot to queftions of this kind, which thofe perfons who 
 have difcufled them, have not thought of: hence thofe contradiction?, 
 and the vlfible anxiety, which their Writings exhibit. But it is not 
 my intention to fay more in this place on the fiibjeft : I only intend to 
 defcribe the changes that have been lately ef^edled iiythe political fitua- 
 tion of Ireland : it was necefTary for that purpofe, to give an account 
 of that mode of governing which was, in former years, adopted by the 
 Britifh Government, in that Country, and was acquiefced in. 
 
 The
 
 S/r Inures on the Jliite of Ireland. 65 
 
 The real period at which affairs have began to prefcnt a different af- 
 neiSt, and take a dcciiive turn, in IrelauJ, was in tiie year 1778. It is 
 alfo to be remarked, that, at that time, the Government of Great Bri- 
 tain, after being embarraffed during fevcral years by vehement domeftic 
 difputes, was weakened by the defection of its diftant Colonies, and the 
 expenfive war in whicli it was involved by that defe£tion : and a great 
 European Power had jufl: taken part in the quarrel, and fent its fleets 
 and armies to aft in concert with the Colonies. This was the time 
 which the Men of influence in Ireland thought it advifeable to feize as 
 a proper opportunity for increafing both their own private confequence, 
 and the particular advantages of that part of the Empire to which they 
 belonged. This defign which began to be purfued by the Irifli Na- 
 tion, at the time we are fpeaking of, was no very extraordinary in- 
 ftance in the Hiftory of iVIankind. Taking advantage of the wants in 
 which a Government ftands of affiftance, or of the fears it entertains of 
 frefh and multiplied oppofition, has been pradifed in all times and in 
 all Countries, and is a mode ofconduift which Great Men in Britain, 
 and Members of the Britifh Legiflature, have no very particular right 
 to condemn. 
 
 The flirt objeft to which the Leaders of the Iri("h Nation dire£ted 
 their endeavours^ was, the repeal of thofe reftridions that had been laid 
 on their trade, by Ads of tlie Britifh Legiflature. In confequence of 
 the fteps that were taken on that kibjefts, in Ireland, eitlrer by addrefles 
 from public Meetings, or Parliamentary debates and refolves, the affair 
 was introduced into the Britilh Houfe of Commons, in April 1778, by 
 the motion which a Member made for that purpofe, certain ordinances, 
 relative to the trade of Ireland, were, on that occafion, after fome.debatc 
 altered. 
 
 Thefe alterations did not appear fuflicient in Ireland; and the public 
 diflfatisfadion was again exprefled in a loud, unequivocal, manner. The 
 fubjecl was therefore again introduced into the Britifh Parliament: and 
 
 K the
 
 6S SiriSfures on the Jlate of Ireland. 
 
 the confeqtience was, the repeal of the law paffed in the reign of Charles 
 the Second, prohibiting the planting of tobacco, together with a pro- 
 vifion concerning the cultivation of hemp, which was meant for the 
 benefit of Ireland. This was in the beginning of the year 1779. 
 
 Thefe conceflions were not yet fo fortunate as to give fatisfaction. 
 
 The fenfe of the Public was again declared ; and the difcontent was 
 
 manifefted by fymptoms quite different from thofe that had attended 
 
 the complaints made in the time of King William, and the fubfequent 
 
 reigns. Towns and Corporations, as well as public Meetings of the 
 
 People, took a fhare, this time, in the conteft. General agreements 
 
 againfl the importation of Englifli commodities were entered into, in 
 
 imitation of what had been pradlifed a few years before in America ; 
 
 and tlie refra£lorinefs of thofe perfons who either refuied to fubfcribe 
 
 thefe patriotic agreements, or did not fulfill them exactly, was puhifhed 
 
 by thofe fummary and effectual chaftifements in the inflicling of which 
 
 tlie populace ufe i^o laudable to co-operate. A very eloquent Agent alfo 
 
 at that time began diflindly to make its appearance in favour of the 
 
 Irifli Public, — an Agent extremely ferviceable for obtaining political 
 
 fucceffes : I mean here to fpeak of the Armed Aflbciations. 
 
 The mofl: probable account of the origin of thefe Aflbciations, Is, 
 that they firft began to be formed about the end of the year 1777. A 
 Member of the Iriflh Houfe of Commons had, the preceding Seffion, 
 propofed a Bill for eftablifhing a national Militia, as the army (lationed 
 in Ireland had been gradually draughted, and fent to America ; which 
 left the Country defencelefs, and tlie coaft expofed to the infults and 
 petty invafions of the American privateers. The Bill mifcarried : and, 
 as the County which the Gentleman who had moved for the Bill, re- 
 prefented, and in which his eftate l.iy, was fituated on the Southern 
 coaft, he declared that his intention was to form a Volunteer Militia m 
 his County, and to arm his Friends and Tenants. This declaration was 
 foon after fulfilled. The fcene of nov';::lty, and various diverfion, which 
 
 became
 
 S injures on the Jiate of Ireland. 67 
 
 became opened by the learning and praflifing of martial cxercifes, and 
 the forming of military Bodies, loon ditfufed a temptation into the 
 neighbouring Counties, to imitarc the example. The noife of arms, 
 which was refounding, at that time, from the other parts of the Em- 
 pire, was a farther incitement. To which mufi: be added the real ufe- 
 fuhiefs of the zeal that was manifeded by the People on that occafion, 
 as France, much about that time, began to aft an open part in the war. 
 The Anbciations were foon form;;d in the North, as well as in the 
 South. By the end of the year 1778, they had become in a manner 
 general; and the number of the inViiktii Folunteers amounted then to 
 about thirty thoufand Men. 
 
 As a conclufion of this account of the origin of the armed Volunteer 
 AJfoc'iat'ions, It may be added that, on the i 8th of April 1782 ; befides 
 twenty-two Corps, which had lately acceded to the Confederacy, but 
 had not yet made any return. It may alfo be mentioned, that, Go- 
 vernment having began in the courfe of the year 1779, to guefs at the 
 kind of political engine the Ajjociatiotis might be turned into, had made 
 offers of Commlffions and pay -, which were declined : — they alfo or- 
 dered fixteen thoufand (land of arms to be diflrlbuted, by way of fhew- 
 sng, we may fuppofe, that they were not affraid : thefe were accepted. 
 
 The Government, In England, had guefled right: the Volunteer 
 Aflbciations had infufed a new fplrit into the Politics of Ireland. This 
 I'pirit was caught, and openly manlfefted, by the Parliament that met 
 in Oftober 1779. The partial conceffions In regard to trade that had 
 been made from England, about nine months before, were fpoken of in 
 the Debates, in much the fame terms as they were out of doors; and 
 at length a Refolutlon was paffed, " That It is not by temporary ex-* 
 " pedients, but by zfree Trade only, that the Nation is now to be 
 *' faved from Impending ruin," This refolutlon was added as an amend- 
 ment to an Addrefs to the King; and the ceremony of delivering the 
 lame to the Lord Lieutenant, was graced by the prefence of the Dublin 
 
 K 2 Volunteers,
 
 68 Striciures on the Jlate of Ireland. 
 
 Volunteers, who lined the flreets from the Parliament houfe to the- 
 Caftle. 
 
 In order to give weight to the addrefs, a (hort money Bill was foou 
 after brought in. Notwithftanding the novelty of the meafure, the Bill 
 fucceeded ; and being tranfmitted to England, it was there accepted : a 
 circumftance which might appear ftill more unexpedled. 
 
 The Addrefs that had been tranfmitted to the King, and the accounts 
 that had reached England, relative to the proceedings in Ireland, caufed 
 the matter to be again brought before the Britifh Parliament. Eloquent 
 defcriptions were given of the vehement difpofitions of the Irifh Na- 
 tion, of the numbers and martial fpirits of their Volunteers: the Ora- 
 tors took care to extenuate nothing. The dread which the Minifler 
 entertained of hurting the interefls, or prepolTeffions, of the English 
 Manufa6lurer3 and Traders, whofe patience, in thofe difficult and ex- 
 penfive times, it was fo neceflluy to cultivate, now gave way to more 
 preffing confiderations. A Bill was brought in by the Miniflrer him- 
 felf, and pafTed, by which all refrraints were this time taken from the 
 trade of Ireland : their trade was then placed on the fame footing as 
 that of the English Nation, both in regard to foreign Countries, and to 
 thofe polleffions in the Wefl:-Indies, and elfevvhere, which had till then 
 continued to be denominated, Englilh Colonies or Plantations. This 
 was in February \'j%a. 
 
 The Advocates for the IriHi Nation and Volunteers, had flrengthened 
 their arguments with promifes an;l prediclions, that, after the benefits 
 of free trade had beeii granted, peace and quiet would be univerfally re- 
 ftored in Ireland. The Miniftcr had partly believed it. In fad, the 
 ^lendor of the illuminations that were made in Dublin, and moft other 
 Cities, foon feemed to confirm the juftnefs and fagacity of fuch expec- 
 tations. However, fubfequent events fliewed that both parties were 
 raiftakcn. 
 
 Claims
 
 StriSlures on the Jlate of Ireland. 69. 
 
 Claims relative to trade Indeed ceafed to be purfued with the fame 
 warmth as before:— after obtaining an equality in that refpfl, it was 
 rather imprafticable to unite in a(king for more ; at leafl: fo foon. A 
 tranfitlon was made to politics. And fincc the trading part of the Na- 
 tion had been freed from bondage, it was natural to wifli that the 
 Nation at large might likewife be refcued from conflitutional depend- 
 ence and flavery : bcfides, if it were not fo, there was danger that the 
 Britifl-i Legiflature might treacheroufly rcfume thofe advantages which 
 it had lately granted. 
 
 The wiflies which Politicians in Ireland, now began to exprefs were, 
 — in the firfl: place, tO' free their Nation and Legiflature from any de- 
 pendency on the Britifh Legidature, by obtaining the repeal of the 
 declaration Aft paffed ia the 6th year of George I. that has been above 
 recited, in pag. 59.- 
 
 In the fecond place, to refcue their Courts of Law from the Jurii- 
 didlion. of the Britifh Houfe of Peers, and have this fuperior Jurifdiclion 
 allotted to the Peers of Ireland. 
 
 In the third place, to fet afide the controul of the Crown, by the 
 abolifhment of thofe reftraints which were laid upon the Irifh Legifla- 
 ture, in regard to the framing of New Bills, and of getting them pafled. 
 Thefe reflraints, as the reader is very likely informed, were grounded 
 on that Statute of the IriOi Parliament, enabled in the reign of Henry 
 the Seventh, which has been denominated Foynmgs Law, from the 
 name of Sir Edward Poynings, who was then Lord Deputy. This 
 Statute was a kind of {landing Order of tjie Parliament of Ireland, paffed 
 into Law, by virtue of which, as it ftood at firfl and for many years 
 afterwards, no fubjeft was to be debated upon, in Parliament, but fuch 
 as fhould be firfl tranfmitted to England, and allowed by the King in 
 Council, to be introduced. This Aft, Sir John Davies fays, (pag. 231.) 
 ** had been made at the prayer of the Commons, upon jufl and im- 
 *' portant caufe ;" it was probably meant as a protefting regulation, 
 
 wiicn
 
 -70 Strictures on the Jlaie nf Xr eland. 
 
 when the Commons only reprefented the four Shires of the Pale, agalnft 
 the Parliamentary enterprifes of the Lords and great Subjedls of blood. 
 In fubfequent times, a change was made in the above ordinance. New 
 fubjeds might be introduced and debated upon, in order to form what 
 was called Heads of a Bill. The Parliament of Ireland continued then 
 to be under two ref^ri6lions : the one was, that the Privy Council of 
 Ireland might flop thefe Heads of a Bill, refufuig to tranfmit them to 
 England : the other was, that the Englifh Privy Council, either of them- 
 felves, or from the fuggeftions of the Attorney General, might make 
 what alterations they thought proper in thefe Bills, and in ftiort finifh 
 the framing of them j in which State, if it was thought proper to re- 
 turn them, they were fcnt back, in order to their being laid, exailly as 
 they ftood, before the Parliament of Ireland, who were to accept, or 
 rejed, them without alteration. Thefe two reftridtions, the Public, in 
 Ireland, as is above faid, wiflied to have abolhhed. 
 
 They alfo vviflied that their Parliament might be inverted with the 
 power of pafling Mutiny Bills: that is to fay, of refufing fuch Bills, for 
 Ireland, when they fhould think proper, or palling them for what time 
 they pleafed : the Crown being thenceforth to depend on them in that 
 r<?fpecl. 
 
 The independence of the Judges was alfo confidered as an objedl very 
 defirable to be obtained. 
 
 The additional articles of freedom that have jufl been recited, began 
 to be thought of in Ireland, after the liberty of trade had been obtained. 
 \\\ the night in which the flreets of Dublin were illuminated, (Fe- 
 bruary i;8o) hand-bills had been circulated, containing early exhor- 
 tations to the Public, concerning thofe articles. In April following, a 
 Member of Parliament made a motion tending to the fame objedls: he 
 was defncd to poftponc. Warm and zealous Writings alfo continued 
 to be publifhcd, in order to inform the Public. At length the Volun- 
 teers thought they might poflibly be ufeful to forward the bufmefs. In 
 
 order
 
 SiriSfurei on the Jlate of Ireland. 7 1 
 
 order to render their advices more refpeflablc, tliey formed a Congrefs, 
 by means of their Delegates, who met at Dungahnon. Thefe Dele- 
 gates both cleared and fettled the political notions of the Public : they 
 refolvcd what had till then only been wifned for: and, in a Declaration 
 of about thiitcen paragraphs, they gave declfively their opinions in fa- 
 vour of thofe articles of freedom that have been above recited. 
 
 It may be added in this place, tliat the numbers of the Volunteers 
 had, during the two laft years, kept continually increafing. The De- 
 legates, at Dungannon, had been fent from a hundred and forty-three 
 Corps or Aflbciations : other Corps were dally adding to them; and 
 they were in polleflion of an hundred and twenty-eight pieces of 
 cannon. . 
 
 As another fortunate circumftance in favour of the conftitutional 
 freedom of Ireland, a change in the Adminiftration of England, took 
 place about that time (M.irch 1782). The Minifters who were then 
 placed at the helm of the Government, manifefled difpofitions of lefs 
 relu6lance than the Minifler before them had done, in regard to grati- 
 fying the political wifhes of the Public in Ireland ; and they (hewed 
 themfelves to be perfeftly convinced that the difcontent and agitation 
 that continued to prevail in that Country, were owing to the infuffi- 
 ciency of the fteps that had been taken for fatisfying them. 
 
 Steps were immediately taken for repairing the lofs of time in the 
 preceding years. The new Miniflers were appointed on the 30th of 
 March 1782. On the third of April, they recalled the Lord Lieutenant 
 of Ireland, and appointed another. On the ninth of the fame month, 
 one of the Minifters introduced into the Houfe of Commons, the bufi- 
 nefs of the difcontents in Ireland, apologizing at the fame time for not 
 having done it fooner. He rcprefented " the beneficial confequences 
 *' that would refult to the commerce and profperity, the eafe and hap- 
 " pinefs of both Countries, from a fpeedy gratification of the political 
 " wifhes of the Irilh Nation." — He at the fame time added, " That 
 
 «' perfons
 
 72 SindJures on the Jlate of Ireland. 
 
 " peifons would foon arrive from that Country, who were to bring a 
 " precife information of what were the wifhes and what were the ex- 
 *' pedlations of Ireland, — that, as foon as Minifters fhould be in pof- 
 *' feffion of thofe fafts, they would communicate them, m order that 
 " both Houfes together might then go hand in hand, and in certainty, 
 " upon the bufinefs, and do it effedually. The only delay in the bufi- 
 " nefs, not a long one certainly, would arifc from the procuring, and 
 " bringing over, thefe nece£ary informations.; which delay he had no 
 " doubt but the Houfe would allow, fuice their inteations were founded 
 " in reality s.[\diferiotifnefs *." 
 
 The Houfe admitted the propriety and ufefuhiefs of thofe meafures, 
 in general, which the Minifter had juft defcribed, and granted the fliort 
 delay he dehred. Similar fentiments were ahb cxprefled in the Houfe 
 of Lords. While, at the fame time, it was made publicly known, that 
 a new Lord Lieutenant had been named for Ireland, and that his in- 
 flruftions were to be framed in conformity to thofe fatisfaclory mea- 
 fures which were to be purfued. 
 
 To ufe difpatch in England, in framing refolutions for contenting 
 the Irifh Nation, and at the fame lime, to (hew negligence and delay 
 in conveying the information to them, would have been nugatory. As 
 the Minifter himfeif had obferved, " the new Lord Lieutenant was juil: 
 " fettiiig off for Ireland : it was indifpcnfibly proper, that, on his ar- 
 *' rival at Dublin, the People of Ireland might entertain no doubt of 
 " the intentions of the new Minifters, and the inclination of the Crown, 
 «' and the Britifti Parliament." Such a necelTary information was ac- 
 cordingly without lofs of time difpatched. On the evening of the fame 
 day (9th of April), and as loon as the Minifter had concluded his 
 fpeech, both the Secretaries of the New Lord Lieutenant, and of him 
 who was recalled, feverally fet out from London. A ftate Meflenger 
 (Mr. Needham) had preceded them a few hours before. 
 
 * Sec Piirliaiiicntary Debates, and the Political iMajazlnc for the year 1782, p. 421.
 
 Stri5lures on the Jlate of Ireland. j^ 
 
 (continuation, by another hand.) 
 
 The arrival of the two Secretaries in Ireland was immediately followed 
 by that of the new Viceroy. And the Irifli Parliament, meeting the very 
 next day after the landing of the Duke of Portland in April 1782, was 
 uncommonly crowded by flrangers, who had been drawn together by mo- 
 tives of curiofity or by zeal of patriotifm. A new Governor, thus fent to 
 that dlftraded kingdom with fuch uncommon difpatch in the middle of a 
 SelTion, could not fail of being regarded as the bearer of important ti- 
 dings ; and the meflage fent by him to the Lower Houfe, together with 
 the comments made upon it by the Minifler who delivered it, foon gave 
 the public to underftand, that the purpofes of his miflion were of the lafl 
 importance to the Irifh Nation, particularly with regard to the conftitu- 
 tional queftion v^^hich had been fo warmly agitated, and was at length laid 
 at reft. 
 
 In anfwer to the King's meflage, thus figniiied by the Lord Lieutenant, 
 
 the Houfe voted an Addrefs to his Majefly, declaratoiy of the rights of 
 
 the People of Ireland, and fully flating the caufes of their difcontents. This 
 
 declaration was introduced as an amendment to the Addrefs originally 
 
 voted, and was the fuggeftion of Mr. Grattan, who was equally eminent 
 
 for his eloquence and popularity. He prefaced his motion for the 
 
 Amendment with fome very forcible illuftrations of the Declaration of 
 
 l^ights, which the Addrefs was intended to convey to the foot of the 
 
 Throne. " This Nation," fays he, " is connefted with England, not 
 
 by Allegiance only, but by Liberty. The Crown is one great point of 
 
 Union, but Magna Chart a is a greater. We could get a King any where, 
 
 but England is the only country where we could get a Conflitution. 
 
 We are not united with England, as Judge Blackftone has foolifhly faid, 
 
 by Conqueft, but by Charter. Ireland has Britifh privileges, and is by 
 
 them connecfled with Britain. Both countries are united in Liberty." 
 
 He then ftated the terms which he conceived his country entitled to Ri- 
 
 L pulate
 
 j^ St natures on the Ji ate of Ireland » 
 
 pulate for the future fecurity of her Conftitution, and v/hich are parti- 
 cularized in the Addrefs under a declaratory form ; they were as follows : 
 
 A Repeal of the 6th of George I. including a Refloration of the Appel- 
 lant Jurifdidion to the Lords of Ireland. 
 
 An Abolition of the unconflitutional Power of Privy Councils ; 
 
 And a Repeal of the Mutiny Bill. 
 
 A Judges Bill he refrained from mentioning, as he had heard that It was 
 aflented to in England. Thefe were the points which the people of Ire- 
 land had flrongly in view immediately after the enlargement of their 
 Commercial Privileges had been obtained. They were defired, as being 
 in ibme meafure cautionary, for the more fecure and perfedt enjoyment of 
 both mercantile and political freedom ; they had been firft publicly avowed 
 at the Dungannon meeting, as an objedl coinciding with the general 
 wifhes of the nation j and they were at lengtii unanimoufly adopted 
 h'^ the Houfe of Commons, and voted by the Lords in Ireland. 
 
 The fubjedl was refumed in the Britifli Parliament; and refolutions 
 paffed both Houfes (May 17th) for repealing the obnoxious ad:, and for 
 addreliing his Majefty that fuch meafures might be taken by the Go- 
 vernment as fhould eflablifli the connexion between the two kingdoms 
 upon a folid and permanent footing. 
 
 Thus was the firft ftep taken towards allaying whatever difcontents 
 and jealoufies had arifen in Ireland, on account of a Statute which feemed 
 injurious to the national liberty of that Country. Its commercial and 
 conflitutional rights were thus fettled on the bafis of equal independence 
 with that enjoyed by the people of Great Britain. Thefe rights were not, 
 however, as yet perfedly defined ; and a feries of revolutions in the Britifli 
 Cabinet intervening, it was not till the following year, that the full in- 
 dependence of Ireland, botli with regard to Judicature and Legiflation, 
 was finally fecured. Another bill was palled in 1783, confifting of two 
 parts, one of which confirmed and declared the meaning of the Legifla- 
 ture in repealing the 6th of George I. j and the other abandoned the ex- 
 
 ercife
 
 StriStures on the jlate of Ireland. ye 
 
 crcife of the appellant jurifdidlon of Great Britain. By this law, the Su- 
 premacy of the Houfe of Lords in Ireland, in all matters of appeal from 
 the inferior tribunals in that country, was thus finally eilabliflied. The 
 bufinefs of a Mutiny Bill was alfo fettled to the fatisfadion of Ireland. 
 
 The conceffions, which were thus made by thefe adts of the Britilh Le- 
 giflature in favour of the Sifter Nation, were of fo liberal and decifive a na- 
 ture, as immediately to do away all unfavourable impreffions that had arifen 
 in the latter on account of the invidious ftate of political dependence in 
 which (he had been fo long held. They appeared, indeed, fo fatisfadlory to a 
 grateful people, and to the Parliament of Ireland at once vigorous and pru- 
 dent, that the meafures of Government were now received in that King- 
 dom with the moft cordial fupport. For, notwithftanding fome attempts 
 were made by the more zealous Members for a redud:ion of the Military 
 Eftablifliment on the clofe of the American war, and for pafling a fix 
 months Money Bill, both proved unfuccefsful ; the motions for thefe fe- 
 veral purpofes being throv/n out by majorities, which fliewed the con- 
 fidence of the Country. 
 
 The people of Ireland, having thus reflored and improved their 
 Conftitution, were induced, from the effects, which had recently attended 
 all their political endeavours, to carry the fpirit of reform a ftep far- 
 ther. The inadequate flate of Parliamentary Reprefentation, together 
 with the long duration of Parliaments, were confidered as unconflitutional 
 and intolerable grievances. The Volunteers, therefore, who had before 
 fo fuccefsfully fpoken the voice of the nation, once more came forward, 
 and, in a meeting of their delegates at Dungannon (September 8th 1783), 
 pledged themfelves to each other and to their Countiy, to feek a fpeedy 
 and efiedlual redrefs of thofe grievances, and to make every neceflary exer- 
 tion for obtainincr it. 
 
 An aggregate meeting was alfo convened of the Citizens of Dublin, for 
 the purpofe of recommending this objedt of popular defire : and here it was 
 propofed that five perfons fhould be eledled troni each County, City, and 
 
 L 2 great
 
 ^■6 Stri^ures on the Jlate of Ireland. 
 
 great Town in the Kingdom, to meet in a National Congrefs, at fome con- 
 venient place in the Capital, in order to determine on fuch meafures 
 as fhould feem mofl conducive to the attainment of the Reform fo anxi- 
 oufly delired: A Petition was voted to be prefented to his Majefty, ex- 
 plaining tlie fenfe of the Nation upon the fubjeft, and reprefenting, 
 amongft "other caufes of complaint, that a Bill for a more equal Repre- 
 fentation of the People had been rejedled by their own Reprefentatives 
 in Parliament even without difcuffion ; that protedling Duties had been 
 denied, which were deemed neceffary for the encouragement of the infant 
 Manufaftures of Ireland, and which England had thought expedient, 
 even in the prefent flourifliing ftate. of her commerce. The petitioners 
 finally prayed for the DilTolution of a Parliament, which had viewed their 
 proceedings with jealoufy, and rejedled their defires with firmnefs. 
 
 The meafures, which were thus recommended^at this aggregate meeting 
 of the Citizens of Dublin, were afterwards repeatedly adopted, and Refo- 
 lutions fimilar to the former were paffed unanimoufly by other conventions 
 of men who concurred in one defign. 
 
 It is here to beobferved, that a remarkable part of the Irifli Reform was 
 a communication of the Rights of Eledlion to the Papifts of that Coun- 
 try. This propofal, which had been thrown in for the purpofe of dif- 
 tinion, met with the difapprobation of fome of the higheft characters 
 among the Volunteers ; and it has been remarked of the whole plan, that, 
 even if it fhould be admitted as neceffary in England, it by no means will 
 follow, that it is neceffaiy in Ireland. The Reprefenta'tives of Ireland are 
 chofen by a much greater proportion of the people, who can be prudently 
 qualified to vote, than in England. The change of property in the former 
 country, and its divided interefls, (the property and eflablifhed Govern- 
 ment being comparatively in the hands of a few,) were faid to be objec-' 
 tions againfl throwing the power of Eledlion into fufpicious hands, more 
 particularly as no qualification, with refpeft to property, is required 
 for obtaining a feat in the Irifh Parliament. With regard to the 
 
 protedling
 
 StrlStures on the ft ate of Ireland. y-j 
 
 protedting Duties, which had been denied by the fame AiTcmbly to the 
 earnefl calls of the Dublin Manufadlurers, it has been affirmed, perhaps 
 with juftice, that they would have produced infinitely greater inconve- 
 niences than they were meant to obviate : for, if high duties were laid 
 upon Englifh ManufaGures, the confequence would be, that the Britifh 
 Parliament would not only retaliate, but the Irifh mufl buy at an enhan- 
 ced price, what they could not do without, which would diftrefs, rather 
 than relieve them. 
 
 The ardour of difcuf^ion, which had exerted itfelf upon conflitu- 
 tional queflions, now again gave place to the interefts of commerce. - 
 The political regulations had originally been applied to remedy- 
 evils comparatively remote in their eiiedt, and often exilling more in 
 apprehenfion than in reality; they were attended rather with circum- 
 ftances of fplendour than of immediate utility, and they were therefore 
 juflly regarded as lefs ufeful than extenfions of trade; but the changes 
 made in the external Legiflature of Ireland were inftantaneoufly felt and. 
 enjoyed. Thefe changes, and the enlargement of her commercial privi- 
 leges, had been conveyed in terms fufHciently perfpicuous to the mer- 
 cantile people of both Nations; but the immediate intercourfe between the 
 two Iflands, which was flill obfLrudled by adls of the Britifh Parliament, 
 and by the prejudices of the Britifh traders, required to be made more open 
 and free, by an adjufiment of fuch points as had not been yet arranged. 
 
 For this purpofe, it was deemed highly expedient, that whatever regula- 
 tions might appear necefl'aryfliouldbe firfl difcufTed in the Irifli Parliament, 
 in order that the Britifh Minifler might be enabled to flate what that affembly 
 had in exf edlation, and upon what terms they were willing to cooperate in 
 the formation of a permanent fyfiem. As this adjultment of commercial 
 concerns was to bear the force of a Treaty, final and perpetual, between 
 two independent Nations, touching their mofb obvious interefls, it. 
 was ratural for the Manufadurers and Merchants of both countries, who 
 were immediately liable to be afrc(5ted by its operation, to examine. 
 
 every
 
 yS StriSiures en the Jl ate of Ireland. 
 
 every part of the fyflem ^^ith the mofl minute and jealous attention. It 
 was alledged, that the Union betv/een England and Scotland, which is fo 
 finely recorded by De Foe, was a work of infinitely lefs confequence 
 than the prefent nieafure, and whatever might have been the obilacles 
 thrown in the way of the former, they were but trifling, \vhen compared 
 to the jealoufies, terrors, and apprehenfions excited by the profpedt of 
 this incorporation of difunited rights. Quefi:ions of a political nature 
 may fometimes be above the comprehenfion of the many ; but where the 
 interefts of trading communities are fuppofed to be concerned, every ar- 
 tizan becomes as quick-fighted as the mofl experienced negociator. The 
 commercial arrangements between the Sifter Kingdoms were faid to be 
 pregnant with the moft tremendous revolutions in private' property, as 
 v/ell as in the national wealth and profperity of both Kingdoms : for 
 every article of the regulations contained in them was reprobated on both 
 fides of the water, with a degree of heat and acrimony that is always 
 moft forward and apparent when founded in error. 
 
 The condition, requiring that the trade laws of both fliould always 
 be the fame, alarmed the jealoufy of the Irilh people for their conftitu- 
 iional independence. On the other hand. Great Britain regarded this 
 point as i:i effential to the naval defences of both that Ci\z fcemed deter- 
 mined never to admit Ireland to a full participation of com.mercial privi- 
 leges without a fimilarity of commercial laws, which the Iriih Legifla- 
 ture had often pafi'ed fince the epoch of its independence. But ambiguous 
 words were now plentifully fcattered among the Irifh people, which made 
 them look with apprehenfion to the annual precedents of their own Par- 
 liament. 
 
 Though this fyftem has been mentioned as a compact final and 
 perpetual, yet without enadling any thing, it contained only declaratory 
 matter, which formed the ground work of future Adts of Parliament, 
 that were to eftablifli fpecific regulations conformable to the principles 
 held forth in the general Refolutions. 
 
 To
 
 StriBures on the Jlate of Ireland. 79 
 
 To jfpeak Impartially of the merits of this bufinefs. It niufl be allowed 
 to have originated in the defires of the Irifli Parliament, and in the lau- 
 dable ambition of the Minifler whofe meafure it was, to effedluate a com- 
 prehenfive and final underftanding, between two kingdoms that ought to 
 be united to each other by every tie of interefl and affedlion. The ap- 
 pellation of Sifters was never more defervedly applied than to Great 
 Britain and Ireland. The hand of Nature itfelf has placed them 
 under one Sovereign, enjoying a fimilarity of Government and Conftitu- 
 tion, and has connedled them by the foundell alliance of mutual wants 
 and reciprocal fupplies. No wonder then that the furtherance of fo 
 great an objed:, as the clofer connexion of two Countries, thus united by 
 fo many ties, fliould be one of the firft meafures adopted by a Minifler 
 who wiflied well to the profperity of both. Called to the diredion of 
 national affairs at the clofe of a ruinous and impolitic war between tlie 
 Mother Country and her Colonies,, he naturally aimed at retrieving her 
 loffes by the various arts of peace, and by the aids to be contributed by 
 Ireland out of the furplus of her hereditary revenues. And apparently 
 no means could be more eligible for effedling this purpofe, than a fyflem, 
 whofe objedl was to enlarge and afcertain the national advantages which 
 mutually refult from an intercourfe of commerce between the two Iflands. 
 
 This opinion naturally fuggefts itfelf to an impartial reviewer of this 
 tranfadiion. For it cannot befuppofed that a bufinefs of fuch tranfcendent 
 magnitude, would have received the fandion of the Parliaments of the 
 Sifter Kingdoms, had it been injurious to the commercial and political 
 interefts of both -, tkough the objedions raifed againft it were equally 
 violent on both fides. Prejudice, indeed, is not the growth of one foil 
 more than another; and we need not look further than the Hiftory * 
 of the Union with Scotland, to fee meafures of the moft approved utility 
 impugned and calumniated by the ill-founded prepofiTeflions of the day. 
 
 * See. De Foe's Hlftory of this famous Union. 
 
 It
 
 S'O Eiri5iures on the jlate of Ireland. 
 
 It only remains to be obferved, that the modification propofed by the 
 above mentioned commercial arrangements, appears (particularly in one 
 article refpedting the application of the furplus of the hereditary revenue 
 of Ireland) to correfpond in its principle with a plan faid to have been 
 propofed a few years ago by a nobleman of the moft: refpedlable abilities, 
 the fubftance of which is nearly contained in the following words : 
 
 " Would it not be wife in Ireland to fay to the Britifh Government, 
 I will pay you a neat 7 or 8oo,oooI. a year, applicable to your annual 
 fupplies, or paying off your debt, and leave the defence of the Kingdom 
 entirely to your own difcretion, on condition that I fhall never have any 
 military charge or penfions laid on me ; the remainder of the revenue 
 to be at the application of my own Parliament, for the ufes of interior 
 Governm.ent only, and for the encouragement of the trade, manufacflures, 
 and agriculture of the Kingdom. That you ihall give me in return a fpecified 
 freedom of commerce. — This furely would be the wifeil: bargain that Ireland 
 ever made. — The Pai-liament of the Kingdom would flill retain both im- 
 portance and bufinefs — and perhaps the advantages of an Union would be 
 enjoyed without its inconveniencies j for the Parliament would remain for 
 the civil protedion of the Kingdom, and the Britifli Legiflature would not 
 be deluged by an addition of Irifli Peers and Commoners ; one reafon 
 among others which made the late Earl of Chatham repeatedly declare 
 himfclf againft fuch a meafure." The Earl of Shelburne, adds the writer 
 from whom this quotation is drawn, " has affured ine of this fadt; nor 
 let mc omit to add, that to that nobleman I am indebted for the outlines 
 of the preceding plan." 
 
 The necefiity of defining tlie commercial claims of the two King- 
 doms ftill fubfifls in all its force; and fince the experiment failed 
 which was intended to efi^edl this, it has been argued that a commercial 
 treaty of any fort would be infufiicient for the purpofe. For, it is faid, that 
 no commercial treaty between tv\'^o Kingdoms, with independent Legifla- 
 ;tures, though under the fame King, can, or ever will produce a real and 
 
 efFedlual
 
 StriSfures on the Jicite of Ireland. % \ 
 
 cffedlual confolidatlon of interefts. That is, fuppofing the treaty to 
 be in flid: admirably calculated for mutual advantage; yet, the idea 
 of two independent nations flill remaining, the greater number will 
 ever confider their interefts as diftind:, independent, and often in- 
 compatible. That the mercantile interefts of the two Kingdoms have 
 been for ages regarded as incompatible, is evident from the fevere 
 reftritflions that fo long difcouraged the commerce of Ireland. But if 
 an effedlual confolidatlon of interefts be the legitimate object of every 
 commercial Treaty between two independent Nations, and if a deficiency 
 of the mode be an argument againft any particular treaty; then the projed: 
 of a commercial Treaty with any foreign Nation, particularly with France, 
 muft be the moft futile that ever could enter the imagination of an Englifli 
 Statefman : for, who ever thought of an effeSlual conJoUdation of the in- 
 terefts of France with thofe of Great Britain, though the real interefts 
 of both may be promoted by a commercial agreement, ftipulating reci- 
 procal facilities ? Yet, we have feen fuch a treaty adjufted and ratified be- 
 tween France and Great Britain, and have every reafon to expedl the moft 
 beneficial confequences from its operation. 
 
 But the truth is, as muft be obvious to a moment's refledlion, that in 
 fuch treaties it is not a confolidation of interefts that is meant to be 
 effeded, but an equalization of them ; not that the interefts of both 
 parties fliould be to every extent the fame, but that where interefts are 
 diftinft, independent, and often incompatible, they may be fo modified by 
 mutual concefiions, that neither party fliall derive any advantage from 
 fuch arrangement, v/hich fliall not be compenfated to the other. Now 
 there appears no reafon why this lliould not be as feafible with regard to 
 Ireland as to France, though a fimilar attempt indeed has not turned out 
 equally fuccefsful, fince political jealoufy proved too powerful for mer- 
 cantile intereft. 
 
 The failure of the late commercial arrangements between Great Britain 
 
 M and
 
 $2 Stri5iures on the fiate of Ireland. 
 
 and Ireland, which had been fo ardently defired by the true friends of 
 both, has induced many well-informed men to infiil, that an incorporate 
 Union of the two nations is the only adequate and lafling remedy, which 
 can prevent hereafter the inconvenience of mercantile altercations, or the 
 danger of abfolute feparation. In fupport of this opinion, they urge re- 
 fpedlable authorities and weighty arguments. But, leaving the merits of 
 fuch a meafure to the irrefragable decilions of time, which frequently takes 
 pleafare, as it were, to expofe the fallibility of political reafonings, it 
 muft be admitted, that the Irifh Privy Council, in 1676, and the Irifli 
 Houfe of Peers, during the reign of Anne, propofed an incorporate Union, 
 as the mofl effeftual means of improving the commercial advantages of 
 Great Britain and Ireland, and of fecuring the ftability of the Britifli 
 Empire upon a permanent inundation. 
 
 It is remarkable that this meafure has been ilrenuoully recommended by 
 advocates of all parties, and of both nations. An Irifh writer, urging the 
 advantages of a Union, has quoted authoi-ities largely in fupport of his 
 opinion. As the grand remedy, fays he, for the decline of foreign trade. 
 Sir Matthew Decker propofes to unite Ireland, and to put all the fubjeds 
 of the tvv'o Kingdoms upon the fame footing in trade. Sir Joliah Child 
 recommends the fame meafure. Dr. Campbell fays, that the main drift 
 of his Political Survey, was to open men's eyes on the importance of all 
 the parts of the Britifla territories, as being at once the only natural and 
 certain means of eflabli filing the grandeur, procuring the fafety, and fixing 
 the permanency of the Britifli Empire ^ a triple alliance, or rather ftrid; 
 Union between England, Scotland, and Ireland, being the only league. 
 neceffary to make his Britannic Majefly the moll potent Monarch cf 
 Europe. — Sir William Petty faw it in its true light at a very early period, 
 and points out as the firft impediment to England's greatnefs, that " the 
 territories thereto belonging are divided into fo many Kingdoms and feveral 
 Governments. There be, continues he, three Icgiflative powers in Eng- 
 land,
 
 StriBures on the Jiafe of Ireland, 83 
 
 land, Scotland, and Ireland, which, inftead of uniting together, do often 
 crofs upon one another's trade, not only as if they were foreigners to each 
 other, but fometimes as enemies." 
 
 To thefe may be added the opinions of fome of the moft intelligent 
 and refpedlable living charafters of the prefent age *. The Duke of 
 Richmond, who, as a friend to Ireland, was exprefsly folicited by the Vo- 
 lunteer Delegates of that Country for his advice upon the fubjedl of con- 
 ftitutional reform, thus frankly exprelTes himfelf in his reply to them. " I 
 have always thought it for the interells of the two iflands to be incorporated, 
 and form one and the fame Kingdom, with the fame Lcgillature, meeting 
 fometimes In Ireland, as well as England. — I am fenfible that there are 
 great difficulties attending the adjuftment of fuch an Union, and that it 
 requires great wifdom and temper to form it, efpecially on the part of Ire- 
 land, which mufl feel that fhe ought to give the preponderance to Great 
 Britain^ but I am fare that the bufmefs ought not to be negledted, and that 
 every true friend to both Kingdoms ought to give it his moft zealous 
 afllflance." 
 
 The fame is the opinion repeatedly given by an eminent Divine, who has 
 written frequently upon fubjefts of national importance, and whofe 
 writings, for found fenfe, perfpictiity, and freedom from party, have 
 jullly commanded the public attention : the propofal of incorpo- 
 rating both the Britilh Ifles together. Dean Tucker reprefents as having 
 long been the wiih of every generous, dilintereiled Patriot of both King- 
 doms, and the benefits that would refult from it as equally interefting and 
 important to both. 
 
 That an Union between Great Britain and Ireland would produce no 
 fqlid difadvantage to the Irifh commerce, is a pofition which ought not to 
 be admitted, becaufe it cannot be eafily proved : for, allowing every de- 
 gree of fplendour to the acquifitions that Ireland has lately made in that 
 refpedl, fhe cannot furely be faid to enjoy at tliis moment fuch well grounded 
 
 * Lords Sydney, CarliHe, Derby, Camden. See Stockdale'a Parliamentary Debate?, 
 July 8, 1785. 
 
 M 2 hopes
 
 84 StriS'iures on the Jlats of Ireland. 
 
 hopes of flourifliing by trade, as if flie were put in every refped: upon the 
 fame footing with Great Britain. Indeed, were poHtical prejudices, which 
 ever regard fliow, more than fubftance, fairly laid afide, and the genuine 
 advantage of Ireland folely confidered, that nation has every reafon to wifh 
 for fuch an event. *' Ireland," as an ingenious writer of that Country 
 remarks, though (lie traces her antiquity to the remoteft period, " is 
 not four fcore years old in the period of improvement;" nor is it pro- 
 bable, that, even with the advantages which flie has already obtained, her 
 trade will make any confiderable advances towards the flourifhing con- 
 dition in which that of Great Britain has been for a century pafl. " En- 
 thralled as fhe has long been," continues he, " by evil habits, the moft 
 perfetft freedom will not at once emancipate her. Manners have a greater 
 influence than laws. It will require much time and a foftering hand to 
 rear induilry in that foil, though planted ever fo carefully. Before it will 
 bear the rich fruits of arts and comm.erce, a long feries of years wUl pafs 
 away. As a horfe that has been thrown and bound to have fome opera- 
 tion performed on him, yet continues to lie ftill after being loofed from all 
 his cords, jufl fo would it be with Ireland. A confiderable portion of 
 time muft elapfe before flie would begin to exert the powers that flie pof- 
 lefl'ed." 
 
 Ireland, as Sir Matthew Decker juflly obferves, is too poor to carry 
 her trade to the extent of which it is capable, fo that were it as free 
 as It is poflible to make it, tuhich can only be effeSled by an Union, it 
 mufl neverthelefs be ftill carried on by Englifli ftocks. Confequently, 
 adds he, a great part of the profits of it muft fall into the hands of the- 
 Englifli merchant. The immediate balance of advantage between 
 the two iflands, muft certainly be for fome time in favour of England. 
 Nor can any fenfible change happen in the Irifli trade, in cafe of an 
 Union, or in any other cafe that can pofljbly afteifl it,, at leaft ior this 
 generation, unlefs the Englifli merchants fliould open warehoufes in the 
 ports of Ireland, and then they would profit thcmlelves without injuring 
 their native country. This method has already been adopted in the linen 
 
 trade
 
 StriSiures on the Jlate of Ireland, 8 ^ 
 
 trade of Ireland, which owes much of its fuccefs to the Ejiglilh capitals 
 embarked in it. But this method will by no means become general, or even 
 take place to any confiderable extent, while the two iflands continue in any 
 other form of commercial relation, than that which an Union would 
 create. The reafon of this is plain, the Englifh merchant will never 
 embark his capital in what he coniiders as a foreign country, the trade 
 of which being under regulations in many refpecfts very different from tlie 
 Britifli, will not have fufRcient attraction to induce him to renounce, 
 or forfake, even in part, the traffic with which he is well acquainted, 
 and the profits which he hath long enjoyed. But he will be far 
 lefs difpofed to make this renunciation in favour of a fpecies of traffic 
 which he probably confiders as interfering to a degree of ftrenuous rival- 
 fliip with the proper commerce of his native country. Whereas botli 
 Governments being united internally and externally, their code of com- 
 mercial regulations being of courfe one and the fame, the mercantile- 
 interefts of particulars, though trading on different fides of St.. George's. 
 Channel, will alfo be perfeftly the fame, nationally confidered ; that is, 
 they will be as much the fame as the interefls of merchants trading from- 
 the fame country can be, which do not immediately clafh or interfere in a 
 private view j they will be regarded as conducing to the general profperity 
 of the fame commonwealth. Like bees labouring for the fame hive, they 
 will no longer look upon each other as belonging to a fwarm of interlopers, 
 but range the vafl fields of ocean with concord and unanimity, gathering 
 the riches of all-bounteous Nature, wherefoever induflrious enterprife fhall 
 point them out. There will always be enough for all. No trade can^ 
 be overflocked in a free country, if the departments be fitly arranged. 
 Tliere will be room enough at all times for the exercife of all the induftry 
 of both countries without clafliing. 
 
 Finally, it has been demonflrated, and is a truth generally re- 
 ceived, that a poor nation can never carry away I'rom a rich one, thofc 
 manufad:ures, tlie cheapnefs of which depends chiefly on large capitals-,. 
 
 Muchi
 
 g5 Strictures on the Jlate of Ireland. 
 
 Much has been faid of the cheapnefs of living in Ireland ; the divifion 
 of labour, and habits of induftry ; but the Scotch live not more expen- 
 fively than the Irifli, yet experience proves that no Englifh manufadure 
 has been injured by their competition fince the Union. 
 
 It may not be amifs here to obferve, that the removal of thofe impolitic 
 commercial reflridtions and difabilities which were formerly laid upon 
 Ireland and its confequent extenfion of trade, has entirely changed the 
 ilate of the queflion, with regard to the expedience of an Union between 
 Great Britain and Ireland ; confequently the greatell part of the argu- 
 ments ufed in fupport of it, previous to that asra, as they tended to prove 
 the advantageous effefts to Ireland, of fuch an enlargement of trade, af- 
 fumed as a circumftance neceflarily connected with and refulting from 
 the Union, are now inapplicable; as, on the other hand, the objections of 
 thofe who feared the pernicious confequences to Great Britain, of allowing 
 fuch unlimited commercial privileges to the Irifh, as this Union would 
 create, are equally done away. The emancipation of the commerce of 
 Ireland, has proved experimentally to the advocates for the queflion, that 
 many of thofe advantages which they defcribe, can exift independent of an 
 Union, and to its oppofers, that the difadvantages apprehended from it to 
 the trade of England have been in a great, meafure imaginary. 
 
 The principal objeiftions therefore to an Union on the part of Ireland 
 at prefent, are the encreafe of abfentees ; the want of a Parliament for 
 protedtion againft the officers of the crown; and laflly the increafe of 
 taxes. The firft and lafi: objedions, if they are admitted to be evils, imply 
 the impoverifhment of the Kingdom, and were objeded in Scotland againft 
 the Union which has taken place; but the fad is diredly otherwife, and 
 Scotland fince that fortunate epoch has continually augmented her opu- 
 lence. Nor can a nation be thought on any mercantile principle to be a 
 lofer, which exchanges the refidence of idle country gentlemen, for a nu- 
 merous race of induftrious farmers, manufadurers, merchants, and Tailors. 
 As to taxation, it ought to be confidered that it always did, in every ftate, 
 
 follow
 
 Stridfures on the Jlate of Ireland, 8 7 
 
 * follow profperity and wealth, when necefiity required, or prudence directed, 
 for the public welfare. The ficond objedlion feems to have been nearly as 
 ftrong in the cafe of Scotland, and yet the evil has hadnoexiflcnce; the four 
 Courts of Dublin v/ould of courfe remain, though the Governments were 
 incorporated ; nor does it appear that any great protedlion rcfults to indivi- 
 duals from a Parliament, which the law of the land does not give. Yet upon 
 this ground of objedlion, every corporate town in Ireland would, no doubt, 
 found the alarm againfl an Union with Great Britain ; for, as they would 
 ibme of them lolfe the rights of returning members to Parliament, and 
 of courfe their confequencc, they would reprefent eveiy plan of incor- 
 poration as pregnant with diihonour and ruin, while interefb would con- 
 cur with vanity, to reprefent that as extremely dangerous which might be 
 ufefully fafe. 
 
 People accuflcmed to the pomp and pageantry of ilate come at 
 length to lay a high value on them. Nor are the Irifli fingular in tlieir 
 attachment to fuch matters. It was provided by a claufe, added to the 
 articles of the Union of Scotland, that their Crown and other regalia fhould 
 remain at Holyrood Houfc. And fuch was the popular prejudice againfl 
 the Union, while the treaty was in negociation at Edinburgh, that it be- 
 came neceffary to call in the army to proted: the houfes and perfons of 
 thofe who were fuppofed to favour it. 
 
 It is obvious, on the other hand, that England would gain from the 
 opulence of Ireland, which would bear a part of the expences of their 
 future wars, without fharing in the burthens of the exifting debts. Some 
 aflert, that Ireland is already taxed higher than England, if the trade and 
 refources of both Nations be confidered ; but in reply to this it has been 
 obferved, that Ireland is rather unequally tlian heavily taxed : for refidents 
 there pay but little, and abfentees pay no large contribution towards tha 
 expences of Government. Equitable taxation therefore can only be ex- 
 pelled from an incorporation with England. 
 
 It. may indeed be faid, " Why {hould we contribute to leiTen the in- 
 
 cumbranes
 
 88 StriSJures ou the Jl ate of Ireland. 
 
 cumbrances of Britain?" For the befl of reafons. A jundion of both 
 Kingdoms, inftead of being pernicious to the one, by involving her in a 
 participation of the debt which the other labours under, would, from the 
 profperit)'- that muft thence accrue to both, enable not only Britain in a 
 greater degree, but Ireland, to contribute to the diminution of the prefent 
 national incumbrances. From being two diftindt Sovereignties they 
 would coalefce into one ftate with a better chance for ftability than in their 
 divided condition, and the lefler Kingdom, by becoming, under thefe cir- 
 cumftances, a part of the united whole, would reap fuch advantages as 
 to enable her, in the midfl of encreafing profperity, to pay her proportion 
 with eafe. 
 
 That fuch would be the advantageous effedls of an Union on the com- 
 merce and wealth of Ireland, is rendered probable by one improvement 
 which remains to be mentioned, and which would be the certain confe- 
 quenceof an Unity of Legiflature. It is undeniable that the laws are in 
 much lefs force in Ireland than in Great Britain. The ftate of fociety in the 
 former country would owe much to a vigorous and impartial adminiflra- 
 tion of juftice, iimilar to what obtains in the latter. The violent outrages 
 that are unaccountably permitted to exift in one Province of Ireland, while 
 they render the property and domellic peace of individuals uncertain, will 
 ever be an unfurmountable bar to the flourifliing of internal Commerce ; 
 without which it is impolTible for any Nation conftantly to derive any 
 advantage from the happieft eftablilhments. The pidlure that is drawn of 
 thefe violations of order and law in Ireland, by a publick-fpirited Prelate 
 of that Kingdom, is really alarming. 
 
 " The prefent proceeding, fays he, is not a paroxyfm of phrenzy origina- 
 ting with ignorant and rafh peafants, but a dark and deep fcheme planned 
 by men lT<.illed in law and the artifices by which it may be evaded. Thefe 
 enemies to the publick peace, though nominal Proteftants, fuggefled to 
 the farmers to enter into a combination under the fandlion of an oath, not 
 to take their tithes, or to affift any Clergyman in drawing themj and a 
 
 form
 
 StriBures on the Jlate of Ireland. 89 
 
 form of fummons to the Clergyman to draw, penned with legal accuracy, 
 was printed at Cork, at the expence oi a gentleman of rank and for tune t 
 and many thoufand copies of it circulated with diligence through the ad- 
 jacent counties. In order to render thefe oaths univerfal, the Whiteboys, 
 fometimes in numerous bodies, fometimes by delegates from fuch bodies, 
 tendered them at the Romifh Chapels and market towns. At the fame 
 time, to avoid the appearance of intending to rob the clergy of their whole 
 maintenance, they publifhed, and the newfpapers copied, a tithing table, 
 which, however, was never generally adhered to by them. The rates pro- 
 pofed by their feveral parties varied in different parifhes, and in the fame 
 parilli at different times, as the terror of their number increafed. In 
 feme parifhes thefe diminutions were followed by a refolution to admit no 
 compofition for tithe. It is worth remarking, as an evidence that the 
 ■poor were not the authors of this difturbance, and that their relief was 
 not the real objed of its promoters, that the Whiteboys did not aim to 
 render potatoes tithe free, but from the beginning infifled on anniliilating 
 the tithe for hay." 
 
 Here it may be obferved, that the wealthy graziers in Ireland, who form 
 perhaps the principal part of the landholders, being, by a very impolitic 
 adl of the Legiflature, exempted from paying tithes of agiflment, would, 
 in this cafe, almoft abfolutely ceafe to contribute to the maintenance of 
 the eftablifhed Clergy, " whofe duties are more arduous than thofe of theii- 
 Englifli brethren, in proportion to the oppolition of Diflentmg fe(5ts in 
 Ireland, and more laborious in proportion to its want of civilization. And 
 in no country in Europe," adds the worthy Prelate, " do they require fo 
 general an information in religious controverfies, and at the fame time 
 fo great a fliare of civil prudence in the Parifh Minifler, as in this Kingdom, 
 diftradted as it is, more than any other country, by jarring fedts, and in 
 a political fituation delicate beyond any other, from its inferiority in power 
 to the Sifler Kingdom, and from the various objects of rivalfhip and jealoufy 
 between them. This combination," continues he, " was as eifedlual to 
 
 N deprive
 
 oo StriSlures on the Jiate of Ireland. 
 
 deprive the Clergyman of almoft his whole income as forcible oppofition, 
 and had tithes been their only objed:, they had no motive to proceed further. 
 This, however, did not content them. They took the arms out of the 
 hands of Protejlants, whom they could not fufpeiS of employing them 
 in defence of tithes. They levied ammunition, and money for the exprefs 
 purpofe of purchaling warlike ftores ; forced individuals who had taken 
 tithe to fwear to break through their agreement ; menaced and ill treated 
 perfons who ferved procefles, or fliould appear at the aflizes to prove 
 contracts for tithes ; proceeded to commit favage afts of cruelty on the 
 fervants of the clergy, and at laft to attack their perfons ; to force them to 
 fwear to give up their property, to prepare graves for them, and to threaten 
 fome with tortures and death. They intimidated veftries from levying 
 money for the repair of churches, for the payment of the legal falary of 
 the officers attending the Church, or the purchafe of elements for the 
 Holy Communion ; refufed payment of Church rates, and refcued the 
 goods diftrained for the fame by the parifh officers j nailed up one Church, 
 and bound themfelves by oath to burn another ; they broke open Gaols, 
 fct fire to hay and corn, and even to houfes, efpecially thofe occupied by 
 the army ; and at laft had the audacity to threaten the cities of Limex-ick 
 and Cork, and the town of Ennis, the capital of Clare, with famine, and 
 to take meafures for interrupting a fupply of provifions by public menaces 
 to fifhermen and farmers ; they threatened to burn a whole town, unlefs 
 a Whiteboy confined there was releafed : but the circumftance which 
 appears moft alarming, (as it is the ftrongeft evidence of fyft em,) is their 
 having eftablifhed a kind of Poll Office for communication, by which 
 probably they are enabled to convene fuch public meetings as their own 
 notices prove they actually hold. Into this ftate of favage anarchy they 
 have reduced the province of Munfter, and continue nightly expeditions 
 for their grand objed:, that of /' arming the Protejlants and arming them- 
 felves, tiot only in that province, but in that of Leinfter, within fifty miles 
 of the capital. What were the motives, let the meafures declare ; what 
 
 will
 
 StrlBures on the Jlate of Ireland, g r 
 
 will be the effcH: on the Protefcant religion and intereft, and of courfe on 
 tlae connexion of this country with Great Britain, unlefs the Legijlature 
 fliall take a finn, decided part, is too evident," 
 
 This is, doabtlefs, a hideous pidure, which an amiable painter has 
 drawn from the life. It fpeaks to the feelings of .Great Britain and 
 Ireland, how much an Union between them would promote a fimilar 
 admin iftration of Liw in both, with the fame efFeds of peaceful deportment 
 and laborious application. From doing nothing, we learn to do ill. When 
 reflrained by wholefome coercion within the bounds of law, and when 
 deprived of occafions of violating the public tranquillity, the lower orders 
 may be gradually vv^eaned from habits of turbulent poverty, and embrace 
 in exchange the more eligible enjoyments of decent competence and real, 
 fireedom. 
 
 Upon the whole, an incorporate Union of Great Britain and Ireland 
 may be pronounced a moll delirable objed to both Kingdoms ; yet it is 
 certainly not without its difficulties. Every meafure of fuch extraordi- 
 nary magnitude, muft be fuppofed to meet with a proportionable oppofi- 
 tion. In the adjuftment of fo weighty a bufmefs, befides the obstacles 
 thatarife from the very nature of it, inveterate prejudices, and contending 
 interefts, would not fail to create many additional hinderances. All thefe 
 might, hov/ever, be obviated, and finally removed, by the temperate 
 management of well-chofen commiffioners from both countries. It may, 
 perhaps, be juftly afferted, that the Union of England and Scotland was a 
 work far more delicate, and ftill more difficult from ancient prejudices,. 
 and recent innovations, than would be found, if attempted, with Ireland : ; 
 for, fuppofnig the external obflacles originating from human paffions to be 
 equally out of the queftion in both cafes, the perfed fimilarity of the 
 conftitutions of England and Ireland, both as to church and ftate, would 
 make the people of both much more eafily coalefce. No fmall part of 
 the ditHculty, that was encountered in the Union of Scotland and Eng- 
 land, arof? from their difference of Church Government, fince even now, 
 
 N 2 though
 
 92 Stri&ures on the ft ate of Ireland. 
 
 though thefe Kingdoms are incorporated, their religious eftabUflimentS, 
 as De Foe remarks, are only confederated : on the other hand, the eftablifh- 
 ed Churches of England and Ireland are the fame in both Kingdoms. 
 Thus one half of the obftacles which then occurred, would not be found 
 to exifl in the negociation for an Union with Ireland. 
 
 At the fame time, it muft be owned, however great the expedience may 
 be, that we can hardly expedl any future period to prefent fo favourable 
 a juncture, nor any thing like the fame relative fituation between the two 
 Kingdoms, as took place at the time of the Union with Scotland. In- 
 numerable caufes operate to make it unlikely, that we fliould ever recur 
 to the terms upon which the Governments of England and Scotland then 
 flood ; nor indeed is it to be defired that we fliould. The formidable 
 ftrength of England, owing to a fuccefsful foreign war, or rather a con- 
 tinued feries of the moft brilliant viftories, enabled her Government to 
 carry her point, however unpalatable the Union might have been to a 
 great part of the Scottifli nation. This age has feen the cafe reverfed, 
 and Great Britain in circumflances extremely different ; but if Scotland 
 has felt the advantages of an Union v/ith England, which parties admit, 
 in augmented commerce, wealth, and tranquillity, and if the fame beneficial 
 effects are juftly to be expedled from an incorporate Union of Great 
 Britain and Ireland, it would be honourable to both parties, as well as 
 conducive to the general harmony of the Empire, were fuch a meafure 
 adopted, from a clear convidion how many advantages would refult from 
 it to both. 
 
 This argument has been ftated by the refpe<flable Divine, whom I have 
 already mentioned, with fo much brevity, clearnefs, and force, that I was 
 induced to publilh at large the third proposal of Dean Tucker, 
 in 1750, for incorporating the Britifi IJles into one kingdom, thinking 
 
 every
 
 StriSlures on the Jlate of Ireland. 03 
 
 every reader would be glad to perufe the fentiments of fo able a writer on 
 fo interefting a fubje<5t. 
 
 ** III. PROPOSAL. 
 
 To incorporate both the Britifli illes together, and to make one King- 
 dom in all refpedls as to Parliament, trade, and taxes. 
 
 This propofal of incorporation has long been the wifli of eveiy gene- 
 rous difinterefled patriot of both kingdoms. And indeed, inxpreffibly 
 great would be the benefit on both fides. The Irifli would fhare in the 
 advantage of our trade, and we in theirs. By permitting them to get rich 
 at the expence of the French, they would be enabled to eafe us of the 
 burden of the worft and heaviefl of our taxes : — whereas at prefent, the 
 French, through our own unaccountable infatuation, get rich at their 
 expence. By this mutual benefit, neither Kingdom would be looked 
 upon as foreign to the other: but the goods of both would be imported 
 duty-free, or perhaps be confidered only as coming coaft:- wife. The hoftile 
 prohibition againft wearing, or ufing the produce of either Kingdom, 
 would be repealed ; and all that unnatural war betv/een the commerce of 
 the two Nations, would be at an end : which would be attended with 
 thefe further happy confequences. That many of the necefiaries of life 
 would be imported cheaper into England, than they now can be pur- 
 chafed ; a great advantage this to the merchant and manufadlurer : — and 
 many more of the luxuries, ornaments, and delicacies of living, would 
 be exported from hence into Ireland. For mofl certain it is, that in 
 proportion as Ireland grew rich, they would take the lead for the richeft 
 of their cloaths, furniture, plate, jewels, equipages, &c. &c. from Eng- 
 land. Likewife the inducements of being near the Parliament, the Court, 
 the public funds, &c. would bring many more Irifh families to refide, 
 and fpend their fortunes here, than now do. In fiiort, whatever wealth 
 Ireland would draw from other countries by its produce, manufadlures, 
 and happy fituation ; all that would continually center in England. 
 
 But
 
 f.. SiriBures on the jlate of Ireland. 
 
 But here, methinks, I hear Self-interest making an outcry, 
 « they would run away with ovir trade." But pray, let me calmly afk. 
 Who would run away with it ? or where would they run to ? Why truly 
 cur own people, our own countrymen, (who may as juftly be called fo, 
 as the inhabitants of any neighbouring county,— and are fome of the 
 bell, and moft faithful fubjefts the Government has) would perhaps 
 
 cnny fome part of a manufadture from us to themfelves But what de- 
 
 trim.ent would this be to the public ? The People of Yorkfliire have done 
 the very fame thing by Gloceilcrfhire and Wiltfhire. Let us therefore 
 have a meetinp- of the clothiers of thefe two counties to petition the Par- 
 liament, that the Yorkfliire looms and mills may be all broke and de- 
 flroyed i for they have run away with our trade. — This is fo ridiculous 
 and abfurd a propofai, that I believe there is no perfon living, but muft fee 
 and feel it to be fo. And yet let me afk. Is not this the very cafe with 
 refpect to the objedion againfl incorporating with Ireland ? Or if there 
 be a difference between the two cafes, I Ihould be glad to know wherein 
 it conlifts? Is Ireland to be looked upon as a diftindl Kingdom?— 
 More is the pity : for as the two Kingdoms have but one common 
 Head, — one common interefl both in Church and State,— the fame 
 friends,— and the fame enemies ; they ought to have been long fmce 
 confolidated togetlier. — But allowing it to be called a diftindt Kingdom 
 at prefent, till it is united : {o is Yorkfliire a diftinft county, and was 
 formerly, in the times of the Heptarchy, a kingdom likewife diftincft 
 from the two counties above mentioned. Is Ireland a great way diftant 
 from England?— Yorkfhire is at a greater diftance flill from the counties 
 above mentioned, and the communication between them is not fo eafy by 
 land, for the purpofes of commerce, as the other is by fea. 
 
 ** But Ireland is more advantageoufly fituated for the trade to the Wefl:- 
 •* Indies ; therefore — " Therefore we mufl: deny our own people the be- 
 nefit of trading, becaufe they are advantageoufly fituated for carrying it 
 on. This is a weighty argument : Briflol, for inftance, is better fitu- 
 ated
 
 Stritlurei on the Jlate of Ireland, 9 r 
 
 ated for the Irifh trade than London ; therefore let us Londoners peti- 
 tion, that the port of Briftol may be locked up. 
 
 It would be an endlefs, and a tedious piece of work to wade through 
 fuch grofs and palpable abfurdities. One thing is plain and obvious, 
 that felf-interefl, the bane of all public good, is driven to hard fhifts, in 
 order to cover fuch views as fhe dare not openly avow. If England itfelf 
 was divided into two kingdoms, one comprehending all the fouth, the 
 other all the north fide of the Thames, and there were hoilile prohibi- 
 tions againft importing certain forts of goods from London to Southwark, 
 and vice verfa, and high duties upon all the reft : many individuals on 
 both fides, would find their own private intereft in upholding the divifion, 
 and would cry out, upon any propofal being made for an Union—Thefe 
 foreigners will run away with our trade — They are better fituated than 
 us — Our trade is in danger. But would this cry weigh with upright 
 men on both fides, who had the welfare of the community truly at heart ? 
 — If it would not, what fliall we think of the fame argument when 
 urged againft Great Britain's incorporating with Ireland ?" 

 
 THE 
 
 R E F A C E. 
 
 J.N writing a Hiftory of the Union, it could not be reafonably expefted that 
 I ftiould go any farther than the finifhing, ratifying and exchanging the treaty 
 in the refpeftive Parliaments of the two nations to be united ; and this, I think, 
 I have finilhed in the following fheets. 
 
 However, fince the work has laid longer in the prefs than I at firft expeftedi 
 and fome remarkable things have in confequence of, and very much depending 
 upon the Union, happened fince, I could not fatisfy myfelf, without giving a 
 fhort abridgment of the ftate of things, between the time of finifhing the treaty, 
 and the publication of this work, which though it be rather a kind of fummary 
 recapitulation of things, than a hiftorical narration, may yet be equally profit-- 
 able to him that ftiall inquire into the affairs of the united kingdoms at that 
 time. 
 
 The Union took place, as has been noted, the ift of May 1707 ; the 
 management of the revenue, the trials in the Exchequer and Admiralty, were 
 all fettled on a new footing; commiflioners of the cuftoms, excife and equiva- 
 lent were appointed ; Judges of the Court of Exchequer; a new Admiralty, 
 and their refpedive offices were all fixed ; the coin was reformed, and intirely 
 reduced to the Englifli ftandard (the fmall copper money only excepted) 
 weights and meafures were regulated in part, and the refpe6tive alterations and 
 models, whether in government or commerce, enacted by the Union, began 
 every where to be put in praftice. 
 
 The Britifh Parliament had been aflembled at Weftminfter, according to tlie 
 treaty, and had been concluded with a general fatisfadlion ; and her Majefty 
 began to fee the complete end of her wiflies, in the Union being actually con- 
 fummated ; the northern Peers and Commons fitting, and that too with a 
 general fatisfadlion and applaufe in that firft Parliament of Great Britain. 
 
 In this Parliament, feveral things were done for the better improving, and 
 as it was called then, rendering more efFeftual the Union, particularly that of 
 diflblvingthe Privy Council, re-eftablifhing the feffions of the peace by juftices, 
 &c. fettling the militia, .and making lord lieutenants, deputy lieutenants, 6cc. 
 in every county as in England; of all which, particular mention is made in 
 the follov/ing fheets. Several regulations alfo in trade were made here, for the 
 
 g eafe
 
 2 PREFACE. 
 
 eafe of North Britain ; particularly the removing the difficulties of bringing 
 foreign imported goods from Scotland to England, and the great debate about 
 the wine, brandy, Sec. brought into Scotland, in the interval between the 
 finifhing and effedual taking place of the Union, was put to an end, intirely 
 in the favour of Scotland, every thing being cleared at once, and. all interrup- 
 tions of commerce thereby removed. 
 
 But in the middle of all this harmony, an accident intervened, which if it 
 had not been mercifully prevented by the immediate interpofition of a Divine 
 Power, had at once unravelled all this happily-finifhed conftitution, and that 
 in a manner that the moft violent oppofer of the Union, could not in his 
 warmeft thoughts have honeftly wifhed to have feen. 
 
 This was the French invafion ; which endangered not the Union only, but 
 bid fair for overturning the whole frame of the prefent eflrablifliment in church 
 and ftate, tearing up the very foundation of our conftitution, I mean die Revolu- 
 tion ; and reftoring not only tyranny and arbitrary government, but even 
 Popery itfelf, that had fo many years fince, and at fuch expence of blood and 
 treafure, been dethroned in Scotland. 
 
 I fhall need to bring very few arguments to prove this to have been the 
 immediate confequence of the fuccefs of this expedition, after I have given a 
 fummary account of the matter of faft, 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 fome fecret expedition ; upon farther fearch into the matter of 
 fact, it appeared that feveral men of war were fitting out there with the iitmoft 
 expedition, and unufual quantities of arms and ammunition providing, with a 
 large train of artillery; which were all to be fliipped forthwith on board the 
 fliips fitting up as above. 
 
 Thefe. advices were ftill feconded v/ith others, till at laft the French them- 
 felves making it no longer a fecret, and fome of the men of war being ready, 
 they ordered the ftores, arms and ammunition to be aftually fhipped on board, 
 drew their troops down to the fhore, and openly declared that this expedition 
 was defigned for Scotland, to re-inftate the King of Great Britain, fo they 
 ftylcd the Pretender, in the poflenion of his lawful dominions, as they called 
 tiiem ; and this they faid was done at the earneft requeft of his fubjefts in that 
 kingdom. 
 
 It is true, and moft people thought it reafonable to judge, that it was not 
 probable the King of France would embark in a defign of fo great confe- 
 quence, had he not received invitations from Scotland : however, the defign not 
 1'ucceeding, thofe correfpondencies never came to be effeftually difcovcred j 
 and therefore the Houfe of Lords, in their addrefs to her Majefty, take notice, 
 
 that
 
 PREFACE. 3 
 
 that the King of France making an attempt to invade her Majefly's dominions, 
 with fuch a contemptible force, was a fiifficient evidence that he muft have en- 
 couragement from fomeperfon in Scotland difaffefted to her Majedy's government. 
 
 However, the ftridteft inquifition after thefe correfpondencies could never 
 make any confiderable difcovery, though many perfons were taken up, which 
 feemed to be owing rather to the mifcarriage of the defign, the French never 
 coming on fliore with any forces, and their friends on fhore being too politic to 
 fhew themfelves till they faw their troops on fliore, and in fomc pofturc and con- 
 dition to proteft them : — There were feveral gentlemen taken up upon general 
 fufpicions, which, though it gave fome offence to the people, was thought nc- 
 ceffary at that time. — Of which by and by. 
 
 About the end of February, thefe preparations of the French .were come to 
 fuch a height, and the defign of invading Scotland fo out of doubt, that the 
 government here thought it high time to prepare for the defence of Scotland ; 
 and to that purpofe, her Majefty wrote a letter to the Privy Council in Scotland 
 (which, though determined to expire by an aft of Parliament, yet was in being^ 
 and had power to a£t till the firft day of May following). In this letter, her 
 Majefty gave them notice that fhe had received information of an intended inva- 
 fion, backed with a French and Popifli power, defigned againll Scotland, in 
 favour of the Pretender; and therefore recommended to them the fccurity of 
 the kingdom, the prefervation of the public peace, and that they would ufe all 
 poffible means to that effeft. 
 
 In the mean time, vigorous preparations were made in England for prevent- 
 ing the defigns of the French, as well by equipping a fleet to intercept them at 
 fea, and fo prevent their landing ; as by providing forces to give them a warm 
 reception, in cafe they Ihould land in Scotland. 
 
 I know there were complaints made, and endeavours ufed to expofe the con- 
 du£t of Government in their preparations ; fuggefting that due care was not 
 taken to put Scotland in a pofture of defence, in cafe the French had landed ; 
 and a certain noble perfon caufed the letters of the Earl of Leven, the General 
 in Scotland, which were written in the midft of that hurry, and in which his 
 Lordfliip wrote in preffing terms for affiftancc, to be printed : — But when thefe 
 things came to be examined in Parliament, it appeared otherwile than thofe 
 gentlemen reprefented, and the Parliament received full fatisfaction, that all the 
 diligence was ufed which the nature of the thing would admit. — But be that as 
 it will, by the event we found that Providence bleffed the meafures taken, fo as 
 that they not only prevented the execution of the defign at Edinburgh, but dif- 
 fpirited the party in fuch a manner, that they durft not make the attempt any 
 where elfe, which they might have done with too much effeft, and might but too 
 well have made themfelves amends for the difappointment, by ruining the coun- 
 try, and keeping the affairs of Britain in longer fufpence. 
 
 B 2 I fliall
 
 4 PREFACE. 
 
 I fhall however, without meddling with thefe difputes, which are dead with 
 the thing, fhew by the mere relation of fad, that England was in no condition 
 to have made any preparation that could have been effe£tual to prevent the 
 landing of the French ; — and thus all they had done, as to ftores, ma^jazines, 
 or arms, as the thing then fbood, had been only leaving the greater booty to the 
 enemy, and furnifhing them with weapons to ufe againft ourfelves, fince the 
 number of troops, or the condition of the fortifications of Scotland, were fuch 
 as could make no tolerable refiftance, nor fo much as protect the magazines, if 
 any had been erefted. 
 
 But to return to the preparations made in England : — Firfl, with incredible 
 celerity all the men of war that could be found in any condition were fitted out, 
 manned, and viftualled in order to put to fea, and wait for the enemy's fleet ; 
 and the expedition in this cafe was fo furprifing, that the French, who had been 
 informed, that the Englifh navy was in no condition to offer them anydiltur- 
 bance in their defign, and upon which prefumption, they owned afterwards, they 
 made their defign public, found, to their difappointment, fixteen Englifhmen 
 of war cruifing before Dunkirk, before they (the French) were in any condition 
 to put to fea. This however did not put a flop to their defign, but they went 
 on with their equipment; and their Iket being ready, they embarked their 
 troops about the fifth of March, their whole force confiding of 2S fail of fhips, 
 whereof 16 were men of war, and 12 were large frigates, or privateers; their 
 land forces confifted of 15 French battalions, and about 300 volunteers, the 
 moft part Irifh, being to ferve as officers for the raifing new regiments in Scot- 
 land. Thefe forces being on board with the Pretender, and fome few Scots gen- 
 tlemen, particularly the two fons of the Earl of Middleton, with the old Lord 
 Griffin, &c. They came out of Dunkirk about the fixth of March, com- 
 manded by the French Admiral Monfieur Fourbin. 
 
 In this time the diligence of our Admiralty was fuch, though England was 
 at that time very bare of fnips, that the Englilh fquadron before Dunkirk was 
 made up to 36 fiil, including fome Dutch men of war that had alio joined them ; 
 and as the French fleet lay in Newport Pits, watching an opportunity to fail, fo 
 the Englifli lay off of Graveline, ready to fliart with them, and refolved, if pof- 
 fible, to engage them in their paffage. 
 
 However, the French trufling to their canvafs, thecleannefs of their bottoms, 
 and their nimble failing, refolved to put to fea, though, as it were, in view of a 
 fuperior force; and accordingly, the wind blowing frefli at north-wcfl:, they 
 weighed and fet fail. The various courfe of the fleets, and the fuccefs, as to the 
 failing part, was the fubjeft of much difcourfc ; I fliall therefore be theexafter in 
 it, fince it was wondered very much how the French, who lay in view of the Eng- 
 lilh fleet, CfHild fo get the flart of them, as to be at the Firth of Edinburgh about 
 two days before them; by which, had they not ovLrfliot their port, they might 
 have fairly put their defign in execution, notwithftanding all the power of the 
 F.nglilh and Dutch fleet at their heels. 
 
 The
 
 PREFACE. 5 
 
 The wind, as I noted before, blew at north- weft a frcfli gale, and the French 
 weighing upon the top of high water, went away with the tide of ebb to the north- 
 ward, keeping the Dutch coaft on board, which was tlien the weather-fliore. 
 
 The Englifh lying in Graveling-Pits, had the following difadvancages in the 
 purfuit; firft, that it was about eight hours after the French were failed, before 
 they could get notice of it, and be under fail. 
 
 It was indeed wondered at by fome, why the Englifh fleet, knowing very well 
 that the French weredefigned for Scotland, which was north -, and tliat they lay 
 in Newport Road, fhould themfelves lye in Graveling, which was at leaft ic 
 miles to the fouth ; by which means, whenever the French fliould fail, they 
 would neceflTarily be behind them a confiderable way. 
 
 But this is anfwered by the failors, and which I fliall not undertake to confute, 
 viz. that it blew very hard, the wind at north, and north-weft j and there was 
 no other place where the Englifti fleet could ride with fafety. 
 
 I fhall leave this difpute as I find it, and content myfelf with only naming it, 
 as I ftiall odiers that came after it. 
 
 Be it as it will, the matter of fafb was fo ; — the French fleet being failed about 
 eight hours before, advice was brought to Sir George Byng, who weighed with 
 all expedition, and followed with all the fail he could make. 
 
 Sir George had alfo another difadvantage, viz. That the French failing with 
 the firft of the ebb, he loft a tide of them, fo that in their firft ftarting, the 
 French had the advantage of the Englifli fleet, as follows : — Eight hours in time. 
 — Twenty-five miles in fpace. — And the ebb of the tide. 
 
 With thefe helps, and having firft left out the lower tire of their guns to make 
 them light for failing, their ftiips being clean, and new fitted, the French fhips 
 alfo being really better failors, generally fpeaking, than ours ; with thefe helps, 
 I fay, they got a very great ftart of the Englifti in their firft fetcing out. 
 
 When they came to fea, another thing happened, which gave them a yet far- 
 ther advantage of the Englilh ;■ — the French fleet kept a large offing, as they 
 call it, keeping to windward all the way rather nearer the German coaft than the 
 Britifli. 
 
 The Englifti fleet bore away for their own coaft, and were feen off" of Lowftoff 
 and Yarmouth, and from the ftiore of Norfolk. 
 
 The reafons for this different ftiaping their courfe feem thefe; — the French 
 were by all means poffible to avoid the Englifli fliore, left they ftiould be taken 
 ftiortby the wind, and might be embayed, and confequently overtaken, having 
 a fuperior force behind them. Alfo it was not fit for them to be feen before 
 they came to the Firth, that they might not give the alarm to the Englifli to be 
 ready for them. 
 
 On the other hand, the Englifli made their own coaft, left the French fliould 
 fall in there with their merchants, and fweep the coaft of their fliips : which had 
 they done, they might indeed have made great havock. 
 
 However it was, thefe difadvantages gave the French fuch a ftart of the Eng- 
 4 lift*
 
 6 PREFACE. 
 
 lifli, that they were on the coaft of Scotland two days before the Engllfli fleet, 
 and had not Heaven blinded their pilots, fo as to mifs their port, they might 
 have put their defign in execution in fpite of all our forces. 
 
 On Friday March the 12th, they made the coaft of Scotland, but found them- 
 fclves the height of Montrofs, about fifteen Icagiies to the north of the mouth of 
 the Firth of Edinburgh, here they made fignals, and fome boats going off to them, 
 they were informed where they were, then they ftood away fouthward, and fpent 
 all that day before they got to the mouth of the Firth. 
 
 Now they fent one fhip, viz. the Salifbury, up the Firth, whetlier it was to 
 make any fignal to their party, to give notice of their coming, or to get any 
 intelligence, remains yet undetermined ; they made the Firth juft as the tide 
 was fpent, and were therefore obliged to fpend fix hours more at ?nchor, under 
 the Jfle of Maii, in the mouth of the Firth, and here, on the fourteenth, early 
 in the morning, they find themfelves overtaken, their fcouts difcovering the 
 Englifh fleet flranding in for the mouth of the Firth. 
 
 Here then, they find their enterprize 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 beft of their way to fea, 
 
 Upon this, therefore, they weigh, and ftand away for the north with all the 
 fail they can make, and the EnglilTi fleet after them. 
 
 The foremoft of the Englifh fhips came often within gunfhot of them, but 
 not fo many as could ftop their fleet, or bring them to engage, but they main- 
 tained a kind of running fight with thofc of the Englifh that purfued, in which 
 little harm was done on either fide, fave that in the night, one of their fhips, be- 
 ing the Salifbury, formerly taken from the Englifh, fell in among the EngliHi 
 fleet, and being furrounded was taken. 
 
 With this booty, and the French out-failing the Englilli, Sir George Byng 
 having purfued them to the north-eaft point of Scotland, called Buchannefs, 
 feen them feveral leagues to the north of that, and at laft loft fight of them, he 
 returned to the Firth of Edinburgh ; and keeping his fleet in a failing pofture, 
 with his fcouts continually abroad to gain intelligence of the enemy, he con- 
 tinued in the Firth till the beginning of April ; when the government having in- 
 telligence that the French were returned into Dunkirk with their fleet. Sir George 
 Byng was alfo ordered fouthward with the Englifh fleet, and fo the whole war on 
 that fide ended. 
 
 I come now to fpeak a little of the preparations made by the Engliili, by 
 land, in order to meet this new irruption ; fuppofing the French had landed, — 
 which indeed was not without hazard. 
 
 In order to this, fuch troops as were at hand, were immediately ordered to 
 march northward, particularly they fent away two troops of the Queen's horfe 
 guards, the Duke of Northumberland's regiment of horfe, with the three re- 
 giments of dragoons of EfTex, Kaby and Carpenter i befides which, two regi- 
 ments
 
 R 
 
 A 
 
 E. 
 
 ments of dragoons, an<l one regiiTient of horfe were ordered to march to tlic 
 north of Ireland, to lie ready there to be embarked on the firft orders. 
 
 Of foot there were thirteen battalions then in England fent forwards, in- 
 cluding the Queen's guards, and fome new raifed, not quite compleat, and 
 ten battalions from Holland, 
 
 It is to be obferved, that as foon as ever the certainty of the defigned inva- 
 fion came to the knowledge of the States, they ordered tranfports immediately 
 to carry ten battalions of Bricifli troops to England, to affift the Qiieen's 
 troops there ; and when Sir George Byng purfued the French fleet, as above, 
 he fent Admiral Baker with twelve men of war into Holland, to brino- thofe 
 troops to Newcaftle upon Tyne, that fo being landed there, they mio-ht be 
 ready to join the land army, and the fhips to join the fleet. 
 
 The forces being thus appointed, marched all northward, but the rendez- 
 vous was appointed at York ; for the Generals knowing the troops in Scotland 
 to be weak, and not afllired how the people there would behave themfelves in 
 general, had refolved not to march any troops into Scotland till the whole 
 army was aflembled, that they might march in a body -, and to this purpofc 
 the Earl of Leven, with the 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 computation as fol- 
 lows : 
 
 Horfe. 
 / 1 troops of guards and horfe grenadiers 
 I Northumberland's horfe — — 
 1 Dragoons three regiments, about — 
 
 In England, 
 
 1850 
 
 Foot. 
 13 battalions in England 
 
 13 oattaiions in r^ngiana -i 
 
 10 battalions from Holland J ' 
 
 In Ireland, Horfe and dragoons about 
 
 1000 
 
 '2 regiments of dragoons, very thin, about 400 
 I troop of horfe-guards and grenadiers 250 
 
 Foot. 
 
 In Scotland, / ^ battalions of guards 
 I Grant 
 I Mai eland 
 ^ 1 Strathnaver. 
 
 — — 2000 
 
 So
 
 S PREFACE. 
 
 So that the whole army, when brought to a body, was fuppofed to amount 
 together as follows : 
 
 Horfe and 
 
 Dragoons, 
 
 
 England 
 
 
 1850 
 
 Ireland 
 
 
 .1000 
 
 Scotland 
 
 
 650 
 
 Foot, 
 
 
 England 
 
 — 
 
 7000 
 
 Holland 
 
 — 
 
 5000 
 
 Scotland 
 
 _ 
 
 2000 
 
 3>5<^ 
 
 14,000 
 
 In all — 17,500. 
 
 Befide which, the Dutch had prepared a fecond convoy to fend over twelve 
 battalions more, if there had been any occafion. 
 
 A train of artillery was preparing at the Tower of London, and was in good 
 forwardnefs, fo as it might probably have been at the rendezvous as foon as 
 the troops could have well been drawn together. 
 
 I have been the more particular in this, becaufe I am drawing every thing to 
 the reader's view, that he may judge of fome conjeftures I fhall make .con- 
 cerning the probabilities of the fuccefs of this enterprize, and what might rea- 
 fonably be fuppofed to have been the iflfue of it, fince fome people have been 
 fo weak as to fay, it had been better for us to have let them come on Ihore, 
 and that we fhould immediately have crulhed and defeated them. 
 
 It remains now to inquire how the people of Scotland behaved themfelves in 
 this critical junfture, and what condition they were in there, to have received 
 the French. 
 
 As to the condition of Scotland at chat time; it is to be confeffed, the French 
 had all the encouragement imaginable to make fuch an attempt, from the cir- 
 cumftances of the place, and the temper of the people. As to the circum- 
 ftances of the place, it is evident that the country was intirely naked, and in a 
 manner dcfencelefs. 
 
 The Handing forces were few. 
 
 The militia juft in the middle, between dilTolving the old model, and 
 erefling a new, fo as they were abfolutely difbanded, without commiffions, 
 without officers, and without any form. 
 
 The fortifications out of repair. 
 
 The magazines empty. 
 
 The new government unformed. 
 
 The people divided. 
 
 It mud be confcflcd, never was nation in fuch a condition to be invaded; and 
 
 there
 
 PREFACE.^ 9 
 
 there is no doubt, but had the French landed their forces, and got their (lores 
 of arms and ammunition on fhore, as they might eafily have done, if they had 
 not overfhot their port — they would with very little oppofition have been matters 
 of the whole country. 
 
 It may be thought by fome remote to my purpofe to demonftrate this ; but 
 when I confidcF, what differing notions the people in England have of the at- 
 tempt of the French and of their fuccefs in it; I cannot tliink it an ufelefs la- 
 bour to give you a brief effay, at what the event of that enterprize might pro- 
 bably have been, that fo we may fee what we have to be thankful for. 
 
 1 am now to fuppofe the French fafe on fliore, their magazine and train of 
 artillery landed, and the Earl of Leven, the General for her Majefty, retreating 
 towards Berwick, as he mud undoubtedly have done, and as his orders direfted 
 him to do, without which his retreat being cut off, he muft have been furrounded 
 and taken, or have been cut in pieces, having no place of ftrength to retreat to. 
 
 Had they been thus on fhore, there is no doubt, but in two hours they had 
 been mafters of Edinburgh, an open city, and without defence ; the Caftle in- 
 deed might have held out fome time, but the city could have made no refifl- 
 ance. But that which was worfe, the circumftances of the time was fuch, and 
 the people were fo divided, that the city muft have fent down to Leith to have 
 fought protection from the French againft their own rabbles, and they muft 
 have defired the French to have come and taken them into their protedtion, to 
 have prcferved them from plunder and confufion. 
 
 ,1 think, whatever the reafons of this were, which I defire to bury in filence, the 
 fa£t will be readily granted j and indeed all men owned at that time, that if the 
 French landed their forces, they muft be mafters of the city of Edinburgh 
 without any oppofition. 
 
 It is true that I am now but upon fuggeftion and mere fuppofition, and I do 
 not affirm pofitivcly ; but I leave it to any man to judge of probabilities, and 
 whether what I fuggeft is rational or no. When the French were thus poffeffed 
 of Edinburgh, it is very reafonable to imagine that the firft thing they would 
 have done, was to proclaim their king : if the magiftrates of the city would 
 not have agreed to have performed the ceremony, the Tolbooth was near at 
 hand, and the citizens being affembled, could foon have chofen new magiftrates, 
 ¥fho would chearfully have done it. 
 
 Their King being proclaimed, it feems rational to fuppofe, they ftiould next 
 fummon the inhabitants to take .an oath of tidelity to him j fuch as refufed would 
 have their eftates confifcated, and perhaps be imprifoned ; and if they o-ot 
 room to flee, would have their houfes plundered. 
 
 Being thus mafters of the capital, and the Queen's troops having fled or re- 
 treated towards Berwick, the country expofed to their power; I think I make 
 no trefpafs on good manners or juftice, if I fay, the northern Highlanders 
 would have been foon raifed by the influence of their fuperiors, who are for the 
 
 C moft
 
 lo PREFACE. 
 
 mofl: part Jacobites ; thefe being in arms, the Lowlands are at their roercy, an4 
 they had foon pofTefled themfelves of the whole country, the Militia being en- 
 tirely without a head, and without order, unlocked from the former fettlcment, 
 and unfixed in a new. 
 
 Being thus poiTefTed of the Lowlands, they foon woyld h^ve beeij mafter of 
 the vvhole country J and indeed there was verj' few that durft fhe^^f their faces 
 againft them, the forwardnefs of one pfrty, and the diviuons sind diforders of 
 the other making way for it. When they had thus reduced the Lowlands, 
 they had no more to do, than to call a Convention of Eftates, as at the Revolu- 
 tion ; and finding thefe fafl: to their intereft, the firft laws fhould be to refcind 
 the revolution, declare the limited fuccelTion a vifible rebellion, and an invafion 
 of the right of another, and thus a compleat national turn fliould have pafied 
 upon us, and the Revolution fhould fufl'er a re-revolution in a few weeks, for 
 thefe things would require but little time : neither is it prefumptlon to fuppofe, 
 they. fhould have gotten a reprefentative returned, that would have come into 
 fuch meafures, fince they having the abfolute pofleflion of the country, the in- 
 fluencing them under fuch circumftances, to the choofing fuch perfons as they 
 fliould think fit to put upon them was eafy enough, inftances of which h^ve been 
 but too common in this ifland, under a lefs tyrannical power than a French army. 
 
 While they were thus fettling their civil government, their military affairs 
 could not have failed ; the inclinatipn of the common people about Edinburgh, 
 and the influence of the chiefs and heads of clans in the Highlands, would hav? 
 foon furnilhed men for new revolutions, the fixteen regiments which they brought 
 with them, (fo it feems they had determined) fliould have had two hundred 
 men added to every regiment, by way of filling up — five regiments of dragoons, 
 and forty battalions of foot was to have been raifed immediately; the command 
 of thefe troops was to be given to Irilh ofKcers, and of fuch, they brought gi:eat 
 numbers with them ; fave only that the colonels and fome captains, were to be 
 chofen of the fuperiors or chiefs where they were raifed, to encourage the rai- 
 fing them. 
 
 Thus in lefs than fix weeks, they fhould have had 30,000 men added to the 
 troops they brought with them ; the money they would have given the High- 
 land gentlemen, would effedlually have brought thefe gentlemen to forfake 
 their party, and join with them, and then the defign would have gone on bje- 
 yond cxpeftation. 
 
 We are next to enquire what was to become of the Englifh preparation alj 
 this while ? You have heard what ftrength they were of when come together! 
 but it could not be pefTible that they could be all brought together, their ma- 
 gazines furnifhcd, (for the French would have taken care, they fhould have fub- 
 fifled ill enough in Scotland) their train of artillery have been come up, and 
 they in condition to have marched into Scotland in battalia, as they muft have 
 done, under fix weeks or two months i tlie difficulties of the roads, the country 
 a being
 
 R E F A C E. 
 
 If 
 
 beiftg at that time very deep, and the carriages heavy, would have mide it very 
 bad, marching an army ; and the want of forage would have made it imprac- 
 ticable to have done it fooner. 
 
 All this time the French and Jacobites in Scotland would have had to have 
 ftrengthetied their new fettlement, formed their army, fortified Leith and other 
 places, and have prepared for war. 
 
 I Ihall as fcadily grant as any body can defire, that when the Englilh army 
 came to be ready, and to enter Scotland, they (hould beat thefe new invaders 
 out of all ; and that they Ihould in tiine pay dear for the attempt; but it muft 
 be granted this would have thefe confequences withal : i. That it would have 
 ruined Scotland, 2. Brought the feat of war home to our own doors. 3. Caufe 
 adiverfion of our forces, and be an occafion of withdrawing our troops from 
 Flanders, where the enemy felt the greateft weight of the war. And 4, Have 
 exceedingly protraifted the war. Thofe gentlemen that were for having therrr 
 land, may confult thefe probable confequences, and they will fee, whether they' 
 have not Very good reafon to be fenfible of the happinefs of the difappointment. 
 
 I cannot but take notice here of the temper of the people of Scotland at thiS 
 tlrtie ; none will doubt, but the rriinds of men were varioufly agitated, as their 
 feveral tempers, intereft and party guided them. — Hope on one fide, and fear 
 on the other, difcovered itfelf in a manner which both fides would fain have con- 
 cealed ; nor was there wanting a party, who openly and avowedly profefled their 
 defires to have the French land, and their refolution to join with them, and this 
 in fo open, fo rude, and fo threatening a manner, as gave juft caufe of terror to 
 the honeft loyal party, on the other hand, who faw themfelves inevitably ruined, 
 if the French landed, by their own rabbles; the other party having openly 
 threatened and marked out the houfes of fuch families as were moft. eminent for 
 their zeal to the eftablifhed government. 
 
 It was expefted, and indeed apprehended very much in England, that thofe 
 of the Prefbyterians, who had before vigoroufly appeared againft the Union, 
 and profefled their diflike of it upon all occafions, would have appeared againft 
 the government, at this jundture, and either have joined with the invaders, or 
 have formed a third party, and fo have made a divifion, which had, in its kind, 
 been equally fatal. 
 
 But in this alfo they were difappointed, for the people who were moft warm 
 a'gainft the Union, nay even the Weftern men, who do not own or join with- 
 the Church, yet all, as one man, declared againft joining with French invaders, 
 Papifts, and a returning tyranny, which they eafily forefaw muft be the confe- 
 quence of an invafion ; and therefore, laying afide all their old animofities,' 
 private grudges, and cavils at the Union, &c. they unanimoufly declared theiV 
 refolution to ftand together, and with their lives and eftates to defend the go- 
 vernment and their country againft all the powers of France 4nd. the Pretender/ 
 
 C 2 3nd
 
 la . PREFACE. 
 
 and to this end they began to form aflbciations ; the Burghers of Edinburgh 
 lifted men, and fubfcribed for their maintenance, fome ten, fome twenty, fomc 
 more, and in other places they were preparing to do the like. The Weftern 
 men fent them word they would come and join with them, if there was occafion ; 
 and in the mean time fome of the people called Cameronians made their open 
 proteftation againft it. 
 
 This was a very great encouragement to the Government at that time, when 
 tlie vaunts of the other part)' run high, and their hopes were great. But God, 
 in his providence, prevented the evil confcquences of this affair, as you have 
 heard : And the good people, who had made great appearances of unanimity, 
 found themfelves delivered another and an eafier way. 
 
 It happened very well at this time, that the Commiflion of tlie General Af- 
 fembly was juft fet down, and the Minifters, feeing the ftorm coming, both on 
 the ecclefiaftic, as well as civil liberties of the nation, religion and property 
 being vifibly ftruck at together, in the flood of foreign deftruftion, plainly 
 threatening to fwallow up both, appointed a folemn faft to be kept over the 
 whole country. 
 
 I Ihall make no comments on the fubje£t matter of this faft: the ad of the 
 Commiflion does fulEciently Ihew the fenfe of the Minifters, and in what man- 
 ner the invafion was like to be reliflied among them, and therefore I have in- 
 ferted it in this place, to record the temper that appeared at that time ; and what 
 hope the Pretender, or his party, had ground to raife upon the fuppofed divi- 
 fions of the Preft)yterians about the Union. 
 
 An AbJiraSl of the /aid A51 of the General Affemhly is as follows. 
 
 At Edinburgh, the fifth of March, one thoufand feven hundred and 
 eight years. 
 
 \ HE Commiflion of the General Aflembly, being fenfible of the great 
 wickednefs, and crying fins of all forts, abounding amongft us in this Church; 
 and being, in the juft judgment of God, threatened with an invafion by an 
 enemy tliat hath employed his power for the ruin of that holy religion which wc 
 piofefs, and the enflavingof Europe ; and who defigns to fet a Popilh Pretender 
 upon the throne of thefe nations, to the utter overthrow of the true reformed reli- 
 gion, all our interefts facred and civil, and all that God hath gracioufly wrought 
 for us by the late happy Revolution, and hitherto preferved to us ; and beinf» 
 fenfible of what we owe in gratitude to our only rightful and lawful Sovereio-n 
 QueeT Anne, do look upon it as our duty, with a regard to the honour of God, 
 the prefervation of our religion, the quiet of her Majefty's government, and the 
 good of our country, to humble ourfclves before the Lord ; and to call all 
 perfons in this national Church to humiliation, fafting and prayer, to turn to God 
 
 in
 
 PREFACE. 13 
 
 in Chrift, our only propitiation, and to cry mightily to him, that for the blood 
 of his Son, he would forgive our grievous fins, give us a found and underftand- 
 ing heart, remove our fpiritual plagues, and to unite us to God, and to one 
 another in him ; that he would avert the deferved wrath from thefe finful lands, 
 in difappointing the defigns of our bloody and cruel enemies, defeat the threat- 
 ened invafion, maintain peace and truth amongft us, blefs the Gofpel with fuc- 
 cefs, by the efFufion of his Spirit, preferve her Majefty's peribn, direft her 
 councils, profper her arms by fea and land, and bring thefe wars to fo happv 
 an iffue, as may be for the relief of our opprefled brethren abroad, and the 
 fecurity of the Proteftant Churches. 
 
 And the faid CommifTion hereby appoints the firft Thurfday of April next, to 
 be rcligioufly obferved in all the congregations of this national church, as a 
 day of folemn falling, humiliation and prayer for the caufes above-mentioned ; 
 and appoints the minifters of this church to make intimation of the premifles, 
 publicly from their pulpits, upon the Lord's day immediately preceding the 
 aforefaid day of humiliation, arid to be more particular in fpecifying the fins of 
 thefe lands, as they Ihall fee caufe. 
 
 • This faft was approved of by the Privy Council, and their civil fandion 
 given thereto. ,/,, 
 
 j And the Queen, in her letter to the General Aflembly, 1708, did fhew her 
 iatisfaftion with the zeal and affeftion the Minifters of this church had fhewn 
 jt that jun<flure. 
 
 The greateft part of all the Preftjyteries of Scotland, and Synods, addrefled 
 the Queen alfo on the fubjeft of the invafion ; and the General Aflembly de- 
 clared their fentiments thereof; ift. In their anfwer to the Queen's letter; 
 adly. In their addrefs to her Majefty ; And jdly. In their national thankf- 
 g'lving, inferted in their printed afts, pages 6, 8, 10, 12, 13. 
 
 Befides all this, many parifhes drew up addrefles to the Privy Council, Ihew- 
 ing their refolution to venture their lives and fortunes in defence of her Ma- 
 jefty's perfon and government; and craving leave to put themfelves in a 
 pofture of defence ; and in many places the Preftjyterians did fubfcribe for con- 
 fiderabie, fums, to be paid when called for, in order to buy arms, and to 
 maintain men for the ends aforefaid. Some burghers in Edinburgh, fubfcribed 
 to maintain 50 men, fome 40, feme 30, fome 20, and fome who were poorer, 
 Mibfcribed for fewer; and all this was done by the advice, and with the allow- 
 ance of perfons inrrufted in the government by her Majefty. .; . ^--^c, 
 . But tlijs is not all, the feafonablenefs of this fblernn faft was fuch, and To 
 ferviceable to the Government, being brought out at the very jundlure of time, 
 when the eyes both of friends and enemies were upon them^ that ic muft be 
 acknowledged it ftiewed not only the zeal of the Prefbyterian Minifters foi; the 
 Qyeen, the Government and their eftablilhed intereft ; but it Ih?wed their wif-,. 
 
 dbm
 
 14 PRE F. A C E. 
 
 dom and prudence in fo happily timing an aftion of that determining Gonfe- 
 quence, and taking the very moment of its being mod efFeftual, as well to 
 convince the enemy that they had nothing to expeft that way, but the whole 
 united force of the Prefbyterians againft them ; to fatisfy the Government and 
 the Englifh nation, among whom jealoufies of the contrary had been induftri- 
 oufly fpread ; that the Prefbyterians, one and all, would declare againft the in- 
 vaders; as alfo to fettle and determine fuch among themfelves, if any fuch 
 were> who might be otherwife unfixed in their rciblutions, and doubtful whac 
 courfe to take. 
 
 Nor was this all, but the Minifters in Scotland, in their refpedtive parifhes^ 
 upon the occafion of the faid faft, applied themfelves to the informing their peo-r 
 pie, what the real views and probable confequences of this attempt were, whae 
 was threatened to their Church, to their eftablifhed religion, to their liberties* 
 to their Proteftant fucceffion, and to the Revolution ; how, whatever the 
 fpecious pretences of preferving the eftablifhed Church might be. Popery inf 
 principle, and Tyranny m praftice, were certainly incompatible with the PrO-i- 
 teftant eftablilhment of Scotland, which was foundexi in liberty, depended 
 upon law, and could not fubfift, humanly fpeaking, but upon the fupported 
 bafis of law and liberty together; that the- invafion was a vifible appearance of 
 French and Popifli tyranny, the fame that for twenty-eight years had influenced 
 the councils and governments of Scotland, while they trampled on the Church 
 of Scotland, filenced their preaching miniftry, perfecuted and barbaroufly mur- 
 dered their innocent brethren, and bid defiance to the laws of God, and the 
 liberties of Scotland ; that thefe days would inevitably return upon them, and 
 that all the miferies they had formerly felt, were efFeftually contained in the 
 womb of an iavafion. 
 
 By this method the Minifters opened the eyes of the wlrole nation, and the 
 people, roufed by this happy vigour in their clergy, began to ftir every where ; 
 immediately a new face appeared upon the public affairs, the general dejedtion 
 and hefitation, which feemed before to make the people look dark and unre- 
 folved, was" qxiite removed, and nothing was to be feen among the Prefbyterian' 
 party of the people, but affociations, addreffes, preparations for fighting, fitting 
 up their arms, and a cheerful refolved temper of fighting the Ffench wherever 
 they were to be found. -t^' ^^jfJ 
 
 Some of the Minifters themfelves were' fo vigorous in this, that they caufed- 
 thcir whole parifties to afibciate and' bind themfelves, one to another, and all 
 together to the Government, to ftand'as one nian againft the invaders. ', ' ' _"'*" 
 
 The fervice this did the Government, the encouragement it gave in England, 
 and the difcouragemcnt it gave to the Jacobite party at that junfture, was fuch, 
 as the laft efpecially will riot eafily forget ; and I thouglit' it very ufeful to tranf- 
 mit the memory of it thus to pofterity, that they may know how their anceftors 
 adVed in this great aff^air, and how they ought to aft' on the like occafions. 
 
 la
 
 PREFACE. ij 
 
 In this pofture the affairs of this ifland Rood, when the French, baffled by the 
 immediate hand of God's providence, in mifling their port, were purfued by 
 the Englifh fleet, and made their efcape by the goodnels of their fails to Dun- 
 kirk, where their troops were put on fliore, and fo the expedition ended. 
 
 The ten battalions which came from Holland to Newcaflle, were not at all 
 landed, but went immediately back, and were in the field again time enough 
 to fhew themfelves in the firft of the campaign ; — the Englifh troops marched 
 back without entering into Scotland ; the prifoners taken on board the Salifbury 
 were brought to Hull, and treated as prifoners of war, in order to be fent over 
 to Holland for exchange. 
 
 The Lord Griffin, with the two fons of the Earl of Middleton, and 15 Ififh 
 reformed officers were carried to London ; the three firil were committed to 
 the Tower, and the Irifh to Newgate, being to be tried as traitors againft the 
 Queen, whofe natural born lubjeds they appeared to be. 
 
 The Lord Griffin having been formerly attainted and outlawed, it needed not 
 that he fhould be brought to any trial : but, being carried up to the Queen's 
 Bench bar, he received fentence of death on the foot of the faid outlawry, 
 without any trial ; however, the Dauphin of France having wrote a particulaf 
 letter in his behalf, to the Duke of Marlborough, to intreat the Queen's mercy 
 to him, and that he (the Dauphin) made it is requeft to the Queen, the Lord 
 Griffin being his fervant ; — the faid Lord Griffin was reprieved from time to 
 time, and is yet living in the Tower, at the publifhing thefe fheets. 
 . The Iriih officers alfo, and the Lord Middleton's fons remain yet prifoners. 
 - On the other hand, great heats and difputes hiappened about the gentlemen 
 who were taken up upon fulpicion. 
 
 The Parliament, in the heat of the alarm, had pafled a bill fufpending the 
 Habeas Corpus Aft for a time, fofar as fhould concern the perions apprehended 
 &n this accpunt, and empowering the Queen to take up, and keep in prifon, 
 fuch perfons as there fhould be ground to fufpeft were guilty of confederating 
 with, or encouraging the invaders. 
 
 Had the gentlemen concerned been apprehended in any other jundture, they 
 would perhaps have had no other trouble than to have lain ftill, and when the 
 thing had been over, have been releafed again, as was done at that time in Ireland. 
 ' But the fury of our divifions on either hand run fo high, that this could not 
 be-: Some thought the perfons taken up had more hand in the idvafion than 
 appeared, and that they ought not too lightly to be let go, left it might en- 
 courage both them and others to make the like attempt again. 
 
 And thefe were very warm for profecutions, and for propofing rewards to cn- 
 courao-e perfons to come in to charge the prifoners, and would have all manner 
 of methods tried to faften fomething upon them. 
 
 Others again inveighed againft the Miniftry in Scotland, as having partial and 
 party-regards in. the picking out fuch or fuch perfons. to put in prifon, on pre- 
 tence
 
 i6 PREFACE. 
 
 tence of this fuipicion, as might gratify the private defigns of particular perfons, 
 cither as to private pique andperfonal revenge, or to prejudice their interefts in 
 elections, there being a new Parliament then to be chofen. 
 
 Thefe contentions, however grounded on either fide, had certainly this effeft^ 
 that they gave a great deal of trouble to the prifoners, which otherwife might 
 have been avoided; for the Miniftry feeing fuch pointing at probable guilt on 
 .one hand, and fuch complaints of injuftice on the other, found it neceflary to 
 make th« proceedings more formal, and to have all the gentlemen up to Lon- 
 don., :that they: might either be profecuted, or let out upon bail, as the Council 
 fhould direft. 
 
 Upon their coming up to London, they were all admitted to bail, except 
 four, who were committed to prifon, and were after fent to Scotland to be tried ; 
 but thefe however were acquitted, the Lords of the Jufticiaryand her Majefty's 
 Advocate differing upon fome forms ; particularly the L>ords refufing to admit 
 the Lord Advocate to produce more witnefTes, after the firft day of trial. 
 
 It is not my bufinefs to enter into this difpute, otherwife I could be more 
 large on this head : But the Government was fo fenfible of the incbnveniencies 
 of the old method of profecuting upon treafon, froiji this nicety, that prefently 
 upon this the Parliament refolved to bring in a bill to make the laws for trials^ 
 in cafes of treafon, the fame in Scotland as in England. 
 
 . From this period is alfo to be dated the diftraftions which followed in the 
 affair of religion, and of which I think it is very material to fpeak, becaufe they 
 have made a great noife in the world, and every one is not rightly apprized of 
 the thing, particularly many have entertained prejudices againft the good peo- 
 ple in Scotland, as if they had been afted by a fpirit of pafTion and perfecution, 
 when indeed, upon a full and clear examination of the matter of faft, the con- 
 trary will evidently appear ;. and therefore L could not fatisfy myfelf without do- 
 ing this piece of juftice to the church and people of Scotland ; as to give an im- 
 partial relation of the fadt, as it is attefted out of the public regifters,. by the 
 proper officers : and being myfelf an eye and ear-witnefs to every part of the 
 proceeding. 
 
 . About the end of February 1707-8, Her Majcfty by her letter to the Privy 
 Council in Scotland, gave notice of the 'intended invafjon, backed with a 
 French power, defigned againft Scotland ; recommending to them the fecurity 
 of the kingdom, the prefcrvation of the public peace, and that they would ufe 
 all poflible means to that efFed. 
 
 The Privy Council taking this affair into their confideration, it naturally 
 occurred; that to difcourage the enemies of the 1 Government at home was, 
 among others, one of the beft fteps to prevent the mifchievous confequences of 
 an invafion from abroad ; and in order to this, that it was reafonable to fupprefs 
 tlie public meetings of thofe, who, under pretence of divine worfliip, admitted 
 fuch Minifters to officiate, as the law in that cafe had prohibited, having not 
 
 qualified
 
 P R E F A C E. fy 
 
 qualified themfelves by taking the oaths, praying for the Queen, &c. by which 
 the public difafFedion was upheld and encouraged. 
 
 It was then agreed, to, nemine contradkente, in the Privy Council, and 
 fpr the truth of which >ye refer our, jeaders to tiie minutes of the Council for 
 proof; That, orders nipuld be iflfued out to all inferior Magiftrates to put 
 this refolve in execution j and orders were accordingly ilTued out to the Ma^nf- 
 trates of Edinburgh for that purpofe, who thereupon legally called before them 
 feveral Minifters or preachers, who were known to keep public meeting-houfcs 
 ■within their bounds,, afking thenn plainly, ia. terxns of law. If they prayed for 
 herMajefty, Ko;«/«fl/m,Jn their public meeting houfes ; and if they had quali- 
 fied themfelves, by, taking the Oath of Allegiance, and fubfcribino- the fame, 
 with the Affurance, as the law required ? ■ . 
 
 Some of them anfwered direftlyj but others avoiding the queflion, required a 
 legal trial by way of libel and proof; which was accordingly appointed, and 
 whereof the. ;precife points were, their not taking the Oath of Allegiance and 
 fubfcribing the fame, with the Aflurance ; their not praying for her Majefly, 
 mr^inatim, as the law requires ; and their not obferving public fafts and ihankf- 
 givings ; all which were notour, and being negatives, proved themfelves. 
 
 To this libel the aforefaid preachers made anfwers, and alfo took aprotefl, thar. 
 they were not legally cited, not; being called thither on fifteen days, as the old law 
 requires, or on ten days, as the late aft of Parliament againfl intruders prefcribes. 
 To which it was anfwered, that, as to the fifteen days, the known and per^ 
 petual euftom within burgh had over-ruled it to twenty-four hours; and as to 
 the. ten days, they were only appointed in the trial of intruders. But the preachers 
 called, being convened for notour difaffeftion by not praying, and by not tak- 
 ing the Oath of Allegiance, nor keeping fafts and thankfgivings, the citations 
 were good, and. the procedure unqueftionable ; and yet the Magiftrates thought fit 
 to give theiTi a further indulgence, and to allow them to give in all their defences 
 The fum of which defences, as contained in a reprefentation exhibited by the 
 faid preachers, being, fir ft, the forefaid dilators to this; they added, that by 
 the aft of Parliament, 1693, requiring all Minifters and preachers to take the 
 Oath of Allegiance, it is provided, that the contravener Ihall bepuniftied by 
 banifliment, or otherwife, as the Privy Council ftiall think fit, and therefore 
 the libel was improperly tabled before the Magiftrates. 
 
 It was anfwered, to the firft dilators, that the former anfwers were repeated ; 
 and to the fecond, that the Privy Council having referred the execution to the 
 Magiftrates, there could be no more debate about the competency on that head. 
 But then 'they went on to objc<5t againft the relevancy. — And as to'the aft of 
 the Convention, ordaining all Minifters to pray for the King and Queen, ncmi- 
 tiatim, they anfwered, that that aft did die and expire with King William and 
 Queen Mary. And as to the aft 1 693, ordaining all preachers to take the Oath 
 of Allegiance, and fign the fame, with the Aflurance ; they anfwered, firft, 
 
 D that
 
 f3 P R £ F A C E. 
 
 that that a6t did only concern Minifters provided to benefices and ftipends ; and 
 could not be extended to fuch preachers as enjoy no benefice under the Govrrn- 
 ment; and fecondly, the aft recognizing her Majefty Queen Anne, enjoins the 
 taking of the Oath of Allegiance, &c. to fuch aS are in public truft, and 
 preachers not beneficed Cannot befaid to be in any public trllft ; and thirdly, the 
 aft of Parliament, 1693, limited to the perfons of King Williattt and Queen 
 Mary, is out of doors with them; 
 
 To which it was replied, that the aft of Convention,' drdainirig all Minifters 
 and preachers to pray for the King and Queen, nominatim, is certainly to be 
 underftood likewife of all their royal fucceffors, efpecially fince it is fo plainly 
 founded upon the command of the Apoftle, and the duties of all fubjefts ; 
 fecondly, the aft, 1693, exprefsly relates to all preachers, wheth'er beneficed or 
 not, and withal defines all preachers to be perfons in public truft ; fo that the 
 aft recognizing her Majefty did exaftly fall within it, and afibrds no relief to 
 the defenders : And thirdly, the aft 1693, though it mentioned King William 
 and Queen Mary, yet is not limited to them^ but, being a perpetual law, ex- 
 tends to all their royal fucceftbrs; like as by the faid aft recognizing her Ma* 
 jefty, it is de failo fo extended. 
 
 Which defences and replies being read and confiderfed by the Magiftrates, 
 they repelled the dilators, as alfo all the other defences proponed for the de- 
 fenders, and found that, fince they had not prayed for'her Majefty Queen Anne 
 Tiominatimj and taken the Oath of Allegiance, he. they had incurred the pains 
 of law ; and therefore ordained them, and every one of thferin, to defift frortt 
 keeping of any meeting-houfes, within the city of Edinburgh, and liberties 
 thereof, and from preaching or'exercifing any part of the.minifterial funftiori. 
 within the fame in time coming, under thfe pain of 'imprifonment, and to' find 
 caution for that effeft betwixt and the 30th day of March then inftant, and in 
 the mean time that their meeting-houfes be forthwith ftiut up. , But though this 
 fentence was then paft, yet nothing followed upon it, until that the Privy Coun- 
 cil of Scotland being determined by an aft of Parliament, after the firftof May, 
 thefe difaffefted people, judging that the Council's orders were alfo expire4 
 with the Council that gave them, did about the 20th of June fall again to 
 their preaching, and entered their meeting-houfes j and further they irefolved 
 among themfelves, that they would continue to preach and not defift; which 
 moved the Magiftrates to renew the former prohibition, about the faid 20th of 
 June laft, which they ftill neglefting and defpifing, tliey were again called be-^ 
 fore the Magiftrates about the i6th of July, and required to find caution or 
 bail to defift, as being the known legal execution upon fuch prohibitory fen- 
 tences, cr otherwife to go to prifon. But they ftill rcfufing to obey, the Ma- 
 giftrates thought fit on the 13th to fend five only to piifon, which five were alfo 
 at length relieved ; fo indulgent were the Magiftrates in this matter. 
 
 This
 
 PREFACE. i^ 
 
 This whole trial, and all the fteps thereof, being' tranfmitted to heriM^jdly, 
 it pleaftd her Majefty, by her Royal Letters, under iicr hand and feal of the 
 1 8th of September laft, to approve what was done by the IVlagiftrates of Edin- 
 burgh in the faid matter, as acceptable fervice j and further to judge it necef- 
 fary for the fafety of her Royal Perfon and Government^ that all fuch meeting 
 houfea in every other place fliould be flratAjpJ nU lioT.' 
 
 Thus far the matter of faft. ..lmI'. pk'; ■';?flt ,-;r.;;. . ,.i.,.'/i 
 
 It is moft true> that in this firft profecution, there'whs'no other or further de- 
 fign,' than the giving a check to the invafion, and to tlie infolence of fome of 
 the non-jurant party, who at that time began to be more formidable in Scot- 
 land than in England; and this is apparent in the lenity jand forbearance of 
 the Magiftrates and Juftices of the Peace in Scotland^ wiho> as.fooa as the inva- 
 fion Was over, and the danger from abroad feemed at an' end, were very eafy 
 with them again ; the Minifters, who had been confined, were filently let go, 
 a,nd their former liberty connived at again; fo that their meetings became as 
 frequent as they werfc before, -notwithftanding they ftill refufed to take the 
 oaths, or pray for the Queen. ;j 
 
 But here it began to appear,' that there were fome among thofc people, who 
 had other aims in thefe things, than merely the liberty of their confciences, und 
 the worfhipping God; and that fomething ought to be attempted to make the 
 people uneafy, and to bring them by force to profecutc and attack than,--"^^^^' 
 
 And to this end, fince refufihg the oaths, (ince refufing to pr^y for the Queen, 
 nay aftually praying for the Pretender, would notprovoke the Governinent and 
 Magiftrates in Scotland to perfecute ; they find out another expedient, which 
 they are aflured will not fail, being what they know the Scots will not bedi*, 
 whatever it coft them ; ' and this was erefling the Common Prayer or Englifli 
 Liturgy in Scotland. '^ X^ t^a^.. 
 
 The people that made this attempt, behoved to get fomebody to do it; 
 that however Jacobite he might be in principle, was yet latitudinarian enough 
 in confcience, that he could fwallow all the oaths which ihould be offered to 
 him; indeed fome of the Jacobite clergy were fo 'lioncft, that as they would 
 not take the oaths, fo they did not approve of 'thb ' attempt; but openly dif- 
 avowed it; nor had the Epifcopal people in Scotland^ ever fet iip the Englifh 
 ilituVgy, although they. had reigned ir^ Scoxland for twenty-eight years together, 
 before the .Revolution. 
 
 But the defign being concerted, they found a tool : A poor curate of 15I. a 
 year in Ireland, but born in Scotland,' comts over to Edinburgh to mend his 
 commons; and having taken the oath's, he fall's in with this pdfty, who finding 
 him a perfon of proftituted . morals, a, large ftock in the face,' a9id ready, if 
 well paid, to do their work, they promife him fourfcore pounds .'a year, and ac- 
 cordingly begin a fubfcription for it. 
 
 D 4 Some
 
 ^ E F A C E. 
 
 $0 i' K 
 
 Some Englilh gentlemen had, it feems, promifed him fome encourageinent 
 towards that fum to be raifed, and this tliey make a handle of prefently, and 
 reported that this was fet up to accommodate the Englilh flrangers who could 
 not conform to the PreAjyterian Church. • I 
 
 But the Englifli gentlemen feeing into the. defign, and that they were to be 
 made a property to embroil the Government, and foment a divifion between the 
 two lately united nations, they foon abandoned him and his defign ; however, he 
 refolved to put his projeft in execution, and accordingly takes a houfe juft at 
 the crofs in Edinburgh, fits it up for a chapel, and begins to read the Englilh 
 fervice. 
 
 The people, as. every body knew they would, immediately took fire at the 
 thing ; but not doing him the honour to rabble him, which feemed to be what 
 his party expefted, they complaiji to the Magiftrates. The perfon that had 
 let him the houfe, finding what ufe he was putting it to, began with him, 
 and on pretence of his having made fome fpoil in pulling down partitions, &c. 
 not authorized by his contraft, gets him turned out of the houfe, and fo he be- 
 takes himfelf to a place lefs public, but ftill goes on with his Service-Book 
 worlhip. However, it gave lefs offence here j the other feeming to be a defi- 
 ance of the laws. It happened at this time, or in a few days after, that the 
 Commiflion of the General Affembly was to meet ; as foon as they fat down, a 
 Reprefentation or Addrefs is made to them by the inhabitants of Edinburgh* 
 and other places, againft this thing. The paper mentions other complaints 
 indeed, but this was the main thing aimed at. The Addrefs is as follows : 
 
 Unto the very Reverend and Honourable, the CommiJJton of the late General 
 
 Affemlly of the Church of Scotland, 
 We the Neighbourhood of the Town of Edinburgh and Suburbs, Under-SubfcriberSy 
 . ; ^,*. . do mofi humbly reprefenty 
 
 X HAT notwithftanding the many good laws and ads of Parliament, and 
 particularly the ad 6 and ?, Par. 1707, made for the fettlement and fecurity of 
 this National Church, and againft all incroachments upon her rights and privi- 
 leges, or innovations in her dodrine, worlhip, difcipline or government i and 
 of her Majefty's repeated afiurances in her Royal Proclamations, Letters to her 
 Privy Council, and the General Aflemblies of this Church, to maintain and 
 defend the fame in its prefent eftablifhment, againft all fuch unlawful intrufions, 
 incroachments, and innovations, particularly her Majefty's Proclamations 
 againft unlawful intruders into churches and manfcs in Scotland, dated Sep- 
 tember aoth, 1708. 
 
 Yet to our very great furprife, feveral of the Epifcopal Clergy, prompted and 
 inftigated thereunto by the Jacobite party, who are equally difafFeded to the 
 civil as to the ccclcfiaftic conftitution, have of late, not only erecSbed meeting 
 
 houfcs
 
 PREFACE. 2, 
 
 hoiifes in this city, after the Scots Epifcopal way, but alfo in feveral pfaces here, 
 have fet up the Englifh fervice, which as it is contrary to our eftablifliment, 
 and very grievous and offenfive to us, and all others who are well affefted to 
 her Majefty, and the prelent eftablifhment, fo it will prove of fatal and dange- 
 rous confequence to the Church, if not fpeedily remedied. 
 
 It would be confidered, in the firft place, that feveral of fuch as preach in 
 thefe meeting-houfes are known not only to be unfound in their judgments; but 
 alfo fcandalous and immoral in their lives and praflices : and however they may 
 pretend to be qualified according to law, yet if they were not fecret and heart 
 enemies to her Majefty, and the prefent Government, they would never yield 
 themfelves tools to a Jacobite party, for carrying on their wicked and pernicious 
 defigns. 
 
 2dly. They cannot pretend it to be a matter of confcience, in fetting up of 
 the Englifh fervice here ; for, abftra6ting from Prefbytcrians, even the body and 
 bulk of the Epifcopal perfuafion in Scotland, have never been fond of the Eno-- 
 lifh way of worlhip; but upon many occafions have teftified dieir diflike of the 
 fame; and none of them fcruple to join in communion with this Church, but 
 fuch as are either openly profane, and will not fubjedl to church-difcipline, or 
 avowed Jacobites. — And therefore, 
 
 3dly. We conceive, that by thefe illegal and unwarrantable Incroachments, in- 
 trufionsand innovations, they defign no lefs than the ruin of both Church and 
 State; for, as the fetting up of the Englifh fervice here did, in former times, 
 breed much trouble and confufion in this Church and nation, fo at prefent it does 
 raife and foment jealoufies and heart-burnings in the minds of people, otlierwife 
 zealoufly affefted to her Majelly's Perfon and Government, and exceedingly 
 widens the breach betwixt us and the feparating parties on both hands ; and the 
 inftigators to, and abettors of thefe pradlices are in big hopes, and not without 
 too good and evident grounds, that this will prove an etJeftual mean of alienat- 
 ing theliearts and affedtions of many of our Queen's beft and moft loyal fubjedls 
 from her Majefty's Perfon and the prefent eftablifhment, and that by this means 
 they fhall efFedually wound and weaken the Church on both fides, and alfo 
 ruin the civil government. 
 
 We muft alfo humbly reprefent, that albeit we have many good and laudable 
 laws and afts of Parliament againft Popery and Papifts, their trafficking and 
 preaching in Scotland, particularly againft their teaching of any fcience, art and 
 exercife within the fame, and againft all irreligion and blafphemies, yet Papifts 
 do openly and avowedly teach and praftife even within the city of Edinburgh, 
 and fuhurbs : and now alfo a profane and deluded crew of enthufiafts are fet up 
 in this place, who, under pretence to the fpirit of prophecy, do utter moft horrid 
 blafphemies againft the ever-glorious Trinity, fuch as ought not to be futTered in 
 any Chriftian Church or nation, feeing this ftrlkes at the very root and vitals of all 
 
 religion^
 
 j2 PREFACE. 
 
 religlotij and is fet on foot by Satan, to confound ( if pofRble) all folid thouglus 
 
 of a Deity among us. 
 
 We have, for brevity's fake, reprefented but few of the many inconyeniencies 
 that will certainly follow the fufferingof fuch pra£tices, and do judge it our duty, 
 in all humility to lay them before the Reverend Commiffion, feeing you are fet 
 by the Church of Scotland upon the watch tower, to advert that the intereft of 
 Jefus Chrift and the prefent eftablifliment of this Church do not fufFer orfuftain 
 any prejudice which you can prevent ; particularly to take fpecial care to keep 
 and maintain unity in the Church upon all emergencies j and to fee the due ex- 
 ecution of the a6ts of the Aflembly, which are very plain and cxprefs againft 
 fuch innovations in the worfhip of God, particularly the adt 1 5 General Aflembly 
 1707. And therefore humbly and earneftly beg and entreat, that, as you ten- 
 der the glory of God, the peace and unity of this Church, and the quiet and 
 fafety of her Majefty's Government, you would ufe your utmoft endeavours for 
 fupprefling and crufhing fuch intolerable and pernicious practices and defigns 
 
 in the bud. 
 
 And your fupplicants fliall. ever pray, &c. 
 
 , This addrefs was figned, in lefs than three hours, by between two and three 
 hundred people; the like addrefs came from Haddington, and the like were pre- 
 paring almoft all over the kingdom; but this having an immediate anfwer, in the 
 application of the Commiflion of the Aflembly to the remedy, the other ad- 
 drefles were laid afide. 
 
 For the Commiflion of the Aflembly immediately fell upon the work, and pafled 
 an aft, in which, among other things, they aflerted the legal eftablifhment of 
 their Church by the Revolution, by fubfequent laws, and thofe laws receivincy 
 the general fanftion of the Union, againft all manner of innovation; injufl: 
 execution of which laws, they referred it to the rcfpeftive judicatories of the 
 Church, fuch as Kirk Seflions, or Prefbyteries, to proceed forthwith againflifuch 
 innovations or innovators as fhould be found in their refpeftive bounds. 
 
 In the confequence of. this aft, the Kirk Seflion of the north- eaftparifli of 
 Edinburgh, called commonly the College Kirk, prefented this new come in- 
 novator to the Prcfbytery of Edinburgh, who accordingly cited him before them, 
 
 I fliall only give a fummary of the proceedings againft him, for it is not their 
 form of proceeding, but the nature of the thing that feems.to call for this pre- 
 fatory narration. It is to be obferved, that the Prefbytery did not proceed 
 againft him upon the fubjeft of innovation, or his having fet up the Common 
 Prayer at all, nor was it once mentioned to him, or in the fentence of the Prefby- 
 tery; but they firft demanded. Who he was. Whence he came, and. What autho- 
 rity he had to execute the oflice of a Minifter ? and not being able to produce 
 any legal ordination, or miniftcrial induftion, except from the exauftorate de- 
 pofed Bifliops, to whom, neither by the Church of Scotland's conftitution, or 
 by the Epifcopal Church of England's conftitution, any fuch power or office 
 ' remained
 
 PREFACE. 23 
 
 remained, they proceeded to their fentence againft him, declaring him in- 
 capable toexercife any part of the minifterial fundlion in their bounds. 
 
 He declined their authority; treated them with contempt; refufed to appear 
 at their fubfequent citation : they took no farther notice of him, but fent a 
 copy of their fentence to the Magiftrates of Edinburgh^ in ol-der to the Civil 
 Power putting it in execution. ' '' '"' 
 
 In purfuance of this fentence, the Magiftrates fent for him, ''4ri3 giving him 
 intimation of the fentence of the Preflaytery, they give notice that he do not 
 prefume to preach any more within the bounds of the city, on pain of impri^ 
 fonment, and gave him time to fhow his obedience to their ohier : he carries 
 himfelf with the fame haughtinefs to the Magiftrates; tells them pofitively, that 
 he would not obey them, and accordingly the next Sabbath he'^reaches openly 
 i 1 the city ; nor yet would the Magiftrates have committed him, had he not in- 
 folently triumphed in his contempt of their authority, appeared openly at the 
 crofs, to let them fee that contempt, and by all the methods pollibk'cb him, 
 infuked them in the affair of their fentence. ' -r— _ ' 
 
 This brought the Magiftrates to an abfolute necefiity to'comnilit him, in vin- 
 dication of their authority, and that they might not give their own confent to 
 be trampled on by the ^vhole party; accordingly they fent for him again, and 
 ftill offering him his lib'erty, upon obedience to their former order, ^nd trfe fen- 
 tence of the Preftjytery, which he infultingly refufed, they committed him to the 
 Tolbooth of Edinburgh. 
 
 It were very little worth while to fill this Preface with the ftory of this per- 
 fon, were it not the oc'cafion of bringing upon the ftage debates of feveral 
 kinds, which it feems heceflary to fet in a clear light to tile World j in the iiiif-^ 
 feprefenting which, the Church as well as people of Scotlandreally receive much 
 wrong, to whom, I thihk, it is the duty of an honeflrman, as well as of a faith- 
 ful hiftorian, to do juftice. ' ' ' 
 
 The cafes are fuch as thefe : ■ 
 
 Whether the Scots in thefe profecutions are not perfecutors for confcience ? 
 
 Whether the Epifcopal depofed Clergy have yet a right to ordain Miniftcrs ? 
 
 Whether the Epifcopal Church of Scotland, andtheEftablilhed Church of 
 England are at all of kin, or no? 
 
 Whether toleration of Epifcopacy and the Englifh Liturgy can beeftablifhed 
 in Scotland, or no ? 
 
 I fhall fay fomething to all thefe, fo far as matter of fafk and a hiftorical nar- 
 ration requires, and fomething by obfervation, as far as the civil rights of Scot- 
 land are concerned, and thus far I think they are proper to be fpoken to by way 
 of Preface : as to the theological part of the difpute, I ftiall have occafion to 
 handle it elfewhere, neither can it be reafonable to expeft it here. 
 
 In taking notice of the firft of thefe queries, Whether the Scots in thefe pro- 
 fecutions are not perfecutors for confcience ? 
 
 4 It
 
 24 
 
 R E F A C E. 
 
 It may be alledged. That all profecutions of law, where the offender pleads 
 e^nfcience againft his obedience, are perfecutions for confciencc; and if this 
 be brought by way of argument in this cafe, then my anfwer is very brief; 
 the Scots, and with them all the Chriftian nations in the world, but efpecially 
 theChurchof England, are perfecutors, and without queftion ought to be fo. 
 
 But if you will reftrift the term perfecution, to the generally received fenfe of 
 it, viz. difturbing, profecuting, and purfuing the peaceable exercife of religious 
 worlhip, performed merely in obedience to the didates and commands of con- 
 fcience; then I may fafely challenge all the world in behalf of the people 
 of Scotland, to ftiew the leaft veftige or appearance of perfecution among 
 
 them. 
 
 I think, while I am/in this argument, addreffing myfelf principally to -the 
 neople of England, and among them to the Church of England, I can do 
 -nothino- better, than bring their own praftice to a parallel with theChurchof 
 Scotla*i<^as a ftrong and convincing way of arguing, to them efpecially, in the 
 cafe I am upon; and firft, I take the authority of the Parliament of England 
 againft perfecution, in the great A£t for Settlement of the Toleration, where it is 
 faid, " Whereas it is reafonable, that all juft tendernefs Ihould be fhown to tender 
 " confciences,"&c. Then in the preamble of the late famous Occafional Bill, are 
 thefe words, " Whereas perfecution for confcience fake, is contrary to the prin- 
 "■ ciples of the Chriftian religion, and the doftrine of the Church of England.'' 
 Take thefe two, and compare them with the Adl i. William and Mary, cap, — , 
 By which all thofe ecclefiaftics, who would not take the oaths, are depofed and 
 deprived tf^ officfo et hneficio; and it will neceffarily follow, at leaft in my opi- 
 nion, that either the Church of England, in depofing the non-jurant clergy in 
 England, afts contrary to her own doftrine and the principles of the Chriftian 
 religion, ut Jupra: or, that depofing and depriving the non-jurant Biftiops, 
 &c. is not perfecution for confcience. 
 
 I humbly refer this to the determination of all that fhall read impartially, if 
 it be not clearly and fairly ftatcd. 
 
 If then depofing and depriving the Clergy of the Church of England in Eng- 
 land, who refufe to take the oaths to the Government, be not perfecution ; it re- 
 mains for the other party to prove, that the fame thing in Scotland can be called 
 perfecution, and in England no perfecution. 
 
 The depofing Epifcopacy itfclf in Scotland, feems to come in queftion here, 
 and would require a long difcourfe; but as I am fpeaking chiefly to the 
 Church of England in this cafe, I am very willing to make her a judge j and 
 I prefume it will be arguing ad hominemy to fay, though I do not lay the ftrcfs 
 here neirhef. 
 
 That depofing Epifcopacy in Scotland, and depofing Popery in England, ftand 
 in many cafes upon the fame foot ; and the Church of Scotland has offer- 
 ed litde or no violence to the Epifcopal Church in Scotland ; but what the 
 
 Church
 
 P R E r A C E. 25 
 
 Church of England has offered to the Roman Catholicks in England : Now 
 though in general this would be no argument, yet 'tis a reafon in this cafe, why 
 the Church of England, above all other, ought not to charge the Church of 
 Scotland with perfecution in that particular. But to go further, the Church of 
 Scotland did not immediately pull down Epifcopacy, I mean, the Church ab- 
 ftraftly confidered in her ecclefiaftical circumftances ; but it was done by the 
 Government of Scotland, the body of the people, I mean the Parliament before 
 the Prelbyterian Church was eftablilhed. And it is evident, by the claim of 
 right, that Epifcopacy was turned out of Scotland, not as a thing eftabliflied, 
 but as an intruder upon the eftablifhed religion, which Scotland had from the 
 very Reformation embraced, which they. had fworn in their national covenant to 
 maintain, and which by law it was their right to reftore : in fliort, Epifcopacy 
 was turned out as a man, who has had his eftate taken from him by opprefTion, 
 recovers his right by law, and then difpoffelTes the wrongful incroacher or inva- 
 der, and enters upon his own. 
 
 Univerfal hiftory will allow, that the Scots reformed nrft into the Geneva 
 model, by the agency of the famous John Knox and others, and that they had 
 no Epifcopacy in their firft eftablifliment at all; nor can all the labour that has 
 been fpent to make the Superintendents, who were fent into the feveral parts of 
 the kingdom, to fettle ecclefiaftic affairs, look like Bifliops, — for this will for 
 ever fupercede that fuggeftion, viz. That thefe Superintendents, though veiled 
 with power over the Minifters they went to vifit, yet received that power from, 
 and exercifed it in fubordination to the General Affembly of the Prefbyterian 
 Church, and were often called to an account, cenfured, and removed by the 
 Synods, nay, and fome fay, even by private Prefbyteries. See Calderwood's 
 Hiftory of the Church of Scotland. 
 
 Epifcopacy in Scotland being thus fuppofed an invader and fpoiler, the Revo- 
 lution did no more than take from them their ufurped authority, caufe them to 
 difgorge what they had moft unjuftly devoured, and the invader having thus 
 been turned our, the right owners of the houfe came again, and took poffeffion 
 of their own ; and this can by no means be called perfecution. 
 
 My fecond enquiry is upon a new difpute, and I think admits of no difficul- 
 ties in matters of law, whatever it may in matters of confcience, viz. Whether 
 the depofed exauftorate Bifhops have power left to ordain Minifters ? Indeed 
 the queftion feems rather to lie here, whether fuch preachers as fhall be licenfed 
 or ordained by the exauftorate Bifhops, ought to be efteem as Minifters, efpe- 
 cially in that church which has fo depofed them ? — This being the prefent de- 
 bate, it rather refpefts the civil than ecclefiaftic part of the queftion. 
 
 It feems to me highly abfurd, that the Church of England fliould receive as 
 a Minifter among them, a man ordained by him whom they will not own or re- 
 ceive as a Minifter of their Church ; for if the Bifliop after deprivation fliall or- 
 
 E dain
 
 26 PREFACE. 
 
 dain MiniflerSj how then is that Biihop deprived al> officio ? Nor indeed do I 
 know that the Church of England has at all admitted this abiiirdity among 
 them J the thing is only ftarted in Scotland to beget new broils on that head ; 
 and it feemsftiil more ablurd, that the non-jurant Bifhops in Scotland, fhould 
 have power to ordain a Minifterof the Church of England. 
 
 But to fupport this abfurdity, a worfe is ftarted among us, viz. That the 
 Epifcopal Church of Scotland is incorporated into the Church of England by 
 the Union, and this is the reafon of my third enquiry. 
 
 3. Whether the Epifcopal Church of Scotland, and the prefent eftabliftied 
 Church of England, are at all of kin or no? 
 
 This enquiry, if it be direftly traced, will lead to a new queftion, viz. What 
 is to be meant by the Church of England ? I mean in this queftion only, and 
 therefore I fhall anfwer it both ways very briefly. 
 
 If by the Church of England we mean, the Church as now eftabliflied, or ra- 
 ther recognized by the Revolution, and now received and acknowledged by the 
 Queen and Parliament j then indeed this pretended incorporation is an abfur- 
 dity, and there is no more any fuch thing, than there is an incorporation be- 
 tween God and Baal j for the Church of England, fo underftood, has fpued the 
 other out as illegal, has rejefted her as Jacobite, and has joined in and confented 
 to by the Union, the eftablifliment of the Prefbyterian Church in her ftead, 
 and upon her ruins, as the true Proteftant religion, and eftablifhed national 
 Church of Scotland, vide the Adl of Union ; and from this ftipulation, Ihc 
 (the Church of England) herfelf, cannot go back; but if on the other hand, 
 by the Church of England, is to be underftood the Dodwellian- Jacobite-Fac- 
 tion of the Church, who refufe to own either the religious or civil eftablifhmcnt 
 now reigning in Britain, efteeming the Queen an ufurper, the Revolution a re- 
 bellion, and the Church of England fchifmatical, if thus they underftand the 
 Church of England, then they and the Epifcopal Church of Scotland may, for 
 ought I know, be incorporated into each other, and may be efteemed one body; 
 and they are welcome to be fo accounted : but how this is done by the Union, 
 remains for thofe gentlemen who pretend to it to make out. 
 
 I think, I need not defcend to many arguments in this cafe ; the cafe is evi- 
 dent, the Epifcopal Church in Scotland being entirely Jacobite at this time, 
 cannot be faid to incorporate with the Church of England, who acknowledge 
 Queen Anne, becaufe they rejca her as fchifmatical and apoftate, and that they 
 can reje6t her, and be incorporated into her at the fame time, feems impraftic- 
 able and abfurd. 
 
 It remains to enquire, whether Epifcopacy and the Englifti Liturgy may not 
 be tolerated in Scotland ? And here I ftiall wave the various arguments about 
 the necefTity and obligation which lies on all Chriftians to pay reverence to con- 
 fciencc, and in order to give all pofTible liberty to religious opinions j but I 
 fhall lay the ftrefs of my prefent arguing another way. 
 
 4 Fi'ft
 
 PREFACE. 27 
 
 Firft, fpeaking of Scotland, we are to diftinguifh between tolerating of Epif- 
 copacy, and tolerating of Jacobitifm ; and if this be diftinguifhed right here, we 
 {hall have little need of the queftion at all ; and in the na^-neof the Scots, I may 
 very well fay to the Church of England, — Gentlemen, when you plcafe to tole- 
 rate Jacobitifjn by law in England, we will confider of tolerating Epifcopacy 
 in Scotland ; and this way of arguing feems very juft, becaufe if you pleafe to 
 abilradt Jacobitifm from Epifcopacy in Scotland, you will leave no Epifcopacy 
 there, but what is already tolerated by law, viz. by the Aft the firft 
 
 Parliament William and IVIary, which ordained that all thofe Epifcopal Minifters 
 who would take the oaths fhould continue in their Churches, and there they re- 
 main to this day; a kind of toleration much fuperior to that in England, for 
 thefe enjoy the Prefbyterian ftipends and manfes, and in fome of their parilhes 
 the eftablilhed Church Minifters preach by them in meeting-houfes 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 proje6l, finding this argument turned too hard 
 upon them, have fet up a new one, and which therefore I have added in the 
 queftion, and this is about tolerating the Common Prayer book in Scotland ; 
 and this brings a new difpute upon the ftage, a difpute that feems to have more 
 policy than religion in it, and I doubt not but it will foon be de4:e£led. 
 
 That this is not a cafe of confcience, but a party trick to embroil, will appear, 
 if we confider two or three things. 
 
 1. That for twenty-eight years preceding the Revolution, when the Epif- 
 copal Church was (humanly fpeaking) triumphant in Scotland, they never ad- 
 mitted of the Englifh Liturgy among them ; nor was it ever attempted for one 
 hundred years before, but once by Archbiftiop Laud and his party, which attempt 
 was the overthrow of all the contrivers, and it is more than probable may be fo 
 again, if they go on with it ; this proves it is not any part of the profeffion of 
 the Epifcopal Church of Scotland, and therefore cannot be faid to be demanded 
 in behalf of confcience. 
 
 2. From the Revolution to the time of the Union, during which time the 
 Epifcopal non-jurant Clergy in Scotland have erefted feveral meetings or con- 
 venticles of their party for religious worfbip, they have had very little thought 
 of the Englifti Liturgy, but what of it is come among them, is a mere innova- 
 tion thruft in upon them by the artifice of a party, in part to claim kindred of 
 the Cliurch of England, and partly to inflame and enrage the people of Scotland, 
 who they know arc; averfe to it. 
 
 3. At this time, while the leaders of the party are impofing this upon the 
 Church and people of Scotland ; they have fome difficulty to make their own 
 people agree to, and efpoufe it ; the thing is fo far from being defired by the 
 people in Scotland, that even thofc who frequent their meetings, that are Epif- 
 copal in religious principles, and Jacobite in political principles, yet fliun the 
 
 E 2 Liturgy
 
 23 PREFACE. 
 
 Liturgy, diflike it, and are with difficulty and reludtance brought to bear it; 
 nay in moft parts they will not comply with it, but abandon thofe that read it, 
 and throng after thofe Epifcopal Minifters that decline it. 
 
 Thefe are fufficient to make it appear, that the attempt of erefting the Com- 
 mon Prayer Book in Scotland, is not founded in the confciences of the people; 
 that it is a politic defign to carry on a party intereft among us in England, and 
 embroil, if pofTible, the people of Scotland with the Government, is evident 
 from the laft head, that they are at pains to bring their own people to efpoufe 
 it, which if it were not to ferve their civil intereft, it will be hard to fuggeft on 
 what foundation they make the attempt. 
 
 But I come next to enquire into the civil rights of Scotland as they ftand, 
 either fupported or invaded by this attempt ; if then the Church of Scotland has 
 a civil right to the ecclefiaftic immunity flie enjoys, and that the Union had 
 confirmed thefe rights, then nothing can be impofed upon her, againfi: her pre- 
 fent fettlement, without breach of the Union : And this, I prefume to fay, no 
 human authority now eftablilhed in Britain can fo much as attempt, without 
 diirolving the very Conftitution. 
 
 By the Union then, and the feveral a£ts of Parliament for the fecurlty of 
 the Prefbyterian Church, which are confirmed by, and made part of that Union; 
 the purity and uniformity of the worfhip, difcipline and government of the 
 Church of Scotland is to be preferved to the people of Scotland without any 
 alteration ; mark thefe words, I repeat them again, without any alteratiotiy to 
 all fucceeding generations. 
 
 If any man will fay, that tolerating the Common Prayer can confift with 
 preferving the uniformity of the worfliip, or the tolerating Epifcopacy can con- 
 fift with the preferving the government of the Church, or either of them with 
 preferving the difcipline ; 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 ereft fuch a toleration with- 
 out invading the Union, which I humbly conceive they have not power to do. 
 Nor can the Church or people of Scotland legally give their confent to any 
 fuch aft of toleration ; becaufe this purity and uniformity is to be preferved 
 to all fucceeding generations ; and the prefent generation has no more power to 
 give up what by the Union is thus entailed on their poftcrity, than the Parlia- 
 ment can give up what is conceded to the faid prefent generation. 
 
 By this it fccms, the Church of Scotland is fo eftabliflied, that neither can 
 her enemies impofe toleration upon her; neither can her treacherous or neg- 
 ligent friends, too many of whom llie may have in power, give up her claim 
 to her eftabliftiment ; neither can Ihe herfelf abandon her right to, or her pof- 
 felTion of her eftabliftiment, exclufive of all manner of innovations or invafions 
 on the purity and uniformity of her worftiij), difcipline or government. 
 
 This
 
 PREFACE. 25 
 
 This I think is the prefent ftate of the queftion about tolcr.ition in Scodirid ; 
 what glofs the artifice of enemies, and the craft of parties may put upon the 
 attempts now making, of invading the f)rivileges of the Church of Scotland, I 
 have nothing to do with in this treatife ; I am furc, if the Reprefentativcs of 
 Scotland are faithful and vigilant, (he is in no danger; nor can her Church 
 privileges be invaded by a toleration, without deftroying the civil as well as ec- 
 clefiaftic Conftitution, upon which Great Britain is at this time eftabliflied by 
 the Union. 
 
 Two things I find fall naturally in our way as objecTions (in England efpeci- 
 ally), when we argue againft tolerating the Englilh Liturgy in Scotland: Firft, 
 that this is falling upon the Common Prayer book, and infulting the Church of 
 England ; and fecondly, that this will be injurious to the toleration which the 
 Diflenters enjoy in England. 
 
 It is moft certain in ftrift juftice, that though both thefe were true, it makes 
 nothing to the argument. The queftion is not of civility to the Church of Eng- 
 land, or of prudentials to the Diflenters in England; but of riglit and juftice to 
 the Church of Scotland. — We are here in a right of property capitulated for by 
 the Union, ftipulated for and agreed to by the Church of England, that no 
 alteration fhall be made; that the purity and uniformity Ihall be preferved : Ei- 
 ther it is preferved, or it is not ; — if the Common Prayer be impofed on them, 
 if Epifcopy be tolerated, their worlhip and government is altered, or it is not. — 
 If it be, then the Union is invaded, or it is not. The queftions are fhort, and 
 need no cavilling ; though fpeaking of the Church of England, and of the Dif- 
 fenters in England, the Scots may be civil to one, and careful of the other, yet 
 they muft not give up their eftablifhed rights on that fcore ; this were to compli- 
 ment them at too great an expence. Would the confcientious Epifcopal people 
 in Scotland be eafy, no body molefted them, they enjoyed their liberty unmo- 
 lefted enough, and in a manner which the Diflenters in England for many years 
 would have rejoiced at; but when nothing will fatisfy but encroaching upon 
 declared and eftabliftied rights, the Church of Scotland is then bound to alTert 
 her own property, and neither the Church of England or the Diflenters ought 
 to take it ill from them. 
 
 But after all, the Church of England have no reafon to take it ill, that the 
 Scots do not make life of the Common Prayer, any more than the Scots have to 
 take it ill that the Church of England do not make ufe of the Prefbyterian dif- 
 cipline ; they are two national Churches; either of them have their refpeftive 
 kingdom to which they belong, conftitution on which they are built, and laws 
 by which they are eftabliftied; they are perfectly independent one of another, 
 and have no fuperiority over or fubjedtion to one another ; they are confederated 
 by the Union, and the butts and bounds of their refpeftive influence are ftated 
 and irreverfiblv determined; I fay, they are but confederated, for it is no more ; the 
 
 kingdoms
 
 30 PREFACE. 
 
 kingdoms are incorporated, but the Churches are but confederated; but the liriks 
 of this chain are fo nicely twifted together, that the confederacy cannot be broken, 
 without deftroying 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 fay. We 
 will have nothing to do with your Common Prayer. — Nor to the Church of Scot- 
 land, to have the Church of England fay. We will have nothing to do with 
 your Prefbyterian difcipline. It was the great preliminary of the treaty, that the 
 Churches of either kingdom fhould have nothing to do with one another ; and 
 therefore the treaters on both hands were exprefsly forbid to meddle with the 
 affair of the Church, whofe eftablifhments it was found abfolutely neceflaiy 
 ikould not in the leaft interfere with one another; nor their refpeftive jurifdic- 
 tions be fufFered to incroach upon, or invade one another. If any have reafbn 
 therefore, to take ill any thing from the other, the Church of Scotland has the 
 firfl: offence given her, by this attempt to invade her uniformity ; only this is to 
 be faid for it, that it is the aft and deed of a party, not of the Church of Eng- 
 land, confidered as a Church. 
 
 As to the danger to the Diflenters, with refpeft to the toleration they now 
 enjoy in England, the fears of thatfeem to be altogether groundlefs, to any man 
 that rightly underftands, either the nature of the toleration in England, or the 
 ftate of the queftion concerning toleration in Scotland ; in which it is manifeft, 
 that the difference is fo wide, that no argument can be drawn from the one to 
 the other, either to ftrengthen or deftroy. 
 
 The Scots oppofe a toleration by a claim of right, ftipulated between the 
 two nations ; and it is evident, when the aft for Security of the Church of Scot- 
 land was pafTed in Scotland,this very matter of toleration was not a little debated, 
 and the Prefbyterian oppofers of the Union in Scotland were not backward to 
 exprefs their apprehenfions of a toleration being brought upon them by the 
 Union. They were anfwered by the Aft of Security, which was fuppofed, be- 
 lieved, and intended to be efFeftual againft fuch a thing; and had they not 
 thought it fufHcient, but infilled in words at length. That the Englifh Liturgy 
 Ihould not have been tolerated, or at all ufed in Scotland in public, 1 may ap- 
 peal to all the gentlemen concerned, either in Scotland, or here in England, 
 that it would not have been denied : and the author of this is witnefs to large 
 alTurances given to this purpofe ; but it was thought modefter to fet it down in 
 lefs pointed terms, no man doubting but that an article to preferve the unifor- 
 mity of worfhip in the Church of Scotland, without any alteration, in all fuc- 
 ceeding generations, mufl be fuppofed to contain a fufBcient fecurity againfl the 
 Englifh Liturgy. 
 
 Now it would fecm a very grofs fuggcftion, and reproach the Church of 
 England with flrange injuftice, to alledge tliat they IhoulJ difcontinue their to- 
 leration
 
 PREFACE. 31 
 
 kration to Proteftant DifTenters in England, becaufe they themfelves having 
 confented to the exclufion of Epifcopacy in Scotland, the Scots hold them to 
 their bargain. 
 
 Befides, the toleration in England, would the Diflenters fee their own right 
 to it, has a legal claim, and a capitulation alfo on which it is founded, and can- 
 not, without manifeft injuftice, be invaded by the Church of England j but to 
 invade it, becaufe the Scots will not tolerate Epifcopacy, which tliey(the Englifli) 
 confented fhould not be tolerated, would be a double injuftice, and is a reproach 
 to the Church of England, fo much as to imagine. 
 
 I think this argument needs no further difcourfe. The Scots do infift upon 
 it, that by the Union they ought not, and by the conftitution of their Church, 
 they cannot admit the Common Prayer book to be publicly ufed in Scotland; 
 and thofe that offer it to them, know the people there will by no means bear 
 it. I am loath to fay that's the chief motive of the attempt. 
 
 Several other difputes happened in Scotland after the Union, which cannot 
 be brought into the compafs of a Preface, and muft be referred to the further 
 hiftories of thofe times; as the a6l for making tiie trials in cafes of high trea- 
 fon the fame in both countries ; occafioned, as is obferved before, by the dif- 
 putes which happened at the trials of the four gentlemen brought from Eng- 
 land on the invafion. 
 
 The cafe of tlie drawbacks on fifh cured with foreign fait, imported between 
 the making the Union and the firft of May, which being a debate that can 
 never happen again, is not material 5 only to obferve, that though the intent 
 and meaning of the a6b of Union, was not for them, nor indeed the equity of 
 the cafe ; for they could not be fuppofed to drav/ back what they never paid, 
 yet the letter of the Union being for them, the Parliament voted them their 
 money, which was a teftimony of the regard the Britifh Parliament always 
 have, and muft always have to the Union. The cafe in fhort was this : 
 
 By the eighth article of the Union, feveral allowances are made, as draw- 
 backs upon fifti cured in Scotland, and exported again. The reafon of this 
 allowance was, becaufe the fait 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 firft of IMay, when it was to take place, a very great 
 quantity of foreign fait (French) was imported, which, by the paffing all the 
 goods fo imported as before, paid none of the Englifti duties. Now it was 
 alledged, that as the duty did not commence upon the fait, fo the drawback 
 ought not to commence, which was the effefl of that duty ; but the letter of 
 the aft being exprefs. Article VIII. That all fifh cured with foreign fait fhall 
 draw back, &c. the Parliament voted it, and Scotland got about twenty- 
 feven thoufand pounds fterling drawback, where they paid little or nothing of 
 duty. 
 
 I do not remember any thing material that happened in this interval, more 
 
 than
 
 21 PREFACE. 
 
 than what has been hinted at here ; the Parliament of Britain went on to eafe 
 the Scots in every thing that came before them, and except the aft above- 
 mentioned about treafon, I know nothing that pafled againft the joint opinion of 
 the Scots Members in two Seflions of Parliament, which have fat before the 
 writing thefe Iheets. 
 
 I have now only a few things to take notice of here, relating to the per- 
 formance of the work, which I muft make fome apology for, and which Ihall 
 clofe this Preface. 
 
 Firfl, That there are fome a£ts of Parliament, which in the book are refer- 
 red to, as printed in the Appendix, but are not there -, as the Act of Security 
 of Scotland formerly pad there j the aft in England, intituled, " An Aft for 
 " preventing dangers arifing from the faid Aft of Security in Scotland j" the 
 feveral afts of Parliament for naming CommiiTioners for the treaties ; and the 
 aft for plantation of kirks, and valuation of teinds. Thefe afts being all 
 public, and to be found in the feveral volumes of Afts of Parliament of the 
 refpeftive kingdoms, I have omitted in the Appendix, as needlefs, though re- 
 ferred to in the book ; the Appendix alfo fwelling beyond my expeftation. 
 
 A note alfo of the difference of the feveral duties on goods exported and im- 
 ported before and after the Union, and of the ftations of the cuftom-houfe 
 cruifers, mentioned fol. 12, of the firft Appendix, and referred to N. R. S. 
 T. V. Xxx. of the fecond Appendix, are omitted, the firft as needlefs, a book 
 of rates of both being afterwards publifhed in Scotland; the fecond as void 
 by the courfe of things, the faid cruifers having never been built. 
 
 In the fifth page of the firft Appendix, laft par. 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 firft of Mayj 
 but I find myfelf obliged to acknowledge ingenuoufly, that after many eflays 
 to obtain fuch a computation, that I could never come to any account fo exaft 
 as I could depend upon, or venture to publifh. 
 
 The irregularity of the Appendix may deferve fome excufe } but the various 
 times in which the feveral parts were wrote, even fome before others were 
 afted, were the true reafon of the irregular placing of the pieces } and it is 
 hoped the reader will accept that for a reafon. 
 
 As to the work itfelf, I fhall fay 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 faftions and parties to pleafe, and muft be cenfured by fome. I 
 have endeavoured to fpeak truth, and relate faft impartially in all that is mat- 
 ter of hiftory. As to my own obfervations, they are but my opinions, and they 
 muft abide the fierceft attacks of parties, as the paffions and intercfts of men 
 guide them, and I am perfeftly unconcerned at the event. 
 
 DANIEL DE FOE,
 
 GENERAL HISTORY 
 
 F 
 
 UNIONS 
 
 1 N 
 
 BRITAIN. 
 
 Xn order to come to a clear underftanding in the whole frame of this wonder- 
 ful tranfadlion, THE UNION, it is neceflary to let the reader into t!ie 
 very original of it, and inquire where the firft fprings are to be found, from 
 whence this mighty tranfaftion has been formed. 
 
 And though this will of courfe lead us back a great way into hiftory, yet it 
 will carry this advantage along with it, that we fhall fee all the feveral fteps 
 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 difafters, to feek this 
 treaty, as the only harbour the fhip of the ftate could fafely come to an anchor 
 in. 
 
 Nor is it unworthy obfervation, efpecially to thofe who love to remark the 
 connection of providences in the affairs of this v/orld, and the various turns 
 the ifland of Britain has had in the compafs of a few paft years ; all which have 
 had a direft tendency to this great event, though perfeftly unforefeen, either by 
 the aiSlors or the lookers on in thofe ages. 
 
 The animofities between thefe two nations would require a great deal of time 
 and art to defcribe : they are not fo remarkable for their antiquity and original, 
 as for their nature and circumftances. 
 
 Never two nations, that had fo much affinity in circumftances, have had fuch 
 inveteracy and averfion to one another in their blood. 
 
 F They
 
 34 A GENERAL HISTORY OF 
 
 They have been both the inhabitants of the richeft, the beautifulleft, and 
 rnoft populous ifland in the world. And by frequent mutual invafions made 
 upon them, by the fame foreign nations, who have left their race behind them, 
 it is not at all an cxcurfion to fay, they are the fame in blood, of the fame 
 offspring, and became inhabitants die fame way. 
 
 If it be objefted, tliat the north and north-weft parts of Scotland, are Irifh, 
 and retain both the furnames, manners, and language of the Irifli, or tlie ancient 
 Scoti, from whence the whole kingdom had its name ; it is alfo anfwered, fo 
 has England in Wales, Cornwall, and Weftmoreland, the ancient Britons, wlio 
 retain their furnames, manners and languages, as diftindtly as the Highlanders in 
 the north, or the Irifli in the idands of Scotland, 
 
 But take the fouth part of Scotland, on this fide the Tay, the inhabitants, 
 though very ancient, muft be allowed to be the remains of the Roman colonies, 
 afterwards of the Danes, fome Saxons ; and among all thefe, the Pifbs, who we 
 fuppofe to have been the ancient inhabitants. 
 
 It is true, England is much more mixed in blood ; and the reafon of this is 
 plain, in that, being a nation powerful in wealth, fruitful in foil, and above all, 
 increafing in commerce, more nations have Ibught to fettle among them, num- 
 bers of people have flowed in upon them from all parts of the world, and 
 blending their blood with the moft ancient families, have deftroyed 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 fuffered, their ancient 
 families feem to have been preferved, and foreign nations have only feemed to 
 increafe their number. 
 
 However this be, there is nearnefs of blood enough, I m.ean as to originals, 
 to have occafioned fome propenfity to coalition and mutual neighbourhood be- 
 tween the nations ; and one would have thought, fome happy accident might 
 have fallen out, fome lucid interval, fome convenient crifis of circumftances, or 
 jun£ture of inclination, to have brought them together, made them faft friends, 
 and fo have joined their vidtorious arms, to the terror of their neighbours. 
 
 But the rancour has run in the blood; the hatred between the nations has 
 looked like a mere original, a fort of antipathy, hereditary from generation, born 
 widi the very nations, and has long threatened us with being too faft rooted 
 there, ever to be removed, but, like a malignant rank leprofy, by pulling up 
 the foundations. 
 
 Nor will all the hiftory which I fliall trace in tlie pu:5;fuit of this affair illuftrate 
 it more than the very ftory of the Union itfelf; the ftrange oppofition made to 
 die treaty, and to the Parliament in Scotland, againft all manner of reafoning, 
 againft nature, againft intcrcft; the avcrfion to it among thofe very people that 
 
 are
 
 UNIONS IN BRITAIN. J5 
 
 are now made happy by it ; with what convulfions this evil fpirit was caft out ; 
 what itruggles it made at j^artingj how the poor enflavcd people fought againft 
 their approaching freedom, infulted tiie patriots of their liberty, and with inex- 
 prefTible uneafinefs received die blefTing of univerfal peace. — Thefe things, I 
 fay, will be lalling teftimonies to that original averfion that was planted in the 
 minds of the people, notwithftanding the nearnefs of tlieir circumflances in 
 other cafes. 
 
 I fhall not go back to the wars here, between the Scots and Pi£ls and the 
 Britons, in the time of the Romans, and how afterwards, in the decline of their 
 empire, the Britons, fatally to them, called in the Saxons to fupport them 
 againft the fury of the Scots ; the famous Pidts wall, built in the time of tlie 
 Romans, the remains whereof are vifible to this day, are fad tokens of the an- 
 cient quarrels, wars and devaftations that were carried on between the two king- 
 doms, even beyond our accounts of time. 
 
 Nor does it appear to me, that there was in all thofe times any propenfity 
 between the nations to fuch a thing as peace, no not for many ages after thofe 
 times ; but if either fide found it convenient to treat, even thofe treaties were 
 carried on with a kind of a profefTed refolution of renewed war on the firft oc- 
 cafion ; and I think hiftory gives us no account of any firm refolved peace ever 
 made among them, but only lliort truces of peace for a term of years, very 
 often for one year, two or three j at the end of which, the war was fuppofed to 
 break out again of courfe. , 
 
 Nor were thefe 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 warlike nations, provoked to all poflible extremes, fliall meet, have 
 been to be found here. — Thefe unhappy wars have therefore been all devafta- 
 tion and blood, the invafions on either fide have always been fire and death, the 
 land laid wafte with burnings and plunder; and then the armies fighting with 
 fury and defperation : no nations that ever fought, fmce what we are told of in 
 the old Eaftern and Roman empires, have killed fo many in fight : and if I 
 fliould enter into proportions of land and people, I need not make exceptions 
 for them either; fixty thoufand, thirty thoufand, twenty and fifteen thoufand 
 flain of a fide, have been the frequent numbers, of which hiftory gives account 
 in the wars between thefe two miferable nations; and that not Icldom, but very 
 often, and fome very lately. 
 
 I forbear to enter into a farther defcription of the ancient feuds of thefe na- 
 tions, as what is but a melancholy retrofpefb, to any that have but common 
 companion for their country ; this may ferve to illuilrate the prefent fubjed, 
 and make the peace we now enjoy the more valuable to pofterity. 
 
 F 2 The
 
 36 A GENERAL HISTORY OF 
 
 The firft entrance I fhall make on the matter of coalition feems to begin 
 with Edward the Firft, King of England; and this, as it was on a wrong foot, fo 
 its continuance was accordingly. That viftorious monarch poffefTed the whole 
 ifland of Britain; for he pierced Scotland to the Orcades, and traverfed all the 
 mountains of Wales, fubdued all the petty princes of the Britons, and had 
 projefbed to call himfelf King of Britain. 
 
 But Providence had better things in ftore for this idand; his projedled em- 
 pire, founded on conqueft, ended ere it began ; all his viftories were unravelled 
 in his effeminate, luxuriant fon ; and he that had torn the crown from his neigh- 
 bours, had in his pofterity his own crown laid at the foot of juftice, and taken 
 from the head of a thoughtlefs young tyrant his fon, whofe life was made to pay 
 for the opprefllons of his own fubjefts. 
 
 It was in this King's reign the firft projedt of uniting the two kingdoms was 
 laid, and though it proved abortive in its moft early execution, yet it is very 
 ufeful to the prefent purpofe, and to the reader's information, to give the world 
 a fcheme of this defigned Union, and to let thofe gentlemen, who have oppofed 
 it now as a novelty, know, that it was the opinion of both the nations in all 
 ages, (for this was in 1286) that an Union would be for the general good of the 
 whole. See Englifh Buchan. Fol. 245. 
 
 It is true, we find one of the Kings of Scotland, viz. Robert Bruce, who was 
 really one of the greateft Kings Scotland ever had, among the inftruftions left 
 for the conduft of his fucceflbr, leaving this ftated rule, viz. Never to make a 
 perpetual amity with the Englifli. Buchan. lib. 8. fol. 86. 
 
 But the reafons given for it will not at all be brought in prejudice of an Union 
 or incorporation of the two nations ; for as to long recefles, which that prince 
 argued to prove, that the Scots by difufe would be rendered unfit for arms, and 
 fo be the more eafily worfted by the Englifh, who by foreign wars were always 
 kept adlive and vigorous, and by that means were likely to have advantages of 
 them ; that can be no argument, the nations now having no more occafion for 
 that emulation. 
 
 Nor does it feem to me but the fame principle of care for his native country, 
 which led King Robert to be fo thoughtful for time to come, could he have feen 
 what thefe ages have been brought to know, would, by the fame reafbning, have 
 led him vigoroufly to have purfued a conjunflion of the two kingdoms into one 
 incorporated body, if he had fcen the leafl profpeft of fuch an attempt being fea- 
 fible : and I believe tiiis, not from the nature of the thing only, and its cor- 
 refpondence with his general intereft, but from the obfei-vation, that in his fuc- 
 cefTors' times, when the firfl proper feafon feemed to ofTer, it was not thought of 
 only, but purfued with allpofTible diligence, as fliall appear in its proper place. 
 
 But
 
 UNIONS IN BRITAIN. 37 
 
 But to go back to the ftate of the wars in his reign, and a little before. 
 
 Whoever will give himfelf leave to read the hiftory of the wars at that time, 
 will wonder how Scotland was able to ftruggle with fuch terrible lofTes, and 
 may reckon up above 200,000 Scotfmen flain in fight, only againft King Ed- 
 ward the Firft, bcfides all the other havock which five feveral invafions of a 
 conquering enemy muft be attended with. 
 
 And yet with what vigour they fliook off the yoke, how they were to his death, 
 I mean King Edward the Firft, preparing new armies, and in the fpace of but 
 two years after it, ventured a battle with his fon Edward the Second, at the 
 head of 100,000 Engliflimen, at Bannockburn, and beat him out of the field, 
 with the greateft Qaughter that ever was made in Britain fince the fight be- 
 tweeen William the Conqueror and King Harold, there being, as fome hifto- 
 ries fay, 60,000 men flain on the Englifh fide. 
 
 Thus ended the Union of Conqueft between the nations ; Scotland recovered 
 her liberty, and England paid very dear for the experiment. 
 
 But this is not the reafon why I begin at this period ; but as the firft fenfe of 
 the blelTings of Union began to touch the people of this age, it cannot but be 
 acknowledged the great, and indeed the only point of time, to take the rife of 
 this voluminous ftory from. 
 
 Alexander the Third, King of Scotland, was one of the greateft inftances of 
 the viciffitudes and precarious condition of a royal ftate in the world ; in the 
 fpace of about three years, he had two wives and a flouriftiing offspring, was 
 left firft a widower, then childlefs, and at laft lifelefs, and the Crown of Scot- 
 land in a manner hopelefs. 
 
 Henry the Third, King of England, dying, King Alexanderand his Queen takes 
 a journey to England, in compliment to King Edward the Firft, "and to be pre- 
 fent at his coronation. I ftiall avoid difputing here any thing of the fo-much- 
 controverted article of homage ; let it be how it will, it is not to the prefent 
 purpofej to meitfeems not at all the bufinefs of that journey j if it had, there 
 had been no need of the Queen's going too ; nor do I read of any thing but a 
 vifit of compliment, or a journey of curiofity to fee the pomp and grandeur of 
 the Englifti court, which was then very great. 
 
 In this journey, fatal to the family, as well as to Scotland, the Queen fick- 
 ened, and foon after diedj fhe was followed in a few months by both her 
 fons, David and Alexander, the latter being but juft married to the daughter of 
 Baldwin, Earl of Flanders. 
 
 Nor was this all (difafters fclJom come alone) : Margaret, the King's only 
 daughter, married to the King of Norway, died the fame year, leaving one 
 daughter only, named alfo Margaret ; of whom prefently. 
 
 The
 
 ji? A GENERAL HISTORY OF 
 
 The King, furprifed at this general flaock of mortality upon his family, find- 
 ing himfelf childlefs, and unmarried, but being in his prime of age and ftrength, 
 refolves upon marriage, to reftore his family ; and accordingly he marries Joletta, 
 daughter of the Earl of Dreux, in Nonr.andy. 
 
 But Heaven had yet farther judgments for Scotland ; for before any children 
 were born of this marriage, the King himfelf fell from his horfe, and his king- 
 dom both at once, for he broke his neck in the fall, at or near Kinghorn, a little 
 town in Fife, on the north fide of the Firth, over againft Edinburgli. 
 
 The only heir to the crown was now Margaret, daughter of Hangonanus, King 
 of Norway, by Margaret aforefaid, the only daughter of Alexander the Third, 
 King of Scotland. 
 
 And here is the firft demonftration of what I fhall all along infill on in this 
 hiftory, viz. That never any rational profped of uniting thefe kingdoms ap- 
 peared in the world, but both the nations unanimoufly agreed, that Union was 
 for the mutual advantage of both, and that it never was oppofed by either na- 
 tion, as a nation, but only as private intereft, flrength of parties, court intrigues, 
 and the enemies of both the nations, have prevailed to prevent their happinefs. 
 
 Alexander died in the year 1285, without ifiue, — Vid. Buchan. De Rerum 
 Scoticarum, lib. 7. fol. 71. Edward the Firft, King of England, a powerful 
 and politic Prince, faw himfelf in a condition to manage Scotland by force, as 
 afterwards too fadly appeared; but a better profpe6t at that time being in view, 
 he falls immediately upon a fcheme, which, if Providence had permitted it to 
 have taken effeft, would have fecured the peace of thefe kingdoms from that 
 time, and prevented the terrible efTufion of blood, which happened that very 
 fame age, as well as for many ages fince, between both kingdoms. 
 
 And this projeft was UNION -, the King had one fon Edward, heir to the 
 crown of England, who afterwards proved the mod unfortunate Prince that 
 ever reigned in England. 
 
 The crown of Scotland had but one heir, viz. Margaret of Norway, grand- 
 child to Alexander the Third, by Margaret his daughter, married to the King 
 of Norway. It prefently occurs to the King and his council, that a marriage 
 between Edward his fon, and this young lady Margaret, then commonly called 
 The Maid of Norway, would necelTarily devolve both the crowns upon his 
 pofterity, and immediately cftablifh the peace of both Icingdoms. 
 
 Nor was the relation very remote, for Margaret was, as above faid, the 
 daughter of Margaret, only daughter of King Alexander, by King Edward's 
 own fitter; and therefore the difpcnfiitions from the Pope were then thought ne- 
 ccfiary to be obtained, as will appear prefently. 
 
 Upon the death of King Alexander, fays Buchanan, in tlie eighth book of 
 
 his
 
 UNIONS IN BRITAIN. 39 
 
 his hiftory, a Convention of the Eftates was held at Scone, to treat about creat- 
 ing a new King. Thefe are Buchanan's words ; " Alexandre cum tota ftirpe 
 " (prscter unam ex filia neptem) extincSto, conventusordinum Sconam indiciturj 
 " in quo de novo Rege creando ctftatu regni interim componendo agcretur." 
 Buch. lib, 8. fol. 72. 
 
 I confcfs, confidering the charadler and authority of Buchanan, I much won- 
 der how he could fay, they met -about creating a new King, when in the fame pa- 
 ragraph, he fays, " the whole lineage of Alexander, except one grandchild by his 
 " dauo-hter, being extinft:" Now if one grandchild was in being, the con- 
 vention of eftates could not be met to create a new King. 
 
 Nor does it appear that their bufinefs was td' create a new King, but to fettle 
 the government of the kingdom in fuch hands, as might fecure the public 
 peace, during the abfcnce of their young Queen, and till flie could arrive 
 from Norway: And that this was their bufinefs, is alfo evident from 
 Buchanan's own relation, in the {lime chapter quoted above, where he fays, 
 that when moft of the nobility were come to the faid Convention, in the firft 
 place, they appointed Vicegerents to govern matters, " eo cum frequens nobi- 
 " litas venifTet, primum omnium fex creant, qui fummse rerum prseeflent," 
 Buch. lib. 8. fol. 72. for the prefent, that is, till their Queen Ihould arrive. 
 
 To this aflembly Edward the Firft, King of England, fends his Ambafiadors 
 to treat with them, to defire their Queen, lays Buchanan, as a wife to his fon. 
 
 The hiftorical part of this affair is not fo fignificant to the prefent purpofe, as 
 the fubftance and intention, the opinion and notion the Nobility, Princes and 
 People of both nations had of the thing they were then doing, in which it 
 will appear, 
 
 1. That an Intire incorporation of countries, a coalition of interefts and 
 affedlion, as well as commerce and conftitution, was defigned, even at that 
 diftance of time, as the only means to fettle the peace and happinefs of 
 both nations. 
 
 2. That it was tlie beft jundture that ever had happened, or could happen, 
 for fuch a coalition, and nothing but the immediate hand of Providence, 
 who referved it for a more happy time, and for more happy inftruments to 
 finifti, could have prevented it. 
 
 And therefore Buchanan fays of it, — " hi cum in conventu publico multa 
 " de utilitate publica, quas hoc matrimonium eftet fecutura, dilTeruiflenr, 
 " Scotorum animos ab ea affinitate non alienos invenerunt. Erat enim Ed- 
 " wardus vir magni animi, magn^eque potentis: majoris etiam cupidus : ejuf- 
 " que virtus, patre vivo, in bello facro, 6c mortuo, in fubigenda vallia, 
 " enituerat. Neque Scotorum nomen unquam anglo conjunftius fuifle, 
 4 " memineranti
 
 40 A GENERAL HI ST OR Y OF 
 
 " meir.inerantj quam fub poftremis regibus, nee odia retufta, unquam com- 
 " modius aboleri pofle videbantur, quam fi iiterque populus honeftis & sequis 
 " conditionibus, in unum coiret." Buch. de Rer. Scot. lib. 8. fol. 72. Which 
 his homely tranflator has Englifhed thus : 
 
 " The Ambafladors in this feffion difcourfed much of the public utility like 
 «' to accrue to both kingdoms by this marriage, neither did they find the Scots 
 " averfe therefrom, for Edward was a man of great courage and power, yet he 
 " defired to increafe it; and his valour highly appeared in the holy war, in his 
 " father's lifetime, and after his death in his fubduingof Wales i neither were 
 " there ever more endearments pafled between the Scots and the Englifh than 
 " under the laft Kings ; yea the'ancient hatred feemed no way more likely to 
 " be aboliflied, than if both nations on juft and equal terms might be united 
 " into one." 
 
 Here is the very fubftance of the Queen's late letter to the Parliament of 
 Scotland, about the Union now made ; only here, the people unhappily feemed 
 blind to their own happinefs, and fo long ago they were able to fee it their 
 mutual interefl:. 
 
 The Ambafladors difcourfed with tlie Nobility, in the Convention, about the 
 public utility like to accrue to both kingdoms. 
 
 What is this but mutual flipulations, regulations, and in fhort, a treaty 
 between them how to make an Union between the nations, fuch as might be 
 for the public advantage of both kingdoms ? 
 
 And this was done with general endearments between the kingdoms, mutual 
 civilities pafled between the gentlemen concerned on both fides, for the good 
 of both 5 we read of no jealoufiesi no prejudices, no radicated antipathies, but 
 the public good convinced both fides, that nothing could contribute more to 
 the rooting out and abolifliing the ancient hatred, than to have both nations, on 
 juft and equal terms, united into one. 
 
 Nor is it remote to this purpofe to enter a little into the articles of this 
 Union; for though hiftory is very filcnt in this matter, yet, as I have promifed 
 ro fearch every thing in this hiftory to the bottom, I find among the records 
 in the Tower of London, an ancient inftrument or form of this Union or 
 confederacy, which in the Appendix to this work you will have printed at 
 large, and is numbered i. 
 
 And firftj to let the world be fatisfied, that, even in fo remote a time, things 
 of this nature were tranfadcd with the fame 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 aft, not an aft of a few, over-awed by the power of King Edward, 
 though feveralfteps taken in it will bt very necelfary to be noted, for I take this 
 
 to
 
 UNIONSINBRITAIN. 41 
 
 to be the mofl exaft pattern of the prefent treaty of any that has ever gone before 
 it; as it was a treaty ferioufly fet about by both nations, with a real defign for 
 the general utility, and with a defign on both fides to bring it to pafs ; which i$ 
 more than can be faid of all the treaties which have been fet on foot fince. 
 
 The firft ftep the King took, after his fending Ambafladors to treat with the 
 Convention, feems to me to be the obtaining a difpenfation from the Pope; the 
 Queen and the young Prince being nearly allied; and fuch was the fubjeftion of 
 the princes of the world to the Roman tyranny, that nothing could go on of this 
 nature, without the fanftion of the Church, where, by the way may be obferved ; 
 
 That the Pope, as in all ages popes have done, made his advantage of the oc- 
 cafion, and takes this opportunity to demand of the King an old arrear of an 
 annual penfion of 1000 merks, granted by King John to the holy fee, and which 
 King Edward had left five years unpaid. 
 
 The King, who knew well enough the influence ready money had in fuch cafes, 
 readily anfwers the Pope's demands, and ifiAied his writ for payment of the money. 
 
 The true copy of the original warrant to the Treafurcr is added in the Appen- 
 dix to this work, which being very fliort, I thought not improper to infert there, 
 as a thing the curious may be very well pleafed 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 difpenfation expedited ; for lie never paid any more that I read 
 of, nor his fucceffors either ; I mean on account of that old penfion or grant of 
 King John's. 
 
 His Holinefs was fo exceedingly obliged by this payment of 5000 merks, that 
 he immediately difpatched the difpenfation for the marriage of Prince Edward 
 with the heirefs of the crown of Scotland, though within the prohibited degrees 
 of confanguinity; which difpenfation is enrolled in the patent roll of 17 Ed. 
 Firft, and may be found in the Appendix to this work. No. 2. 
 
 The next ftep the King takes is, to fend Ambafladors and letters to the King 
 of Norway, giving his proxy to the Bifliop of Durham, one of the faid Ambaf- 
 fadors, to efpoufe the lady in the name of his fon Edward, wherein the difpen- 
 fation obtained from the Pope, is repeated : this letter and proxy is added in the 
 Appendix, No. 3. 
 
 At the fame time he fends letters to the keepers or guardians of the realm of 
 Scotland, and to the King of Norway, in anfwer to letters received from them, 
 containing all the articles and agreements on which it was that he propofed this 
 marriage, which were publiflied by the King, for the fatisfadlion of the fubjedls 
 of both nations; in which you will find all poflible care taken of the general 
 good, and fincere proteftations, that the end of this marriage was, as is exprefl*ed 
 
 G , in
 
 44 A GENERAL HISTORY OF 
 
 in one of the letters, ad honorem Dei ^ tranquilitatem totius communitatis ejufdem 
 regni. 
 
 Thefe teftimonials are too fignificant not to deferve a place in this Hiftory, 
 and therefore are placed in their order in the Colleftion , and numbered 4, 5, 6, 7 . 
 
 Nor was this all ; but I find a large charter or grant, made by the agreement of 
 fpecial Commiffioners on both fides, and ratified by tlie King himfelf, to the 
 kingdom of Scotland. 
 
 In fhort, it is a mere Treaty of Union between the kingdoms, though not much 
 collateral, but rather particularly to Scotland ; this has the great feal affixed to 
 it, and the King took an oath to obferve it, under the penalty of one hundred 
 thoufand pounds fterling (an immenfe fum in thofe days) to be paid to the church 
 of Rome, towards carrying on the wars in the holy land, and on the farther pe- 
 nalty of excommunication, and fubjeding his whole kingdom to an interdift; 
 things very terrible in thofe days. 
 
 This inftrument alfo is at large found among the records in the Tower of Lon- 
 don, and is re-printed in Prynne's CoUeftion, fol. 395, 396, 397. and added in 
 the Appendix or Colledtion to this work, No. 9. 
 
 Another inftrument is alfo recorded in old French, wherein the fecurity to 
 Scotland, for furrendering her forts and ftrengths to the Englifh on this marriage, 
 is fettled, and which you will find in the Colleflion alfo. No. 10. 
 
 Thus the afi'air of an Union was finifhed above four hundred and twenty years 
 ago J and thefe nations had flouriflied under its confequences no doubt ; — but 
 Heaven frowned on fo great a work, and the fins of both nations permitted not 
 that blefling to come in their day ; for the lady died in her voyage from Norway 
 to Scotland, having a rough paflage, and being not able to bear the fatigues of 
 the fea ; and thus all this fair fabrick came to nothing, but was dallied in a mo- 
 ment, to the inexpreffible lofs and regret of both the nations. 
 
 Buchanan fays, fhe died in Norway, before the Commiffioners arrived ; but our 
 Englilh hiftorians, and IVIr. Tyrrel in particular, whom in this I follow, lib. 9. 
 vol. 3. fol. 6. fays pofitively, fiie died in her voyage between Norway and 
 Scotland. 
 
 I cannot omit to remind the reader of thefe Iheets, what were the difmal 
 confequences of this difappointment to both thefe kingdoms ; and as it was no- 
 thing but the immediate hand of Providence that brought it to pals, fo it may, 
 •without any charge of enthufiafm, or over-ftraining the cafe, be allowed to be 
 one of the fevereft judgments that ever Heaven inflided on this ifland. 
 
 And I infift on this, not fo much as it relates to the prefent hiftory, but as it 
 may be needful for fuch people to refled upon, who have, at the fame time that 
 they pretended to be lovers of their country, yet vigoroudy oppofed the uniting 
 thefe nations in this laft treaty. The
 
 UNIONSINBRITAIN. 43 
 
 The breaking of the happy profpedl of Union between the two kingdoms was 
 attended with ftrange confufions, all which ferve to enhance the value of their 
 prefent united ftate j the hopes of a profpcrous peace were not greater on one 
 hand, than the profpeft of difmal confufions was horrid on the other ; and 
 though it be a digreflion, I fliall venture the trefpafs to give a fliort abridgment 
 of the hiftory of thofe times, as in the courfe of thefe fheets it fliall be needful 
 to form a due connexion ; and I promife myfelf, the diverfion will be as pleafant 
 as profitable, and that nobody will think it loft labour to read over, what in 
 thofe ages was tranfafted on the ftage of their native country. 
 
 With the death of this Princefs, all the thoughts of Union between the kins:- 
 doms died alfo, each party began to examine their feparate interefts, not con- 
 fultingwhat was fit to be done for the carrying on their national and general 
 advantages. 
 
 The bufinefs of Scotland was, how to fettle the crown, and who to declare 
 King, the Confervators or Keepers of the kingdom, appointed by the Convention 
 of the Eftates affembled at Scone, were, according to Buchanan, Duncan Mac- 
 duff Earl of Fife, John Cumin Earl of Buchan, William Frazer Archbifliop 
 of St. Andrews, Robert Bilhop of Glafgow, another John Cumin and one 
 John Steuart. 
 
 The principal pretenders to the crown were, John Baliol and Robert Bruce ; 
 their defcent, and the foundation of their claim, is at large to be found in 
 Buchanan's Hiftory, lib. 8. their titles were remote, and not only pretty equally 
 founded, but their intereft among the nobility was fo equal, and either way fo 
 powerful, that nothing but an immediate and bloody war was apprehended, as 
 the confequence of their pretenfions. 
 
 The King of England, difappointed in his hopes of bringing the kingdoms to a 
 iafting peace, by uniting them into one, as before, applied himfelf no more to 
 confult their general good. 
 
 But confidering them in their feparate capacity, as two nations that could not 
 long agree, made it his whole ftudy, either firft to fubjeft Scotland to England, 
 fo as that making her dependent on England, ftie fliould not be able to break 
 with him; or fo to divide the Scots among thenifelves, as that they fliould be 
 in no condition to hurt him. 
 
 Both his ends feemed eafy to anfwer in the occafion that now offered itfclf ; for 
 the Scots nobility being, as 1 have noted, fo equally divided in the- interefts of 
 Baliol and Bruce, that they knew not what courfe to take, they refolved, in or- 
 der to avoid the confufions of a war, and confequently the ruin of their coun- 
 try, to refer it to the arbitrement of the King of England, 
 
 This was a full teftimony of the harmony and good underftanding which was 
 
 G 2 then
 
 44 
 
 A GENERAL HISTORY OF 
 
 then between the nations ; and what a happy junfture it had been for an Union, 
 if Heaven had thought fit to blefs the defign with fuccefs, any body may ob- 
 ferve ; for the King of England was looked upon as fuch a difinterefted friend 
 to Scotland, and one that would willingly concern himfelf for their good, that 
 they leave tlie determination of the weightieft thing in the world, to their na- 
 tion, wholly to his fentence. 
 
 But 1 cannot fay the King adled with equal candour to the Scots, if what the 
 hiftories of thofc times fay may be depended upon ; for being a politic Prince, 
 and having a long view of the effefts of things before him, he refolved to keep 
 his eye upon the two particulars noted above, in his determining this affair, and 
 rather to regard his own interefl: than the good of Scotland, or than the juftice 
 of the claim: he refolved to found the inclinations of the two candidates for 
 the crown, and fo to give the kingdom to him that would conform himfelf moft 
 to his meafures. 
 
 Upon this, he treats firft with the nobility, and appoints a meeting at Ber- 
 wick ; then he exafts an oath of the competitors, to ftand intirely to, and be de- 
 termined by his award ; then he orders a feleft number out of the nobility of 
 each nation, as a council in this cafe, twelve of a fide (Mr. Tyrrel fays, forty of 
 a fide) ; and exadls an oath of them, to advife, judge, and determine rightly and 
 truly according to their confciences. 
 
 Thefe were the politic appearances of his management, the better to cover 
 his true defign ; for all this while he caufes the two competitors to be founded 
 underhand, to find out which was moft likely to comply with his demands. 
 
 At laft the public debates beginning to draw near a period, it was eafy to fee 
 that Baliol's title was like to be approved by the twenty-four, as the beft claim, 
 and that Bruce would lofe it ; this the King thought was the jundure to put it 
 home in, and therefore caufes it to be propofed to Bruce, that though it was 
 plain he would lofe the crown, yet if he would fubjedl himfelf and the crown to 
 the authority of the King of England, he fhould be immediately declared. 
 
 All men muft allow it was politicly managed ; but all the craft of Hell is loft 
 upon an honeft man : Bruce, like a man of honour, rejects the propofal with 
 contempt, and told them that propofed it, That he fcorned to enjoy the crown 
 at the price of his country's bondage. 
 
 Baliol, whofe principle was worfe, though his title was better, accepts the 
 bafe conditions, and obtains the crown, fwears fealty to the King of England, 
 and makes all the nobility that were in his intereft do the fame. 
 
 All our hiftorians 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 particularly Buchanan, being very pofitive, 
 
 lib.
 
 UNIONSINBRITAIN. 45 
 
 lib. 8. fol. 24. I put it down as faftj giving my author's authority for it, and 
 leave the reader to believe as much as he thinks fit of the fadt, the fubjedt I 
 am upon not depending upon it at all. 
 
 But he that bafely yields to a dilhoneft yoke, in order to gratify his ambition, 
 is much more likely to break the conditions he makes, than he that adheres to 
 honourable articles, and infills onwhat juftice gives him a claim to, and thus it 
 was here; for on the firft affront offered to Baliol by the Englifh, in confequence 
 of his fubjedion, he threw off the yoke, and renounced that fubjeftion. The 
 cafe in fliort was as follows : 
 
 Macduff Earl of Fife, being injured, as he conceives, in a fuit depending be- 
 tween him and the Abernethians, for the murder of his elder brother, the King 
 having determined in favour of the murderers, appeals to the King of England 
 againfl Baliol. When the caufe came to be heard, John Baliol was then at the 
 Englifla court, and being prefent when he was called to anfwer, offers to plead 
 by a proxy, or as we fay, to be heard by his counfel ;but was refufed, and obliged 
 to come down, and ftand at the bar like a criminal, and plead for himfelf. 
 
 This broke off all his fubjedion, fills him with indignation ; and from this 
 time he ftudies nothing but revenge. An opportunity foon offered to his mind; 
 for a war breaking out between the Englifh and the French, and both foliciting 
 Scotland for aid, the Eflates of Scotland determine, though in an ill hour for 
 Scotland, to afTifl the French, 
 
 Thus all the good temper of both nations one towards another vanifhed at 
 once, and the mofl bloody wars that ever this ifland felt, happened between them. 
 
 Baliol, by a folemn embaffy, renounces his fubmiffion to England, as ex- 
 torted by unjuft methods, and his friendfhip alfo ; — and Edward, in return, 
 furioufly invades Scotland both by fea and land. 
 
 'Tis not at all my defign, nor to my purpofe, to enter here into the hiflory of 
 thefe wars, or the battles, ravages, fire and blood, which the two nations felt 
 during the whole reign of the three Edwards of England, with but fmall inter- 
 miffions ; the particulars whereof would of themfelves make a large volume. — 
 The true reafon of my mentioning thefe things, will appear in my further pro- 
 fecuting this flory : The fhort ufe of it is this, that thefe two unhappy nations 
 were always in extremes with one another ; nothing but the clofefl Union, or the 
 moft deftrudtive war, can be the ftate they mufl live in together ; and this I 
 fhall but too often make evident in thefe fheets. 
 
 From this breach, the war between the nations came to a flrange height, Ed- 
 ward proved vidlorious over the Scots, and the confequences of that are eafy to 
 guefs, Baliol was crufhed, his armies overthrown, and the country pierced even 
 to the extremeft part by the Englifh. 
 
 Edward
 
 46 AGENERALHISTORYOF 
 
 Edv^ard calls Bruce to his fide ; — Baliol is taken prifoner and furrenders the 
 kingdonn ; — then the famous Wallace gets up, and carries on the war on the 
 fubjed of mere national liberty, — overthrows the Englifh in feveral encounters, 
 and is made Regent : But is again overthrown by Edward and Bruce at the great 
 battle of Falkirk; and Scotland then intirely fubmits to Edward, whofe tyran- 
 nical government makes the very Scots, who had taken part with him againft 
 Baliol, confpire together to recover their liberty ; and one Cuming leaguing with 
 Robert Bruce, fon to that Bruce who was to have been King ; thefe, though 
 enemies before, join together to free their country. But Cuming defigning to 
 betray Bruce, is killed by him with his own hands in the very church at Dumfries. 
 
 How Bruce after this recovered the kingdom from that fubjedlion to the 
 Englifh ; how he was often overthrown by Edward, and feveral times reduced 
 to hide himfelf in the mountains, and moft fecret places of the kingdom, and 
 fometimes fo long, that he was fuppofed to be dead ; — how yet atlaft by innu- 
 merable attempts, unwearied pains, and invincible courage, he retrieved his 
 fortune, drove the Englifh out of his country, overthrew them with a terrible 
 flaughter at Bannockburn near Stirling, and after a reign of twenty- four yearsj 
 full of continual war, againft the moft powerful princes England had in thefe 
 ages of the world, he died in peace, his country being recovered out of their 
 hands; — thefe things would be too long a ftorv here to relate. 
 
 In this war, by the beft calculations I can make, of armies raifed, and bat- 
 tles fought, no lefs than fix hundred thoufand people of both nations perifhed, 
 and all for want of that happy Union, fo near perfefted, and fo difaftroufly loft. 
 A good looking-glafs for thofe gentlemen (who have openly wifhed thefe na- 
 tions might make a breach either on one fide or another) to look into, and for 
 them to fee, if their defigns had fuccecded, what their pofterity might have had 
 caufe to thank them for. 
 
 If it be objedlcd, that it does not follow, that on a breach of this laft treaty 
 of Union, a war muft necelTarily have happened, I fliall take the liberty to enter 
 upon that head by itfelf, and believe thefe fheets will prove, that a war muft have 
 been the inevitable confequence of breaking up this laft treaty ; efpecially if bro- 
 ken up according to the projeft of thofe people that appeared to oppofe it, who, 
 we all know, afted on principles, both as to trade, civil government, and fuc- 
 celTion, incompatible with the intereft of both the prefent eftablifhments, and 
 as much as can be faid perfedly impradlicable, as the kingdoms were thus con- 
 ftituted : but of this more hereafter. 
 
 From this time, we meet with no overtures of fettled tranquillity between the 
 kingdoms, till the days of Henry Seventh of England, whofe daughter Mar- 
 garet was married to James the Fourth, King of Scotland j — and though this 
 
 marriage
 
 UNIONSINBRITAIN. 47 
 
 marriage was the mother of Union (as I may term it), and laid the foundation of 
 almoft all the projects that have happened fince, and from whence at laft the 
 crown of England devolved upon the royal line of Scotland, yet in his time there 
 were no immediate fteps taken towards it. The utmoft efFeft of this marriacre 
 was an immediate peace between the nations, which, however, did not laft long 
 for King James falling in with the French intereft, fell out with his father-in- 
 law. King Henry the Seventh, and after with his brother. King Henry the Eighth, 
 and loft his life in that war. 
 
 The firft attempt fubfequent to this, was a propofal of Henry the Eighth, 
 who, after this great quarrel was ended, though he was viftor, offered to match 
 his daughter Mary (Prince Edward, afterwards King Edward the Sixth, being 
 then not born) to James the Fifth King of Scotland, and to fecure the poflefllon 
 of the crown after himfelf to them jointly j and the defign of this match, it was 
 evident, could be nothing elfe, but a firm, lafting, and eftabliftied peace be- 
 tween the two nations ; for having himfelf no fons, and expedling none, (for the 
 bufinefs of the divorce of his wife Queen Katherine was not then come into his 
 head) he forefaw this was the only ftep to unite the nations, and put an end to 
 thefe bloody contentions, that for fo many ages had been between themj for that 
 the heirs of that match would by confequcnce be poflefled of both, and fo the 
 whole ifland would become one happy and moft powerful people, united in in- 
 tereft, in government, and in every thing that would make them great. 
 
 This propofal was fo rational, and fo vifibly tending to the general advantao-e 
 of both kingdoms, that it could not be fuppofed to meet with any oppofition 
 from fuch as were in the leaft concerned for the good of their native country 
 on either hand. 
 
 On the Englifh fide it met with an immediate good reception, for King Henry 
 the Eighth, contrary to the general condu£t of that Prince, whofe temper was 
 (generally fpeaking) bloody, fierce, haughty, and too apt to infult fuch as fell 
 into his hands ; yet here, changing his temper, he caufed the Scots prifoners, 
 taken at the late battle, to be very well treated, and committed to the feveral 
 keepings of the Englifli nobility, who ufed them honourably, and according to 
 their quality. 
 
 I know it is faid, that the King, who had this projeft firft in his head, diftri- 
 buted the Scots noblemen in the houfes of the Englifti Lords, that thefe might, 
 according to his private inftruftions, deal with them apart, and ftrive, by pro- 
 mifes, and fuch like arguments, to bring them to hearken to fuch a propofal, 
 and to begin the treaty ; and that the faid Scots noblemen were, by this artifice, 
 prompted and brought to make the firft offer of this marriage, as from Scotland. 
 
 But let this be as it will, let the honour of the propofal lie where it will, it is 
 
 manifeft,
 
 48. ^ A GENERAL HISTORY OF 
 
 manifcft, both parties were well pleafed with it, and looked upon it as the beft 
 method to bring both nations to a ftate of profperous and durable peace. But 
 Satan hindered. 
 
 It was evident that both kingdoms had a fixed inclination, at that time, for 
 the Union : Henry fhewed his good will in chat he offered to heap up unufual 
 honours upon the King of Scotland, upon the firft proje£t of the match, as upon 
 his undoubted fucceflbr to the crown ; fuch is making him a Peer of Britain, by 
 the royal title of Duke of York, a title vefted in the crown, and fince the father 
 of Edward the Fourth, reckoned the next flep to the throne ; But this was not 
 all, he offered to declare him Lord Lieutenant, or Deputy Governor of England, 
 immediately upon the match; this was to put the government, as it were, in his 
 afbual poffefTion, and make him King by the confequence of the thing. There 
 is no doubt, but, had this match fuccceded, there would have been mutual fti- 
 pulations of a complete coalition entered into by the refpeftive Parliaments of 
 both kingdoms. 
 
 But French and popifh counfels prevented this happy conjunftion, as they have 
 feveral others fince, and would have done the laft; for the clergy of Scotland 
 findino- Henry the Eighth of England had crufhed the power of the clergy in 
 England, and was fuppreffing the abbeys and monafteries, curbing the extended 
 authority of the Pope, and, as they apprehended, deftroying their church, they 
 fet themfelves by all pofiible artifice to prevent this propofal taking effect ; 
 and getting the French. King to join his intereft with theirs, they wrought the 
 King of Scotland to fuch a diflike of the match, that he rejefted King Henry's 
 propofal with fome indecencies, and refufed him an interview at York, though he 
 had o-iven his word to meet him there. This King Henry fo refented, that a 
 war immediately followed (as upon a defeat of an Union has generally happened), 
 in which war, the Scots nobility were fo fenfible of the wrong meafures of their 
 Prince, and the advantages to their country, which he had rafhly rejefted, that 
 they followed him very unwillingly, and at laft wholly abandoned him at Solan- 
 Mofs, declaring, they thought it was not their duty to ruin their country, 
 to gratify the paffion of their deluded Monarch, and the blinded fury 
 of the clergy : This coft king James his life, who died of grief, as Buchanan 
 relates, Rerum Scoticarum, lib. 7. fol. 76. 
 
 It is true, had this match gone forward, it had not had the defired effeft, at 
 leaft not immediately, becaufe King Henry the Eighth afterwards had a fon born, 
 who fucceeded to the crown, viz. Edward the Sixth ; but this is not to the prefent 
 cafe, the defign was the fame, nor did it die with the rcfpeftive Kings. Nay, 
 after the birth of the young Prince, King Henry VIII. made a fecond propofal 
 of an Union, viz. Of a match between his fon Edward, and the daughter of 
 A the
 
 UNIONS IN BRITAIN, 49 
 
 the late King of Scots ; and this went fo far, as to be approved in the Parliament 
 of Scotland, as may be feen in the regifters of that time ; but this was again 
 interrupted, as the former had been, by the death of King Henry the Eighth, 
 who left the crown to his fon Edward the Sixth. 
 
 In this reign the projeft of uniting the kingdoms revived immediately ; for 
 the Englifli council faw clearly the advantages accruing to both nations by an 
 Union, and could not flip that happy jundture: 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 Governors of the young King, revive the treaty, and propofe a match between 
 the King of England and the Queen of Scotland; and built it upon the late 
 agreement made between King Henry and the Parliament of Scotland. 
 
 But the French and Popifli party, who, as I have noted already, oppofed 
 uniting the kingdoms before, on the pretence of the danger of the Roman 
 church, had now much more reafon to do fo ; fince King Edward had declared 
 himfelf, as they efteemed it, an heretick, and difowned the Pope, and had 
 erefted a Proteftant church on the ruin of the Romifli ; and on thefe arguments 
 they rejefted the propofal, and broke their former agreement. 
 
 And here happened, what I have all along obferved to be the confcquence of 
 breaking up a treaty between the two nations, viz. a bloody war, like as cer- 
 tainly mufl have happened again, had not this lafl happy treaty intervened, of 
 which I am to difcourfe in thefe fiieets. 
 
 It is not my bufincfs to enter upon the particulars of the war on this occafion ; 
 but two things it will be neceflTary to obferve, ift. That this war iflTued in the 
 defeat of the Scots Popifh army at the battle of Pinkie ; after wliich it was ex- 
 pefted the young Queen fliould have been delivered to the Englifli, and married 
 to their King ; and truly, if the frank and generous offer of the conquerors 
 had been in the leafl; regarded, it had been fo, who after the viftory made no. 
 fpoil or havock in Scotland, but, as friends, made a fair demand of their (the 
 Scots) Queen to be married to their (the Englifli) King, that fo the nations, 
 being united, might for ever remain one ; and this is to be feen in 
 that famous declaration of the Duke of Somerfet, the Englifli General, which, 
 as it is in a fl:yle peculiar, and not ufual in the world among conquerors, I could 
 not omit, and is in the Appendix, No. 11. . 
 
 ift. It was in vain to talk reafon to a people refolved ; the Popifli party, 
 who faw evidently the ruin of their church ; and the French, who faw the 
 defl:ru61:ion of their ancient league wrapt up in the projeded Union of the 
 kingdoms, frufl:rated all the defign, by conveying the young Princels into 
 France; and fo this fcheme came alfo to nothing. - 
 
 This had ftveral bad effefts, which Scotland afterwards regretted ; firfl:, 
 
 H . that
 
 50 A GENERAL HISTORY OF 
 
 that it delayed the reformation in Scotland for near near thirty years after 
 that in England, and made it both difficult, bloody, tedious, and for a long 
 time imperfeifl ; of which I have treated elfewhere. Secondly, it brought her 
 under a French yoke, and for a long time fhe groaned under the tyranny of 
 French influence, 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 kino-doms bee;an to Wear 
 out, as a thing, that, though both nations had inclination enough to engage in, 
 yet there was no junifture to make it feafible, till the death of Queen Elizabeth, 
 who dying without ifllie, the Englifli crown devolved upon the Scots line ; 
 and this produced a Icind of Union, I mean an Union of the crowns, but not 
 an Union of the kingdoms j of the imperfeftion, deficiency and inconveniency 
 of which to both kingdoms, I fhall make fome brief obfervations, as they have 
 been the motives to the frequent attempts for a more near conjunftion in the 
 fucceeding times. 
 
 The inconveniences to Scotland in this partial Union were, firft, their 
 removing their court to England, their King, according to the prophetic faying 
 of Henry the Seventh, removing his feat of government from the lefs to the 
 greater : This was naturally attended with the decay of trade in Scotland, 
 by removing the concourfe of ftrangers from Scotland, whofe confumption of 
 provifions and manufaftures, which are the foundation of commerce, was a 
 great lofs to trade; — with the exporting their ready money out of the 
 kingdom, by the conftant attendance of their gentry dnd nobility at the Englifh 
 court, where they fpent their eftates, and fucked out the blood of their country, 
 to fupport their luxury and magnificence ; — with- the continued emptying 
 their nation of their people, who all flocked to England, either for public or 
 private employment, and depopulated, as well as impoveriflied, their native 
 country; — but above all, the bringing Scotland under Englifli influence, both 
 as to civil and religious government, was a manifefl; token of the deficiency of 
 this partial Union; for Scotland was after this, in a political though not 
 In a legal fenfe, always under the management of the Englifli court ; it had 
 the fubjedtion without the advantages; her feamen were prefl^ed into the 
 Englifli fervice as fubjedts, yet, at the fame time, excluded the merchants 
 fervice as foreigners ; an Englifli fliip failed with above one third Scotfmen 
 would be feized, as not being failed by Engliflimen ; and the colonies of England 
 were at laft: all barred from them, as much as from the French or Dutch. 
 It would be too long a digreflfion, to recite here the various inconveniences 
 Scoirland laboured under, from the deficiency of this partial, or merely regal 
 Union, and which made all the well-wifliers to Scotland dcfirc, either 
 that there were a more intire Union, or that there were no Union at all. 
 
 Nor
 
 UNIONS IN BRITAIN. 51 
 
 Nor was this unforefeen by either nation ; and tlicrcfore, no fooner was King 
 James the Sixth of Scotland come to the crown of Enghmd, but he began (before 
 he had learned quite to forget his own country) to projedl a more near Union 
 of the nations, as the only way to. make them both completely happy ; this was 
 in the year 1604, when, after feveral projedls of uniting by his own abfolute 
 authority, a thing then newly taken up in the world, finding all other methods 
 fail, he propofed it to the Parliament of England, that, to ufe his own words, 
 as they were made one in tlie head, they might be infeparably conjoined, and all 
 memory of paft divifions be extinguiflicd ; at the fame time he propofed it in 
 Scotland j and both nations were fo fenfible of the mutual advantages of Union, 
 that they readily agreed to it, and CommifTioners were appointed on both fides to 
 treat. The names of the Commiffioners were as follows : 
 
 For Scotland : — John Earl of Montrofe, Lord Chancellor of Scotland; Francis 
 Earl of Errol, High Conflable of Scotland; George Earl Marfhal, Great 
 Marfliall of Scotland; James Earl of Glencalrn, Alexander Earl of Linlithgow ; 
 John Archbiiliop of Glafgow, David Bifliop of Rofs, George Biflriop of Caith- 
 nefs, Walter Prior of Blantire; Patrick Lord Glames, Alexander Ldrd Elphin- 
 ftone, Alexander Lord Fyvie, Prefident of the Council of Scotland ; Robert 
 Lord Roxburgh, James Lord Abercorne, James I^ord Balmirinoch, principal 
 Secretary of Scotland ; David Lord Scoone; Sir James Scrymgeour of Dudop 
 Knt. Sir John Cockburneof Ormeftoun, Knt. Sir John Home of Coldonknows, 
 Knt. Sir David Carnagie of Kinard, Knt. Sir Robert Melvill, elder, of Murdo- 
 carnie, Knt. Sir Thomas Hamilton of Binnie, Knt. Sir John Leirmonth of 
 Balcomie, Knt. Sir Alexander Straton of Lawrefton, Kt. Sir John Skene 
 of Currihill, Knt. John Sharp of Houfton, Lawyer; Mr. Thomas Craig, 
 Lawyer; Henry Neifbit, George Br vice, Alexander Rutherford, Mr. Alexander 
 Wedderburn, Merchants. 
 
 For England : — Thprrias Lord EUefmere, Lord Chancellor of England ; 
 Thomas Earl of Dorfet, Lord Treafurer of England; Charles Earl of Notting- 
 ham, Lord High Admiral of England ; Henry Earl of Southampton, William 
 Earl of Pembroke, Henry Earl of Northampton, Richard Bifliop of London, 
 Toby Bifhop of Durefme, Anthony Bifliop of St. Davids ; Robert Lord 
 Cecil, principal Secretary to His Majefty ; Edward Lord Zouch, Lord 
 Prefident of Wales ; William Lord Monteagle, Ralph Lord Eure, Edmund 
 Lord Sheffield, Lord Prefident of the Council in the North ; Lords 
 of the Higher Houfe of this prefent Parliament. And Thomas Lord Clin- 
 ton, Robert Lord Buckhurft, Sir Francis Haflings, Knt. Sir John Stanhop€> 
 Knt. 'Vice-Chamberlain to the King's Majefty; Sir John Herbert, Knr. 
 fecond Secretary to his Majefty j Sir George Carew Knt. Vice-Chamberlain to 
 the Queen's Majefty; Sir Thomas Strickland, Knt. Sir Edward Stafford, Knt. Sir 
 Henry Nevilof Berkfhire, Knt. Sir Richard Bulkley, Knt. Sir Henry Billingfley, 
 
 H 2 Knc
 
 52 A GENERAL HISTORY OF 
 
 Knt. Sir Daniel Dun, Knt. Dean of die Arches ; Sir Edward Hobby, Knt. Sir John 
 Savile, Knt. Sir Robert Wroth, Knt. Sir Thomas Chaloner, Knt. Sir Robert 
 Maunfel, Knt. Sir Thomas Ridgeway, Knt. Sir Thomas Holcrofr, Knt. Sir 
 Thomas Hefketh Knt. His Majefty's Attorney of the Court of Wards and 
 Liveries, Sir Francis Bacon, Knt. Sir Lawrence Tanfield, Knt. Serjeant at Lawj 
 Sir Henry Hubberd, Knt. Serjeant at Law ; Sir John Bennct, Knt. Dodtor of 
 the Laws J SirFIenry Withrington, Sir Ralf Gray, and Sir Thomas Lake, Knts. 
 Robert Aflcewith, Thomas James, and Henry Chapman, Merchants. 
 
 We do not find among our authors any particular of the debates of thefe 
 Commiffioners, Spotfwood in his hiftory, 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 manufcript of Sir George IVIackenzie's, 
 being a little like a journal of their proceedings, I could not but think it very 
 much to the purpofe, to infert it in the Appendix to this work, where may be 
 feen the true ground-plot of the prefent Union, and the intereft of both king- 
 dom.s, clearly ftated, as it ftood then j and, faving in matters of religion, re- 
 mains ftill : See Appendix, No. 12. 
 
 Thefe articles, thus mutually agreed on, were engroffed and figned by the 
 Commiffioners on both fides, and prefenred to the King the 6th of December, 
 1604; — but it was obferved, that the Earl of Salifbury, at the prefenting th? 
 draught to the King, exprefled it to be the meaning of the Commiffioners, that 
 thefe articles were but an imperfeft agreement, and that they were willing to finifii 
 and go through the fame whenever he pleafed. 
 
 However, the King offered it to the Parliament of England, and as Spotf- 
 wood fays, recommended it earneftly to them : but the more fecret hiftory of 
 that affair, was, that the King himfelf falling in at that time with the Englifh 
 clergy, and oppofing the profperity of his own country, upon the fcore of re- 
 ligion and abfolute will, found ways and means to puzzle this caufe in Parlia- 
 ment; and firft, the difficulty of xhtpojl-nati, a thing, which, had the EngliHi 
 at that time propofed a hearty Union, would never have ftuck with them, occa- 
 fioned a long ftruggle, and at laft the Parliament referred it to the common law. 
 While this was doing, the national averfion, particularly in England, feemed 
 to revive ; and the public appearances in England of a fpirit of divifion were 
 fuch, as one obferves, that very well difcovered the King was become an Eng- 
 lifhmanj otherwife he would never have borne with thofe inveflives and railings 
 at Scotland, which Sir Thomas Craig, in his book De Umove Regnorum, fays 
 were then publicly ufed in the pulpits and in printed books, while their King 
 was a Scotfman. 
 
 Nor was this all, but the King, inftead of forwarding the Union of tlie two 
 
 king-
 
 U N I O N S I N B R I T A I N. S3 
 
 kingdoms, or promoting the particular advantage of Scotland, fell in with the arbi- 
 trary projefts of that time, to make himfelf abfolute in Scotland, — as he was alfo 
 doing in England. This would lead me into a vail: ocean of national confu- 
 fions, which received their rife and conception in the tyrannical temper of this 
 Prince, in which he laid the foundation of the ruin of his pofterity, which, as re- 
 mote to my prefent bufinefs, I purpof-'ly omit. 
 
 As to Union, nothing further was done till the year 1660 ; — and till that timc> 
 which was about fifty-fix years, the fubjedls of Scotland enjoyed a freedom of 
 commerce, in common with the Englifh, to all the Englifli colonies ; but then 
 fome aOiS in England paffing in prejudice of that freedom of commerce, the 
 Scots renewed their complaints, and a commiffion, fays Sir George Mackenzie, 
 was sranted in the third fcfilon of the firft Parliament of Charles the Second in 
 Scotland, and by an adt at the fame time in England, nominating CommifTioners 
 to adjuft thefe differences ; this was in 1666. 
 
 Thefe CommifTioners met on the twenty-firft of January, 1667, and the Scots 
 Commiffioners gave in a propofal to the Englilh, for fettling the differences 
 about trade, which paper I have alfo given you from an original manufcript of 
 the faid Sir George Mackenzie, and v/hich you will find in the Appendix^ No. 13. 
 
 The debates which followed this paper, fays Sir George, ferved only to fhew 
 the King the neceffity of commencing a further treaty, viz. Of an Union ; and 
 how ineffeftual all other treaties would be to bring about the public peace of the 
 two nations. 
 
 To this end, a Parliament being called in Scotland the 19th of October, 166-7, 
 and the Englifh Parliament meeting the fame day, he caufed the great affair of 
 an Union to be propofed to both at the fame time ; the Parliament of Scotland, 
 by their letter to the King, expreffed their readinefs to concur with the propofal ; 
 and that they would grant commiffion to fuch as his Majefty Ihould nominate 
 for that purpofe, to treat as their reprefentatives ; and left it to the King to 
 name the time, place, and quorum of their micetings. This being the fub- 
 ftance of the letter, I have omitted the letter itfelf, which is to be feen in the 
 regifters in Edinburgh. 
 
 The Parliament of England, by what affairs obfbrufted 1 fhall not determine, 
 did nothing in it that feffion ; but re-affumed it in 1670, and impowered the 
 King, by an Aft 22 Carol. II. almoft in the terms the Scots had done before. 
 
 The Parliament of Scotland, purfuant to this, granted a Commiffion for a 
 Treaty, which was almoft verbatim the fame with that granted in England ,- that 
 no debates might arife between the Commiffioners of both kingdoms, about 
 the difference of their Commiffions, as had fallen out in the year 1604. 
 
 And becaufe I Ihall endeavour to relate matter of faft, abftrafted from my 
 
 own
 
 54 A GENERAL HISTORY OF 
 
 own obfervations, in this hiftory, I have, with fome difficulty, obtained an original 
 manufcript of the nainutes of this fliort Treaty, which are as follows : 
 
 A TRANSCRIPT OF THE TREATY IN 1670. 
 
 Wednejday the i^-th 0/ September, 1670. 
 
 " In the two and twentieth year of the reign of our Sovereign Lord Charles 
 " the Second, by the grace of God, of England, Scotland, France and Ireland, 
 '' King, Defender of the Faith, dec. An adb pafled the Parliament of England, 
 " intituled, An aft authorizing certain CommifTioners of the realm of England, 
 " to treat with the Commiffioners of Scotland, for the well-being of both king- 
 " doms : and in the fame year an aft palTcd in the Parliament of Scotland to die 
 " fame effeft. 
 
 " In purfuance of which afts, and His Majefty's Commifiions under the Great 
 " Seals of England and Scotland, the CommilTioners in the faid Commifiions 
 *' named, are all this day in the Exchequer Chamber at Weflminfter, where His 
 " Majefty's Commiflion under the Great Seal of England was read publicly by 
 " the Clerk attending the CommilTioners for England; and alfo His Maiefty's 
 " Cbmmiflfion under the Great Seal of Scotland, by the Clerk attending the Com- 
 " miflioners for Scotland; which being done, the LordKeeper of the Great Seal 
 *' of England did let their Lordlhips know, that His Majefty had appointed 
 " Somerfet Houfe for their future fitting in this affair, and, by confent of their 
 " Lordfliips, adjourned their next meeting to be at Somerfet-Houfe, on Saturday 
 " next, at nine o'clock in the forenoon." 
 
 AT SOMERSET-HOUSE. 
 
 Saturday the ijth day of Sept em If er, 1670. 
 " This day the Commiffioners of both kingdoms being met, the Lord Keeper 
 " of the Great Seal of England delivered to the Earl of Lauderdale, Lord High 
 " CommifTioner for Scotland, a copy in parchmentof His Majefty's Commiflion 
 " under the Great Seal of England, atteftcd by the Clerk attending the Englifli 
 " Commiflioners ; and received from his Lordfliip the like copy of the Com- 
 " mifllon under the Great Seal of Scotland; then their Lordfliips received a mef- 
 " fage from His Majefty in writing, and heads therein propoled to be treated of; 
 " which being read, the Commillioners of both kingdoms agreed, to confidcr, 
 " againft their next meeting, in what method to proceed upon His Majefty's 
 " mefiage, and alfo in what manner their Lordfliips lliall dejiver their opinions 
 " at their general meetings ; upon which the next general meeting of the Com- 
 " miflioners was adjourned to Thurfday the 22d of September inftant, at nine 
 " o'clock in the forenoon. After this adjournment, the Commiflloners for Eng- 
 " land withdrew into their own chamber, among themfelves, to confider of the 
 " method of their proceedings in this treaty. 
 
 4 " Where
 
 UNIONSINBRITAIN. 55 
 
 " Where, firft, the Lord Keeper of the Great Seal, and the Lord Arlingtoun, 
 <« acquainted the reft of the Comnainioners then prefent, that His Majefty had ap- 
 " pointed Mr. John Walker to attend their Lordlhips as their Clerk, wliich their 
 " Lordfliips approved of, and ordered that he Hiould fubfcribe their orders and 
 " papers : — < By order of the CommiJJioners for the kingdom of England : 
 
 ' John fValker, Clerk/ 
 
 " Then, upon debate, it was refolved, That nothing which fhall be in debate, 
 " or affented, fhall be taken as the opinion orrefolution of the Commiflioners of 
 " either kingdom, or drawn into confequcnce, or any way nnade ufe of, unlefs 
 " the whole be mutually agreed to : Alfo, that their Lordfliips would not treat by 
 " papers (as in the treaty of 1667); but that the joint refolutions of the Com- 
 " miflioners, at their general meetings only, be reduced into writing, and entered 
 " by both their Clerks. Next, it was refolved. That thefe two propofitions . be 
 " ofFered to the CommifTioners for Scotland, at their Lordlhips next general 
 " meeting, as preliminaries to be jointly agreed and refolved on. 
 
 " Then were read the feveral heads offered to their Lordfhips confideration, in 
 '" His Majefty'smelTage -, and upon debate, it was agreed, That the Lord Keeper 
 " of the Great Seal let the CommifTioners for Scotland, at the next general meet- 
 " ing, know. That upon due confideration had, their Lordfhips offered the third 
 ■" head propofed in His Majefty's mefTage (viz. the uniting both kingdoms into 
 " one monarchy under his Majefty, his heirs and fuccelTors infeparably) to be 
 " the firft point to be debated ; and then, that his Lordfliip defire the Commif- 
 *' lioners for Scotland, to propofe, on which of the two firft heads to proceed 
 " nexti but that their Lordfhips were of opinion, not to proceed on the fourth 
 " or fifth heads, till the others be agreed to. 
 
 Tburfday the iid of September, 1670. 
 
 " Before the general meeting of the CommifTioners of both kingdoms ; this 
 '< day the CommifTioners of England met in their own chamber, and it was 
 " agreed, that what the Lord Keeper fhall propofe at the general meeting be done 
 " in the name of the CommifTioners. 
 
 '< Then the CommifTioners of both kingdoms being met, the Lord Keeper of 
 " the Great Seal ofFered to the Board, what the CommifTioners for England had 
 " agreed on, on Saturday laft, as preliminaries for the better proceeding in this 
 " treaty ; the fubftance thereof being afTented to by the CommifTioners for Scot- 
 " land, it was agreed, the Committee of the CommifTioners of both kingdoms 
 *' fhould be appointed for the wording of what was agreed to, and to report unto 
 " the Board. 
 
 " Alfo his Lordfhip propofed the third head of His Majefty's mefTage to be the 
 " firft article to be debated ; which was afTented to by the Lords CommifTioners 
 \^ for Scotland; but fome objeftion being made againft the words ' And fuc- 
 
 " cefTors,'
 
 56 A GENERAL HISTORY OF 
 
 " cefTors,' in that head, the Commiffioners for England withdrew to their cham- 
 " ber to confider thereof, and what words were fit to be afTented to; where, 
 " after fome debate, their Lordfliips refolved, that, if the CommifTioners for 
 " Scotland, at their Lordiliips return, fliould infift upon leaving out thefe words, 
 ' and fuccefibrs,' to yield to them therein. 
 
 " While the Commiffioners for England were in their chamber, a meflage 
 " was brought from the Commiffioners for Scotland by their Clerk, to know 
 " whether their Lordfliips would name their Committee there, or at the Board ;. 
 " upon which their Lordfliips named the Earl of Anglefey, Mafter Attorney Ge- 
 " neral, and Sir Leoline Jenkins, and returned anfwer, that they had named 
 " a Committee of their Commiffioners. 
 
 *' Then the Commiffioners returning to the general meeting, after fome de- 
 " bate upon the third head, agreed to leave out the words, * and fucceffiars,' 
 " and that the monarchy be fl-yled by the name of Great Britain. Then the 
 " Lords Commiffioners for Scotland let their Lordfliips know, that they had ap- 
 «' pointed "the Earl .of Kincardine, the Lord Advocate, and Sir Robert Murray, 
 " to be their Committee ; and the Commiffioners for England named the Earl of 
 " Anglefey, Mafter Attorney General, and Sir Leoline Jenkins, whom they had 
 " aopointed to be of the faid Committee j which Committee were alio appointed 
 " to word the third head as agreed to, and to meet when and where they pleafed, 
 " fo as to be ready to make a report on Saturday next. Afterward the Lord 
 " Keeper propofed to the cohfideration of the Commiffioners for Scotland, whe- 
 <' ther they would proceed next upon the firft or fecond head mentioned in his 
 " Majefty's mefl'age ; then the Commiffiioners for Scotland declared to enter upon 
 " the debate of the firft head (viz. The preferving to either kingdom their laws, 
 " civil and ecclefiaftical, entire) on Saturday next, which being agreed to, the 
 " next meeting, by their Loi'dfliips general agreement, was adjourned to Satur- 
 " day next, at nine o'clock in the forenoon. 
 
 " The order for the Committee was drawn as follows, viz. 
 Jhurjday the lid of September, 1670. 
 
 •< Lords Committees nominated by the Commiffioners, appointed to treat con- 
 " cerning an Union between England and Scotland, for the wording the two 
 " preliminaries, and the third head of his Majefty's meflage, as this day agreed 
 " to, at their Lordfliips general meeting, in order to the entering them by the 
 " refpedive Clerks attending the Commiffioners of both kingdoms : 
 Earl Anglefey, Earl Kincardine, 
 
 Mafter Attorney General, Lord Advocate, 
 
 Sir Leoline Jenkins, Sir Robert Murray, 
 
 " Their Lordfliips to meet when and where they pleafe, fo as a report be readjf 
 « for the Board by Saturday next, at nine o'clock in the forenoon. 
 
 Friday
 
 UNIONS IN BRITAIN. 57 
 
 Friday the 12,^ of September 1670. 
 " The Lords Commitcees above-mentioned met at nine o'clock in the forenoon 
 " at the Earl of Anglefey's houfe, and after confideration had, agreed, that 
 " the particulars committed to their charge be worded as follows : 
 
 PRELIMINARY ARTICLES. 
 
 " That the manner of proceeding between the Commiffioners,of both king- 
 " doms be by conference and debate ; and that the refult of their debates be put 
 " in writing by a Committee of the Commiffioners of both kingdoms ; and after 
 '' approbation thereof, the copies of fuch writings be delivered to the Commif- 
 " fioners interchangeably, figned by their refpe£tive Clerks, and then entered in 
 '' the refpedlive books, and/igned by both Clerks. 
 
 " That nothing agreed on, or aflented to, by the Commiffioners of both 
 " kingdoms, in their treaty, fhall be taken as the opinion or refolution of the faid 
 " Commiffioners, nor drawn into confequence, or any way made ufe of, unlefs 
 *' the whole which fliall be agreed to be reduced into inftruments tripartite, under 
 '' the hands and feals of the faid Commiffiioners, according to their refpeclive 
 " Commiffions." 
 
 ARTICLES OF THE UNION." 
 
 " Refolved, That the two kingdoms fhall be united in to onemonarchy, under 
 " His Majefty and, his Heirs infeparably. 
 
 " 2. That the name of this monarchy Ihall be, GREAT BRITAIN." 
 
 Saturday the i\th of September^ 1670. 
 
 " The Commiffioners for England being met in their chamber, the Earl of 
 " Anglefey reported what the Committee of the Commiffioners of both kingdoms 
 " had prepared, purfuant to their Lordfhips order, at the general meeting of the 
 " Commiffioners of both kingdoms j upon confideration had whereof, it was 
 " propofed, that fome words might be added to the fecond preliminary article, 
 " to take off all jealoufies that may remain of any ufe to be made hereafter, of 
 " what fhall be put into inftruments tripartite, if the Parliaments of both king- 
 " doms fhall not think fit to confirm the fame : whereupon a meflage was fent 
 " from their Lordfhips to the Commiffioners of Scotland (in their chamber), 
 " to defire, that the Committee of the Commiffioners of both kingdoms might 
 " meet again prefently in the Great Room, which being confented to, the faid 
 " Committee met, and agreed to alter and add to the fecond preliminary, in 
 " manner following : 
 
 *' That nothing which fhall be agreed, or affented to by the Conimiffioners of 
 " both kingdoms in their treaty, fhall be taken as the opinion or refolution of 
 *< the faid Commiffioners, nor drawn into confequence, or any ways made ufe of 
 " as fuchj until the whole, which fliall be agreed unto, be reduced into inftru- 
 
 I " ments
 
 58 A GENERAL HISTORY OF 
 
 " ments tripartite, under the hands and Icals of the laid Conarniflioners, accord- 
 " ing to their refpeftive Commiffions ; nor tl\en neither, unlefs the fame, being 
 " prefented to, fhall be approved and ratified by the refpeftive Parliaments j fo 
 " as this preliminary be not underftood to leave room for debate, or change of 
 " any thing by the CommifTioners, whicli fliall be put under their hands and 
 " feals, as aforefaid. 
 
 " Which alteration and addition, being reported by the Earl of Anglefey to the 
 " Commiflioners for England, was approved of. 
 
 .'* Then the CommifTioners for Scotland fent a meflage to the CommifTioners 
 " for England, defiring that the faid Committee might meet again prefently In 
 " the Great Room, which was agreed to ; where being met, the Committee of the 
 *' CommifTioners for Scotland propofed an addition to be made to the firft arti- 
 " cle of Union agreed upon, of thefe words, Ihey being of the progeny and pofle- 
 " rity of King James, His Majejly's royal grandfather of glorious memory. Which 
 " addition the Earl of Anglefey reported to the CommifTioners for England, 
 " whofe Lordfhips upon debate thereof, agreed to offer at the general meeting 
 " of the CommifTioners of both kingdoms, the article thus altered : ' That the two 
 ' kingdoms fhall be infeparably united into one monarchy under His Majeftv 
 ' and the heirs of his body, and for want of fuch heirs, under the body of King 
 ' James, His Majefty's royal grandfather of glorious memory.' 
 
 " Then the CommifTioners of both kingdoms being met, the Lord Keeper of 
 " the Great Seal read the two preliminary articles, prepared by the faid Com- 
 " mittees, to which the CommifTioners for Scotland declared their agreement, 
 *' and the CommifTioners for England theirs ; alfo his Lordfhip read the two 
 " articles of Union upon the third head in his IVIajefty's meflage, worded by the 
 " faid Committees, with the addition of fuch words, as the CommifTioners for 
 " England, upon the motion of the CommifTioners for Scotland, thought fit to 
 " alTent untoj to which articles the whole Board confenting, the faid preliminary 
 " articles of Union were written fair, and figned by the refpeftive Clerks, and 
 " then (being openly read again by the Clerk attending the CommifTioners for 
 *' England) were interchangeably delivered to the Commiflioners of both king- 
 " doms, to be entered in their refpeftive books, and figned by both Clerks. 
 
 " Next the Earl of Lauderdale, Lord CommifTioner for Scotland, olTered the 
 " firft head in His Majefty's meflTage, to be then proceeded on, viz. ' The pre- 
 ' ferving to either kingdom their laws civil and ecclefiaftical intire ;' to which his 
 " Lordfhip declared, they did agree in general, but differed as to the meaning 
 " of it ; thus : 
 
 " That the laws and cuftoms, civil, criminal, and ecclefiaftic judicatories and 
 »' ofKccs of either kingdom be preferved, and remain intire in all time coming, as 
 " they are before the Union. And that all aftions, procelTes, caufes and quef- 
 
 " tions.
 
 UNIONSINBRITAIN. 59 
 
 " tions, civil, criminal, or ecclefiaftical, concerning the fubjefts of Scotland, or 
 " any of them, in their lives, rights, properties, or other interefts in Scotland, be 
 " only tried, judged, and determined in Scotland, by the ordinary and compe- 
 " tent judicatories there, and fhall not be heard, purfued, or judged in England, 
 " in the firft inftance, or by way of appeal, review, reduftion, or by any other 
 " way whatfoever. 
 
 " After fome debate had hereupon at the Board, to the end their Lordfhips 
 " might the better confider thereof, the Lord Keeper (by the general confent of 
 " the Comminioners of both kingdoms) adjourned the next meeting to Thurfdav 
 " the 13th day of Oftober next, at nine a clock in the forenoon. 
 
 " After which, the Commiflioners for England met in their own chamber, to 
 " debate and prepare themfelves upon this point againft the next general meet- 
 " ing ; and after fome time fpent thereupon, departed." 
 
 Thtirjday the i^th of O£lober, 1670. 
 
 " This day the Commiflioners for both kingdoms prefent being met in the 
 " Great Room, the Earl of Lauderdale did intimate to their Lordihips, that, in 
 " regard of His Majefty's being at prefent at Newmarket, where many of tlie 
 " CommifTioners appointed for this treaty are attending on His Majefly, he con- 
 " ceived there was fufficient reafon for adjourning their proceedings for fome 
 " few days longer; upon which, by the general confent of the Commiflioners 
 " prefent, the next meeting was appointed to be on Thurfday the 20th of Oc- 
 *' tober infliant, at nine o'clock in the forenoon." 
 
 'Thurfday the lolb of 05loher, 1670. 
 
 " The Commiflioners for England being met in their chamber, the firft 
 " head propofed in His Majefly's meflage was read, with the propofition made by 
 " theCommiflloners for Scotland, as an explanation thereof; which being de- 
 " bated by their Lordfliips, after fome time fpent it was agreed, to defire the 
 " Commiflioners for Scotland to exprefs their meaning more clearly, as to the 
 " legiflative power of the Parliament, which will be for Great Britain after the 
 " Union. Upon which the Commiflioners for both kingdoms being met, the 
 " Lord Keeper offered to the Board, that the Commiflioners for England had 
 " confidered of the propofition made by the Commiflioners for Scotland upon 
 " the firft head in His Majefty's mefllige now under confideration ; and having 
 " read the propofition, told their Lordfhips, that as the propofition is made, the 
 " Parliament which will be for Great Britain will have no legiflative power to 
 " alter or change any laws, how grievous foever ; befides, there will be no power 
 " any where to alter the laws in Scotland, though the fiibjefts of Scotland fliould 
 " defire it ; and therefore defired their Lordlhips, the Commiflioners for Scot- 
 " land, to explain their meaning upon that propofition. 
 
 I 2 " Whereupon
 
 6o A GENERAL HISTORY OF 
 
 " Whereupon the Commiffioners for Scotland defired to withdraw, whofe 
 " Lordiliips foon after returning, the Earl of Lauderdale delivered the meaning 
 " of the Commiffioners for Scotland, as follows, viz. ' Our meaning is not hereby 
 ' to determine every particular law of Scotland to be unalterable ; but we can- 
 • not fiiy any thing to the way of altering, till the next article concerning the 
 ' Parliament be treated.' 
 
 " Upon which the Commiffioners for England defired to withdraw for a while, 
 " to confider of what was offered, and return prefently. 
 
 " Whofe Lordfhips being withdrawn to their own chamber, the faid anfwer of 
 " the Commiffioners for Scotland was there read ; and upon fome confideration 
 " had thereof, it was agreed, to take a little more time to confider more fully 
 " thereof, and upon their return, topropofe the iame to the Board, and a prefent 
 " adjournment. Then the Commiffioners for England being returned into the 
 " oreat room, the Lord Keeper did let the Board know, that their Lordfhips 
 " conceive the matter propofed worthy a little more time, in which it might be 
 «' better confidercd, as well by their Lordfhips the Commiffioners for Scotland, 
 « as the Commiffioners for England j whereupon, by the general confentof the 
 " Commiffioners of both kingdoms, the next meeting was adjourned to Satur- 
 " day the aid inftant, at nine o'clock in the forenoon." 
 
 Saturday the lid of O^ober, 1670. 
 
 " The Commiffioners for England being met in their chamber, read the lafl: 
 *' paper delivered by the Commiffioners for Scotland, and thereupon agreed to 
 " offer at the Board, that they are ready, if their Lordfhips of Scotland pleafe, 
 " to proceed upon the fecond head propofed in His Majefly's meffage, viz. 
 f The uniting both Parliaments into one;' and to receive what the Commiffion- 
 " ers for Scotland fliall offer thereupon. 
 
 " Then the Commiffioners for both kingdoms being met, the Lord Keeper 
 " expreffed the fenfe of the Commiffioners for England, upon the expofition 
 " made by the Commiffioners for Scotland, upon the firfl head propofed in His 
 " Majefly's meffage ; and did let the Board know, that, if their Lordfhips of 
 •' Scotland think fit, they are ready to proceed upon that head ; and if they 
 " pleafed to offer any particulars upon it, the Commiffioners for England were 
 " ready to proceed thereupon. 
 
 " Upon which the Commiffioners for Scotland declared their willingnefs to 
 " proceed upon that head; but defired time to confider of what fhall be thought 
 " fit to be offered on either fide upon it, until another meeting. 
 
 " Whereupon, by the general confent of the Commiffioners for both king- 
 " doms, the next meeting was adjourned to Thurfday the 27th inftant, at three 
 '* o'clock in the afternoon. 
 
 " Then
 
 UNIONS IN BRITAIN. 6i 
 
 " Then the CommilTioners for England returned to their chamber^ to con- 
 " fider in what manner to proceed upon the faid head ; and after fomc time 
 " fpent, agreed to hear what the Commiffioncrs for Scotland will, at their next 
 " meeting, propofe upon that head. 
 
 " By His Majefty's order, on the 26th of Oftober, the next meeting of the 
 " Commiffioners of both kingdoms was put off to Tuefday the firfl of No- 
 " vcmber, 1670, at nine o'clock in the forenoon." 
 
 Tuefday the \ft of November 1670. 
 
 " The Commiffioners for England being met in their chamber, to confider of 
 " the fecond head in His Majelty's meffage now to be treated on, agreed to 
 " propofe to the Commiffioners for Scotland, that, conceiving their Lordfhips 
 " intend a proportionate number of Members to fit in both Houfes of the Par- 
 " liamerir, which fhall be for Great Britain, they defire to know from the Com- 
 " miffioners for Scotland, what that proportion fhall be for Scotland, as to Eng- 
 
 " land ? 
 
 " Then the Commiffioners of both kingdoms being met, the Earl of Lau- 
 " derdale declared, that, according to agreement, the Commiffioners for 
 " Scotland were ready to proceed upon the faid fecond head. 
 
 " To which the Lord Keeper anfwered, that the Commiffioners for England 
 " did likewife agree to it; but fuppofing the Commiffioners for Scotland intend 
 " a proportion of Members as to the balance of that Parliament, dcfired to know, 
 " what that proportion fhall be for Scotland, as to England ? 
 
 " 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 Ma- 
 " jefty ; and they did not fee how their number fhould be lefs, than now it is in 
 " the Parliament of Scotland, without incapacitating fome Peers in Scotland, 
 " and cutting off fome fhires and royal boroughs from fending Members to Parlia- 
 " ment, which would be a hard taflc to undertake, their Lordffiips being to give 
 " an account of this treaty to the Parliament of Scotland. Upon which the 
 " Lord Keeper told them, that, their Lordffiips having propofed a thing which 
 " the Commiffioners for England could not expeft, it would be fit to take fome 
 " time to confider thereof Which being agreed to, the next meeting (by the 
 " general cqnfent of the Board) was adjourned to Tuefday the eighth of No- 
 " vember inftant, at three o'clock in the afternoon, to debate tliis fubjeft. 
 
 " Then the Commiffioners for England being returned to their chamber, after 
 " fome debate, it was agreed, to defire Matter Attorney General to draw fome 
 " reafons to be offered to their Lordfliips confideration, at their next meeting, 
 " againft what the Commiffioners for Scotland have propofed, concerning their 
 " Parliament being entirely united to the Parliament of England." 
 
 " Tuefday
 
 '62 A G E N E R A L II I S T O R Y O F 
 
 Tuejday the %th of November 1670. 
 
 " The meeting of the Commiflioners of both kingdoms intended to be this 
 " day, was put off till Saturday next, the 12th of this inftant, at three in the 
 " afternoon. 
 
 " By his Majefty's order, on the iitli of November 1670, the next meeting 
 " of the Commiffioners of both kingdoms was adjourned to the laft Thurfday 
 " in March next comino;." — And never met more. 
 
 Any one that perufes this fhort treaty, or rather conference, may fee that thefe 
 times were not tem.pered for an efFeftual Union ; and thofe that know any thing 
 of the fecret hiftory of that day, will alfo know there were private defigns then 
 on foot, which made a nearer Union inconfiftent with the views of the Court. 
 
 The Scots infifted on a conjunftion of Parliaments, not an incorporation 
 of foundations, as has now been propofed -, England durfl never hear of fuch 
 a conjunflion of Parliaments, on account of Church matters ; knov/ing, that, 
 though Epifcopacy was then eftablifhed in Scotland, yet, that the fecret bent of 
 that nation was Prefbyterian; and they durft not think of a conjunftion of 
 Houfes on that fcore. 
 
 And here I would afk leave of the Gentlemen in Scotland, who have oppofed 
 the prefent Union, in regard of its hazard to the Prefbyterian Churcli, to re- 
 mind them, what reafon they have to look back to the days of this treaty, and 
 be thankful, that the Union was not compafifed at that time ; and to confider, 
 why they fhould have ventured putting it off to a farther time, fince, had it 
 happened in that time, when Epifcopacy had the face of a legal eflablifliment 
 in Scotland, the Prefbyterian Church had for ever funk under its weight, and 
 been exploded by the laws of both kingdoms i both kingdoms had been obliged 
 to keep it down, and it could never, miracles excepted, have recovered itfelf 
 in that nation. 
 
 And thus I have traced the feveral endeavours to unite thefe kingdoms in 
 former times, in which I have been as brief as I can j I fliall conclude this with 
 only one remark, which I believe will appear to be juft. Through the whole 
 courfe of the feveral treaties hitherto named, the firft excepted, which was 
 difappointed by a mere judgment from Heaven, I mean the death of the Maid 
 of Norway ; all the reft of the propofals for Union between thefe kingdoms 
 met with their particular obftru6lions from Popery, French intereft, home- 
 tyranny, or court-intrigues ; thefe were the only enemies of Union, and, I 
 believe, it may, without partiality, be added, and Jo it is no iv. 
 
 We are now come to the prefent times. King James the Second, in England, 
 
 or
 
 UNIONS IN BRITAIN. 63 
 
 or Seventh in Scotland, had no other Union in view, but that of uniting all his 
 kingdoms to the churcli of Romcj and this put him upon meafures perfcdly 
 diftindt from all that had gone before him, from whence we have had two 
 famous revolutions in Britain, one in the regal ftate of both kingdoms, the other 
 
 in the ecclefiaftic ftate of Scotland, from Epifcopal to Prefbyterian : This 
 
 was no fooner brought to pafs, but Scotland put the King in mind of their 
 
 defires to unite, in their letter to King William j of which prefently. But 
 
 all that Prince's reign, this good defign met with obftrudtions, of which I 
 fl:iall be fomething particular in its place. And thus we are brought down to 
 Queen Anne, in whofc reign this great work was once attempted, but proved 
 abortive ; and at the fecond eflay was brought to perfeftion, as will be ken in 
 the fequel of this ftory. 
 
 OF
 
 O F 
 
 AFFAIRS IN BOTH KINGDOMS, 
 
 INTRODUCTORY OF A 
 
 TREATY OF UNION. 
 
 B 
 
 E F O R E I enter upon the proceedings in the reign of Queen Anne, 
 towards a general Union of thefe kingdoms, it is abfolutely neceffary to 
 the right underftanding of things, to take a ihort view of the pofture of public 
 affairs in the refpeftive kingdoms, and what it was that rendered the Union fo 
 abfolutely neceflary at this time, that to all confidering people, who made any 
 tolerable judgment of things, it was plain diere was no other way left, to pre- 
 vent the moll bloody war that ever had been beween the two nations. 
 
 At the revolution, as has been already noted, and feveral times during the 
 reign of the late King William, motions had been made frequently, both on 
 the King's fide and on the peoples alfo, to come to a treaty ; but that Prince 
 had always one thing or other caft in his way, to prevent his gooddefign. 
 
 The King was often heard to fay, that this ifland could never be eafy without 
 an Union, and if either of them underftood their own happinefs, they would 
 never reft till it was brought to pafs. And, as I had the honour to mention it 
 once among other things, in a fcheme of general peace among the Proteftant 
 interefts in Europe, I cannot forget, that his Majefty exprefling fome concern 
 at it, returned, " I have done all I can in that affair ; but I do not fee a temper 
 " in either nation that looks like it i" — and added, after fome other difcourfe, 
 " It may be done, but not yet." 
 
 During the whole reign of this prince, the breaches between the two kingdoms 
 rather widened and increafed, than tended to a clofe ; and feveral national un- 
 kindnelTes paft between them, which prepared both fides, as it were, to refleft 
 upon and reproach the other; there wanted not alfo a fet of wicked inftruments 
 always to blow the coals of difcord between the kingdoms into a flame, and, if 
 pofTible, to bring the nations to a rupture. 
 
 4 Some
 
 INTRODUCTORY OF A TREATY OF UNION. 65 
 
 Some of thefe paflfages which, I fay, tended to eftrange the nations, and, as it 
 were, prepare them for a breach, rather than for an Union, were thefe : 
 
 The fettling an African or Indian Company in Scotland, and the feveral 
 clafliings of intereft between the two nations on that head. 
 
 The affair of Glenco. 
 
 The difficulties about the fuccefflon and limitations. 
 
 The aft of fecurity there. 
 
 The aft in England intituled, " an aft for preventing dangers arifing from 
 " the Aft of Security in Scotland." - 
 
 The feizing the fhip the Worcefter, and execution of Captain Green, and 
 feveral others. — 
 
 All thefe things concurred to convince thofe that had the leaft knowledge of 
 affairs in both kingdoms, that nothing but an Union could prevent the nations 
 falling all to pieces, as foon as ever the Queen fhould die, if not fooner ; and 
 that, therefore, it was immediately and heartily to be fet about, as the only way to 
 preferve the public tranquillity, and prevent the certain mifchiefs that threatened 
 the whole body. 
 
 I fhall not enter into a particular hiftory of thefe feveral cafes, as being too 
 tedious for this traft ; but as it is necefTary to fay fomething of them, to convey 
 the right underftanding of thefe matters to pofterity, and that more regularly to 
 introduce the general thing I am upon, viz. Tlie Union, I cannot wholly omit 
 them. 
 
 And firft, for the African Company, the large commiffion that Company ob- 
 tained, by which they feemed to rival the Englilh, both in their Guinea, Eafl_ 
 India, and Weft-India trade, was ill reliflied by the EngliOi, who at tliat time 
 were in an odd and unfettled pofture, as to thofe trades at home. And as this is 
 not rightly underftood by a great many, that run round about for reafons of the 
 Englifh Parliament's falling upon that affair, it may not be amifs to fet it in a 
 clearer light. 
 
 The Englifh Eaft-India trade, being for a long time prefcribed in the narrow 
 limits of an exclufive Company, who tyrannized not a little in their abfolute 
 management of that trade, and became grievous to the reft of the merchants, 
 many attempts were made to lay open their ftock, and increafe fo great, and fo 
 beneficial a trade ; but the Company withftood all the attempts that way, and 
 kept all invaders off; till at laft by the mighty advance of two millions to the 
 government, the new Eaft-India Company got a charter, and itt up againfl 
 them : — How they rivalled one another, and with mighty ftruggles too much em- 
 barrafTed the whole nation, till the King himfelf was obliged to concern himfelf 
 in uniting them ; and how he brought that great work to pafs, are things not fo 
 
 K much
 
 66 OF AFFAIRS IN BOTH KINGDOMS. 
 
 much to my prefent purpofe ; but, at this time, viz. 26 June, 1695, the Scots 
 Company obtained their fettlement. 
 
 Whatever profpefts the projeftors of that Company had in their view, fbme 
 of which will, I doubt, hardly bear a hiftory, I never heard one of them pre- 
 tend, that either the flock to carry it on, or the market for their trade, could 
 be found in Scotland ; and from hence, with other particular objeftions, which, 
 I believe, they never debated, I pretend to fay, they could never really pro- 
 pofe any rational probability of fuccefs. 
 
 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 
 propofal to get into the Eaft-India trade, free from the bondage of the Company 
 mentioned before ; — but if they imagined alfo, that this could do lefs than em- 
 bark the Engliih Government againfl them, and bring the Public to concern 
 themfelves about it, they were exceeding fliort-fighted, or muft at the fame 
 time believe the other very ignorant in the affairs before them. 
 
 The firft ftep the Company took, was to open books for fubfcriptions at 
 London, and afterwards at Hamburgh ; and this was no fooner done, but the 
 Englifh Company took the alarm at both, and obained, by their intereft with 
 the Government, inftruftions to the Englifh Refident at Hamburgh to oppofe it 
 there, which was done mofteffeftually. The Englifh Refident, as it was faid, tacit- 
 ly threatening the Hamburghers, that the Englifli fliould remove their flaple of 
 cloth to the city of Bremen, and ruin the trade of Hamburgh: whether he did 
 aftually threaten them fo or no, I do not afBrm; but, it is certain, he fo managed 
 affairs, that the fubfcriptions begun there were flopped, and the defign on that 
 fide effeflually ruined. Then they (I mean the Englifh Eafl-India Company) 
 applied themfelves to the Englifh Parliament, and, by offering plaufible reafons 
 there, foon obtained their votes againfl: it alfo, and againfl: any of the fubjefts 
 of England fubfcribing to it; and the Scots merchants, who had fubfcribed in 
 England, were ordered to be impeached of a mifdemeanor, though the Parlia- 
 ment being near a clofe, thofe impeachments dropped of courfe. 
 
 Thefe things had the defired effeft'j for they crufhed the attempt of raifinga 
 new Eafl-India Company in thefe parts of the world ; and the projeftors then 
 played their other game of Darien, in which they had the fame unhappinefs, 
 viz. to put the Englifh nation under a necelTity of oppofing them. 
 
 I do readily allow, the firfl: fcheme of a trade to the Eaft-Indies iiad a pro- 
 bability of fuccefs in it J a thing I cannot grant to the affair of Darien j which, 
 I think, had not one branch belonging to its contrivance, but what was big with 
 neceffary abortions, fuch as remote mines of gold to be gained and maintained 
 by force againfl the Spaniards, in which England could not, without breach of 
 
 faitli.
 
 INTRODUCTORY OF A TREATY OF UNION. 67 
 
 faith, aflift; fuch as a trade for European goods with the Spanifli colonies, 
 which muft always have been by force, or by ftealth ; and neither of thefe had 
 any rational probability. 
 
 As to their trade over land to the South Seas, and thence to the Indies, 
 though much boafted of, it anfwers for itfelf, and feems a too imprafbicablc 
 whinnfy 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 diftance meafured to that part 
 of India, to which we chiefly trade, viz. the Coaft of Coromandei, Surat, Bay 
 of Bengal, &c. I think any body will determine the voyage by the Cape of 
 Good Hope, the better palTage by much, and very little if any thing longer. 
 
 But to come to the cafe : the Company, or rather the projedtors, who had 
 now embarked the gentlemen in a fubfcription of 400,000 pounds fterling, car- 
 ried on their defign, and with two fhips. 
 
 Men and a cargo perfeftly unqualified for any kind of trade, either with Eng- 
 lifh or Spaniards, fet fail, and landing at Darien, made a i'ettlement there, forti- 
 fied themfelves, and prepared to maintain it. 
 
 The Spaniards, who claim a right there, (and whether that right be difputabic 
 or no is not the queftion here,) immediately proceed by a double method, firft, 
 to prepare to diflodge them by force ; and fecondly, apply themfelves to the 
 King of England, claiming, by virtue of the treaty made with England, rati- 
 fied and exchanged, that no fuccour fhould be given to the Scots from any of 
 the Englifh colonies in America. 
 
 This, as an exprefs ftipulation, could not be denied by the Englifli Court ; 
 and accordingly a proclamation was exhibited by the King of England, and fent 
 to all the Englifh plantations, forbidding trade or correfpondence with them. 
 
 I cannot help faying, had the managers of the Company's affairs had the leafl 
 forecaft of things, they could not but have expedled all that happened here ; and 
 alfo might have known, that, had they a6l:ed right, thofe proclamations could 
 have done them no manner of damage. 
 
 Whoever has the leaft knowledge of the aff"airs of that country, and of the 
 trade of the Englifh colonies, muft needs know, that, had the Scots Company, 
 who had placed themfelves at Darien, been furnifhed either with money, or letters 
 of credit, they had never wanted provifions, or come to any other difaftcr, not- 
 withftanding the proclamations of the Englifh againft correfpondence. 
 
 Nor will any man be fo vain to fay, that they ought to have ventured on 
 fuch a fettlement, depending on fupplies from the Englifh, efpecially when, in 
 their affairs of Hamburgh and London, which were before all this, they had feen 
 the Englifh concerning themfelves againft their Company ; much lefs fhould 
 
 K 2 they
 
 68 OF AFFAIRS IN BOTH KINGDOMS, 
 
 they have gone to plant themfelves in a climate unfit for produ6t itfelf, with 
 neither cafn nor credit to buy in other places. 
 
 At laft it is apparent, that, notwithftanding the proclamations, and after all 
 the officious care of the Governors of the Englifli colonies, yet feveral floopsof 
 provifions came to them, but found them on the other hand unfurnifhed to 
 purchafe, except with fuch goods as were fit for no market ; nor could they give 
 bills any where to make good the value. 
 
 The trade to the Spanifh Weft Indies is forbidden in thofe parts, under the 
 fcvereft penalties of lofs of goods, confifcation of the fhip, and death of the 
 people; and yet we fee, that, at Jamaica for the Englifh, and Curafoe for the 
 Dutch, they carry on a prodigious trade,' encouraged by the gain of it. 
 
 Had the Scots at Darien had any thing fufficient to encourage the traders 
 thither, they had never wanted provifions j and as they were unprovided that 
 way, they muft have ftarved, had there been no prohibitions at all ; for they 
 would have found few of the planters, or merchants of the colonies, inclined to 
 have furnillied them without money. 
 
 This I think clears up the cafe fufficiently, and therefore I {hall fay no more 
 to it here ; it is thus far to the prefent purpofe, that this difafter of the Scots, 
 be the fault where it will, was one of the great occafions of ill blood between 
 the nations ; while thofe that took all opportunities to widen our breaches on 
 both fides, continually cried out in England, that the Scots were encroaching 
 upon our trade, and fetting up a new Eaft-India trade ; and, on the other hand, 
 in Scotland they complained of the unnatural and barbarous treatment of the 
 Englifh ; both which took with the common people of either nation, to the 
 unfpeakable difquieting of their minds, and raifing continual reproaches againft 
 one another, without giving themfelves leave to inquire into die grounds and 
 reafons of things. 
 
 I have been the larger on this head, becaufe I think this to be the firft 
 handle that our quarrelfome people took hold of to objed againft one another, 
 and on which the future jealoufies between the nations were pretended to be 
 built. 
 
 The affair of Glenco was another ftcp to national breaches ; and though 
 every body tells me, I muft handle this very gently, perhaps they may fee there 
 is not fo much caufe for it as they imagine. 
 
 And having the honour to have had fomething of this from perfons very near 
 the King, and perhaps from His Majefty's own mouth, I fhall only ftate the 
 general, fo far as it has been reported to the injury of that glorious Prince, and 
 to the exciting national animofities between us. 
 
 In doing this, I fhall only avoid naming of perfons, let the guilt die in their 
 
 graves ;
 
 INTRODUCTORY OF A TREATY OF UNION. 69 
 
 graves ; we are not now calling up the perfons to judgment, but fetting the 
 matter in a clear light. 
 
 That the Glenco men, among feveral other clans of the Highlanders, were 
 enemies to the Government at that time, had been in arms under Dundeci 
 and had on all occaifions fhewn their implacable averfion to King "William, and 
 all the intereft of the Revolution, needs no proof, and is owned even by the 
 greateft friends to the caufe. 
 
 That thefe people were not only very troublefome, but dangerous, and had 
 committed feveral hoftilities, murders, robberies and depredations, on both the 
 innocent country people their neighbours, as well as on the garrifon of foldiers 
 placed on that fide to fupprefs them, is alfo out of difpute. 
 
 The defence made for this is fliort, — that they were fair enemies, and had 
 profeffed open war. 
 
 It is anfwered thus : that, 
 
 I. They cannot be owned as open enemies, becaufe they really had no com- 
 mifTions from King James. And idly. The war was as it were fupprefled j the ge- 
 nerality had laid down their arms, and fubmitted j and thefe, as a few defpera- 
 does, kept up the quarrel rather as an advantage of rapine and plunder, than a 
 fervice to their pretended matter, or his caufe. 
 
 1. Suppofe them at open war, it has been the known praftice in war, when a 
 governor of a garrifon holds out without expeftation of relief, without any profpeft 
 but mere defperation and mifchief, to give fuch no quarter ; no conditions at 
 all ; but even after taking the place, to hang them up in cold blood, as wild 
 beads, that make no fair war, and deferve no fair treatment. 
 
 As His Majefty had this account given him of thefe people, and I do not 
 find but it was a true account too, it was the advice of the General and officers 
 employed at that time, that it was a mifchief which, as times then went, might 
 be very dangerous to the Public, and that therefore it behoved them to take 
 fome immediate courfe with them j and fince defperate mifchiefs require reme- 
 dies of the fame kind, they thought the firft force the beft, and propofed to 
 march immediately witli a body of troops into the place, and intirely root them 
 out as a den of thieves and deftroyers, without which the peaceable fubjefts 
 could never be fafe, nor the Government be eafy ; that the charge of maintain- 
 ing troops there was an intolerable burden to the country, and as there was no 
 other way could prevail to preferve the peace, it was abfolutely neceflary to 
 come to extremity. 
 
 His Majefty, who, by his experience in military affairs, was foon convinced 
 both of the juftice in point of war, and neceffity in point of government, of 
 this advice; yet, out of his mere goodnefs of difpofition and general clemency, 
 
 anfwered.
 
 70 OF AFFAIRS IN BOTH KINGDOMS, 
 
 anfwered, he agreed to their reafons, but required, that before any fuch extremi- 
 ties fhould be ufed with them, a proclamation fhould be publifhed, offering 
 pardon, or remiiTion, for all violences and villainies paft, to all thofe people with- 
 out exception, who within a certain time fliould come in, lay down their arnns, 
 and fubmit to the Government, and take the oaths as peaceable fubjedls. 
 
 It is here vifible that His Majefty's intentions were not only juft and honour- 
 able to thefe people, though liis implacable enemies, but that he refolved, like 
 a merciful Prince, to try all reafonable methods of tendernefs and goodncfs, if 
 poITible, to keep thepeace, and fave the offenders too. 
 
 With this proclamation, commiffion was given to the military power,, if this 
 merciful method could not prevail, they fhould proceed, to extremities i and 
 by force of arms deftroy all thofe that fhould ftand out, and not comply with 
 the proclamation. And His Majefty's orders were, as fir as relates to this part, 
 as follows : 
 
 The inftruftions were to Sir Thomas Livingftoun, dated January n, 1692. 
 The firft claufe is thus : 
 
 '' You are hereby ordered and authorized to march our troops, which are now 
 " pofted at Innerlochie and Innernefs, to aft againft thofe Highland rebels, who 
 " have not taken the benefit of our indemnity, by fire and fword, and all man- 
 " ner of hoftilities ; to burn their houfcs, feize or deftroy their goods, cattle, 
 " pleniftiing or clothes, and to cut off the men." 
 The fourth article runs thus : 
 
 " That the rebels may not think themfelves abfolutely defperate, we allow 
 " you to give terms and quarters ; but we are fo convinced of the neceflity of 
 " feverity, and that they cannot be reclaimed, that we will not allow you to give 
 " any other terms to chieftains, heretors, or leaders, but to be prifoners of war, 
 " whereby their lives are faved ; but for all other things they muft furrender 
 " on mercy, and take the oath of allegiance." 
 
 In additional inftrudians, one claufe is thus dated the i6th of Jan. 1692. 
 " If that Mackean of Glenco, and his tribe, can be well fcparated from the 
 " reft, it will be a proper vindication of the public juftice to extirpate that fedl 
 " of thieves." 
 
 Thus far I think I may undertake to fay his Majefty proceeded by the known 
 cuftom of all the moft juft governments in the world, and it would be needlefs 
 to examine hiftories to bring precedents here to juftify the method. 
 
 It is certain, and all men allow that the Glenco men had not complied with 
 the proclamation ; nay they had rejefled two indemnities. 
 
 I know it is objefted, that Glenco came and took the oath fix days after the 
 
 time, made a legal and juft excufe, and fent word of his willingncfs to comply 
 
 4 with
 
 INTRODUCTORY OF A TREATY OF UNION. 71 
 
 with it, and that it was only a trefpafs of time, which they fuppofed he had 
 repaired ; that the end of the proclamation was anfwered, and that the King, 
 who was mercifully inclined, would never have taken the lives of people, re- 
 folved to fubmit, for a trefpafs of days. 
 
 To this I anfwer, as his Majefty himfelf did in that cafe, that indeed had he 
 been in the Field, and on the fpot, and that excufe had been fent to him, he 
 might have accepted it ; but that as commiffions in cafes of war are to be punc- 
 tually executed, he could not require it of the officers to accept it as an excufe 
 againft a pofitive proclamation, and an exprefs order j befides, I do not find 
 any but the chief had gone thus far, the reft 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 Majefty with that ; and I could never hear 
 of any reafon given why the commanders of the forces fhould have any, much 
 lefs thofe at whom the Icandal of it was pointed, upon pretence of giving un- 
 warrantable orders. 
 
 But the cafe chiefly lies here : the men fell under the misfortune of a crifis in 
 war ; tliey brought themfelves into it by an omifTion of time ; to fay, they could 
 not avoid it, does not reach the cafe : if the officers can be charged with any 
 private revenge in this cafe : I have only this to fay. 
 
 1 . I never yet faw any reafon to think fo ; no perfonal grudge or quarrel ever 
 appeared, that I ever met with, or was fo much as alledged in it, or gain pre- 
 tended to be made by it, if the Earl of B had any private game, it neither 
 afFeiTced the King, nor the other perfons charged with the thing. 
 
 2. If it were fo, it no way afFefts the King, againft whom the reproach of 
 this afl'air is fince pointed, who afted nothing but what was agreeable to the laws 
 of war, and mixt it with that general blefling of his temper, an unufual clemency. 
 
 If the commiffion given was executed with barbarity, and blood, killing 
 people in what we call cold blood, furprifing them in peace, and dependence 
 on fafety, all this will turn upon the merits of the firft caufe : for if they were 
 by the laws of war to be deftroyed, all manner of fnrprifes become juftified by 
 the fame law. As to the cruelties and excefles of the furious foldiers, no man 
 can have the face to reproach His Majefty with that. 
 
 The grand queftion remains yet behind, why did not the King caufe the of- 
 fenders to be made examples^ and feverely punifli the murderers ? 
 
 I fhall anfwer, 
 
 I. If his Majefty's peculiar was too much clemency, I think fome of thofe 
 that make the loudeft exclamations on this article ought to be filent ; fince, had 
 exemplary juftice been his Majefly's employment from his firft landing, we 
 
 fliould
 
 72 OF AFFAIRS IN BOTH KINGDOMS. 
 
 fhould have no realbn to have faid, it was a bloodlefs revolution ; nor they 
 perhaps have been alive to complain. 
 
 2. For the reafons aforefaid, his Majefty often faid, it was a moot-point in 
 war, whether they had broken orders or no ; and though I have the honour to 
 know that his Majefty exceedingly refented the manner, yet it did not appear at 
 all that they had laid themfelves open to military juftice in it, or fo much 
 as given ground to call them to account before a council of war. 
 
 As to national, or civil juftice, the memory of the King can never be refledled 
 upon in that, unlefs fome perfons had purfued them at law, obtained fentence 
 againft them, and his Majefty had protected them from the profecution or exe- 
 cution of fuch fentences. 
 
 Thus far, I think, the King himfelf is intirely clear of this matter; who elfe 
 may have been guilty, and how, either of breaking orders, going beyond them 
 on niceties, and executing them with barbarities, I have no occafion to enter 
 upon here; I fhall be far from defending fuch things, and I am fure his Majefty 
 was far from approving it. 
 
 But this is more com.pleatly anfwered, by putting the world in mind, that his 
 Majefty did refer the profecution of that affair wholly to the Parliament, as more 
 particularly appears by the Parliament's Addrefs of Thanks to his Majefty for 
 fo doing. 
 
 And that in their profecution they found no room for legal procefs, except 
 ao-ainft the officer who executed the orders in a manner lb barbarous, which 
 officer fled from juftice, and was profcribed for not appearing. 
 
 So that here was no legal procefs interrupted ; but all was frankly remitted by 
 his Majefty to the fevereft methods of juftice, which if it would not reach the 
 perfons concerned, it is very hard the flander fhould reach the King. 
 
 It might be faid here, you have no occafion to defend the King's memory m 
 this cafe, fince the Parliament of Scotland cleared his Majefty, by their unani- 
 mous vote of the 14th of June, viz. " That his Majefty's inftruftions con- 
 '' tained no warrant for the execution of the Glenco men." 
 
 " I fliall only obfcrve, that it is true the Parliament pafled fuch a vote, and it is 
 as true the King refented very ill their ufage of him, as he had great reafon to 
 do, frequently repeating, that he thanked the Parliament of Scotland, they had 
 ufed him better than England had done hts grandfather ; for they had tried 
 him for his life, and brought him in Not Guilty. I muft confefs, it was very 
 unaccountable the Houfe ftiould pafs fuch a vote upon their Sovereign, whom 
 no man had had the impudence to own a refleftion upon in the cafe, though 
 they did it clandeftinely; and it had much better have become them, to have 
 fearched after, and puniftied thofe that flandered the King on that account. 
 
 But
 
 INTRODUCTORY OF A TREATY OF UNION. 73 
 
 But the reproaching the King, and thofe employed by him, and who under 
 him gave orders in it, had its party ufes ; what . end it anfwered at that time is 
 very well known, and would make a very good hiftory, to tlie reproach of fome 
 pretenders to revolution principles; but I choofe to bury thefe things in filcnce, 
 neither are they any part of this defign. 
 
 I have affigned this as a fecond ground of national animofity ; not that it was 
 a£ted by any of the Englifh nation, but as the gentlemen who improved it, 
 turned it all againft the King, it was ftill furnifhing matter of raillery againft the 
 Revolution and Succeffion, which both turned upon one point, and was now fup- 
 ported and pulhed on in Scotland, by the intereft and influence of the Englifli 
 Court. 
 
 I have digrelled upon the fubjedl on no other ground, than to clear up the re- 
 proaches 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 difcontents have been 
 revived, and indeed which has been ilrangely iflTued, has been the fuccefTion of 
 the crown. 
 
 This has a long chain of derivations to fetch it from, but I fhall contract 
 them into as fmall a compafs as I can. 
 
 The original of the whole debate is to be placed, if we will do juftice, 
 in his late Majefly's fincere and conftant care for the peace and fecurity of 
 thefe kingdoms. 
 
 The King had feen the profpeds of an Union fly like a remote fiiadow, as 
 it were out of ken, and finding reafon to lay afide the tlioughts of that blcflfed 
 conjunftion, he found the next (lep needful was, to preferve the public peace, 
 and hand down our liberties to pofterity, under the fame fecurity he had fo hap- 
 pily fixed them in; in order to this, his Majefty began to fet himftlf lerioudy to 
 work to fettle the fucceflion of. the crown in the Proteftant line. 
 
 Before I enter into this large field, I muft take one opportunity more to 
 exalt the memory of the King, and put thefe nations in mind of the care that 
 Prince took, abfl:rafted from his own intereft, to fettle both the liberties ajid 
 religion of this ifland, in fpite of all the ill treatment he met with here. 
 
 Upon the Revolution, a great deal of clamour and reproach had been levelled 
 at the King, as if he purfued his own intereft in the taking the crown of Eng- 
 land; though I muft acknowledge I am at alofs to find out what he gained by 
 it, though I have had opportunities to know fomething of his Majcfty's affairs; 
 but fure, nobody could charge his Majefty with having an eye to his intereft, in 
 what fhould happen aft?r his death; he could have nothing to propofe tohim- 
 felf beyond the grave; — it could be of no moment to him, who fiiould enjoy 
 
 L the
 
 ^4 OF AFFAIRS IN BOTH KINGDOMS, 
 
 the crown after him, fince he had no children of his own, nor could he expedt 
 the fucceffion Ihould come to any branch of his family. 
 
 Covetoufnefs and ambition may guide Princes in their purfuit of honours and 
 pofleflions, to themfelves and their families ; but when a Prince has. no family, 
 no relations that can enjoy after him, it cannot be rational to talk of ambition 
 or intereft in that cafe. 
 
 His Majefty's memory is therefore untainted, and even the enemies of his 
 fame are defeated here; for the very pretence fails them. His anxiety for the 
 fettlement of the fucceffion could favour of nothing but a mere concern and 
 refpefl: for the intereft, fafety, and liberty of the country ; and let any man give 
 any other rational account of it, if he can : but this is by the way. 
 
 In purfuit of this original defign, his Majefty laid the ground-plot of the 
 fucceffion to the Houfe of Hanover, went himfelf to Hanover, and thence 
 to Zell, to concert the meafures of it on that fide, maftered fome difficulties 
 there too, and theh propofed it to the Englifh Parliament. 
 
 How it pafled in the Englifti nation ; what oppofition was made to it there, 
 and by whom ; what fubfequent laws were made to ftrengthen and fupport it, is 
 not much to the prefent purpofe to examine ; hiftories are full of the particular 
 circumftances, and nobody that knows any thing of what pafled in thofe times 
 can be ignorant of it. 
 
 It remained only to make the fame provifion for Scotland ; and the King 
 began to turn his eyes thither, when he was taken off by death; and Queen Anne 
 fucceeded, not to his crown only, but to the fame care and concern for the 
 public peace, and for the fettlement of the nations, by fecuring the fucceffion of 
 the crown. 
 
 But to look into Scotland a little: The Scots received the propofal of the fuc- 
 ceffion with more coldnefs and diffidence than was expefted ; and the heats 
 occafioncd by the debates on both fides were extraordinary. The oppofition 
 made to the continuation of their united ftate in a fucceflxir had a fpecious and 
 moft unanfwerable pretence to be made for it, though it was made ufe of by 
 two forts of people, with a quite different profpeft. 
 
 The Scots had been very fenfible of the vifible decay of trade, wealth, and 
 inhabitants in their country, even from the firft giving away their Kings to the 
 Englifli fucceffion ; and, as the finking condition of their nation was plainly 
 owing to the lofs of their court, concourfe of people, the difidvantages of trade, 
 and the influence the Englifli had over their Kings; fo, it was as plain, there 
 was no way to recover themfelves, but either better terms of Union and Alliance, 
 or a returning back to their feparate felf-exifting ftate. 
 
 The moft confidering and difinterefted people reflefted back upon their eafy 
 
 complying
 
 INTRODUCTORY OF A TREATY OF UNION. 75 
 
 complying with the Englifli, and joining with the Revolution, without any 
 conditions made for themfelvcs with England, as a nation j and plainly faid, If 
 they had demanded better terms, they might have had them j fince their joining 
 at that time, was a thing of fuch confequence, and upon which fo much did 
 depend, that England could not have denied them ; and what they had to alk 
 was fo reafonable, that nothing in reafon could have been objefted. 
 
 The people who were of this opinion, being fome of them, at the fame time, 
 as far from embarking in the wrong intereft, moved ftrenuoufly for a treaty 
 with England, to afcertain the conditions, chiefly refpefting commerce, on 
 which they were willing to fettle the crown j but were unanimoufly for refufing 
 to fettle it at all, but with fuch a treaty. 
 
 As thefe gentlemen infifted upon a treaty with England, in cafe they fettled 
 the fucceflion with them, fo they confidered in the next place of limitations, 
 both in cafe of failing of fuch treaty, or in cafe of its being concluded, in 
 order to preferve the liberties of the people, and to aflert the right and power 
 of Parliaments ; and one of thefe limitations was, that in cafe the treaty did 
 not fucceed, then, in the fettling the crown, it was provided, the fucceflbr fhould 
 not be King or Queen of England. 
 
 And yet I confefs it feems plain to me, the defign of thefe people was not 
 againft having the fucceflion fettled even in conjun61:ion with Eno-land, as it 
 now is J and their general behaviour fince, confirms this opinion, befides the 
 general character of the men themfelves -, but their defign appeared plainly to 
 bring England over to fuch terms in matters of commerce, as really it appeared 
 Scotland wanted, and as England ought to grant. 
 
 'Tis true, a party joined in this, that were againfl:any conjunction at all, that 
 
 were againfl; any fucceflion but that of King James, and whofe real defio-n was 
 
 , againft the general correfpondence of the nations, and both fides had people 
 
 among them who made ufe of thefe things, further and further to divide the 
 
 nation. 
 
 Nor did they fail of fuccefs, for this was taken very heinoufly in Encrland, 
 efpecially by the ignorant kind of people, and they began in England to treat 
 the Scots very coarfely ; the writers of the age began to difcufs the feparate 
 fovereignties, and exalt the titles of either fide. 
 
 In England, one Dodor Drake writes a preface to an abridgment of the 
 Scots hiftory, wherein fpeaking fomething refiefting upon the freedom and inde- 
 pendency of Scotland, the Scots Parliament caufed it to be burnt by the hang- 
 man at Edinburgh. Another Englifli author writes of the abfolute dominion 
 of the Englifli Crown over the Crown of Scotland, but he received the jufl: 
 punifliment of being little regarded ; another writes of the eafinefs of reducing 
 
 L 2 Scotland
 
 7« OF AFFAIRS IN BOTH KINGDOMS, 
 
 Scotland by arms. — Againft thefe Mr. Anderfon, Hodges, and others, write 
 of the antiquity, freedom, and independency of Scotland, aflerting it in the 
 face of the world, for which books the Parliament rewarded them publicly. 
 
 Thus, on both fides, the cafe flood between the nations ; a pen and ink war 
 made a daily noifc in either kingdom, and this ferved to exafperate the people in 
 fuch a manner, one againft another, that never have two nations run upon one 
 another in fuch a manner, and come off without blows. 
 
 The heats on both fides being thus ftrangely blown up, and the people of 
 either kingdom beginning to run into excefTes, — -jufl in this jundture, as if the 
 nature and necefTity of the thing had driven both nations to it, the Queen 
 propofes to the refpeftive Parliaments a treaty of Union to be begun between 
 the two kingdoms; this was in the year 170a ; the well-wilhers to the nations 
 peace earneflly longed for this Union on both fides ; but I cannot fay that they 
 had equal expeftations of it, as times then went. 
 
 It was the firft year of Her Majefly's reign, and the adminiflration of things 
 being then in hands in both kingdoms, which her Majefty afterward thought 
 fit to change, there is not fo much wonder why this treaty came to nothing. 
 
 There had been obftru£lions to the defign in Scotland, where things were yet 
 carried with more jealoufy of the Englifh Court than afterwards they faw reafon 
 to do ; this occafioned a proteft from one fort of gentlemen againft the Queen's 
 naming the Commiffioners to treat ; — but even the very gentlemen who pro- 
 tefled, thought fit afterwards to come in to the Union, as it was propofed, and 
 had no fmall influence in the iuccefs of it. 
 
 The fuccefs of the Union, no doubt, depended upon the choice of the perfons 
 appointed to treat, and this depended very much on the reprefentation of the 
 Miniftry in either nation to the Queen. As to the Miniftry in Scotland I fhall 
 fay nothing, the gentlemen nominated there might perhaps have come into 
 naeafures for a treaty well enough, moft of the former treaters being the fame 
 as afterwards finifhed it ; — but the defign of the Miniftry in England feemed 
 to aft upon meafures not fo confiftent with the true intent and meaning of the 
 treaty as could have been wifhed. 
 
 Again, the jealoufies on both fides about church affairs, in refpeft to the 
 Union, were the ground of fuch difHculties as nobody could furmount, and 
 lay as a fecret mine, with which that party who defigned to keep the nation 
 divided, were fure to blow it up at laft, and therefore knew that all they did till 
 that point was difcuffedfignified nothing; and that whenever they pleafed to 
 put an end to it, they had an immediate opportunity. 
 
 Without therefore entering upon fuch juft refledions as I might very well be 
 allov/ed to make upon the feveral perfons and parts afting and aded in that, 
 
 I had
 
 INTRODUCTORY OF A TREATY OF UNION. 77 
 
 I had almoft faid fham treaty, I may place the whole mifcarriages of it very 
 juftly upon this one particular; viz. that the aflfairs of religion were left to the 
 abfolute determination and appointment of the treaters, and this might have 
 inftrudcd any body that this treaty would come to nothing, fince it was morally 
 imprafticable that the nice article of religion, as it particularly then flood be- 
 tween the two churches, could have been fettled to the mutual fatisfaftion of 
 both kingdoms by a Commiffion, in which there was not one perfon deputed or 
 named by the church, or inftrufbed by them to enter upon the feveral articles of 
 a treaty on either hand. 
 
 I know it has been faid, and perhaps there may have been fome truth in it, that 
 the article of religion was to have laid pafiive and dormant, and neither fide was 
 to have concerned themfelves about it, by which fome would have had it under- 
 ftood, that either fide was to remain in the condition they were then in, — and that 
 this was the meaning of the words of a certain perfon, who when he was aiked, 
 what care was taken of the church in that treaty, replied, " for God's fake, let 
 <' us have no more of that jargon." 
 
 I confefs, it is a charitable conftrudlion of the words, to fay, the author 
 only meant that things fhould be left to ftand as they were, and the treaters 
 ihould have no other concern about it ; — but I prefume thofe people hardly 
 confidered that then the eftablifhment of either church had been left intirely 
 to the future difpofilion of a Britifh Parliament, who, whenever they were 
 governed by a majority on this or that fide, might have overwhelmed intirely 
 the Scots fettlement, and eretted epifcopacy upon them, or vice verja with the 
 church of England : And I prefume neither church would have thouo-ht them- 
 felves fafe upon fuch a foundation ; I am fure, they would not have had reafon 
 to have thought fo. 
 
 Such a precarious Union muft needs have begot future convulfions in both 
 kingdoms ; and if we may judge by what has happened fince, the treaters 
 would have met with but very ordinary reception in Scotland when they came 
 home J and the abandoning the church to the mercy of the Parliament, which 
 was in efFeft, giving her up to the church of England, would certainly have 
 inflamed the whole country. 
 
 It is therefore the much kinder refleftion to fay thefe gentlemen never defi^ned 
 any Union at all, fince to fuppofe the other, would be to fuggeft that they 
 defigned to give up their native country to a bondage in matters relio-ious, 
 which they knew was intolerable to their country, and to lead them by the hand 
 to an inevitable breach between the nations. 
 
 For this reafon I fay, that treaty was never fincerely defigned j if it was, it 
 muft refieft either upon the underftandings, or upon the integrity of the perfons 
 concerned. 
 
 However^
 
 78 OF AFFAIRS IN BOTH KINGDOMS, 
 
 However, as I am here upon matters of hiftory, and coUefting together all 
 that has been done with relation to uniting the kingdoms, as well what was 
 abortive, as what came to perfeftion ; I think this work cannot be complete 
 without giving you the minutes of this treaty alfo, as far as it proceeded ; — 
 but becaufe I would not interrupt the thread of hiftory, I have adjourned it to 
 the Appendix, where you have it at large, as I received it from the hand of a 
 perfon of honour and undoubted integrity, who was one of the CommifTioners 
 to that treaty, and wrote it down with his own hand. The minutes are marked 
 in the Appendix No. 14. 
 
 Upon the breaking up of this treaty, three things happened to the further 
 widenino- the unhappy breaches between the nations, which however they dif- 
 covered the furious temper of a party of men in both kingdoms, ready and 
 forward to inflame us, and involve both nations in blood, yet their evil defign 
 had this happy iflue, that it brought the nations to the crifis which inevitably 
 brought on the great treaty ; it put us all into fuch a condition, that nothing 
 but a treaty for a nearer Union, or a bloody and irreconcilable rupture, could' 
 be the confequence. — And this I take to be a moving argument, which in the 
 judgment of the Miniftry made the treaty of Union abfolutely neceflary, and 
 thus the greateft good came out of the greateft defigned evil. 
 
 The firft of thefe was the affair of Captain Green and the fhip Worcefter. 
 An Englifh (hip called the Worcefter, of London, Captain Thomas Green 
 Commander, homeward-bound from the Eaft-Indies, put into Scotland, whe- 
 ther by contrary winds, or for convoy, or on what other occafion is not to the' 
 purpofe. 
 
 The African Company there having a fhip formerly feized by the Eaft-India 
 Company in London, as fhe was fitting out in the river of Thames, and for 
 which they had in vain folicited reftirution, they obtain of the Government a 
 power to feize and ftop this fhip by way of reprifal. 
 
 Accordingly, the fhip was feized on, and brought into Brunt ifland, and 
 fome time pafTed while the fhip lay under fuch circumftances. 
 
 During this time fome of the fliips crew, whether in their drink, or other- 
 wife, let fall fome words, implying that they had been pirating, and par- 
 ticularly fome very fufpicious difcourfes, intimating that there had been blood 
 in the cafe. 
 
 This prompted further enquiries, and at laft a plain and particular informa- 
 tion was procured, that this Captain Green, with this fliip Worcefter, had met 
 with a Scots fliip commanded by one Drummond in the Eaft-Indies, 
 
 had made a prize of the fhip, and murdered Drummond and all his crew. 
 
 Thele fufpicious and dark fpeeches were fo taken hold of, and traced, that 
 
 at
 
 INTRODUCTORY OF A TREATY OF UNION. 79 
 
 at laft it came upon the ftage, and brought Green and his Ihips crew into the 
 courfe of public juftice ; and after a very long trial, they were found guilty of 
 piracy, robbery and murder j and particularly the Captain and five more were 
 condemned to die for it, and the Captain with two more were accordingly 
 executed. 
 
 It is not the work of this book to relate that ftory at its full length, but I 
 cannot pafs it here without a fhort abridgment of the proceedings ; becaufe 
 as Scotland lies under much fcandal on this account, which, as to the methods 
 of public juftice, I think fhe does not defervej fo the clearing up that point, 
 and the relation it has to the prefent fubjedl I am upon, I think will come 
 out hand in hand ; and for that reafon I engage in it. 
 
 Some of Green's men, either in their anger, or their cups, or both, having 
 let fall words that rendered him very much fufpefted of having been guilty of 
 great villanies, they were further watched in their difcourfe by fome that had 
 taken hold of their words, particularly two negroes, one Haines, and another, 
 who, it feems, being difgufted at the Captain, frequently let fall fuch expref- 
 fions as gave the hearers reafon to fufpeft there had been great villanies among 
 them. Thefe fpeeches are all to be ken in the depofitions of the witnefles 
 (too long to repeat here) and particularly in the printed trial, to which I refer. 
 
 I fhall not take upon me here either to condemn or acquit either fide -, I know 
 the world is divided on the fubjeft ; fome will have Green and his crew to be 
 guilty of all that is charged on them ; others fay, the company carried all 
 againft them, that they might have a good pretence for confifcating the fhip. 
 But be that as it will, it is mod certain the folly and imprudence of the men 
 hanged them, to fay no more. 
 
 From a Httle to more, from dark exprefTions they fell to downright quarrel- 
 ling, and calling one another names, which there feems to be good reafon to 
 believe, might in part be true on both fides, for fome of them, however inno- 
 cent of this matter, had been, it feems, guilty of wickednefles of other forts, 
 black enough. 
 
 This folly of theirs came at laft to fuch a height, that it could be no longer 
 concealed, for it became the public difcourfe, that they had been guilty not of 
 murder and piracy only, but of uncommon barbarities ; and not that only, but 
 that it was particularly on a Scots fhip, and Scots men, viz. Captain Drum- 
 mond, as aforefaid. 
 
 At length it was brought to the ears of the Government, and as the public 
 
 juftice of all nations is obliged to take cognizance of fuch horrid things as were 
 
 here fuggefted, the fellows were examined, and they frankly confefling. Green 
 
 and five of his men were taken up. The pofitive evidence were only two ne- 
 
 4 groes.
 
 8o OF AFFAIRS IN BOTH KINGDOMS, 
 
 o-roes, but others fo corroborated what they faid, and circumftances concurring, 
 to make almoft every body believe the faft, at leaft in that hurry, they were, 
 upon a long hearing, feverally found guilty of piracy and murder. 
 
 There are fometimes fuch crifis, fuch jun6tures in matters, when all things 
 {hall concur to pofTefs, not a man, but even a nation, with a belief of what, at 
 another time, they would not believe, even upon the fame evidence ; and, in this 
 man feems aftuated by a kind of fupernatural influence, as if invifibly direfted, 
 to bring to pafs feme particular thing pointed out by Providence to be done, 
 for reafons of his own, and known only to his infcrutable wifdom. 
 
 Juft fuch a cafe this feemed to bej the circumftances of Green and his crew 
 were very unhappy for them ; their being put into Scotland, where they had no 
 manner of bufinefs, no diftrefs to force them in ; their being fcized by the 
 Company, the men's falling out among themfelves, and being the open inftru- 
 ments of dete£ting, what no one ever could have charged them with ; their flay- 
 ing there when they might have gone, and had no more bufinefs there, from 
 whence fome alledge they had no power to depart; thefe, and more concurring 
 circumftances, which were obferved by the moft curious, and fome of which 
 were noted upon the trial, feemed to jump together fo vifibly, that all people 
 feemed to acknowledge a wonderful and invifible hand in it, direding and 
 pointing out the detedting fome horrible crime, which vengeance fufFered not 
 to go unpunilhed. 
 
 Nor was this the fenfe of a few, but generally fpeaking of the whole nation, I 
 mean of confidering people, and fuch as ufually notice fuch things, and parti- 
 cularly of many of thofe who cried out loudeft of the matter, when it was too 
 late to apply any remedy ; in which, I cannot but think, they aflcd unkindly to 
 their country, and indeed very unjuftly, fince, when the convidlion of fuch cir- 
 cumftances was on the minds of the people, it is no wonder the men were found 
 guilty by the jury ; and I perfuade myfelf, they themfelves would have done 
 the fame. 
 
 On their being found guilty, they were not immediately executed, but fcveral 
 applications were made to England for their reprieve ; the Council of Scotland 
 reprieved them for fome days ; and as fome people began then to objed, that 
 the evidence was but too flight, and that there was but one witnefs to matter of 
 fadl, and that the one witnefs was but a negro, that he was not capable of the 
 imprefllons of the folemnity of an oath, that there was malice in it, and the like; 
 on thefe, and on other confiderations, the Government was fo tender of the 
 blood of the men, that fome have thought they had not died but for the rage of 
 the common neople, who, hearing that they were further to be reprieved, got 
 together in an unufual multitude, on the day appointed for their execution, 
 
 crying out for juftice. 
 
 And
 
 INTRODUCTORY OF A TREATY OF UNION. 8i 
 
 And this part of the ftory is the occafion of my relating fo much of it, fince 
 the tendency it had to inflame the nations one againft anotlicr began here. 
 
 On the day appointed for execution, the Privy Council was fet, and the 
 Magiftrates of Edinburgh were called to afTift ; where the point was debated, 
 whether the condemned perfons fliould be executed or no ? I will not fay the 
 rabble influenced the Council in their determinations that way ; but this is cer- 
 tain, that the difcontent of the common people was very well known ; and that 
 they were furioufly bent upon fome violent methods was very much feared ; 
 that a vaft: concourfe of people was gathered at that inftant in the Parliament 
 Clofe, at the Crofs, at the Prifon, and throughout the whole city ; that they pub- 
 licly threatened the Magiftrates, and even the Council itfelf, in caie they were 
 not brought out that day ; and fome talked of pulling down the Tolbooth, which 
 if they had attempted, they would have facrificed them in a way mors like 
 that of De Wit, than an execution of juftice. 
 
 However, it was the Council determined the matter, that three of them, viz. 
 The Captain, Thomas Green, John IVIather, and James Simpfon, who were 
 thought to be principals in the murder, flbould be put to death that day. 
 
 When the Magiftrates of Edinburgh came out, they afl*ured the people that 
 they were ordered to be executed, and that if they would have a little patience, 
 they would fee them brought out; and this pacified them for the prefent. 
 
 Soon after the Council breaking up, my Lord Chancellor came out^ and 
 driving down the ftreet, in his coach, as he paflTed by the Crofs, fomebody faid 
 aloud, " The Magiftrates had but cheated them, and that the Council had 
 " reprieved the criminals:" — This running like wild fire, was fprcad in a mo- 
 ment among the people ; immediately they ran in a fury down the ftreet, after 
 the Chancellor, ftopped his coach juft at the Trone- Church, broke the glafl^es, 
 abufed his fervants, and forced him out of the coach ; fome friends that were 
 concerned for the hazard he was in, got him into a houfe, fo that he had no 
 perfonal hurt. It was in vain for his Lordfliip to proteft to them, that the men 
 were ordered to be executed ; they were then paft hearing of any thing, the whole 
 town was in an uproar, and not only the mob of the city, but even from all the 
 adjacent country was come together. Nothing but the blood of the prifoners 
 could appeafe them; and had not the execution followed immediately, it cannot 
 be exprefl'ed what mifchief might have happened. 
 
 At laft the prifoners were brought out, and led through the ftreets down to 
 Leith, the place of execution being by the laws appointed there for crimes 
 committed upon the fea. — The fury and rage of the people was fuch, that it is 
 not to be exprefled; and hardly did they fuflfer them to pafs, or keep their hands 
 off them as they went, but threw a thoufand infults, taunts, and rcvilings. — • 
 
 M They
 
 82 OF AFFAIRS IN BOTH KINGDOMS, 
 
 They were at laft brought to the gibbet, erefted at the fea-mark, and there 
 hanged. 
 
 Nor can I forget to note, that no fooner was the facrifice made, and the men 
 dead, but even the fame rabble, fo fickle is the multitude, exclaimed at their own 
 madnefs, and openly regretted what they had done, and were ready to tear one 
 another to pieces for the excefs. 
 
 This was not afted there with more fury, than it was with the utmoft indig- 
 nation refented in England; — ftill I am to be underftood of the common people; 
 for the Government of neither fide had any refentment or difpute, all things 
 having been carried on by legal methods, procefs, and trial, according to the 
 form of law, and ufage 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 fides. 
 
 In Scotland, it was faid, the Court of England would proteft them, and they 
 would be pardoned, only becaufe they were Scotfmen that were murdered; and 
 the like. 
 
 In England, it was faid, the rabble had cried out to hang them, becaufe 
 they were Englifhmen ; that they had faid, they wifhed they could hang the 
 whole nation fo, and that they infulted them, as they went to execution, 
 with the name of Englifh dogs, &c. 
 
 Never was fuch an unfortunate circumftance to exafperate the common people 
 on both fides, and to fill them with irreconcileable averfions that might prepare 
 them for blood ; and if in England it had gone a little higher, it would not 
 have been fafe for a Scotfman to have walked the fl:reets. 
 
 Certain it is, that though the men had been innocent, for that was now alledged, 
 yet, as they were condemned by a due courfe of law, tried, and executed by the 
 common form of juftice in that country, and in the fame manner by which 
 their own fubjefts were tried and executed ; the fault mull lie in the witnefl"es, 
 and the jury that believed 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 condemn innocent 
 men ; and that, if evidences fwore the faft, it might be the misfortune of any 
 innocent man to fall under fuch a difafter. The crime lay in the villany and per- 
 jury of witneffes; but the nation could not be quarrelled on that account. 
 
 But ftill thefe things left a corroded mafs of ill blood in the minds of the 
 people on either fide; and, as improved by the malicious fomenters of our 
 divifions, they were very unhappy at that time. 
 
 To exafperate the people yet more, it was reported, that Captain Drum- 
 mond was yet living, that neither he, nor any of his men, was ever touched 
 
 by
 
 INTRODUCTORY OF A TREATY OF UNION. 8j 
 
 by Green or his crew, and fome feamen who landed in England, made affidavit 
 direftly contrary to the evidence that hanged them. 
 
 I fhall no farther enter into the merits of the cafe, than ferves to the matter 
 of national heats : The thing was generally thought to be a hafty execution, 
 but the argument, that it ought to be no ground of a national quarrel pre- 
 vailed in England, and the reft of the prifoners in Scotland were reprieved 
 from time to time, and at laft let go. 
 
 In both thefe cafes, the mifchiefs of tumult and rabbles is to be obferved, 
 and how eafy it is to fet nations on a flame, by the violent fomenting the paffions 
 and humours of the people, and how much thofe fort of men are to be detefted, 
 who blow the coals of ftrife and diflention in a nation, prompt the fury of an 
 enraged multitude to fly in one anothers faces, and infult the laws and Govern- 
 ments of both countries at once. 
 
 The end of this account is to make out what I at firft noted, concerning the 
 caufes which wrought thefe two nations up to fiich a neceflity of an Union, 
 tliat either it muft have been an Union or a war ; the animofities on both fides 
 being raifed to fuch a pitch, that they could no longer have remained in the 
 ufual medium of peace. Nor was this unhappy ftory the leaft caufe of the 
 growing averfion between us, which was now come to a very great height. 
 
 The fourth head, to which I afcribe the growing alienation between thefe two 
 kingdoms, was the Ai5b of Security in Scotland. 
 
 This a£t made a great noife in the world, and was magnified in England to 
 fuch a height, that it was looked upon, as in effeft, a declaration of war, to com.- 
 mence at the Queen's demife; and however defigned, was efFedlually made fo, by 
 what after happened. 
 
 The Marquis of Tweeddale was Fligh Commiffioner to this Parliament, a 
 perfon of extraordinary temper, candor and modefty. — The matter of the 
 fucceflion had in the preceding Parliament been rejefted, on this fuppofition, 
 that it was not prudent for Scotland to join with England, except fuch conditions 
 of commerce and navigation were firft obtained by treaty with England, as were 
 juft and honourable for Scotland ; and abundance of honeft gentlemen, who 
 were far enough from fo much as being fufpe6bed of favouring the Jacobite 
 intereft, joined together in this demand -, they were willing to come into the 
 fucceflion, provided they had fuch and fuch conditions, as they thought were 
 reafonable to be infiftcd on in behalf of Scotland, among which the liberty and 
 freedom of trade to the Englifli plantations was one. 
 
 There were many very learned debates in the preceding Parliament upon that 
 head j great and popular fpeeches made on the fubjedli and the Aft of Secu- 
 
 M 2 rity.
 
 84 OF AFFAIRS IN BOTH KINGDOMS, 
 
 rity was offered, and voted, but could not then be pafled, for things began to run 
 high in the Parliament, which occafioned a recefs. 
 
 This was taken in Ens-land in a moft heinous manner ; and nothing was now 
 talked of there, but the Scots buying arms and ammunition, training and exer- 
 cifing their men, and mighty things were fuggefted in England, which the 
 Scots might do, and fometimes which they would do; the printed news-papers 
 gave a moft formidable journal of the Duke of Athole drawing out his High- 
 landers, encamping three days with feven thoufand men, how armed, how 
 well officered, and the like ; another paper told the world of fixty-thoufand 
 men in Scotland, armed and trained, and ready to take the field. 
 
 However abfurd thefe things were, and that wifer men, who knew the ftate 
 of Scotland, faw there was nothing in it, but what every nation in the world 
 would have done in the like cafe, that it was neither more nor lefs than arming 
 their militia, and putting them into fome order, which for feveral years paft 
 had been intirely negledted; yet I fay, however abfurd the fuggeftions were, 
 they were improved in England to all manner of extremes, and fome moft 
 ridiculous excefies were run into, both public and private. 
 
 It is no doubt, but as Scotland was acknowledged to be independent, what- 
 ever the forward pens of our politicians would have pretended, yet I fay, being 
 acknowledged independent even by the Englifli Parliament, it was a very 
 material thing to have her concur in eftabliftiing the fucceffion of the crown, 
 on the fame perfon as England had done. 
 
 Two things moved in this affair on the Englifli fide : 
 
 1 . Some would not have it done at all, and therefore were for irritating the 
 Englifti againft the Scots, that it might come to a rupture inftead of a fettle- 
 mentj and this, by putting it upon Scotland to declare, without a previous 
 treaty, which they knew would never be accepted. 
 
 2. Others would gladly have had the Scots come into the fucceffion, but 
 were willing to have them do it without any conditions, thinking that Scotlaad 
 ought ftill be kept low, for fear of their principles, which lead them to be no 
 friends to the Englifh church eftablifhment. 
 
 Both thefe cried out, and exclaimed at this Aft of Security, and reprefented 
 it to the world, as if the Scots were going adhially to fcparate from England. 
 
 There was one claufe in the Ad of Security, which intirely excluded the 
 fucceffor to the crown from governing both kingdoms together. 
 
 This the enemies of Scotland prefently reprefented in England, as a defign 
 to reftore King James, and a great many honeft people were brought in to 
 believe that the Scots, even tlie Prefoyterians themfclves, were fo alienated 
 from England, and fo obftinately bent againft joining with her on any account, 
 that they would never again be under the fame head, nay, that they would 
 rather league themfelvcs with France, and reftore King James, than come to 
 4 any
 
 INTRODUCTORY OF A TREATY OF UNION. 85 
 
 any terms with her. And this was, as it were, confirmed, when the Scots, 
 fubfeqiicnt to thefe things, pafled an aft for trading with France, thou[;h, as 
 their circumftances then flood, it was very necefiary to them. 
 
 Nor was this run to any thing lels in England, and they began to talk 
 loudly there of forcing the Scots to the fuccefTion ; but this was by fuch as 
 either coveted a breach between the two nations upon any terms, or really did 
 not underftand what they faid. The latter appeared by their printing fome 
 pieces to prove the right of theHoufe of Hanover to the crown by fucceffion; 
 a thing all people, that know any thing of the affairs of Europe, know it was not 
 
 the foundation upon which the prefent eftablifhment pretends to be built, 
 
 but on that much fafer, and much more divine right of the Englifh Conftitu- 
 tion, and Scots alio, I mean parliamentary limitation. 
 
 Things ran very high now in both nations ; the meafures taken in Scotland 
 feemed to be very well grounded, and their aim well taken j for either England 
 mufl comply with Scotland, as to fuch treaties as were reafonable, or elfe fhe 
 might have the fatisfaftion to fee clearly, Scotland by this aft was placed in an 
 intire feparate flate from her ; — who fhe would join with ; what prince fhe would 
 bring in ; where fhe would beftow her crown, was not to the purpofe. Two 
 things fhe had made plain : 
 
 1 . That fhe was refolved to have it wholly in her own hands, to beftow as 
 ihe thought fit. 
 
 2. That wherever the Englifli crown was beftowed, the Scots crown fhould 
 not, without conditions firft obtained. 
 
 This effeftually fettled and declared the independency of Scotland, and put 
 her into a pofture fit to be treated with, either by England, or by any other 
 nation. 
 
 Nor did the apprehenfions which this gave the world of the Scots defigning 
 to reftore King James do her any difTervice; for though nothing is more certain 
 than that the Jacobites, as they are called, conceived great hopes from thefe 
 things, and flattered themfelves exceedingly, that the return of their King, as 
 they called him, would be the efFeft of all thefe breaches ; and therefore fell in 
 heartily with all thefe things; and, as far as polTible, carried on the averfion to 
 a fettlement with England : Yet it is as certain that the gentlemen, who mainly 
 carried on this projeft, had no more eye that way, than to the Great Turk ; but 
 were fincerely bent to the profperity of their countn/, and the eftablifhment, 
 both religious and civil, as fully appeared afterwards, by their heartily purfuing 
 the treaty that followed. 
 
 The drift of the whole matter was, the bringing England to terms, bringing 
 the Englifti nation to a treaty ; and though it is confeft that the profpeft was 
 remote and melancholy, England at the time being averfe to any fuch thing; 
 
 vet
 
 86 OF AFFAIRS IN BOTH KINGDOMS, 
 
 yet as thefe gentlemen faw there was no other way to redeem Scotland from 
 the dilcouragement fhe then lay under, with refpefl to the abfence of her Court, 
 the dependence of her gentry and nobility, the limitations and reftriftions of 
 trade, which, by the Aft of Navigation, fhe was fettered with, and feveral 
 diladvantages her prefent conjunftion, which was made without any treaty, laid 
 her under ; — therefore they ftood ftriftly and refolutely to their meafures ; and 
 the more the Court in England puflied at her joining in the fettlement, and ufed 
 all poITible means to bring it to pafs ; the more averfe they appeared, and the 
 farther they we-nt off from it. 
 
 Thus I fay this Aft of Security, being only attempted in the firfl: SefTion of 
 Parliament, was perfefted in the next; and every day further and further ad- 
 vances were made feemingly to an entire and lalling feparation of the king- 
 doms from one another. 
 
 There were other fteps made to this on both fides, as to matters of trade, as 
 fhall appear immediately. 
 
 England, who was all this while under a very unhappy conduft, and afted 
 upon quite different foundations from what we have feen her happily brought 
 over to fince, took the worft meafures upon the Scots proceedings then, that 
 ever a wife people could have taken ; for the Englifli Parliament fitting foon 
 after, viz. 1704, the Scots Aft of Security came to be confidered; and however 
 influenced by a precipitant party, God only knows, they paffed an aft, in my 
 opinion, the moft impolitic, I had almoft faid unjuft, that ever paffed that great 
 aflfembly. 
 
 This was that aft of Parliament, intitled, Jii JSl to prevent the tnifchiefi 
 ariftng to England from the A£l of Security in Scotland. In which they in a man- 
 ner declared open war with Scotland, unlefs by the 24th of December, the next 
 year, they fhould fettle the crown in the fame perfon as now fettled in England; 
 for they appointed twenty-four men of war to be fitted out, to prevent the 
 Scots trading with France ; declared the Scots in England aliens, and feveral 
 other articles, as j.n the aft itfclf may more at large appear. 
 
 This wa^ done in that famous Parliament called, T^he "Tacking Parliament^ and 
 it was the lefs to be wondered at, becaufe, (which is the fubjeft I am at prefent 
 upon,) the heats between the nations, which were at this time improved by the 
 parties on both fides, were rifen to a very great height; all things tended to 
 exafperations and provocations; no man of temper feemed to fhcw himfelf on 
 cither hand ; and thofc wlio bore the lead: regard to the general good of both 
 kingdoms forefaw nothing but an unavoidable war between us ; and indeed had 
 matters ftood thus but a very little longer, it had been impoffible to have 
 avoided it, and that in a moft unfeaibnable time for Europe, which was then 
 
 engaged
 
 INTRODUCTORY OF A TREATY OF UNION. 87 
 
 engaged in tlic mofl: furious and moft critical jun6lure of the war witli France, 
 being the year before the battle ut Blenheim. 
 
 Thus the party in Scotland, who had laid their fcheme, in hopes that Eng- 
 land would have come into meafures for the general good, faw thcmfelves 
 dilappointed ; and though it is true that, had England then feen with the eyes 
 of her national underftanding, and had fhe not been ridden by a party, who 
 openly purfued the ruin of her very Conftitution, I mean as eftablifhed on the 
 Revolution principle ; I fay, had fhe not been under that unhappy influence, 
 flie had taken other meafures ; yet, as it was, nothing was to be expedted. 
 
 However, the gentlemen in Scotland happily refolved to wait for the iffue of 
 things, and firmly adhered to their new fcheme. Scotland began to be talked 
 up in the world a little; and thefe very enemies, who, as they thought, wounded 
 her, by talking up the mighty formidable things this Aft of Security might 
 produce, really raifed her reputation; nothing was more abfurd than their 
 alarming England at the chimeras of their own heads ; fuch as Scotland buying 
 30,000 ftand of arms in Holland; laying in 10,000 barrels of powder; arming 
 60,000 men, and the like. All which, in reality, was nothing at all but muf- 
 tering their trained bands, as they call them in England, and buying about 500 
 barrels of powder for the Caftle of Edinburgh. In their alarming England, 
 I fay, at thefe mighty things, they really raifed the reputation of Scotland in 
 the world, and made her begin to make a different figure in the eyes of other 
 nations ; and, there is no doubt, had things gone on to a rupture, as wicked 
 men on both fides wifhed, and good men began to fear, Scotland might have 
 found fome powerful princes willing to have accepted her crown, and to have 
 in the mean time fupported, fupplied, and encouraged her to ftand upon her 
 own feet. 
 
 But I fhall do the gentlemen who managed this affair this juftice, that I be- 
 lieve they had it not at all in their defign, to fly to the proteftion of any foreign 
 power, no, not to any Proteftant power in Europe, unlefs forced to it by the 
 precipitant meafures England was then in all probability going into ; and, if 
 they had done it then, I can not fee how they could have been blamed. — But as 
 to the prefent ftate of things, the gentlemen who managed this part feemed to 
 me always to aim at obliging England to give them good terms, and to put 
 themfelves in fuch a pofture in the world, as Ihould make England fee it was 
 worth their while to do fo, as well as that they ought to do fo. And this was 
 fo juft aftep, and the aim fo well taken, as by the confequence appeared, that, 
 I think, it is the greateft panegyric that can be made on thefe gentlemen, to fay, 
 they brought to pafs by it all the great things which God, in his providence, has 
 thought fit to do towards our peace and happinefs in this ifland. 
 
 If
 
 83 OF AFFAIRS IN BOTH KINGDOMS, 
 
 If they did not delign this, or had not this honeft aim in view, they lefs de- 
 ferve the praife ; but it is evident, Providence made their meafures inftrumental 
 to bring it to pafs. 
 
 Thus flood the affairs of this ifland, at the end of the year 1705, when the 
 averfions between the two kingdoms, by the feveral fteps I have noticed, was 
 come to a great height j the people Teemed exafperatcd againft one another to 
 the higheft degree ; the Governments feemed bent to act counter to one another 
 in all their Councils; trade clalhed between them in all its circumftances, and 
 every Parliament run further and further into the moft difobliging things that 
 could be : England laid a new impoft upon Scots cloth ; Scotland prohibited 
 all the Englifh woollen manufacture in general, and eredled manufadories among 
 themfelves, which, had they been prudently managed too, might have been 
 very advantageous to them ; but of that by the way. Scotland freely and 
 openly exported their wool to France, Germany and Sweden, to the irreparable 
 lofs of the Englifli manufaftures, having great quantities of Englifh wool 
 brought into Scotland over the borders, which it was impolTible for England toi 
 prevent ; fo that the famous trade for wool to France, by Romney Marfh, com- 
 monly called Owling, was entirely dropped, and France not fupplied only, but 
 o-lutted with wool. 
 
 On the other hand, England was proceeding to prohibit the importation of 
 Scots cattle, and to interrupt by force their trade with France ; and had this lafl: 
 proceeded to pradbice, all the world could not have prevented a war between 
 both nations. 
 
 But more prudent counfels prevailed, and God's providence unravelled all 
 thefe fchemes of deftruftion, which madmen had drawn for the ruin of their 
 native country; and as many times things evil in their defign, are over- 
 ruled by an invifible hand, and bring to pafs that very good, which they 
 were prepared to deftroy, even fo it was here ; for thefe confufions were 
 the very things that brought both the nations to their fenfes, 1 mean, 
 brought them both to better temper ; the confequences of a bloody war 
 juft breaking out in the bowels of their native country, in the ruin and certain 
 defolation of which they mufl neceflarily have a great fhare, opened the eyes of 
 the mofl thinking people on both fides, even of thofe who in themfelves had 
 no real inclination to the conjundlion of the kingdoms, and thus the neccffity of 
 taking new meafures began to appear both ways. 
 
 In England, the weight of the prefent war, which every day rather increafed 
 than decreafed ; in Scotland, their declining condition, and difunited circum- 
 ftances ; in England, the matter of fecurity ; in Scotland, the profpeft of ad- 
 vantage, all concurred to fway the inclinations of wife men to heal thefc 
 breaches. 
 
 I have
 
 INTRODUCTORY OF A TREATY OF UNION. 89 
 
 I have now fliewn by what fteps thefe two nations were brought to the very 
 brink of mutual 'deftruition, -and the fequel of the ftory will tell any body who 
 were the parties that prompted both nations to thefe unhappy extremes : I fhall 
 in the next place a little examine how all this tide of mifchief and folly turned, 
 and how they began to come to themfelves in both kingdoms, and this will fo 
 naturally lead us to the hiftory of the Union, that I cannot think of a more 
 proper introduflion. 
 
 The party in England who had the reins of the adminiftration in their hands* 
 had given other teflimonies than this of their precipitant^meafures ; and as they 
 had made not this nation only uneafy, but their own too, fo, as things generally 
 take new turns, when they come to extremes, the EnglilTi nation began to be 
 alarmed at the proceedings, as tending to the fubverfion of all the fabric of 
 Government erected by the Revolution. 
 
 The occafion of all this is too long to relate here ; and the hiftory of the 
 tacking the Occafional Bill to the Money BilJ^ in that Parliament in England, 
 is too well known to need any recital. It is enough to fay here, that pufhing at 
 fiich hot meafures in England, as is ufualin all precipitations, like an axe ftruck 
 upon a hard ftone, the blow rebounded, and the weapon flew out of the hand of 
 the unfliilful workman ; the projeft failed, tlie party overthrew themfelves, 
 and never recovered. 
 
 The Queen, far from approving the extravagancies they were running things 
 to, and awakened by the danger of her people's liberties, which were as dear to 
 herfelf as to them, finding to what mifchiefs thefe warm gentlemen were leading 
 her, and being by the goodnefs of her dilpofition, as well as experience in the 
 Englifli affairs, particularly averfe to things hard or fevere upon her people, 
 jnuch more fo to all manner of illegal feverities, put a full flop to this career of 
 mifchief. And though indeed they had brought things to the very edge of de- 
 ftruftion, both in England on their own bufinefs, as well as in the affairs of the 
 two kingdoms; yet the Queen immediately fhifting hands, and applying with 
 her ufual wifdom to tlie eftablifhing the minds of her people, retrieved this 
 whole affair, reftored England to the tranquillity fo much defired, filled up her 
 Miniftry and all offices of truft, with men of the fame candour.and moderation 
 with herfelf, openly abandoned and difcouraged the meafures of tliofe people 
 who had run things to fuch excefTes, and re-fettled the minds of her people, 
 diftrafted with apprehenfions of ruin and party-confufion. 
 
 Thus the Miniftry in England was intirely changed, the Lord Keeper, Sin 
 Nathan Wright, depofed ; Sir Edward Seymour, Comptroller of thfe Houfehold, 
 put out of her family; the Earl of Nottingham, Secretary of State, and fevcraJ 
 others, laid afide; the props of the high-flying party, as they were called, 
 were left out of the Council, and removed from their places in tl.e Go- 
 vernment. 
 
 N In
 
 90 OF AFFAIRS IN BOTH KINGDOMS, 
 
 In the leveral counties the people's approbation of her Majefty's pro- 
 ceedings, and their joy at this change of inftruments, was teftified by the 
 univerfal contempt put upon the affair of the tacking, and of the Occafional 
 Bill, as well as of all hot men and hot meafuresj and this teftified by the 
 change in their eleftions of Parliament men, a new Parliament being then to be 
 chofen, in which fo general an averfion to the Occafional Bill, or any thing in- 
 vading the toleration, and particularly to the affair of the tack, appeared, that 
 in fpight of all oppofitions, a great number of the tacking members were thrown 
 out, and fuch a change of men appeared in the next Parliament, that whereas 
 in the other -Parliament, the high-party had a majority of fixty-two, or there- 
 about, for every thing they joined in ; on the firft trial of the ftrength of 
 the Houfe, which was perhaps the greateft that has been known of late years, it 
 appeared the whig-party had the majority by above feventy voices ; and thefe, by 
 the turning out leveral on the trials of eledlions, and other circumftances, rofe 
 up to be above a hundred j though after they feemed to lofe fome ground 
 again, but it did not laft. 
 
 Things being thus happily turned in England, and the firft ftep for the eftab- 
 lilhing and fettling this new party in their feats of management taken, it was 
 wonderful to fee the change it made in all the afl^airs of the nation, how every- 
 thing fucceeded, unheard of viftories abroad, unufual cheerfulnefs at home> 
 and a new face of profperity feemed to gild the affairs of the nation ; the feuds 
 of parties died in every place ; peace, union, and temper, began to be the com- 
 panion of every fociety j and the ancient animofities between neighbour and neigh- 
 bour, between friend and friend, which formerly crept, not into fociety only, but 
 even into our families, and our very beds, declined apace ; the Queen encou- 
 raged peace and love, and unity among her people, and preffed the nation to it 
 upon all occafions, and all good men began to encourage it by their examples. 
 
 In this general felicity of affairs in England, Scotland came into remembrance ; 
 her Majefty, as having an equal regard to the good of all her fubjedts, and as 
 being juftly 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 felicitous for the removing the obftruftions which lay in the way on either fide. 
 
 When the wifett heads in both nations had been confulted with on this article, 
 though opinions differed, yet no medium could ever be found fo effedlual to fe- 
 cure this peace, and remove all poffibility of a frafture, like renewing the Treaty 
 of Union. 
 
 And thus I am brought down to the general article of the treaty, by the mere 
 thread of the ftory ; the feuds of pafties, the folly of ftatefmen, the fury of rab- 
 bles, and the general reviving of the old animofities between the people, had 
 been fcrewed up to a dangerous height, as is noted already, by that veiy party 
 
 who
 
 INTRODUCTORY OF A TREATY OF UNION. 91 
 
 who had on all occafions fliewn themfelves enemies to the prefent eftablifhment, 
 and future peace even of both nations ; and by this method they thought they 
 had rendered the fucceflion to both crowns imprafticable for the Houfe of Hano- 
 ver, and fecured an inevitable rupture between the nations whenever it fhould 
 pleafe God to remove her Majefty out of this world. 
 
 But great are the wonders of infcrutable Providence ; thefe very fchemes, con- 
 trived in tlie deeps of infernal malice, brooded on by that party who ever en- 
 vied the liberty of Proteftants, and the tranquillity as well as privileges enjoyed 
 by the people of this whole idand, and hatched by the warm influence of a 
 reigning party, by which they flattered themfelves, they had effeftually over- 
 thrown the projeft of an Union of the kingdoms, made their coalition impofTible, 
 and all fchemes projefted for it imprafticable ; I fay, thefe very^ things made 
 way for that fame Union, they were calculated to deftroy. :> .. • 
 
 The hgight thofe meafures I have been fpeaking of was brought to, made, as 
 it were, a forge upon both nations to come to this treaty. 
 
 It was now but a few months to come, when the nations muft direftly fall 
 9.Ufj Englifli men of war mufl: be fitted out to cruize upon the Scots, and we 
 that confented, or at lead did not fcruple to have the Dutch carry on a free 
 trade with France, mufl: go and fight with our own brethren for itj whereas, 
 had ^e been in our trading fenfes, we would have done it ourfelves. 
 
 The crifis things were come to now, was fuch, that they could no longer 
 ftand ^t a fl:ay, but we mufl: fall out with the Scots, or unite withth.emj all 
 methods to bring them to fettle the fucceflion without a treaty had been in vain 
 ufed by the party before, who would gladly have tricked them into it, buf^ the 
 Scots were too wife to fall into that fnare. ' . > - 
 
 The prefent Minifl:ry were for fairer dealings with them, at the fame time 
 wifely concluding, that to gain of the Scots what they ought to grant, it was 
 reafonable to grant to the Scots what they ought to have ; and that a treaty 
 with them might be made eff^eflual, the only way was to fet about it upon an 
 honefl: foot, and then purfue it fincerely, and not upon fliarping and tricking 
 on either fide, as before. 
 
 But there yet feemed to lie one invincible obfl:ru<5tion in the way of this 
 treaty, and that was the aft of Parliament paflfed in England the laft: Sefllon, 
 which, as before noted, had declared a kind of war againfl: the Scots, in cafe 
 they did not come into the fucceflion by fuch a dayj and upon the firfl: motion 
 to a treaty, the Scots declared they could not enter into any treaty with England 
 till that a6l was repealed. 
 
 This had indeed a great deal of reafon in it, and fuch as could not be with- 
 
 fl:ood, for the honour of the Scots feemed very much impaired in that aft, and 
 
 that they could not come to a treaty upon equal terms while fuch a law fl:ood 
 
 \ N a in
 
 92 OF AFFAIRS IN B OTH KING D O M S, 
 
 ih force upon them, which feemed as if it had been a fword over their heads 
 drawn to awe tliem into a treaty. . 
 
 The Queen, who was refolved, if poffible, to bring this great event to pafs, 
 and' who ftrove to doit fo, as might give all her fubjefts fatisfaftion, undertook 
 to clear up this difficulty ; and at the next Parliament which met in England, 
 Odlob. 23, 1705, in her fpeech to both Houfes, recommended the taking away 
 of this ob(!:ru£tion, by repealing that aft, in order to introduce a treaty of 
 Union, which her Majefty faw now more clearly in view than ever before. 
 - 1 know there were ftrong ftruggles in England againft repealing this a6t, 
 and that chiefly without doors, the party forefeeing, that if this ftep was taken- 
 in Parliament, the Uni6n which they really dreaded, would of courfe come upon 
 the ft age ; to this end it was reprefented as difhonourable to make fuch an 
 advance to the Scots: That it was an infulting of England to have the Scots 
 fay, they would not treat with her till fuch and fuch conditions were per- 
 formed ; — that this was letting the Scots prefcribe preliminaries upon Eng- 
 land, and if England complied, 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 afk this as a preliminary ; that the 
 treaty would for ever be fubjeft to this objeftion ; that it was not free, but 
 done under the terror or force of that adt of Parliament; that, as it was not 
 Tionourable for the Scots to have a treaty forced upon them under fuch circum- 
 ftancfe's ,-'=fa neither was it honourable for England to force a treaty upon them ; 
 that the aft was unreafonable in its own nature ; that England could have no 
 pretence but mere 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 
 adl of Parliament palTed by the Queen, and was not inconfiftent with, or con- 
 travening any treaty or contradt with England; that Scotland was under no 
 treaty of commerce, or under no obligation to trade, or not to trade as England 
 did. That as to the confederacy, and the war in which they were embarked 
 with England, that laid them under no obligation, fince the Dutch were in the 
 fame confederacy, and yet openly proclaimed a free trade with France ; nor did 
 the Englifti pretend toobftruft them in it; that Scotland was as independent of 
 the Englifh Government as the Dutch, and ought to be at liberty to trade un- 
 molefted as well as they. 
 
 Thefe arguments, backed with an Adminiftration of government now quite 
 recovered from the tyrannical principles of thofe formerly in power, foon 
 influenced the Parliament to repeal the aft, and take this ftep by way of ad- 
 vance to the Scots, by which they let the Scots fee they were in the hands of 
 their friends, that now they might expeft fair dealings, and had room to treat 
 with freedom and honour. 
 
 A. This
 
 INTRODUCTORY OF A TREATY OF UNION. ^j 
 
 This was a great mortification to thofe gentlemen who had promoted that 
 aft, who now, together with their whole party, fet thcmfelves with all their 
 artifice to oppofe the treaty in all its parts in both kingdoms j to raife fcruples, 
 imprint jealoufies, mifreprefent perfons and things, embroil councils, raife 
 fcandals ; and, in fhort, to do every manner of thing they could to embarrals 
 and obftruft the treaty; and in the firft place to prejudice the minds of the 
 common people againft the Union as fuch. What fatal fuccefs they had; 
 how they carried it on, even beyond the conclufion of the treaty ; with what 
 difficulties it was encountered; how begun, how carried on, how finifhed, and 
 how fince aflaulted, and with difficulty engugh prefervedj will be the fubjedl of 
 the enfyihg fheets, ^J. ' , ;, 
 
 OF
 
 :ij '^0 yta3'>:t a lO ; '.OUCnr^rin 
 
 :i'.;jfOg 
 
 O F ;;T M'K 
 
 L A. S- -^gr T R .,E A T Y, 
 
 THE U ISJ^ I O N. 
 
 OF THE TREATY IN LONDON. 
 
 J. AM now come to the great and capital treaty, which has at laft, by the 
 biefllng of God, been brought to a happy conclufion. 
 
 I am not infenfible that, in the ftrange variety of circumftances, changes of 
 profpefts, the turns of management, the accidents and niceties, with which it 
 has been carried on, the infinite difficulties the zealous promoters of it met with, 
 the reftlefs attacks of a ftrong party to difappoint it, who never gave over their 
 ftruggle ; no, not even after it was done : In this labyrinth of untrod paths, 
 I may eafily mifplace fome things, and omit others ; and I cannot but introduce 
 my account of it with this caution, that, though I believe no man can have col- 
 lefted with more care, nor has had the opportunity to remark things with more 
 advantage, having been eye witnefs to much of the general tranfaftion, and 
 furnilhed, by the beft hands, v/ith every moft fecret affair in the carrying it on; 
 yet many minute things may have paffed my pen, which it is impofilble for me 
 to atone for, but by making this provifo, that the reader may be affured ho- 
 thing material can have (lipped me ; and I have ufed ail necciTary caution to 
 furnilh myfclf with the whole truth of fadt, whatever omilllon of circum- 
 ftances I may make an apology for. 
 
 I have already related the ilTue of the treaty begun the firft year of .the Queen, 
 and made my obfcrvations of the reafon of its mifcarriage. It may be obferved 
 that, her Majefty underftanding the true reafcns of thedifappointment, which it 
 was thought lay in the perfons treating, particularly on the Englifli fide, whofe 
 difpofition to finifli it for the public good, it was fujjpofed, did not appear at all to 
 her fatisfadion, in which I have farther already explained myfelf, obtained a 
 
 a new
 
 PROPERLY CALLED THE UNION. 95 
 
 a new aft of Parliament in England, and the like in Scotland, impowering the 
 Queen to appoint Commiflioners on either hand, to treat of an Union between 
 the two nations. 
 
 And here it is neceflary to obfervc, how well the ground-plot of this work 
 was laid, that all obftacles might be removed, which might threaten it with 
 another abortion: It had been noted, that the mod dangerous rock of diffe- 
 rence, on which 'this Union could fplit, and which could now render it ineffec- 
 tual, was that of religion : Here it was certain they could never unite, and the 
 breach therefore being irreconcileable, the beft courfe that could be taken with 
 it, was to let it quite alone, as a thing neither fide fliould meddle with at all, 
 and confcqaently the jcaloufies and fufpicions on both fides mufl vanifh, and 
 the great obftruftions which the enemies of the treaty relied on for its mifcar- 
 riage were at once removed. 
 
 This was a mafter-piece of policy, and fliewed that her Majefty had other 
 perfons to confult with, and had taken other meafures than beforej and gave 
 people very early imprefTions of the fuccefs which has fince appeared. 
 
 But there was yet fome political difficulty to pafs; and here, being to tread 
 truth almofl on the heels, thofe readers that are willing to have it told plainefl 
 mull: excufe me for naming people's names. I have avoided, on all occafions, 
 the mixing fatire and reflexion in this relation, as much as pofTible. 
 
 The political difficulties I fpeak of here, and which I think gave the greateft 
 fhock to this affair, confift of two parts, 
 
 I. Succeflion. 2. Nobility. 
 
 The vehemence with which the feveral parties, who managed thefe topics, 
 afted their refpeftlve and exceedingly remote profpefts ; and by what ftrange 
 myftery concurring Providence, like the wheel within all their wheels, centered 
 them all, in uniting the nations, as it is a fecret hiftory few underftood, and may 
 be as necefTary as diverting; fo the heads of it may be viewed in the following 
 fcheme. 
 
 I. The Succeffion being the main thing that lay at the bottom of everyone's 
 projeft, I fliall firfl fpeak to the particulars of that. 
 
 There was a party in both kingdoms, but moft powerful in Scotland, whofe 
 defign was principally and direftly againfl the Proteftant fuccelTion, as fuch; 
 thefe we mufl allow to be fetting every wheel at work, and afting with all their 
 power and policy againfl every thing which looked that way. 
 
 When they faw it convenient, they afted againfl an Union in its general term, 
 and frequently fbme of the lefs politic of that party let fall the excrefcence of 
 their principles, in direft terms, and pamphlets were wrote upon that fcheme -, 
 fuch as one fhewing the necelTities of a war with England, &c. another fliewing 
 the advantages of an Union with other nations, and France in particular ; 
 others argued continually the mighty terms, and the advantages of commerce, 
 
 Scotland
 
 96 .. • -O F T H E li^'SiT. T ;R E A T Y, 
 
 Scotland might obtain from Fra(nce J and p'ot only propofed them as equiva- 
 lent to the trade with England, but runon to fuch weak extremes, as to fay, 
 that Scotland made no advantage of her commerce with England; 
 
 Butthefemay well be faki jto be-thelefs politic partiof thefe gentlemen, who 
 were in the defign above; for they, loft ground, even'againft the Union itfelf, 
 by it ; and when the Comnnictec of Parliament, appointed to examine the exports 
 and imports; reportedi That Scotland exported to .England. above 200,000 
 pounds; fterling per aianuiri, in linenj ca^ttle, .&c.;the :ii$^orts'from thence ap- 
 peared fo fmall," that the obje,<3:ors dropped their arguments upon that head j. -and 
 learned to talk with morp caution. ; 
 
 Bufthe more fubtile managers of this defign againil the fuccefTion, went on 
 by different meafures, and. with great policy they afted every party, as far as 
 they thought they could be brought in to be fubfervient to their defign. 
 
 Thus firft feeming to quit their dired oppofition to the fucceffion, as a' thing 
 too open, and too much clafliing with the temper 'of the time, they fall in with 
 that party, who were for the fucceffion. with limitations ; not that they would 
 have, concurred with the event, h^d thefe 'limitations been never fo great, but 
 that, in their debating the limitations, they might find room to clog the fuc- 
 ceffion itfelf, in fuch manner as the other party could by no means accept of it. • 
 
 From the fame principle proceeded that famoijs refolve in their Aft of Secu- 
 rity, by which the fucceffion met ^yith two invincible obftacles, from wJiehcc 
 they knov, fome time or other, new dilputes mult arife,: i. That no fucceffor 
 at all fhould be named, till after the Queen, 2. That when it wasi named, it 
 fhould be with this limitation, that it fhould not be the fame tliat fhould fucceed 
 to the kingdom of England. 
 
 This was a mafter-piece of policy, and had the mofl fpecious pretence in the 
 world, viz. The hardfliips wliich Scotland' had fuffered under the influence of 
 England in matters of .commerce and fovereignty ; and therefore it was added 
 immediately upon the faid claufe, " Unlefs that in this prefent Seffion of Par- 
 " liament, or any other feffion of this, or any enfuing Parliament, there be fuch 
 "conditions of government fettled and enafted, as may feciire the honour 
 "and fovereignty of this crown and kingdoms the freedom, frequency and 
 " power of Parliament; the religion, liberty and trade of the nation from Eng- 
 " li(h, or any foreign influence." See the .Adl of Security printed in'tlie Appen- 
 dix to this work, No. i . 
 
 The running things to this height in Scotland, put every party's meafures to 
 a full flop J the gentlemen who were againft the fucceffion in general, and of 
 whom I am now treating, had moft efi'cdtually carried their point ; for as they 
 prefumed England could never come in to fuch a treaty as they demanded, fo 
 they had effedually foreclofed the fucceffion of Hanover, by determining, that 
 the fuccelTor of England and Scotland Ihoukl not be die fame. 
 
 And
 
 PROPERLY CALLED THE UNION. 97 
 
 And it is remarkable to note here, how univerfally all thofe gentlemen, whofe 
 aim was againft the fucceffion, fell in with thofe whofe defign was only to have 
 advantageous terms from England for it. 
 
 But this very point gained, brought about the main work; and the contraries 
 that concurred in this aft, though from clafliing interefts, by the flrange circu . 
 lation ofcaufes, worked all together into another extreme, which none of them 
 defigned, and that was the Union. 
 
 Upon the pafling the Aft of Security, England grew very uneafy ; and not to 
 mention the common apprehenfions of tlie people, nor how, and by whom they 
 were encreafed and fomented, the aft of Parliament pafled, intituled, " An Aft 
 " to prevent the dangers arifing from the Aft of Security in Scotland, &c." is 
 a demonftration of what the tendency of thefe things would be ; for this aft, 
 which I have alfo, for the better underftanding of the ftory, abridged and printed 
 in the Appendix, No. 2. brought both nations under the neceflity of a war by 
 the Chriftmas following ; the Englifli being then obliged to fit out a fleet, to 
 interrupt the Scots commerce, if their Aft of Security was not repealed. 
 
 Things being brought to this extremity, the only remedy that thofe who wifhed 
 well to both nations could contrive, was to revive a treaty of Union, and fet 
 heartily about it, — and the firft ftep the Queen took towards it, was to propofe 
 it to the Scots Parliament, who voted, — that they could enter into no treaty 
 of Union, till that aft of Parliament mentioned above was repealed in Eng- 
 land. 
 
 Though this was a very bold refolve, yet the Queen, who faw fome reafon- 
 ablenefs in it, managed things with fo much wifdom and moderation ; and the 
 Parliament, who faw with differing eyes from the other, and was of a quite dif- 
 fering temper, found fomething fo fevere and fo hard upon Scotland in that aft 
 of Parliament, that they made no difficulty to make that ftep in advance to 
 Scotland. 
 
 Upon this foot turned the firft appearance of the Union ; now let us fee how 
 the parties managed themfelves on all fides. 
 
 The inclination on botli fides to an Union, however afterwards managed, 
 feemed fo univerfal, that the party I am fpeaking of, thought it was not pro- 
 per to appear againft it direftly ; but afting ftill under diiguife, they puzzled 
 the caufe, firft, with the wild debate of a federal Union, or an Union partial 
 and imperfeft ; and thus they fell in with the party who were for the Union, not 
 that they had the Union in their defign, but becaufe they thought the thing 
 imprafticable in itfelf ; that it would make the people fceptic in Government j 
 and that {o it would certainly mifcarry, and the fuccefTion would be loft that 
 way. 
 
 Accordingly the limitations were by fecret influence oppofed, and the fcheme 
 
 O of
 
 98 OF THE LAST TREATY, 
 
 of fucceflion laid afide to go upon the chimera of an Union, as they thought it 
 to be ; and I could be very merry with fome gentlemen here, upon the banters 
 and jefts they always treated the fcheme of an Union with, as a thing they little 
 thought would ever be licked into any fhape, or ever obtain upon the nations 
 to pafs into a law. 
 
 Thus I have brought the remoteft party, who were downright enemies of the 
 Union, to fall into it ; from whence, let their defign be what it will, I muft tell 
 them, they did it this fervice, that it made the Union very popular, however 
 it came to be otherways afterward. 
 
 I come next to the difficulty about nobility, and this worked in to an Union, 
 by, as it were, a natural confequence ; for the antient nobility finding their fway 
 with the people leffened, and their power, as well as their honour, eclipfed 
 by the crown daily creating numbers of what they called upftart Lords, were 
 eafily engaged in limitations, to prevent their future Monarch's encreafing the 
 numbers of their rank, to the diminution, as they took it, of the antient families. 
 
 But when they came to confider the fcheme of diftinftion made for the repre- 
 fenting the nobility in a Britifli Parliament, they were the more eafily brought 
 into the Union, as an effe6tual flep to prevent the reducing their honour, by 
 multiplying their numbers, and aS a thing which would feem to diftinguilh them 
 from fuch of the modern nobility, which they reckoned already a burthen to them. 
 
 Next, among the Whig intereft, and who were really honeft in their defigns 
 for the general good, were yet two parties. 
 
 One party, without refleflion on any, had taken a juft umbrage at the grow- 
 ing power of a certain great man ; and as they had reafon to ward off perfonal 
 refentments, in cafe their figure was diminiflied ; and having their true intereft 
 in view, together with the public good, efteemed it their good fortune, to have 
 them both ftand upon one bottom j and thefe gentlemen came heartily and honeftly 
 into the meafures of the Union. 
 
 Another party were for the fuccelTion limited, &c. but not for the Union j 
 thefe brought the former firft to them, thinking they would rather be for the 
 fucceffion, 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 fucceflion at any 
 rate; and therefore, till this junfture, they had efpoufed that party in Scotland, 
 who were for the fucceflion, though with limitations ; and this the more eafily 
 brought thofe gentlemen into the Union, fince there they fecured the fucceflion, 
 and had the Englifh limitations confirmed, which they knew and acknowledged 
 were better than their own. 
 
 Thus the two Whig parties joined, and the Duke of Queenfberry, who had, 
 in concert with her Majefty and the Englifli court, removed all the feeming 
 
 difficulties
 
 PROPERLY CALLED THE UNION, 99 
 
 difficulties on the part of Scotland, appearing publicly for it, the Union, as I 
 have already noted, grew very popular ; the Court and the Whig Lords concur- 
 red in the general good, the Jacobite in'tereft was abandoned, and the Union 
 grew up between all the extremes as a confequence ; and it was merely formed 
 by the nature of things, rather than by the defigns of the parties. 
 
 Things being brought to this pafs, the a£ts of Parliament pafled, and the Queen 
 impowered to name Commillioners ; I fliall purfue the proceedings in order as 
 they lie before me, and make the needful obfervations as I go. 
 
 The refpeftive afts of Parliament for this nomination, as abfolutcly neceflary 
 to the better underftanding of the cafe, and laying a regular fcheme of the 
 whole matter before the eye of the reader, I have annexed in the colledtion 
 herewith marked. 
 
 They that had fo wifely contrived the beginning of this work, could not be 
 at a lofs to find out proper perfons for the managing the treaty in botli king- 
 doms ; and therefore it was not long before her Majefty named the Commif- 
 fioners for both kingdoms, whofe names we fliall prefently come to. 
 
 I fliall not defcend to encomiums on the perfons of the treaters, for I am 
 not about to write panegyrics here, but an impartial and unbiaflied hiftory o^ 
 faft. But fince the gentlemen have been ill treated, efpecially in, Scotland, 
 upon this very head, charged with fl:range things, and expofed in print by fomd 
 who had nothing but their averfion to the treaty to move them to maltreat 
 them; I mufl: be allowed on all occafions to do them juftice in the procefs of 
 this ftory. And as I muft own, that, generally fpeaking, they v/ere perfons of 
 the greateft probity, the beft characters, and the fteadieft adherence to the true 
 intereft of their country, fo their abilities will appear in every ftep taken in fo 
 great a work ; the bringing it to fo fliort a conclufion, and that in fo little 
 time ; the reducing it to fo concife a form, and fo fixing it, that, when all the 
 obflrudlion imaginable was made to it afterwards in the Parliament of Scotland, 
 the mountains of objeclion, which at firfl: amufed the world, proved fuch mole- 
 hills, were fo eafily removed, raifed fo mucli noife, and amounted to fo little in 
 fubfl:ance, that after all was granted that in reafon could be demanded, the 
 amendments were fo few, and of fo little weight, that there was not one thing 
 material enough to obtain a negative in the Englifli Parliament. 
 
 I cannot but obferve here, that even thoft amendments were not made by rea- 
 fon of any omiflion in the treaters; but the Parliament found the oppcfing 
 party to the fuccefTion had tv/o handles to lay hold on in Scotland, and there- 
 fore in prudence gave way to fuch amendments as they had the Icaft reafon to 
 juftify. Thefe two heads, which I call handles againft the fuccefilon, were, 
 
 I. Strength of party, by which they hoped to carry it at once, and throw 
 out the treaty brevi manu ; and this they endeavoured to form upon a general 
 
 O 2 diflike.
 
 TOO OF THE LAST TREATY. 
 
 dinikcj they having blackened it with the mark of a thing difhonourable to the 
 fovereignty and the independence of the nation. 
 
 2. If they found that would not dd, then to load it with fuch ridiculous 
 an:iendments, as they knew would cauie it to mifcarry in the Englifli Parlia- 
 ment ; which they alfo thought would give Scotland great advantage, and in- 
 creafe the animofities in Scotland againft the Englifli, when the rupture fliould 
 appear to be from England, and the moft reafonable conceflions of Scotland be 
 rejeifted by them. 
 
 But both thefe proje£l:s failed them ; the firft was effeftually anfwered by the 
 nature of the thing, and their ftrengch foiling them, they found they had cafl: 
 up their account falle, their motion being thrown out by a great majority in 
 voting the firft article, as will appear prefently. 
 
 The fecond, when they came to examine particulars, had not fufEcient 
 ftrength of reafon to fupport it ; all the amendments they could pretend to 
 were fo fmall, that, as above, the Parliament of England never thought it 
 worth their while to difpute them ; and the treaters themfelves, for the moft 
 part, went into thofe amendments as they were offered. 
 
 Indeed this was a difappointment to fome people, who made no queftion, at 
 leaft, to puzzle the caufe, and raife fuch difficulties as fliould require a remit- 
 ting the treaty back to Scotland ; and fo fpin it out in length, that the na- 
 tions might have leifure to form the feparate parties into fome order, and raifing 
 their friends on both fidts, if pofllble, bring it to a breach. And that I do not 
 pafs an unjuft cenfure, I refer the reader, among infinite pamphlets publiflied 
 againft this affair, to one very plain and bare-faced author mentioned before, 
 intituled, " The Necefllty of a War with England, in order to ctire the 
 " prefent Diftempers of the Times." 
 
 I fliould do the fomenters of the nation's divifions too much credit to trouble 
 the reader of this with any of their printed oratory againft this Union, much 
 iefs enter into any difquifitions upon the fubjeft of their clamours j but I may, 
 perhaps, touch upon the principal heads of their objeftions, and let the world 
 know alfo who were fome of the obje6tors. 
 
 When the afts were thus paflTed, and her Majefty had named CommifTioners 
 on both fides, and the work feemed to be going about in earneft, the learned 
 fcribblers of tlie age began to harrafs the world with their fchemes, and all the 
 mountebank ftatefmen of the times fet to work to propofe their wondrous me- 
 thods for cyring this antient diftemper of the nations, and ftriving to have it 
 faid of themfelves, who was forwardeft in the great work. 
 
 The induftry they difcovered, had in nothing a greater concurrence than in 
 this, that the whole crowd of writers, with an univerfal agreement, had die ho- 
 nour to be intirely miftakcn ; and not one of them had eyes to fee to the true 
 
 interefl
 
 PROPERLY CALLED THE UNION. lot 
 
 intercft of the nations ; every man, as in fuch cafes is iifual, eyed the refpeftive 
 interefts or advantages, as he thought, of the nation to which he belonged, and 
 fet himfelf to work to anfwer the objeftions of the other; defending, arguing, 
 and fatiguing their own heads, and their readers, with the confufed labyrinths 
 of their own projefts ; but not once touching the true ftring, which, with a na- 
 tional unifon, would have immediately founded out the harmony of general 
 peace. 
 
 Nor am I at all arrogant in faying, they were all fo generally miftaken in 
 their notions of what this Union fhould be, fince, as 1 have faid, every one fell 
 to arguing the fingle and feparate advantages of the nation they belonged tO; 
 infifting on their politic notions and wife fchemes for their refpeflive advan- 
 tages ; but, n-ot one, that I met with, ever entered into the true and only notion 
 eflential to the Union ; I mean the principle of felf-denial ; how far either na- 
 tion was to condefcend and advance to one another, how the prefent Union 
 confifted, not in gaining advantages on either hand of one and other j but in 
 abatements, in giving each other advantages, in yielding up privileges, opening 
 the treafures and ftrength of either nation, to the good and benefit of the whole. 
 
 They never dreamed, that to unite, was, in itfelf, a full and a general retri- 
 bution for every flep taken from one fide to the other; that a new national in- 
 tereft was to be erefted ; and that giving or conceding rights, advantages and 
 interefts, whether in commerce or in privileges, was lofing nothing at all ; but 
 was like a man giving prefents to a lady, whom he defigns to make his wife; 
 which is but taking his money out of one pocket, and putting it into another; 
 or like a man fettling his eftate in jointure on his wife, which is ftill his own, 
 and is effectually fecured for his poflerity. 
 
 The gentlemen muft 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 fpirit of Union in their minds, nor the knowledge of it in their 
 heads ; and this run them upon wild dilemmas, and dark fchemes of federa- 
 tions and confederations ; this fent them to Belgia, Helvetia, Polonia, and I 
 know not whither, for examples, for fchemes, precedents, and I know not 
 what ftrange fyftems of national Unions ; all which, I muft take the liberty to 
 fay, were as wide from the only ftep that could make thefe nations happy, as 
 the eaft is from the weft, tended to nothing but confufion of interefts, national 
 jealoufies, and in the end war and deftrudtion. 
 
 Thefe gentlemen were for making bargains between the nations, not for 
 bringing two great and mighty kingdoms into one vaft united body, the fame 
 in intereft, the fame in profpedt, the faine in every fubftantial conftituting part. 
 The advocates of either people talked like counfellors pleading for their clients, 
 
 not
 
 loa O F T H E L A S T T R E A T Y, 
 
 not like two friends that were ftriviag who fhould part with moft, for the intcrefl 
 and engagement of the love of each other. 
 
 In fhort, the Union has been brought to pafs, not by gaining from, but by 
 yielding to one another; not by making conditions and advantages of one an- 
 other, but by conceding to one another ; one part opens the treafures of their 
 trade, the other ftruggles to bear their Ihare of the weight and burden of ex- 
 penfive and bloody wars ; this part yields up one thing, that abates another, 
 and mutual condefcenfions, not mutual encroachments, have brought this work 
 to pafs. 
 
 And here lies the great myfteryof the Union ; tliey thatthink ftrange of the cir- 
 cumlocutions the wifeit heads have taken, may find them here ; they that enquire 
 into the reafons of former mifcarriages, may find them all here. If there was any 
 want of temper ; any mutual diftrufts ; any fecret murmurs of parties ; any 
 jealoufies of confequences ; it was all to be found here : That the people who 
 debated thefe points, never looked beyond the prefent ftate ; never confidered 
 the conjunfl capacity of the nations; never drew the balance of interefts, 
 or ftated the affairs of both nations into one account current. 
 
 Had they ever done this, they would have feen that monfter, as they called 
 the Union ; a moft beautiful creature ; admirable in its contexture ; agreeable 
 in its figure; fquared lilce a moft exquifite piece of architefture, both for 
 ornament, ftrength and ufefulnefs : They would have feen it a compleat circle; 
 all the lines of which were drawn from, and depended upon one general centre 
 — the public good; a mighty arch, every ftone of which mutually contributed, 
 not to its private fupport only, but to the ftrength of the whole. Here is the 
 true original of the Union ; and the wifdom of the treaters on both fides, was 
 in nothing more confpicuous, than that they came to this treaty furnilTied with 
 the true notions of what they were to do, and confequently, the propereft and 
 only method for the doing it could not be concealed from them ; and we cannot 
 but obferve, that, through all the courfe of the treaty, the gentlemen kept 
 themfelves clofe to this principle, to yield to one another in every thing, which 
 the nature of the Union they aimed at required, and the nature of the thing 
 before them would pofTibly permit. 
 
 I muft confefs, to me, all the notions of federal Unions, guarantees, and 
 everlafting peace, which our feveral writers filled our heads with, while the 
 treaty was appointed, but not yet begun, appeared to me as impcrfcd cmbrios, 
 falfc conceptions, and births that muft end in abortions and difappointments. 
 I will not fay I liad forefight of events enough to prcfcribc wliat methods 
 fhould be taken, or what iflue would be produced from the treaty then in view; 
 but this I took the freedom always to tell the world, that it muft be a general, 
 compleat, intire and indiflulvablc Union of interefts and parties, depending 
 
 upon
 
 POPERLY CALLED THE UNION. 103 
 
 upon equalities of privileges, and equalities of burdens; equalities of profpecEts, 
 and equalities, if pofTible, in defiresj or that it would be imperfeft in its parts, 
 and confufed in its whole. 
 
 I know one realon why this fort of Union was lefs thought on, than perhaps 
 it would have been, was, becaufe the gentlemen, when they came to examine 
 what had ever hpea attempted this way, found nothing of a full and intire 
 Union, but that under the conqueft of the Parliament times; — and, alas I 
 fays one, this mull be rendered fo odious, becaufe it was the work of a tyrant, 
 an ufurper, and what not, that nobody could bear to recommend it ; and if at 
 any time a man was driven by the neceflity of his judgment, the convidtions 
 of his reafon, and the confequences of argument, to come to the borders of 
 that fcheme, he would ftart at the hint, as if he had been a fpeftrum, and fly 
 even from his own reafon, becaufe it concurred with what was hit upon by the 
 man and the people he did not approve. 
 
 And why will you go by Whitehall, gentlemen, where fo many wicked rebels 
 triumphed over their Monarch ? Why will you ufe the navy ; nay, fome of the 
 very fhips, with which the fame Oliver Cromwell beat your neighbours ? 
 
 If Oliver had not been a mafter of politics, he had never been Oliver Crom- 
 well in the terms we are now talking of him ; and becaufe he hit upon the only 
 ftep that could be taken to fix the Union of the two nations, muft we rejeft 
 it, and rather deftroy the kingdoms, than clofe with his unhallowed method ? " 
 
 Reafon and the nature of things guides all men, whofe eyes are open, to the 
 fame methods, when they are purfuing the fame defigns ; let Oliver Cromwell 
 be what he will, and who he will, it is no part of my bufinefs here ; take him 
 in all the blackeft figures he can be reprefented; — what was the end he 
 purfued in his uniting Scotland to England ? — It was fo to join them, that both 
 parties being made entirely eafy, might, without hefitation, fubmit themfelves 
 to his otherwife 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 eafy ? — So far his 
 project may be good for us^ without fo much as touching upon the parallel. 
 
 The bufinefs of the Union was, to make the nations eafy, to put them in a 
 ftate of mutual advantage ; if forty tyrants have purfued the method for it, 
 though with wicked defigns, it was for us to take the method, and mend the 
 defign, as much as we could. 
 
 Oliver Cromwell made a conqueft of Scotland,— well, and what then ? — 
 Let thofe people, who have talked fo much of an Union of fubjcdion, and 
 conquering Scodand, go back thither for a precedent; Oliver Cromwell knew 
 as well what belonged to conqueft, as any body in this age will pretend to ; 
 nor was he lefs politic in keeping, than terrible in obtaining ; and what did he 
 
 refolve
 
 X04 OF THE LAST TREATY, 
 
 refolve all his northern conqueft into ? — Nothing but Union, the beft concerted, 
 the beft executed, the beft approved, that ever this ifland law till now; nor 
 could all the heads in Chriftendom have formed the prelent happy Union, but 
 from the fchemes of thofe times. 
 
 If ever nation gained by being conquered, i-t was here; they were fubdued 
 firft, and then made happy; and Scotland fiourifhed ; juftice had its uninter- 
 rupted courfe ; trade increafed; money plentifully flowed in, and all under 
 what they called tyranny and ufurpation ; all under a ftanding army, Govern- 
 ment, and with all the difadvantages that can be imagined from fuch a conllitu- 
 tion, as tended to fubjedion, not liberty ; poverty and mifery, not peace and 
 plenty. 
 
 And what was the foundation of all this ? Nothing but the natural produdt 
 of common reafoning ; he found that the only way to prefcrve the conqueft he 
 had made on the powers of the nations was to make a conqueft of their affec- 
 tions ; that the only way to do this, was to let them fee their intereft and hap- 
 pinefs in his Government ; and that this could only be brought to pafs, by 
 uniting and entirely incorporating the nations into one; communicating peace, 
 privileges, and all polTible advantages to them ; and thereby letting them fee 
 the true way to their profperity, 
 
 Neman will fay this was not the moft politic ftep he could take; and muft 
 we contemn the method, becaufe we cannot be reconciled to the man ? — Cer- 
 tainly if Union and incorporation of interefts was able to make the nation 
 happy, under aftanding army, and an abfolute Government as that was (things, 
 in their nature, inconfiftent with liberty and national profperity), it muft be 
 much more capable under ajuft and limited Government, where law governs 
 the very adlions of the fovereign, and all the branches of power are fquared by, 
 and fincerely employed for the public good : and it can be no lefTening the 
 value of any true fcheme of national management, that a perfon ufed or con- 
 trived it, that we call a tyrant, or an ufurper. — Let him be ever fo much a ty- 
 rant, he fliewed he had the true fpirit of Government in him by this; that he 
 knew the only way to make his Government fitfe was to make it eafy; and to 
 have the people quiet, was to make them happy ; and this he did by Union, an 
 intire incorporated Union ; — and the event proved his mcafures were rightly 
 taken. 
 
 Our end is now the fame, though our views are differing; to make the peo- 
 ple happy is the end : — If Union be the way, why is it to be liked the worfe, 
 becaufe Oliver Cromwell drew the fcheme ? 
 
 I have made this digrefTion, not purely to fliew how our writers came to be 
 
 miftaken in their fchemes, and why they never hit upon tiiis draught in all their 
 
 propofals, though that introduced it ; but alfo to prove, that this intire incor- 
 
 4 poratin^
 
 PROPERLY CALLED THE UNION. 105 
 
 porating Union has in itftlf the feed of national felicity, in that it wrought then 
 diat wonder which the world can rarely produce, viz. liberty in tyranny, prof- 
 perityin conquefl, and a nation faved even in being fubdued. 
 
 Could it produce this wonderful effeft then, much more muft it be fuppofed 
 capable now -.—And, I am perfuaded, no man in his fenfes will like-the efFe£t 
 of the prefent Union the worfe, for its receiving any of its parts from the 
 politics of thefe times, if the happinefs of the prefent time may be fecn in it. 
 
 And here I muft own, that the prefent Union has fome advantage, though the 
 nations have paid dear for the experiment, in that it has been formed upon 
 the foot of all the moft politic fchemes of former times ; and all the mifcar- 
 riages of former treaties have been as warnings to furnifli the experience of 
 thefe times to make them wary, and inftrudt them how to avoid the rocks that 
 others fplit on. ' 
 
 , I have now brought the treaters to London ; their names, and the Commiffion 
 for them refpeftively to treat, I have inferted in the minutes of the treaty, as 'it 
 was laid before the Parliament of Scotland, and immediately following this part. 
 When they firft met, they hardly knew what meafures theyfliould takt; they 
 knew what bufinefs they came to do, but, I dare fay, the gentlemen will bear 
 with me in faying, they could not forefeethe manner and manageoient that fol- 
 lowed ; and it was a pleafing furprife, to find all fides and parties to agree, in 
 leaving all politic methods formerly ftudied, rather to delay and defeat the 
 defign of an Union than to compleat it ; and to fall in heartily to confider, as the 
 general thefis, v/hat could conduce moft to the main defign of their meeting, 
 The Union -, and, in order to this, they refolved not to ' ftudy advantages 
 againft one another J nor to demand, on either fide, any thing but what was 
 agreeable to both kingdoms, in their united capacity : This was a happy indi- 
 cation that both fides came together with a true fpirit of the Union among 
 them; that they fincerely intended to apply themfelves to it, with the utrnoft 
 diligence, and to purfue it by all the moft proper methods to bring it to pafs; — ^^ 
 the very contrary extreme of which is what, as Ihaye already noted, has been 
 the principal occafion of the mifcarriage of all the former treaties, and which 
 good men were very much afraid of now. 
 
 Before they met in public, fome of the Commiffioners on both fides had a 
 meeting among themfelves, privately to confider of the method of jiroceeding. 
 And here it was firft debated, in what manner propofals fliould be delivered 
 and received ; fome were for having conferences of every thing that fliould be 
 propofed, for the convenience of free reafoning; others objefted againft that 
 as tedious, and offered as the moft expeditious method, that every thing fhould 
 be delivered in writing, and then the CommifTioners, relpedively meeting japarc, 
 might reafon among themfelves, and give in their refolutions the more per-feclj 
 —and this was agreed on by both parties. 
 
 P This
 
 io6 OF THE LAST TREATY, 
 
 This is the caufe, that, in the minutes of this treaty, we have little of their 
 private reafonings recorded j fince, their having been thus by themfelves, they 
 have not been noticed fo, as to come to light in any regular manner. 
 
 There was but one public conference, which was defired by the Commif- 
 fioners for Scotland j and this was about the number of the Scots Reprefentatives 
 in Parliament; and in this it is impoffible to get the particular arguments ufed on 
 both fides. The particular perfons on either fide were as follows : 
 
 ift. The Lord Treafurer of England, who opened the thing, and defired 
 the CommilTioners for Scotland to propofe their reafons, why the Englifhfhould 
 give a greater number than was mentioned. 
 
 Lord Chancellor of Scotland fpoke next, and gave reafons why they infifted 
 upon a greater number. 
 
 Mr. Secretary Harley replied to Lord Chancellor of Scotland. 
 
 The Lord Chancellor fpoke a fecond time, in anfwer to Mr. Secretary 
 Harley, 
 
 The Earl of Pembroke fpoke after, to what the Lord Chancellor had offeredk 
 
 The Earl of Stair replied to the Earl of Pembroke's fpeech. 
 
 The Lord Keeper fpoke next. 
 
 Sir David Dalrymple followed the Lord Keeper. 
 
 Duke of Devonfhire to Sir David. 
 
 And Mr. Seton of Pitmedden concluded. 
 
 The great defign of the arguments on the part of the Scots CommilTioners 
 were fummed up in this. 
 
 That they could have no precedent, as to the number of Reprefentatives, 
 argued from Oliver Cromwell's divifion; becaufe he was arbitrary, and neither 
 gave a juft reprefentation to England, or to Ireland. 
 
 That the prefent fcheme of taxes could not be the rule ; but, if the Repre- 
 fentative was to be meafured by the proportion of taxes, it was on their fide; 
 fince, immediately upon the Union, thofe taxes would be greater. 
 
 That, if any rule could be laid down, it ought to be an arithmetical propor- 
 tion, between the number of people and the taxes paid, confidcred on both 
 fides refpedively : in wliich cafe the Hollanders were brought as an example, 
 •where, if you take the people, without their circumftances of wealth, they bear 
 no proportion, becaufe their 1-iches are vaftly greater than their numbers : If 
 their riches are taken without their people, the difproportion would be as great 
 the other way. 
 
 Upon the whole it was concluded, there could be no certain rule to dire6l 
 
 their Lordfliips the CommifTioners, but the prefent circumftances of the nations 
 
 fhould be judged of by both fides, and fuch a Reprefentative to be allowed 
 
 as fiiould be agreeable to juftice in both. 
 
 Upon
 
 PROPERLY CALLED THE UNION. 107 
 
 Upon this debate, their Lordfliips retired on either hand ; and the next day 
 the Commiffioners for England brought in a propofal for a Reprefentative for 
 Scotland, augmented to forty-five Commoners, and fixteen Lords, which the 
 Scots Commiflioners acquiefced in, as will more particularly appear by the 
 minutes of the treaty, which are inferted at large, as they were extraded out of 
 the books of the Commiffioners, and beginning with the Commiflions refpec- 
 tively given to the perfons appointed to treat, as follows : 
 
 Jhe Commiffion to the Perfons a-ppointed for Scotland. 
 
 ANNA Dei Gratia, Magnje Britaniae, Francias &: Hybernise Regina, 
 fideique defenfor, &c. Omnibus probis hominibus ad quos prefentes 
 literal noftrs pervenerint, falutem -, quandoquidem Nos confiderantes immenfe 
 commodum omnibus noftris fubditis, per arftiorem and completiorem Unionem 
 Regnorum noftrorum Scotise and Anglias oriundum ; cumque per adtum Par- 
 liamenti difti Regni Anglic, anno Domini millefimo, feptingentefimo quarto, 
 iis perfonis, vel tot tali eorundem numero, qui a nobis nominarentur, and quos 
 Nos in hunc effeftum, pro quorum (ut loquuntur) ftatuerimus, plena autho- 
 ritas & proteftas concefla eft conveniendi & traftandi cum iis Commiflionariis, 
 authoritate Parliamenti Scotia; muniendis, de tali Unione ditlorum duorum 
 Regnorum Scotis and Anglias, ac circa qujecunque alia negotia, caufas & res 
 quse (debita deliberatione habita majoris partis diftorum Commiffionariorum 
 (ut pr^dicitur) congregatorum) una cum Commiflionariis authoritate Parlia- 
 menti Scotise muniendis, difti Commiflionarii noftro honori & mutuo bons 
 utriufque Regni in perpetuum convenientia & neceflaria, in eurum prudentia 
 judicabunt : Nofque edam ex Regia noftra afFeftione, & cura ad promovendum 
 foelicitatem omnium noftrorum fubditorum, tale infigne & bpnum opus pro- 
 fequi defiderantes & cupientes, Parliamento noftro Scotia Menfe Junii ultimo 
 elapfi commendavimus, ut cum didlo Regno noftro Anglias traftatus inftitue- 
 retur; in cujus profecutione perquartumaftumfenionis Parliamenti ultimo elapfje 
 decretum, ftatutum &ordinatum eft, quod ii, & quot eorum nobis vifum fuerit, 
 fub magno figillo didi antiqui noftri Regni Scotia;, conftituere & nominare, 
 plenan poteftatem, Commiflionem & authoritatem haberent, locis & temporibus 
 a nobis defignandis conveniendi ac congrandij ac cum talibus Commiflionariis, 
 authoritate Parliamenti Anglise muniendis traftandi & deliberandi circa ralem 
 Unionem diftdrum duorum Regnorum Scotise & Anglias, & circa qujEcunque 
 alia negotia, caufas & res quje (matura deliberatione habita majoris partis dic- 
 torum Commiflionariorum, ut prsedicitur, congregatorum) una cum Commif- 
 fionariis, authoritate Parliamenti AnglifE muniendis, fecundum tenorem eorum 
 Commiffionum eatenus conceflarum, didli Commiflionarii honori noftro & 
 
 P ■a ' - vnilitati.
 
 io8 OF THE LAS T TREAT Y, 
 
 utilitatij t>c mutuo commodo didtorum noftrorum Regnorum, in perpetuum 
 conducere judicabunt ; ac eciam quod difti Commiffionarii, pro ucroque 
 Regno, fecundum tenorem fuorum Comnnifiionum refpedive, fua adla & gefta, 
 in eadem materia, in tria diverfa fcripta aut inftrumentafingulatim ptr ipfos, aut, 
 eorum quorum fcribenda & figillanda redigent & digerent; in & ad hunc 
 finem, ut unum diftorum fcriptorum nobis, aliud diftorum fcriptorum Par- 
 iiamento Scotis, & tertium dicStorum fcriptorum aut inftrumentorum Par- 
 liamento Anglise, proximis Parliamentorum feflionibus in utroque regno 
 refpedtive tenendis, exhibeantur; poflquam difta fcripta feu inftrumenta, 
 per didtos Commiffionarios, fubfcripta & figillata fuerint, ut defu per 
 Nos & dicSta Parliamenta ultra procedamus, prout neceffarium vifum fuerit, 
 pro commodo & bono utriufq; regni, quibus Parliamentis integra con- 
 fideratio totius, ac in totum vel pro parte approbandi, prout iis expediens 
 videbitur, omnino refervatur; et per antedicftum aftum providitur, quod 
 nulla materia aut res traftanda, proponenda, vel per dittos Commiffionarios 
 virtute prasdidli aCli concludenda, ullius erit vigoris, feu efFedlus cujufcunqj 
 donee prius authoritate & afto Parliamenti regni Scotis confirmata- & ftabilita 
 fuerit : et quod non licitum erit diflis Commiffionariis, de alternatione cultus 
 difciplinse aut regiminis ecclefias Scoticanse, ut nunc per leges ftabilita funt, 
 ullo modo traftare : cumq; nos fatis experte fpecialem fidem & fiduciam repo- 
 namus, in fidelitate, eximiis animi dotibus, & prudentia perfonarum 
 infrafcriptarum, viz. Jacobi Comitis de Seafield fummi noftri Cancellarii 
 difti Regni, Jacobi Ducis de Queenfberry Secreti noftri Sigilli Cuftodis, 
 Joanni Comitis de Mar Sc Hugonis Comitis de Loudoun noftrorum prin- 
 cipalium Status Secretariorum, Joannis Comitis de Sutherland, Jacobi Co-. 
 mitis de Morton, Davidis Comitis de Weyms, Davidis Comitis de Leven> 
 Joannis Comitis de Stair, Archibaldi Comitis de Rofeberry, Davidis 
 Comitis de Glafgow noftri Thefauarii Deputmini Archibaldi Campbell 
 Fratris Germanii Ducis de Argyle, Thomre Vicecomitis de Duplin, Guli- 
 elmi Domini de Rofs unius Commiffionariorum noftrjE Thefaurarii, Domini 
 Hugonis Dalrym2:)le Collegii noftri Jufticiae Prxfidis, Adami Cockburn de 
 Ormcftoun noftri Jufticiarii Clerici, Domini Roberti Dundafs de Arniftoun & 
 Magiftri, Roberti Steuart de Tillicultrie Senatorum Collegii Jufticise, Magiftri 
 Francifci Montgomery unius Commiffionariorum noftri Thefauarii, Domini 
 Davidis Dalrymple unius noftrorum Solicitorum, .Domini Alexandri Ogilvie de 
 Forglan Generalis noftri Rcceptoris, Domini Patricii Johnftoun Praspofiti Edin- 
 burgenfis, Domini Jacobi SmoUet de Bonhill, Georgii Lockhart de Carnwath,, 
 Gulielmi Morifon dc Prcftongrange, Alexandri Grant de eodem Junioris, Guli- 
 clmi Seton de Pitmedder. Junioiis, Joannis Clarke de Pennycook Junioris, 
 Hugonis Montgomery nuper Praepofiti Glafguenfis, Danielis Steuart Fratris 
 
 Germani
 
 PROPERLY CALLED THE UNION. 109 
 
 Germani Baronis de Caftlemilk, & Danielis Campbell de Amtennet ; noveritis 
 igitur Nos nominafle, conftituifle & ordinafTe, ficuti Nos tenore praefentium> 
 nominamus, conftituimus & ordinamus memoratas perfonas Commiflionarios, 
 pro didlo regno Scotife, ad efFcftum prcediflum ; Dando & Concedendo illis, 
 vel eorem novem, qiios pro quorum (ut loquuntur) ftatuimus plenum potefti-* 
 tern, CommifTionem & authoritatem, congregandi & conveniendi, cum taiibus' 
 CommilTionanis, authoritate Parliamenti Anglis muniendis, vel eorum fufficiente 
 numero (vulgo quorum) apud civitatem noftram de Weftminfter, decimo fexto 
 die menfis Aprilis proxime fequentis, & tempore, & loco prsedifto, traftandi 
 circa Unionem diftorum regnorum, Scotise & Anglijc; et circa qua^cunq; alia 
 negotia, caufas & res, quce (matura deliberatione habita majoris partis diftorum 
 Commiffionariorum, ut prasdicitur, congregatorum) una cum CommifTionariis, 
 authoritate Parliamenti Anglife muniendis, fecundum tenorem eorum Commif- 
 fionum, in hunc efFe6lum j difti Commiffionarii honori noftro, & commodo, & 
 mutuo bono utriufque regni in perpetuum neceflaria & convenientiajudicabunt, 
 cum poteftate didlis Commiffionariis, & eorum fufficiente numero (vulgo quo- 
 rum ut loquuntur) de tempore in tempus, cum aut abfq; continuatione congre- 
 gandi & conveniendi i et in omnibus quibufcunq; rebus, per prsfentes, vel 
 diftum adum Parliamenti, eorum curs conceditis Sccommiffis, fecundum eorum 
 officium & judicium procedendi, mandando & requirendo praedidios Commif- 
 fionarios curam adhibere, & omnia fua a£ta & gefta in pr^emifis, in tria diverfa 
 fcripta aut inftrumenta, debite redigantur .& digerentur, per eos fubfcribenda, 
 figillanda & praeparanda, ita ut Nobis, & Parliamentis utriufq; regni exhibean- 
 tur ; modo per didlum aftum ftatuto & exquifito, Declarando omni modo per 
 prsefentes ; quod licitum non erit diftis Commiffionariis de alteratione cultus 
 difciplinje aut regim.inis eccleflse Scoticanse, ut nunc per leges ftabilita funt, 
 uUo modo tra£tare ; ac etiam declaranda nulla negotia, aut res traftanda, pro- 
 poncnda aut per didlos Commiffionarios virtute prsefentis Commiffionis, con- 
 cludenda uUius fore vigoris feu effcftus cujufcunque, donee prius authoritate & 
 afto Parliamenti di£ti antiqui regni Scotias, confirmata & ftabilita fuerint : 
 Refervando nobis plenam poteftatem & authoritatem continuandi pnefentes 
 Commiffionarios, ad quemvis locum, & quoties nobis vifum fuerit, per fcriptum 
 noftri regali manu fignatum, aut epiftolam iis diredlam, non obftante poteftate 
 feipfos continuandi, taiibus temporibus, & ad tales locos, ut ipfis vifum fuerit, 
 per prsefentcs iis conceffa. In cujus rei teftimonium, prjefentibus magnum 
 figillum noftrum appendi prgecipimus. Apud aulam noftram de Kenfmgton 
 vigefimo feptimo die menfis Februarii, anno domini millefimo feptingenteiimo 
 fcxtOj & anno regni noftro quarto. 
 
 Per Sionaturam manu S. D. N. 
 Reginje Supfafcriptam.
 
 no OF THE LAST TREATY, 
 
 x\ N N E by the Grace of God, of England, Scotland, France and Ireland 
 Queen, Defender of the Faith, &cc. To the moft Reverend Father in 
 God, Thomas Archbifhop of Canterbury ; our right trufty and well-beloved 
 Counfellor William Cooper, Efq. our Keeper of our Great Seal of England; 
 the mod Reverend Father in God, John Archbifhop of York; our right 
 trufty and well-beloved Counfellor Sidney, Lord Godolphin, our High Trea- 
 furer of England; our right trufty and right well-beloved coulin and Coun- 
 fellor Thomas Earl of Pembroke and Montgomery, our Prefidenc of our 
 Council ; our right trufty and right entirely beloved coufins and Counfellors 
 John Duke of Newcaftle, our Keeper of our Privy Seal ; William Duke of 
 Devonfliire, our Steward of our Houfehold; Charles Duke of Somerfet, our 
 Mafter of our Horfe, and Charles Duke of Bolton ; our right trufty and 
 right v/ell-beloved coufms, Charles Earl of Sunderland, and Evelin Earl of 
 Kingfton; our right trufty and right well-beloved coufin and Counfellor 
 Charles Earl of Carlifle; our right trufty and right well-beloved coufin Edward 
 Earl of Orford ; our right trufty and well- beloved coufin Charles Vifcount 
 Townfend; our right trufty and well-beloved Counfellor Thomas Lord 
 Wharton; our right trufty and well-beloved Ralph Lord Grey; our right 
 trufty and well-beloved Counfellor John Lord Powlet ; our right ti-ufty and 
 well-beloved John I-,ord Summers, and Charles Lord Hallifax; our right trufty 
 and well-beloved Counfellor John Smith, Efq. our right trufty and vyell-beloved 
 William Cavendifli, Efq. commonly called Marquis of Hartington; John 
 Manners, Efq. commonly called Marquis of Granby; our right trufty and 
 well-beloved Counfellors Sir Charles Hedges, Knight, and Robert Harley, Efq. 
 our principal Secretaries of State ; Henry Boil, Efq. Chancellor and under 
 Treafurer of our Exchequer; Sir John Holt, Knight, Chief Juftice of our 
 Court of Queen's Bench; Sir Thomas Trevor, Knight, Chief Juftice of our 
 Court of Common Pleas ; Sir Edward Northey, Knight, our Attorney-General; 
 Sir Symon Harcourt, Knight, our Solicitor-General ; Sir John Cook, Knight, 
 Doftor of Laws, our Advocate-General, and Stephen Waller, Dodor of Laws ; 
 Greeting. Whereas, the kingdoms of England and Scotland were firft 
 united in allegiance and loyal fubjeftion in the perfon of our Royal Great 
 Grandfather King James the Firft, fince which happy conjunftion, it hatli been 
 very much endeavoured that a nearer and more compleat Union might be 
 fettled between both kingdoms, and fome progrefs towards the attainment thereof 
 was made, not only in the time of our faid late Royal Great Grandfather, but alfo 
 in the time of our late Royal Uncle, King Charles the Second. And whereas, 
 weoutof our princely zeal and care for the welfare and happinefs of ourfubjefts, 
 being alfo defirous of a nearer and more compleat Union between our two 
 
 fiid
 
 PROPERLY CALLED THE UNION. m 
 
 faid kingdoms of England and Scotland, did recommend to our Parliament of 
 England from the throne to confider of proper methods for obtaining the fame : 
 And whereas, in our Parliament held at Weftminfter the third and fourth years 
 of our reign, an adl paffed, entitled, Jn A£l for the effectual Securing the King- 
 dom of England from the apparent Dangers that may arife from feveral ASls 
 paffed in the Kingdom of Scotland. In and by v/hich aft of Parliament, it was 
 enafted, that fuch perfons as fhould be nominated by us, under our Great Seal 
 of England, or fuch and fo many of them as fhould in that behalf be appointed 
 by us to be of the quorum, fhould by force of the fame aft, have full power, 
 commiflion and authority, at fuch time and times, and in fuch place or places 
 as we fhould pleafe to appoint to aflemble and meet; and thereupon to treat 
 and confult according to the tenor, or purport of their authority or commiffion 
 in that behalf, with certain CommifTioners as fliould be authorized by authority 
 of the Parliament of Scotland, of and concerning fuch an Union of the faid 
 kingdoms of England and Scotland, and of and concerning fuch other matters, 
 claufes and things as upon mature deliberation of the greatefl part of the faid 
 CommifTioners affembled as aforefixid, and the CommilTioners to be authorized 
 by the Parliament of Scotland, according to the tenor or purport of their 
 commiffion in that behalf, fliould in their wifdoms think convenijent and 
 necefTary for our honour, and the common good of both our faid kingdoms for 
 ever : And that the CnmmifTioners of both our faid kingdoms fliould, according 
 to the tenor or purport of their faid authority and commiffions in that behalf, 
 reduce their doings and proceedings therein into writings or inftruments quad- 
 rupartite, every part to be fubfcribed and fealed bv them, to the end that 
 one part thereof may in all humblenefs be prefented to us ; two other parts 
 thereof to be offered to the confideration of the Parliament for the realm of 
 England, and another part thereof to be offered to the confideration of the 
 Parliament for the realm of Scotland at their next Seffions, which fliould be 
 held in each kingdom refpeftively after fuch writings or inftruments fliould be 
 fubfcribed and fealed by the faid Commiffioners, that thereupon fuch further 
 proceedings might be had as we and both the faid Parliaments fliould think fit 
 and neceffary for the well and common good of both the faid kingdoms, to 
 whom the entire confideration of the whole, and the allowing or difallowing of 
 the whole, or any part thereof, as they fliall think fit, is wholly referved as in 
 and by the faid aft, relation being thereunto had, may more at large appear. 
 And whereas, in the fourth year of our reign, an aft was made and paffed in 
 our Parliament of our kingdom of Scotland, for enabling us to appoint 
 Commiffioners to treat with Commiffioners for our kingdom of England, of and 
 concerning an Union of the faid kingdoms ; now know ye, that we repofing 
 efpecial truft and confidence in your fidelity, ability, prudence, induftry, dili- 
 gence
 
 a 10 OFTHE LAST TREATY, 
 
 gence and circumfpecSlion, have nominated, conftituted and appointed, and by 
 thefe prefents do nominate, conftitute and appoint you tlic faid Thomas Arch- 
 bilTiop of Canterbury ; William Cooper ; John Archbifliop of York ; Sidney, 
 Lord Godolphin, Thomas Earl of Pembroke and Montgomery, John Duke 
 of Newcaftle, William Duke of Devonfhire, Charles Duke of Somerfet, 
 Charles Duke of Bolton, Charles Earl of Sunderland, Evelin Earl of Kingfton, 
 Charles Earl of Carlifle, Edward Earl of Orford, Charles Vifcount Townfend, 
 Thon- as Lord Wharton, Ralph Lord Grey, John Lord Powlet, John Lord 
 Summers, Charles Lord Hallifax, John Smith, William Marquis of Harting- 
 fon, John Marquis of Granby, Sir Charles Hedges, Robert Harley, Henry 
 Boil, Sir John Holt, Sir Thomas Trevor, Sir Edward Nprthey, Sir Sympn 
 Harcourt, Sir John Cook, and Stephen Waller, to be Commiffioners for the 
 kingdom of England, in this behalf, giving unto you, any feven or more of 
 you full power and authority to affemble and meet with the Commiffioners 
 authorized, or to be authorized by us, purfuant to the faid adl made in our 
 Parliament of Scotland, or fo many of them as fliall be a quorum, at our 
 Council Chamber at the Cockpit, Whitehall, upon Tuefday the i6th Day of 
 April inftant ; and then and there to treat and confult with them, of and con- 
 cerning fuch an Union of the faid kingdoms of England and Scotland, and of and 
 concerning fuch other mauers, claufes and things as you and the Commiffioners 
 authorized, or to be authorized as aforefaid, or the major part of you and them 
 aflembled, fhall upon mature deliberation think convenient and necefTary for 
 our honour, and the common good of both our faid kingdoms for everj and 
 from tim.e to time, with or without adjournments, to affemble and meet afthe 
 place aforefaid, or at fuch other place or places as the major part of you and 
 them aflembled fliall think fit} and to proceed in all and every the matters 
 herein before-mentioned committed to your care, according to your bell dif- 
 cretions : And you are to take care that all your doings and proceedings in and 
 about the premifes with the Commiffioners authorized, or to be authorized as 
 aforefaid, be reduced into writings or inftruments quadrupartite, and that 
 every part thereof be fubfcribed and fealed by you and them, and be 
 prefented unto us, and the Parliaments of both kingdoms in fuch manner and 
 form, as in and by the faid aft firft mentioned is enjoined and required. In 
 witnefs whereof, we have caufed thefe our letters to be made patents. Wit- 
 nefs Ourfelf at Weftminfter the loth Day of April, in the Fifth Year of our 
 Reign. 
 
 D 
 
 Per Breve de private Sigillo Wright.
 
 PROPERLY CALLED THE UNION. 
 
 »i3 
 
 Secretaries of 
 State. 
 
 At the Council Chamber in the Cockpit, Tue/day the iSth of April, 1706. 
 In purjuance of Her Majefiy's CommiJJions under Her refpeSlive Great Seals of 
 Scotland and England, the Lords Commijftoners of both Kingdoms, for the 
 Treaty of Union, met at the Council Chamber in the Cockpit. 
 
 The names of the Commiffioners, as mentioned in the fiid Commiffions, are, 
 
 Engl. 
 
 Thomas Archbifhop of Canterbury. 
 
 William Cooper, Efq. Lord Keeper. 
 
 John Archbifhop of York. 
 
 Sidney Lord Godolphin, High Treaf. 
 
 Thomas Earl of Pembroke and Mont- 
 gomery, Lord Prefident of Council. 
 
 John Duke of Newcaftle, Lord Privy 
 Seal. 
 
 William. Duke of Devonfhire, Steward 
 of the Houfhold. 
 
 Charles Duke of Somerfet, Mafter of 
 Horfe. 
 
 Charles Duke of Bolton. 
 
 Charles Earl of Sunderland. 
 
 Evelin Earl of Kingftone. 
 
 Charles Earl of Carlifle. 
 
 Edward Earl of Orford. 
 
 Charles Lord Vifcount Townfend. 
 
 Thomas Lord Wharton. 
 
 Ralph Lord Grey. 
 
 John Lord Powlet. 
 
 John Lord Sommers. 
 
 Charles Lord Hallifax. 
 
 John Smith, Efq. Speaker of the 
 Houfe of Commons. 
 
 William Marquis of Hartington. 
 
 John Marquis of Granby. 
 
 Sir Charles Hedges, Knt. ■) Secretaries 
 
 Robert Harley, Efq. \ of State. 
 
 Henry Boil, Chancellor, and Under- 
 
 Treafurer of the Exchequer. 
 Sir John Holt, Knt. Chief Juftice of 
 the Court of Queen's Bench, 
 Q_ George 
 
 Scot. 
 James Earl ofSeafield, Lord Chancellor. 
 James Duke of Queenfberry, Lord 
 
 Privy Seal. 
 John Earl of Mar, 
 Hugh Earl of Loudoun 
 Jon Earl of Sutherland. 
 James Earl of Morton. 
 David Earl of Wemyfs. 
 David Earl of Leven. 
 John Earl of Stair. 
 Archibald Earl of Rofeberry. 
 David Earl of Glafgow, Treaf. Deput. 
 Lord Archibald Campbell, brother ger- 
 
 main to the Duke of Argyle. 
 Thomas Lord Vifcount Duplin. 
 William Lord Rofs, one of the Com- 
 
 miffioners of Treafury. 
 Sir Plugh Dalrymple, Lord Prefident 
 
 of Seffion. 
 Adam Cockburn of Ormeftoun, Lord 
 
 Juftice Clerk. 
 
 Sir Robert Dundas of Arniftoun, one of 
 
 the Senators of the Col. of Juftice. 
 
 Mr. Robert Steuart of Tiilicultrie, one 
 
 of the Senators of the Col. of Juftice. 
 
 Mr. Francis Montgomery, one of the 
 
 Commiffioners of the Treafury. 
 Sir David Dalrymple, Solicitor. 
 Sir Alexander Ogilvie of Forglen, Ge- 
 neral Receiver. 
 Sir Patrick Johnftone, Lord Provoftof 
 
 Edinburgh. 
 Sir James Smollet of Bonhill.
 
 114 OF THE LAST TREATY, 
 
 Scot. Engl, 
 
 Sir Thomas Trevor, Knt. Chief Juftice 
 of the Court of Common Pleas. 
 
 Sir Edward Northey, Knt. Attorney- 
 General. 
 
 SirSymon Harcourt, Knt. Solicitor Ge- 
 neral. 
 
 Sir John Cook, Doftorof Laws, Ad- 
 vocate General. 
 
 Stephen Waller, Doftor of Laws. 
 
 George Lockhart of Carnwath. 
 William Morifon of Preftonsrrano-e. 
 Alexander Grant, younger, of that Ilk. 
 William Seton, younger, of Pitmedden. 
 John Clark, younger, of Pennicook. 
 Hugh Montgomery, late Provoft of 
 
 Glafgow. 
 Daniel Stewart, brother german to the 
 
 Laird of Caftlemilk. 
 Daniel Campbell of Ardintennie. 
 
 After the Lords Commiffioners for both kingdoms had taken tlieir places, the 
 Commiffions were opened, and read by the relpedtive Secretaries. 
 
 The Lord Keeper of the Great Seal of England, addrefftng himfelf to the Lords 
 Coiiimiffioners for Scotland, fpoke in theje -words : 
 
 My Lords, 
 
 W E the CommifTioners appointed by Her Majefly, and authorized by the 
 Parliament of England, to confult and treat with your Lordfliips, as impowered 
 in like manner by her Majefty and the Parliament of Scotland, concerning an 
 Union of the two kingdoms, and fuch other things as we the Commiffioners on 
 both parts fhall think convenient and neceffar)- for the honour of her Majefty, 
 and the common good of both kingdoms, do apprehend there never was (in 
 any aflembly of this nature) fo little occafion, as at prefent, for the Commif- 
 fioners of England to give any verbal afTuranccs of their zeal to promote and 
 compleat (fo far as in their power) the great and good defign we are met about; 
 fince it cannot be doubted, but that we bring along with us the fame fentiments 
 which fo lately appeared in the Parliament of England, when they took care 
 to manifeft by a folemn aft, that they did poftpone all other confiderations to 
 their evidencing a good and friendly difpofition towards the kingdom of Scot- 
 land. 
 
 Tlie Parliament of England, in making that unexpefted advance, feemed 
 
 refolved, if poffible, to attain that Union, wliich hath been fo long thought 
 necelTary, by all that wifli well to the profperity of both nations. 
 
 And wem.oft fincerely afiure your Lordfliips, that we accordingly meet your 
 Lordfliips, with hearts fully refolved to ufc our utmoft endeavours to remove 
 all difficulties in this treaty, to prevent all mifunderilandings, to cherifli and 
 improve the good difpofitions to one another we meet with, to have the general 
 and joint good of both kingdoms folely in our view, and not the feparate of 
 cither ; but to aft as if we were already united in intereft, and had nothing left 
 
 to
 
 PROPERLY CALLED THE UNION. 115 
 
 to confidcr, but what fcttlements and provifions are moft likely to conduce to 
 the common fafety and happinefs of this whole ifland of Great Britain. 
 
 Which meafures, if purfued on both parts, we hope may enable us to prepare 
 fuch terms of Union as may prove fatisfaftory to her Majefty, and the Parlia- 
 ments of both kingdoms. 
 
 'O" 
 
 And the Earl of Seafield, Lord High Chancellor of Scotland, en the Part of the 
 Lords Commijfwiers for Scotland, f^oke as foUoweth. 
 
 My Lords, 
 
 1 H E Lords CommifTioners for Scotland have defired me to alTure your 
 Lordfliips, that they meet you on this occafion, with great willingnefs and 
 fatisfaftion, to treat of an Union between the two kingdoms, and of fuch other 
 matters and concerns as may be for her Majefty 's honour, and the maintaining 
 a good underftanding between the two nations. 
 
 We are convinced that an Union will be of great advantage to both; the 
 Proteftant religion will be thereby the more firmly fecured, the defigns of our 
 enemies effeftually difappointed, and the riches and trade of the whole ifland 
 advanced. 
 
 This Union has been often endeavoured, both before and fince the kingdoms 
 were united in allegiance under one Sovereign ; and feveral treaties have been 
 fet on foot for that end, though without the defired fuccefs ; but now we arc 
 hopeful that this fliall be the happy opportunity of accomplifhing it; her Ma- 
 jefty hath frequently fignified her good inclinations towards it; and we are the 
 more encouraged to expe6l fuccefs in this treaty, by the good difpofition appa- 
 rent in the Parliament of Scotland for it, and by the friendly proceedings in the 
 laft felTion of the Parliament of England, which gave general fatisfaftion. 
 
 We have great confidence in your Lordfhips good intentions, and we fhall 
 be ready on our parts, to enter into fuch meafures with you, as may bring the 
 treaty to fuch a conclufion, as may be acceptable to her Majefty, and to 4;he 
 Parliaments of both kingdoms. 
 
 Ordered that copies of the two Commifiions be prepared and figned by the 
 refpeftive Secretaries, and interchanged againft the next meeting. 
 
 Adjourned to Monday next, the 22d. inftant, at 6 o'clock in the evening. 
 
 Monday the I2d of Jpril, 1706. 
 The Lord Keeper, in the name of the Lords Commiffioners for England, 
 delivered to the Board Articles of Preliminaries, which were read, as follov/s :' 
 
 I. That all propofals made by either fide, be made in writing, and every 
 point agreed on fhall be reduced into writing. 
 
 0^2 2. That
 
 ii6 OF THE LAST TREATY, 
 
 1. That no point, though agreed on, and reduced into writing, fliall be obli- 
 gatory on either fide, till all matters be adjufted in fuch manner as will be 
 proper to be laid befere the Queen and the two Parliaments for their appro- 
 bation. 
 
 3. That there be a Committee appointed, confifting of a certain number of 
 each CommifTion, to revife the minutes of what palTes, which are not to be in- 
 ferted by the Secretaries in their refpeflive books, but by order of the faid 
 Committee, having firft made report thereof to the refpeftive Commiffioners, 
 and recei\^ed their approbation of the fame. 
 
 4. That all the proceedings of the Commiffioners of both kingdoms, during 
 the treaty, be kept fecret. 
 
 The Lord Keeper alfo delivered to the Board the following propofal, which 
 was read. 
 
 That the two kingdoms of England and Scodand be for ever united into one 
 kingdom by the name of Great Britain ; that the united kingdom of Great 
 Britain be reprefented by one and the fame Parliament; and that the fucceffion 
 to the Monarchy of the united kingdom of Great Britain, in cafe of failure of 
 heirs of her Majefty's body, be, according to the limitations mentioned in 
 an aft of Parliament, made in England, in the 12th and 13th year of the 
 reign of the late King William, intituled, " An Aft for the further Limi- 
 " tation of the Crown, and the better fecuring the Rights and Liberties of the 
 " Subjefts." 
 
 Adjourned to Wednefday the 24th inftant, at 5 in the evening. 
 
 Wednefday the li^th of Afril, 1706. 
 
 The Loi;d Chancellor of Scotland acquainted the Board, that the Lords 
 Commiffioners for Scotland do agree to the Preliminary Articles propofed by 
 the Lords Commiffiioners for England at the lad meeting, for regulating the 
 methods of proceedings in this treaty. 
 
 The following propofals were alfo delivered to the Board by the Lord Chan- 
 cellor of Scotland, and were read. 
 
 1. That the fucceffion to the Crown of Scodand, in cafe of failure of heirs of 
 her Majefty's body, fhall be eftablifhed upon the fame perfons mentioned in 
 an aft of Parliament made in England, in the 1 2th and 1 3th year of the reign 
 of the late King William, intituled, " An Aft for the further Limitation of the 
 " Crown, and the better Securing of the Rights and Liberties of the Subjefts." 
 
 2. That the fubjefts of Scotland fliall for ever enjoy all rights and privileges, 
 as natives of England in England, and the dominions thereunto belonging ; 
 and reciprocally, that the fubjefts of England fhall enjoy the like fights and 
 privileges in Scotland. 
 
 3. That
 
 PROPERLY CALLED THE UNION. 117 
 
 3. That there be free communication and intcrcourfe of trade and navigation 
 between the two kingdoms, and plantations thereunto belonging, under fuch 
 regulations, as in the progrefs of this treaty Ihall be found moft for the advan- 
 tages of both kingdoms. 
 
 4. That all laws and ftatutes in either kingdom, contrary to the terms of 
 this Union, be repealed. 
 
 ■ The Lords CommifTioners for England withdrew, and being returned, the 
 Lord Keeper, in their Lordfliips names, delivered to the Board the following 
 anfwer, which was read. 
 
 The Lords Commiffioners for England are fo fully convinced, that nothing 
 but an intire Union of the two kingdoms will fettle perfect and lafting friend- 
 fhip between them ; that they therefore tliink fit to decline entering into any 
 further confideration of the propofil now made by the Lords CommifTioners for 
 Scotland, as not tending to that end and defire ; that the Lords CommifTioners 
 for Scotland would be pleafed to giye in their anfwer to the propofals delivered 
 on Monday the 2 2d inftant, by the Lords CommifTioners for England, in order 
 to an intire Union of both kingdoms. 
 
 Adjourned to Thurlciay the a5th inftant, at 5 in the evening. 
 
 OBSERVATIONS on the MINUTES of the THREE FIRST DAYS. 
 
 The ceremonies on either hand being over, Wednefday was the firft day in 
 which it may be faid, any thing of bufinefs was entered upon. 
 
 ■ The CommifTioners on the Englifh fide prefented a fummary, as it may be 
 called, of an Union in general, by which it is plain a compleat incorporation of 
 the two kingdoms was propofed. 
 
 The Scots propofal was lefs general, and yet readily agreeing to the fuccef- 
 fion, to a communication of privileges, and an intercourfe of trade. 
 
 I mention this here, becaufe it was afterwards objected to the treaters on 
 the Scots fide in the following Parliament j that they had given up their coun- 
 tiy to the Englifli, in coming into an incorporating Union immediately, with- 
 out propofing any terms which might have been more advantageous to Scotland. 
 
 It is manifcfl the Scots CommifTioners did make propofals of uniting, which 
 were not incorporating; or at leafl, which being reftrifted to their own country 
 only, were fignificant of a concern for Scotland, leaving the propofal on the 
 behalf of England to the Englifh CommifTioners. 
 
 But, as will appear in the fubfequent minutes, the Englifh CommifTioners 
 were come to a refolution previous to this treaty, viz. " That nothing could 
 " complete the felicity of either kingdom, and for ever remove all pofTible dif- 
 " ficulties, breaches, and feparation of interefts from among them for the future, 
 " but an entire and incorporating Union, by which the two nations fliould be 
 
 «' formed
 
 ii8 OF THE LAST TREATY, 
 
 '' formed into one government, be und^^r one fovereign head, in one repre- 
 " lented body, ftanding upon one foundation, enjoying equal privileges, and in 
 " common, bearing one general proportion of burdens, the fame in end and 
 " mean, having but one common intereft, one name, and being for ever herc- 
 " after but one people." 
 
 This therefore they laid down as the thefis of their future conferences; and 
 purfuant to this, the firft general they delivered in, contained the three and mofl 
 eflential articles of the following treaty, viz. " The uniting the two kingdoms 
 ''■into one ; the fettling the reprefentation in one alTembly of Parliament i and 
 " the fettling the fucceffion in the fame line. 
 
 And the Scots propofals being fhort in the general incorporating part, the 
 Englifli Commiflioners infilled upon it, as above, declining to treat upon par- 
 ticulars till that was firft determined -, all debate of particulars being not fo di- 
 rcftly tending to a conclufion, till the great and main queftion was agreed to, 
 " Whether the Union Ihoukl be entire or no, in the 'icn{t as above ?" 
 
 The profecuting this queftion v;ill cfFedtually defend the Scots CommilTion- 
 ers, who, though they were aftersvards convinced of the main point in debate, 
 viz. " That notliing but an entire Union would be effeftual to fettle a lafting 
 " friendfhip between the two nations," yet did not fo eafily give up their other 
 propofals as was fuggefted ; nor did they give them up at all merely upon the 
 Englifli Comminioners refufing to treat upon any other foot; for the direftefl 
 anfwer to a refolution fo pofitive as that, might have been thought to have been 
 -an equal ftiffnefs, and refufing to refolve upon fo general a claufe, till other 
 heads had been adjufted. 
 
 But the Commiffioners on the Scots fide found thcmfclvcs convinced, Firft, 
 Of the fincerity and candid intentions of the Commiffioners on the Englifti part, 
 to purfue fuch a treaty, and in fuch a manner, as might moft conduce to the 
 mutual happinefs of both kingdoms, and to make the Union both lafting and 
 effedtual. 
 
 Secondly, They found themfelves convinced, upon ferious debate, and further 
 inquiry into particulars, that nothing but this incorporation of interefts, privi- 
 leges, and circumftances, could make an effeftual, lafting, indiftblvable Union ; 
 and fo they came into it with the fame fincerity, and from the fame candid de- 
 fign of fettling the whole, and of afting to the advantage of either party. Not 
 being at all over-ruled, awed, or drawn in, as was objefted afterwards againft 
 them. And this would appear at large, if the long debates, fpeeches and argu- 
 ments on both fides could have been recovered. 
 
 Tburfday the zc^th of ylfril, 1706. 
 The Lord Cliaticello-r, in the name of the Lords CommllTioners for Scotland, 
 delivered to the Board an anfwer to the propofal made on the acid inftant, 
 
 by
 
 PROPERLY CALLED THE UNION. 119 
 
 by the Lords Commiffioncrs for England, with a provifion therein-mentioned, 
 which was read. 
 
 The Lords CommifTioners for Scotland have confidcrcd the propofil given 
 in to them by the Lords CommifTioners for England, on Monday the aid 
 inftant, and do agree, that the two kingdoms of Scotland and England be for 
 ever united into one kingdom, by the name of Great-Britain j that the united 
 kingdom of Great-Britain be reprefcnted by one and the fame Parliament, and 
 that the fucceffion to the Monarchy of the kingdom of Great-Britain (in cafe of 
 failure of heirs of her Majefty's body) Ihall defcend upon the moft excellent 
 princefs Sophia, Eleftorcfs and Duchefs Dowager of Hanover, and remain to 
 her and the heirs of her body, being Proteftants, to whom the fucceffion to the 
 crown of England is provided, by an a6l made in tJie i2tii and 13th year of 
 the reign of the late King William, intituled, " An aft for the further Limita- 
 " tion of the Crown, and better fccuring the Rights and Liberties of the Sub- 
 *' jedts, and excluding all Papifts, and who fhall marry Papifls, in the terms of 
 " the fiiid A(ft;" with this provifion, " That all the fubjefts of the united 
 " kingdom of Great-Britain fliall have full freedom and intercourfe of trade and 
 " navigation, to and from any part or place within the faid united kingdom, 
 *' and plantations thereunto belonging ; and there be a communication of all 
 " other privileges and advantages, which do, or may belong to the fubjedls of 
 " either kingdom.'' 
 
 The Lords Commiflioners for England withdrew, and being returned, the 
 Lord Keeper did, in the name of the Lords CommifTioners for England, deliver 
 to the Board the following reply, which was read. 
 
 The Lords CommifTioners for England are of opinion, that the provifion 
 added by the Lords Commiflioners for Scotland to the propofal made by the 
 Lords CommifTioners for England, upon the 22d inflant, is a necefiary confe- 
 quence for an intire Union ; and therefore their Lordfliips do agree to the faid 
 provifion, under fuch terms as in the further progrefs of this treaty fliall be found 
 to be for the common advantage of both kingdoms. 
 
 A Committee was appointed in purfuance of tl\e third article of Preliminaries 
 for revifing the Minutes, and there was nominated on the part of 
 
 Engl. 
 Lord Grey. 
 John Smith, Elquire, Speaker of the 
 
 Commons. 
 Sir Thomas Trevor. 
 Sir John Cook. 
 Doiftor Waller. 
 
 Or any three of them. 
 Adjourned to Monday the 29th inftant, at 5 in the evening. 
 
 4 OB- 
 
 Sect. 
 Ear! of Sutherland. 
 Earl of Leven. 
 Lord Prefident of SefTion. 
 Lord Juftice Clerk. 
 John Clark of Pennicook. 
 Or any three of them
 
 i^O 
 
 OF THE LAST TREATY, 
 
 OBSERVATION 11. 
 
 The Commiffioners for Scotland, after the debates and reafonings on the 
 laft day about the general propofal of the Union, as an incorporating entire 
 Union, had alfo a meeting among themfelves, in which it was determined, 
 after a long confideration, to agree to the propofal made by the Englilh 
 Cofnmiflioners, of a full and entire incorporation. 
 
 This is what was afterwards reflefted on in Scotland, and which the oppofing 
 party called a betraying their country ; and as far as poffible incenfed the 
 people againfh them, who punning on the word treaters, called them the traitors; 
 and on this foot it was, that when the rabble in Edinburgh firft took a head, 
 they pretended to infult the treaters, as the perfons that had given them up to 
 the Englifh, and accordingly began with Sir Patrick Johnftoun, a perfon who 
 was otherwife univerfally beloved among them, and had merited the efteem he 
 had with them, by a fober, difcreet and gentlemanlike behaviour, as well when 
 in the Government, having been Provofl: of Edinburgh but the year before, as 
 at all other times. 
 
 Monday, yipril the 29th, 1706. 
 
 The Lord Keeper, in the name of the Lords Commiffioners for England, 
 delivered to the Board the following propofal, which was read. 
 
 That there be the fame cuftoms, excifes, and all other taxes; and the 
 fame prohibitions, reftriiftions and regulations of trade throughout the united 
 kingdom of Great-Britain. 
 
 The Lords Commiffioners for Scotland withdrew, and being returned, 
 the Lord Chancellor, in their Lordlhips names, delivered to the Board the 
 following anfwer, which was read. 
 
 The propofal given in by your Lordfhips contains fo many particulars, 
 that the Lords Commiffi£)ners for Scotland do propofe, before they offer any 
 anfwer to it, that there be a Committee appointed of an equal number of each 
 fide to adjuft the feveral points therein, and defire that your Lordfliips will 
 order an accompt of the raxes and other things in your propofal to be laid 
 before the faid Committee, as the Lords Commiffioners for Scotland ftiall be 
 ready to do on their parts. 
 
 The Lords Commiffioners for England withdrew, and being returned, 
 the Lord Keeper in their Lordfliips names delivered to the Board the following 
 reply, which was read. 
 
 The Lords Commiffiioners for England have defired a ftate of the taxes, 
 
 and other things in their laft propofal mentioned, to be laid before them, in 
 
 order to refer the lame to the confideration of a Committee to confift of an 
 
 equal number of each fide, which their Lordfliips propofe to be the number of 
 
 eleven on each part, and of them any fix to have power to proceed in the 
 
 matters referred to them. 
 
 The
 
 PROPERLY CALLED THE UNION. lai 
 
 The Lords Commiffioners for Scotland agreed to appoint a Committee to 
 confift of eleven of each fide, and of them any fix to have power to proceed, 
 and that they Ihould be nominated next meeting. 
 
 Adjourned to the ift of May 1706. 6 in the evening. 
 Wednejday the ifl 0/ May, 1706. 
 
 The Lords Commiffioners for both kingdoms proceeded to nominate the Com- 
 mittee agreed on the 29th ult. to confider matters to be to them referred, and the 
 Lords Commiffioners following were nominated to be the faid Committee. 
 
 On the part of 
 Scotl. Engl. 
 
 Lord Chancellor. 
 
 Duke of Queenfberry. 
 
 Earl of Mar. 
 
 Earl of Loudoun. 
 
 Earl of Sutherland. 
 
 Earl of Leven. 
 
 Earl of Stair. 
 
 Lord Duplin. 
 
 Lord Prefident of Seffion. 
 
 Lord Juftice Clerk. 
 
 Sir Patrick Johnftone. 
 
 Duke of Somerfet. 
 Duke of Bolton. 
 Earl of Sunderland, 
 Lord Townfend. 
 Lord Wharton. 
 Lord Sommers. 
 Speaker of the Commons. 
 Marquis of Hartington. 
 Mr. Secretary Harley. 
 Henry Boyle, Efquire. 
 Sir Simon Harcourt. 
 
 Agreed the above-named Committee meet to-morrow morning at ten o'clock, 
 
 and that they have power to adjourn themfelves. Adjourned to Friday the :\,^ 
 
 inftant. 
 
 Friday the ^d of May, 1706. 
 
 The Lord Treafurer of England acquainted the Board, that he was direded 
 by the Lords Commiffioners for England to let their Lordfhips know, that the 
 account of the revenues and debts of England, defired the 29th paft to be 
 laid before the Board, had been prepared, but were not drawn in fuch a man- 
 ner as would fully anfwer the end for which they were propofed ; for which rea- 
 fon they were direfted to be drawn in another method, and hoped they would 
 be got ready to lay before the Board next Monday. Adjourned to Monday 
 
 the 6th inftant. 
 
 OBSERVATION III. 
 
 The main points of Union being thus fettled, as above, and all the federal, 
 provincial and confederating fchemes, which the world without doors had 
 filled their heads with, being vaniilied, the Commiffioners fell dole to their 
 work ; and the firft article propofed by the EnglilTi Commiffioners laid 
 the fcheme of the whole affair, viz. cuftoms, excifes, and temporary taxes, 
 prohibitions, reftridlions, and regulations of trade. 
 
 The great queftion now before them was, how to fix a center in all thefe, or 
 a great ftandard of equalities, fo as every part might bear its equal fhare of the 
 
 R burthens
 
 122 OF THE LAST TREATY, 
 
 burthens of the war, in proportion to its capacity, and every part enjoy its equal 
 fliare of the advantages of commerce, each bear an equal part of the weight of 
 the government, and reap an equal part of its protection. This fcale of equa- 
 lities had a great variety of difcording parts in it ; to bring together the diffi- 
 culties of which, was the bufinefs now before them, and the method of recon- 
 ciling them, will appear in the further obfervations on thefe proceedings. 
 
 The firfl: thing requifite to bring this matter into a way of debate, was for 
 either fide to give in a true ttate of the ordinary revenue, the debts and the ex- 
 traordinary taxes of either kingdom, that a fcale of proportions might be formed, 
 
 I mention it here, to note how naturally every thing occurred, in order to 
 the main end ; and how, after the firft concefTion of an entire incorporation, 
 every thing, that might tend to compleating that defign, came in of courfe ; for 
 without doubt, equalities and proportion of taxes, privileges and advantages, 
 was, and muft be the only method, to bring about a compleat entire Union of 
 interefts, and it was impofiible to be done without it. 
 
 The undertaking indeed amazed the world, and when people began to look 
 into it with but a tranfient view, it appeared a perfedl chaos, a mafs of abfur- 
 ditieSj which it would be impofTible to reconcile ; the people, who had propofed 
 their federal fchemes, laughed at this projeft, and talked of it as imprafticable, 
 called it a chimera of the Englifh Miniftry, and pretended to prophecy its 
 dwindling into nothing, and bringing the treaty to the fame iflue, as was done 
 in the lad commiffion. 
 
 But when abler heads began to look into it, and take it to pieces, the parts 
 all appeared capable of reduftion into form, and the prefages of the gentlemen 
 who had {o bantered it appeared groundlefs ; the mafs began to move, and 
 every thing retiring to its proper place, guided by the temper, moderation, 
 and application of the Commiffioners, the beautiful thing, called Union, began 
 to fliew itfelf, and the nation began to conceive hopes of its being perfe6led, in 
 fpite of all the feeming difficulties, with which the enemies to the defign had 
 clogged mens expectation, as will appear hereafter. 
 
 To bring the balance of circumftances upon the ftage, it was abfolutely ne- 
 cefiTary to enter into the feveral inequalities, in which the two kingdoms then 
 flood } thefe inequalities, as they lay particularly before the treaters, confifted 
 in matters of taxes, cuftoms, cxcifes and commerce. 
 
 In order to ftate thefe, the feveral debts and revenue of the refpeCllve na- 
 tions were ftatcd ; abftrafts of which are annexed to thefe obfervations, as they 
 were given in to the Commiffioners of both kingdoms. 
 
 Mon(iay the 6ih of May, 1706. 
 
 The Lord Keeper acquainted the Board, that the Lords Commiffioners for 
 
 England had delivered to their Secretary a ftate of the revenues and income of 
 
 4 England
 
 PROPERLY CALLED THE UNION. lij 
 
 England, and alfo of the debts of the faid kingdoirij which were to be laid 
 before the Lords of the Committee of both kingdoms at their next meeting. 
 Adjourned to Thurfday the ninth inftant. 
 
 Thurjday the 9th oi May, 1706. 
 
 The Lord Chancellor acquainted the Board, that the Lords CommifTioners 
 for Scotland had delivered to their Secretary, an account of the revenue in 
 Scotland, and the fum 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 Commiflioners for Scotland, 
 delivered to the Board an anfwer to the propofal made by the Lords Com- 
 mifTioners for England on the 29th of April, which was read. 
 
 The Lords CommifTioners for Scotland do agree, that all parts of the united 
 kingdom of Great-Britain be under the fame regulations, prohibitions and re- 
 ftridlions, and liable to equal impofitions and duties for export and import ; but 
 in regard feveral of the funds relating to the cufloms are already appro- 
 priated, for the payment of debts properly belonging to England, it is pro- 
 pofed that an equivalent be allowed for them. 
 
 The Lords CommifTioners for Scotland do alfo agree, that all the fubjefts of 
 the united kingdom fliall be liable to equal land taxes, or taxes upon the pound- 
 rent, providing the proportion for Scotland fhall only be i2,oool. when is. 
 is Impofed on the pound-rent on England ; fo that 48,0001. in Scotland fhall be 
 reckoned equal to the 4s aid now impofed on England, and fo proportionable, 
 and to be raifed in the fame manner now ufed in Scotland, and free of all charges. 
 
 The private riglits of corporations and companies are referved to be confi- 
 dered in the courfe of this treaty. 
 
 The Lord Chancellor, in the name of the Lords CommifTioners for Scotland, 
 delivered alfo to the Board the following propofal, which was read. 
 
 The Lords CommifTioners for Scotland do propofe, that neitiier of the king- 
 doms be burthened with the debts of the other contrafted before the Union. 
 
 Adjourned to Friday the loth inftant, at five in the evening. 
 
 OBSERVATION IV. 
 
 It was in the debates of this day that the great difficulties lay; and indeed 
 thofe that feemed mofl concerned for the fuccefs, apprehended fomething here 
 too difficult to be maftered, and that would render all the reft abortive. 
 The ftate of the affairs of either nation was in fhort thus: 
 I. England had very large incomes or revenues, and tlieir cuftonis and 
 excife brought in vaft fums, viz. 
 
 Cuftoms, - - 1,341,5591. per annum. 
 Excifes, - - 947,6021. per annum. ,. ,, 
 
 But, on the other hand, England had vaft debts lay upon them to difchargc; 
 
 R 2 and
 
 124 OFTHELASTTREATY, 
 
 and for the difcharge of which thefe revenues and ahnofl all their other taxes, 
 the land tax and malt tax excepted, were appropriated. 
 
 2. Scotland had but fmall revenues, her cufloms and excife producing but 
 the following fums, viz. 
 
 The cuftoms let out in tack, or farm, from year to 
 
 year, only at jOjOool. per annum. , • 
 
 The excife, farmed alfo, at 35,0001. per annum. 
 But tlien the revenue of Scotland was entirely free from anticipations, or ap- 
 propriations on any account of debt : Not but that there were public debts too, 
 but the revenue was not charged with them. 
 
 Now, upon the uniting the revenues of both kingdoms, under thefe differ- 
 ing circumftances, there were but two poffible methods that could be propofed: 
 
 1. Either, that each kingdom, coming to a full point in matters of revenue, 
 Ihould, like two tradefmen coming into partnerfhip, pay off their own refpec- 
 tive debts, and bring in their feveral proportions of ftock, clear of all incum- 
 brances. 
 
 2. Or that, putting the general accounts of debts and ftock together, the 
 Englilh lliould make good the inequalities to the Scots fome other way. 
 
 The Scots Commiflioners wifely propofed, for the eafe of their own country, 
 that the revenues of Scotland Ihould not be at all chargeable with the Englifli 
 debts ; — and this was thought to be a very good argument to excufe Scotland 
 from fome duties which, notwithftanding the general article of paying equal 
 taxes, Scotland could by no means bear. Of thefe, as they refpcd: cuftoms or 
 excifes, foreign or home trade, I Ihall fpeak as they come in order. 
 
 But the Englifli Commiffioners, adhering to the firft principle of the treaty, 
 viz. Of its being an intire incorporating Union, were upon that account obliged 
 to infill upon this alfo, which formed afterward the fixth article, viz. That 
 there be an equality of cuftoms, excifes, and all other taxes throughout the 
 united kingdom, as that, without which the Union could not be entire. 
 
 This being laid down as a general thefis in tlie v/hole debate, two things 
 came in courfe to be examined as mediums. 
 
 1. A fcale of proportions to form the equalities. 
 
 2. An equivalent to be given for fupplying unavoidable inequalities. 
 
 And this will be found to run tiirough the whole feries of the treaty, as the 
 foundation of the whole; and however after ridiculed and reflefted on by the 
 oppofers of the treaty, it appears to be the only foundation they could have 
 gone upon, and which was the only medium to bring the treaty into a poffibility 
 of coming to a happy conclufion. 
 
 No man could deny but all equalities confiftcd in proportions, and to have 
 extended the thing called equality of taxes to a numerical equality, as fome 
 
 pretend
 
 PROPERLY CALLED THE UNION. 125 
 
 pretend fn England, was faying nothing; the cuftoms, manner of valuation of 
 land, and innumerable circumftances of Scotland, rendered it imprafticable. 
 
 The Englilh Commiffioners therefore, when they infifted upon an equality of 
 taxes, readily agreed to the giving Scotland an equivalent for the payment of 
 their own debts, fo far as their cuftoms and excifes Ihould come into the ap- 
 propriations of the Englilh revenue. 
 
 What alterations, exceptions, and abatements were made, as to equalities of 
 taxes, will be fpoken to in the minutes of the Scots Parliament, where the 
 exceptions were made, and thofe calculations adjufted. 
 
 Friday the loth May, 1706. 
 
 The Lord Keeper, in the name of the Lords Commiffioners for England, 
 delivered to the Board a reply to tlie anfwer made on the 9th inftant, by the 
 Lords Commiffioners for Scotland, to their Lordlhips propofal on the 29th of 
 April laft, which was read. 
 
 The Lords Commiffioners for England obferving, that in the anfwer made 
 by the Lords Commiffioners for Scotland, the 9th inftant, to their Lordlhips 
 propofal of the 29th of April, that there be an equality of cuftoms, excifes, 
 and all other taxes throughout the united kingdom of Great-Britain, the 
 Lords Commiffioners for Scotland take no notice of what relates to excifes, the 
 Lords Commiffioners for England do therefore think it neceflary to infift upon 
 their faid propofal, as that without which there cannot be an entire Union be- 
 tween the two kingdoms, of which their Lordlhips are fo defirous on their 
 parts, that they are ready to agree to an equivalent for v/hat Scotland fhall be 
 taxed towards payment of the debts of England, in all particulars whatfoever. 
 
 Adjourned to Monday the 13th inftant, at 10 in the morning. 
 
 Monday the 13/^ of May, 1706. 
 
 The Lord Chancellor, in the name of the Lords Commiffioners for Scot- 
 land, delivered to the Board a further anfwer to the propofal made by the Lords 
 Commiffioners for England on the 29th of April laft, which was read. 
 
 The Lords Commiffioners for Scotland did take into their confideration the 
 propoial offered by the Lords Com.miffioners for England the 29th of April, 
 and found it comprehended fo many particulars, that they judged it moll pro- 
 per to anfwer it point by point; accordingly, on the 9th inftant, diey gave 
 an anfwer as to the cuftoms and land-tax, and did not mention any thing 
 dierein of the excifes, becaufe the confideration of thefe was depending before 
 the Committee of the Commiffiioners of both fides ; but to fatisfy the Lords 
 Commiffioners for England, that nothing fhail be wanting on the part of the 
 Lords Commiffioners for Scotland, that is neceffiiry for the attaining an entire 
 Union, they do agree to the equality of excifes on ale, beer, mum, cyder, 
 fweets, perry, low wines, aquavitae and fpirits ; but they do propofe an ex- 
 emption
 
 ia6 OF T H E L AS T T RE AT Y, 
 
 emption from all other burthens and excifes within Scotland for a competent 
 time, to be adjufted in the courfe of this treaty, that the fubjefts of Scotland 
 may (by the benefit arifing from the communication of trade) be put in a ca- 
 pacity to bear a proportion of other burthens and excifes, being willing at the 
 commencement of the Union, to bear equal excifes on all that is exported from 
 Scotland to England, or the Plantations : And the Lords Commiffioners for Scot- 
 land do hope, that the Lords Commiffioners for England will be convinced that the 
 immiUnity from thefe other burthens and excifes for a term of years, is confident 
 with an entire Union, and will not put the trade on an unequal foot, when the 
 prefent circumftances of both kingdoir.s are duly coniidered. 
 
 And whereas the Lords Commiffioners for England did, by their propofal, 
 declare they were ready to agree to an equivalent for what Scotland fliall be 
 taxed in towards the payment of tlie debts of England in all particulars what- 
 foever, the Lords Commiffioners for Scotland are ready to enter with their 
 Lordfhips into the confideration of this equivalent, and how to make it 
 effeftual. 
 
 The Lords Commiffioners for England withdrew, and being returned, the 
 Lord Keeper, in their Lordfliips names, delivered to the Board their reply to 
 the afoiefaid anfwer, which was read. 
 
 The Lords Commiffioners for England, taking into their confideration the 
 paper delivered to them this meeting, by the Lords Commiffioners for Scotland, 
 are fo fenfible of the Lords Commiffioners for Scotland's having agreed to an 
 equality of excifes, as to all excifeable liquors, (as the Lords Commiffiioners for 
 England underfland the fame) and to an equality of excifes and burthens on 
 all goods exported to England, and the Plantations, which the Lords Commif- 
 fioners for England do not doubt will be agreed to by the Lords Commiffioners 
 for Scotland, as to all goods exported to all places whatfoever, — that to fhew 
 their readinefs to comply with every thing reafonable, to the bringing this 
 treaty to a good effeft, they are willing to enter into the confideration of the 
 particular excifes and burthens point by point, which being of feveral natures, 
 fo that they will require to be diftinftly confidered, the Lords Commiffiioners 
 for England find itneceffiary to defire a little time for giving their opinion on each 
 particular head: Butingeneral are inclined to confent to an exemption of excifes and 
 burthens, as propofed in fuch cafes, where it may be done without prejudice to 
 the trade or manufaftures of England : As to the excifes, where an exemption 
 cannot be confented to without fuch inconvenicncy, the Lords Commiffiioners 
 for England will confider of a proper equivalent, or fome other expedient to 
 promote the defired Union of the two nations. 
 
 And as to thofe cuftoms and excifes, to which their Lordfhips have already 
 agreed, and for which an equivalent is to be allowed to the kingdom, of Scot- 
 land ;
 
 PROPERLY CALLED THE UNION. 127 
 
 land ; The Lords CoinmilTioners for England do think it would tend to the 
 difpatch of this treaty, that the Committee already appointed fliould continue 
 to fit, in order to the adjufting that matter. 
 
 Adjourned to Wednefday the 15th inftant, 5 in the evening. 
 Wednejday the 15 th of May , 1706. 
 
 The Lord Keeper, in the name of die Lords CommifTioners for England, 
 delivered to the Board an anfwer to the propofal made by the Lords Commif- 
 fioners for Scotland on the 13th inftant, which was read. 
 
 The Lords CommilTioners for England, taking into confideration the propo- 
 fal made by the Lords CommifTioners for Scodand on the 13th inftant, " That 
 " the kingdom of Scotland fhould be, for a competent time, exempted from all 
 " excifes and burthens, others than fuch as liave been agreed unto by the Lords 
 " CommifTioners for Scodand ;" have-, in order to comply with the faid propo- 
 fal, fo far as can be done without prejudice to the trade and manufadlures of 
 England, diftinftly enumerated and confidered the feveral excifes and burthens, 
 which are now payable by virtue of the divers afts of Parliament in England, 
 and which have not yet been agreed to by the Lords CommifTioners for Scot- 
 land, and do find the fame to confift of the particulars which are hereafter 
 mentioned, together with the opinion and anfwers of the Lords Commiflioners 
 for England, to the faid propofal, as to each of the faid refpeftive duties. 
 
 1. The duty on flamped paper, vellum and parchment, one moiety whereof 
 expires on the firft of Auguft, 1710 : — The Lords CommifTioners for England do 
 confent, that the kingdom of Scotland be exempted from the whole duty 
 until the firft of Auguft, which ftiall be in the year of our Lord 17 10. 
 
 2. The duty on births, marriages and burials, which being to expire the 
 firft of Auguft next, and therefore before the defirable Union can take place. 
 The Lords CommifTioners for England do conceive it to be wholly unnecef- 
 fary to enter further into the confideration of that duty, 
 
 3. The duty payable on windows and lights till the firft of Auguft, 17 10: — 
 The Lords CommifTioners for England are of opinion, that the kingdom of 
 Scotland fhali be exempted from the faid duty during that term. 
 
 4. The Duty on coals and culm, payable to the 30th of September, 17 10. 
 As to this duty, the Lords CommifTioners for England do confent, that the 
 kingdom of Scotland do remain exempted from the faid duty during the faid 
 term, as to all coals and culm confumed within die kingdom of Scotland, and 
 no otherways. 
 
 5. The duty on malt granted for no longer time than the 24th of June, 
 1707: — The Lords CommifTioners for England do confent, that the kingdom 
 of Scotland fhall remain exempted during the faid term from the faid duty. 
 
 6. The
 
 123 O 1- T H E L A S T T R E A T Y, 
 
 6. The duty on fait: — As to this duty, the Lords CommiiTioners for Eng- 
 land, to fliew their willingnefs to cafe for fome time the poor of the kingdom 
 of Scotland, do confent, that the kingdom of Scotland fhall, for a competent 
 time after the Union, (to be fettled in the progrefs of this treaty) remain ex- 
 empt from the payment of that duty for all fait fpent in kind, or ufcd in pro- 
 vifions fpent within the kingdom of Scotland : Provided, that the Lords Com- 
 miflloners for Scotland do propofe efiedlual methods to the Lords Commiflion- 
 ers for England, for fecuring, that the like duties, as are now payable in 
 England, be paid and coUcfted in the kingdom of Scotland, after the Union, 
 without fraud, as to all fait exported from that kingdom, either in kind or 
 provifions. 
 
 The Lord Chancellor, in the name of the Lords CommifTioners for Scotland, 
 delivered to the Board an explanation of their agreement to the excifes, &c. 
 mentioned in their Lordfliips paper delivered to the Board the 13th inftant, 
 which was read. 
 
 The Lords CommifTioners for Scotland, by their paper delivered the 13th 
 inftant, did mean an equality on all excifeable liquors, as the Lords Commif- 
 fioners for England did underftand it ; and they are willing there be an equa- 
 lity of excifes and burthens on all goods exported to all places whatfoever, 
 which they agreed to by their propofal the 9th inftant. 
 
 Adjourned to Friday the 17th inftant, in the evening. 
 
 Friday the \-jth of May, 1706. 
 The Lord Chancellor, in the name of the Lords CommifTioners for Scot- 
 land, delivered to the Board the following paper, in relation to the feveral 
 taxes and excifes to which their Lordfliips had agreed, and renewing their 
 propofal of the 13th inftant, for a general exemption for fome competent time, 
 from all other excifes and burdens, than thole already agreed to, which was 
 
 read. 
 
 The Lords CommifTioners for Scotland, fince the laft general meeting, have 
 ao^ain confidered the propofition made by the Lords CommifTioners for Eng- 
 land the aoth of April laft, viz. That there be the fame cuftoms, excifes and 
 all other taxes ; and the lame prohibitions, reftriftions and regulations of 
 trade throughout the united kingdom of Great-Britain, with the papers which 
 have been fince delivered by the CommifTioners of both kingdoms upon that 
 fubjeft, and do with great fatisfaftion obferve, that the difference, as to that 
 Important propofal, is brought to a very narrow compafs. And the Lords 
 CommifTioners for Scotland take this occafion to acknowledge the fenfe. they 
 have of the regard fliewn by the Lords CommifTioners for England, for the 
 fubjefts of Scotland after the defired Union j and the Lords CommifTioners for 
 
 Scotland
 
 PROPERLY CALLED THE UNION. 129 
 
 Scotland having, by their feveral propofab and ^nfwers, agreed to the fame re- 
 guhitions of trade, and to an equality of cuftoms and cxcifes upon all excifeable 
 liquors, and a quota of land tax, all to commence from the Union ; as alfo 
 to an equality of all other taxes after fome years, tliey do conceive, that they 
 have fully complied with the faid propofal of the 29th of April, excepting only_ 
 that they have propofed an exemption for fome, time from all further burthens, 
 than thofe exprefsly confented to. And as to the exemption defired, the Lords 
 Commiflioners for Scotland are very fenfible that the Lords Commiflloners for 
 England have not only, by their paper of the 13th inftant, declared, that tlicy 
 were inclined to confent in general to ;an exemption of excifes and burthens, as 
 propofed in fuch cafes, where it might be done without prejudice to the trade 
 and manufatftures of England; but that, in purfuance of that good difpofition, 
 their Lordfliips, by their paper of the 15th inftant, have confented to an ex- 
 emption in favour of the fubjefts of Scotland, from the feveral duties, and for 
 the particular terms therein mentioned, whereby the immunity defired is fo far 
 granted ; but the Lords Commiflioners for Scotland, from their confideration of 
 the prefent circumftances of that kingdom, find themfelves under a necefHty to 
 ^cnew their propofal of a general exemption, for fome competent time, from 
 all other excifes and burthens, befides thofe great duties and taxes already con- 
 fented to, that the fubjc6ts of Scotland may, by the benefit of trade, be en- 
 abled cheerfully to bear an equality of all other burdens, which will greatly 
 advance a firm Union and coalition of afFedlion and intereft between the two 
 kingdoms. 
 
 Adjourned to Saturday the 18th inftant, at 3 in the evening. 
 
 OBSERVATION V. 
 
 The CommifTioners were now entered upon the great inquiry about equa- 
 lities, and the firft matter relating to taxes was that of the land tax 5 
 the land tax in England was a formidable thing, being called a tax of 
 four fhillings in the pound of the rent of lands, &c. And the people who 
 were fond of throwing a tangled flccin in the hands of tlie treaters, that 
 might ftiock them at the'beginning, would have gone upon that foot, alledg- 
 ing, that though the rents in Scotland were differing from thofe in England; 
 yet that twenty fhillings fterling revenue being the fame thing any where, it 
 could as well afford to pay four fhillings out of it In Scotland as any where elfe ; 
 and uppn this foot, it feems, were, for bringing the rents of land in Scotland 
 to a true:eftimate'^ andTo'they Would calf this way of taxing' ari^eq'uality. 
 
 But to this it was anfwered, firft, that the Scots -w*ay of collefting their 
 'taxes, being rigorous and exafb, if four ftiillings' per pound were laid by Par- 
 liament upon the whole ifiand, their affeffments would bona fide' be four ihil- 
 , lings per pound, upon the rack rent of all their lands. 
 
 S Whereas
 
 130 OF THE LAST TREATY, 
 
 Whereas four fhillings per pound in England never puts the aflenbrs out of 
 their old road ; but every county being rated in the very body of the aft, the 
 title is ipfo fa£lo repealed, fince if tlie lands, &c. of that county will raife 
 the money by an afleffhient of one {billing and fix-pence per pound, and 
 it is known fome do for Icfs, the law is fatisfied, and the end anfwered. 
 
 Now to tax Scotland at four fhillings per pound upon her nett rent, and 
 tix the northern and weftern counties of England but at fo much money, 
 which they can raife by a proportion of fixteen-pence to twenty-pence at moft, 
 per pound, would be unreafonable. 
 
 So that it was plain, Scotland could not be taxed at a pound rate, but at 
 a proportioned fum, leaving them to the divifion of it, to raife it as they fee fit. 
 
 a. The fum charged upon lands in England, after it is levied and raifed 
 from the tenant, ftands charged with large dedu6lions and charges, upon the 
 levying, colleifting, and receiving j and thofe charges, if fome calculations 
 are right, amount to little lefs than nine pence per pound upon the money 
 received, befides public lofles by the infolvency of receivers and their fecu- 
 rities, which often times runs deep into the money ; and which though they 
 cannot be brought into an exaft account, yet put all together, twelve pence 
 per pound may at lead very well be charged upon the whole, as an off- 
 reckoning or difcount upon the money, between the coUeftion and Exchequer. 
 
 This twelve-pence per pound upon the money collefted is two-pence fo 
 per pound upon all the rents in England, and amounts in every land-tax to 
 near a hundred thoufand pounds flerling. 
 
 Now, as on the other hand, the Scots collcft all their tax at their own 
 charges, clear of all lofTes, deficiencies or defalcations, and pay it in nett to 
 the Exchequer or public treafure, to charge them by the fame numerical 
 equality with England, would be to make them pay their taxes clear of 
 charge, and bear part of the expence and lofs in collefting ours. 
 
 3. Differing cuftoms and manners of paying rent, and letting out lands in 
 the two kingdoms, make a numerical equality impradlicable. 
 
 In England the rents are paid in money, in Scotland they are, generally 
 fpeaking, paid in kind, or viftual, as they call it : now though it is true this 
 may, and is, in fome refpeft, brought to a head by a general valuation, yet, with 
 this difference, againft a Scots landlord to an Englifh, viz. That the Scots 
 landlord flays two terms, and runs two rifques in his receiving the rent of his 
 land. 
 
 Firfl, he flays the term agreed to receive of his tenant ; and fecondly, he trufls 
 the merchant a fccond term, to whom he fells the produce he receives of his 
 tenant ; in the fame fenfe he runs two hazards ; one in the folvency of the tenant, 
 and the other of the merchant; which makes a confiderable difference in the 
 cffential value of the rent, and confequently of the purchafe of fuch an eflate ; 
 
 and
 
 PROPERLY CALLED THE UNION. iji 
 
 and though the purchafe or real value of lands in Scotland may not come into 
 this difpute ; yet were an eftate let in England to pay the rent in kind, it would 
 fell for much lefs than an eftate of the fame value paid in fpecie : nor would it 
 be taxed at near fo much in our common afleflment. 
 
 4. The difference in letting lands in England, which are in many places fined 
 down, and the ftated rents reduced, makes another variation : whereas in 
 Scotland lands are let without leafes, or but on fhort terms, and at a rack 
 rent ; any man that knows what belongs to letting or taking lands in England, 
 cannot be ignorant, that the landlord letting a long leafe to the tenant, confin- 
 ing him to fuch and fuch improvement, makes frequent confiderations in the 
 rent, and fo the land being taxed by the rent, is taxed under the value. 
 
 On the other hand, Ihould this article of four Ihillings per pound be 
 infifted on in the literal fenfe, and the Scots come to confider how to avoid 
 it, by fining down rents, and other advantageous methods, which they may 
 eafily find out, they may foon evade the aft, and pay little or nothing ; and 
 this would be an evil hard to difcover; and, if found out, almoft impoffible 
 to cure. 
 
 From thefe reafons it was plain, a numerical or arithmetical equality could 
 not be the foundation of thofe debates; — but, as it was very well ftyled, it 
 behoved to be a geometrical equality, founded on a fcale of proportions ; 
 and that fcale formed upon due confiderations, not of real value only, but of 
 circumftances and profpefts of either kingdom. 
 
 A fecond calculation was then propofed, from the proportion which Scot- 
 land was obliged to pay under Oliver Cromwell, who having reduced Scotland 
 by arms, incorporated them into one body with this nation ; and by this incor- 
 poration, they were rated at 6,000 per month, in their land-tax, wlien Eng- 
 land was rated at 70,0001. per month. 
 
 It alfo appears, by the fame calculation, that Scotland paid this 6,ocol. per 
 month when England paid but 35,000!. per month. 
 
 Now to apply this calculation to the prefent cafe, the land-tax in England, 
 in time of war, at 4s. per pound is fuppofed to raife two millions fterling. 
 
 The Scots paying 6,oool. to England's 35,000!. per month, which is fome- 
 thing lefs than a fixth part, by the fame rule, in two millions per annum, 
 which the faid land-tax raifes, they muft be chargeable with 333, 333^. 6s. 8d. 
 per ^nnum, land-tax. 
 
 But this arbitrary difference, which Oliver Cromwell and his Parliament 
 made, as is obferved, was in confideration that England had, for divers 
 years paft, been at almoft all the expence of the war ; yet ftill, at the for- 
 mer calculation, Scotland would, in a four {hilling aid pay half that fum, 
 viz. i66,666L 13s. 4d. per annum. 
 
 S a Now,
 
 132 OFTHELASTTREATY, 
 
 Now, to examine the rents of each kingdom, the annual rents of lands in 
 Scotland, mtift, by the firft calculation, amount to i, 666, 6661. 13s. 4d. fterl. 
 per annum ; and, by the laft calculation, juft half the money. 
 
 Both which fums, it was alledged, are far wide of an equality, and far 
 beyond what Scotland is able to raife. 
 
 I am the larger on this head, that pofterity may fee the reafons why rhefe 
 
 calculations were made, and have the arguments preferved for their ufe, if 
 
 it be difputed hereafter, why Scotland fliould pay fo fmall a proportion in the 
 
 land-taxes, or four fliilling aid; and which may help others to defend Scotland 
 
 'againft 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 neceflary to enter a little into the fhort hiftory of 
 taxes in Scotland, fince the Reftoration ; which, bringing it down to the pre- 
 fent time, may ferve 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 obfolete, and 
 now grown out of ufe, as the cuftom of tenths, fifteenths, fubfidies, &c. are 
 in England. 
 
 The now method of taxing land has its beginning, as to pra6lice, in the 
 afTeflfment of 6,ocol. per month, fettled in Scotland in Cromwell's time, when 
 an Union was aftually formed and fettled between the nations; of which, how- 
 ever deficient in itfelf, without doubt this may be faid, that it had in it the 
 effential parts, and might be modelled into a compleat coalition. 
 
 This is the tax they now go by in Scotland, and is called there the cefs, by 
 which is underftood a month's afTefTment ; it is raifed upon land by a method 
 peculiarly exaft, and I have never heard any one complain of the inequality. 
 
 It is raifed, as is before noted, without any charge, dedudlion, or defalcation, 
 "'•and is paid nett into the Treafury. 
 
 According as the occafions of the Government require, tliis tax is encreafcd ; 
 • but tlien not the fum per month is encreafed, but the number of months are 
 encreafed, which, by theTielp of time, encreafes the fum. 
 
 'The bi-iginal of the demand was as before, and of the method, but the 
 continuance of it was thus introduced: 
 
 In former times, the Kings of Scotland contented themfelvcs with the ancient 
 demefnes, crown lands, cuftoms, &cc. and, on extraordinary cafes, the Taxa- 
 tion, as above, was their fupply ; excifes of any fort were altogether unknown, 
 till the days of King Charles the Second. 
 
 King Charles the Second, in the ytar 1661, obtained of the Scots"to give him 
 
 a fettled fum of 40,0001. fterling during his life, in confideration whereof, he 
 
 })romifed never to demand any cefs, or taxation, except in time of war, as 
 
 ■ by the words of the aft as follows : 
 
 2 IhirteentJs
 
 PROPERLY CALLED THE UNION. ijj 
 
 Thirteenth Atl of the firft Parliament, Charles II. 
 
 " The Eftates of Parliament, taking to their confideration the great happi- 
 ." nefs this kingdom hath enjoyed;, &c. and that the King's Majefty hath been gra- 
 " cioufly pleafed, notwitliftanding all the provocations given to himfelf and his 
 'f royal father, to evidence his afFeftion and favour to this his ancient kingdom, 
 " &c. do with all humble duty acknowledge His Majefty's unparalleled grace 
 " and goodnefs, &c. 
 
 " And feeing, for the due eftablifhmcnt of His Majefty's authority, and fet- 
 '' ling and fecuring the peace of the kingdom. His Majefty may have occafion 
 '' to raife and keep fome forces within this kingdom, and His Majefty has fig- 
 " nified his refolution not to raife any more cefs. Therefore, and from the due 
 '" fenfe of their duty and obligations, the Eftates of Parliament do, in the name 
 " of the kingdom, make an humble and cheerful off"er to his Majefty, of a yearly 
 *' annuity of 40,000!. fterl. during all the days of his Majefty's life-time." 
 
 This 40,0001. was raifed by 8,oool. laid as impoft on foreign importations} 
 and 32,0001. per annum on malt brewed into liquor for fale ; but as this 
 •was a novelty, and uncertain in its produce, a cefs was granted to make good 
 the deficiency, which deficiency generally amounted to two months cefs, more 
 or lefs ; and other cefs than this Scotland knew none till the Convention 
 1666, which being a time of war, a cefs was impofed, but not exceeding 
 three months. 
 
 Here it may be obferved, that in thefe times the excifes and cuftoms of 
 Scotland could not raife 40,0001. per annum, put together, which I note foj. 
 theother ufes which I fhall make of it hereafter. But to go on with my 
 ■ hiftory. 
 
 From this time to the year 1678, Scotland had no more cefs, nor was at 
 any charge more than to make good the deficiency of the 40,oooL men- 
 tioned before ; except three months cefs 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 divifion, but a court divifion alfo ; and 
 people ftrove at any price to oblige the Sovereign, in giving up their privileges 
 and liberties to be trampled on by arbitrary defigns. The firft fruits of thij 
 courting the Prince appeared in, that they brought atax of five montJis cefs upon 
 . the country, to be continued for five years j \vhi,ch, though in time of peace 
 . was backed with a fpeclous- pretence of the difaffeftion of the fanatics, or to 
 exprefs it in a more modern phrafe, the danger of the church, as follows : 
 
 A51 of Convention^' loth of July, 1678. 
 " The Convention of Eftates of the kingdom of Scotland, by Hk Majefty's 
 '* authority and command at thistime aflembled, confidering the great hap- 
 
 " pinefs.
 
 134 OF THE LAST TREATY, 
 
 *' pinefs, &c. and as all Kings and Eftates do at prelent carefully fecure them- 
 *' felves and their peoplcj by providing againft all fuch foreign invafions and 
 ** inteftine commotions as may make them a prey to their enemies ; fo it is 
 " not fit that this kingdom fliould only, of all others, remain without defence, 
 *' in a time when thefe dangerous field conventicles, declared by law rendez- 
 " voufes of rebellion, do ftill grow in their numbers and infolencies, againft 
 " all which the prefent forces cannot be in reafon thought a foitable fecurity . 
 " in recognizance thereof, &c. the Convention of Eftates, &c. do humbly be- 
 " feech His Majefty to accept their cheerful and humble tender of a new 
 *' fupply." 
 
 This was tlie firft infraftion upon the Scots, to cover which Duke Lauderdale 
 then Commiffioner, feigned a new word, and put upon it the glofs of a voluntary 
 offer, or free gift. 
 
 When this had been impofed for about three years, and two years before it 
 expired, King James, then Duke of York, and high Commiffioner in Scotland, 
 anno 1681, obtained the continuation of this five months cefs for three years, 
 which was to the year 1684. After this, when he came to the crown, he ad- 
 vanced it by his mere abfolute command to eight months cefs, and had it con- 
 firmed to him for his life. Vide the aft, as follows : 
 
 I zth A51 of Parliament, January 7 . 
 
 " The Eftates of Parliament calling to mind the many great blelTings they 
 *' have and do enjoy under the proteftion of the Royal Government, and efpe- 
 " cially by the many deliverances from the rebellious infurreftions and defigns 
 " of fanatical traitors, from whom they could expeft no lefs than confufion in 
 " religion, opprefTion, &c. And that the terror of His Majefty's forces 
 " hath been very inftrumental for procuring our prefent fecurity ; but confidcr_ 
 " ing, that not only thefe enemies continue their inveterate hatred againft King 
 *' and people; but that their frequent difappointments have heightened their 
 " malice to defpair, and that the prefent forces may be too few to undergo all 
 " the fatigue which His Majefty's fervice, 8cc. may require ; and to demon- 
 " flu-ate to all feditious men, that this nation is refolved to beftow all they have 
 " in the King's fervice, rather than to bear the leaft of their infults. Do tliere. 
 '* fore, for them felves and the nation reprefented by them, make a hearty and 
 " dutiful offer, &c. over and above the five months already impofed, &c. 
 " whereby there will be four months cefs payable at each term hereafter; and 
 " as a farther evidence of their entire afFeftion, &c. they humbly and heartily 
 " offer a continuation of the faid four months cefs, termly, during all the terms 
 " of his Majefty's life-time, which God Almighty long preferve." 
 
 In this taxation or cefs, the feveral court parties ftruggled who Haould give 
 
 their
 
 PROPERLY CALLED THE UNION. 135 
 
 their country away faded; the Bifliops got into every part of the civil jurifdic- 
 tion i the feverities againft the people firfl: drove them into dcfpcrations and 
 rebellions, and then fuch advantages were taken, and fuch ufe naade of the 
 faid infurredlions to ruin others, that the poor people were brought to the brink 
 of general ruin : the nation being brought to that pafs, that a man might be 
 fined or forfeited ; that is, his eftate taken from him, for his wife's giving a half- 
 penny at his door to a common beggar, on pretence it was relieving a rebel. 
 
 Thus poor Scotland was bought and fold, and the example is ufeful for our 
 obfervation a great many ways ; for thus fhall every nation be ufed, that is di- 
 vided into contending parties, and expofed to an incroaching government. 
 
 But that I may not have faid all this foreign to the prefent purpofe, it is very 
 obfervable, and this is the reafon of the quotation, that this will make one 
 period for taxation, viz. The highelt that an arbitrary Prince, backed with a 
 mercenary nobility, and a governing clergy, even in the greateft extreme of ab- 
 folute tyranny, ever impofed upon this nation, which at that time it is evident 
 they defired to fqueeze, and cared not if they intirely ruined. 
 
 Come we now to the Revolution, which thefe exorbitances had no little 
 influence upon : The firft thing tranfafted upon the meeting of the Eflates or 
 Convention of Scotland, was to break thefe chains ; re-affume the power of 
 raifing taxes by Parliament, and make themfelves judges both of the occafion 
 and of the fum. 
 
 However, as in England, fince the Revolution, greater occafions have called 
 for immenfe fums to carry on the war, and fuch taxes have been raifed as 
 were never heard of before ; fo in Scotland the Parliament have agreed to 
 fuch taxes as, the aforefaid time of tyranny excepted, were never known in 
 Scotland before. 
 
 Yet, in the carrying on this War, fix orfeven months cefs, has, one time with 
 another, been thought Scotland's full proportion, and the late King, excepting 
 one or two years on extraordinary occafions, always contented himfelf with it, 
 and this at the fame time that England raifed four {hillings per pound upon 
 their land ; nor did Queen Anne ever demand more of her fubjefts in 
 Scotland, though the weight of the war was as great as ever ; and this was 
 called another period of taxation. 
 
 Now, what was meant by a geometrical fcale, or equality in taxes, is drawn 
 from thefe proportions. 
 
 That, fince exa<5t valuation of rents cannot be made on both fides, and lead 
 of all in England, it feems as good a way to come at this equality, as any 
 could be propofed. 
 
 That the highed period of taxes that ever Scotland bore fince the Redoration 
 may be taken on one iand, and fet againft the higheft period of taxes that 
 
 ever
 
 ij6 OF THE LAST TREATY, 
 
 ever Englancl bore, that is, of a land-tax on both fides j and put thefe togetlier 
 as the fcale of equality. 
 
 , Thus, fuppofe the Scots eight months cefs, though that was the heighth of 
 tyrannic impolition, and though it is allowed the Scots are manifeftly impo- 
 verilhed, and lefs able to bear it than they were ; yet, fay it be full eight 
 months cefs, and fet thisagainft the Englifh four fhillings per pound, it could 
 not be found that any more juft calculation could be madej and the proportion 
 fcemed fo clear, that every fide appeared content with it. 
 
 Thus, whenever a tax upon land for four fhillings per pound is granted, the 
 Scots pay eight months cefs; if of two fhillings per pound in England, four 
 months cefs ; and fo in proportion. 
 
 There were other calculations offered about that time, but none feemed fb 
 rationally and fo exactly ftated to the circumftances of the nations, or built on 
 fo juft a foundation ; and therefore, it met with lefs difficulty than was expeftcd, 
 as will appear hereafter. 
 
 Saturday the i%th of May, 1706. 
 
 The Lord Keeper, in the name of the Lords Commiffioners for England, 
 delivered to the Board their anfwer to the paper delivered by the Lords Com- 
 miffioners for Scotland the 17th inftant, which was read. 
 
 The Lords Commiffioners for Scotland, on the 9th inftant, propofed a 
 quota of a land- tax, and agreed to the fame regulations of trade, and to an 
 equality of cuftoms ; and on. the 13th agreed to an equality of excifes on all 
 excifeable liquors ; but, at the fame time, their Lordffiips propofed an ex- 
 emption from all other burthens and excifes for a competent time. 
 
 The Lords Commiffiioners for England did the fame day return anfwer, that 
 their Lordffiips would enter into the confideration of the particular excifes and 
 burthens point by point, and on the 15th inftant did return their anfwer dif- 
 tinftly, to the particular, excifes and burthens payable by virtue of feveral ads 
 of Parliament in England, in fuch manner, as their Lordffiips had reafon to 
 hope, would have been to the entire fatisfadion of the Lords Commiffioners 
 for Scotland; but the Lords Commiffiioners for England finding, by the paper 
 delivered in on the 17th inftant by the Lords Commiffiioners for Scotland, tliat 
 though they do take notice of the faid anfwer. of the 15th, yet their Lordffiips 
 have thought fit to renew their propofal of a general exemption for fome cbmr 
 petent time, from all other excifes and burthens, befidcs thefe their Lordffiips 
 had already confented to : The Lords Commiffiioners for England did under- 
 ftand that propofal of the 1 jth,. to . extend only to fuch other; burthens and 
 excifes as are now fubfifting in England, to every one of which their Lordffiips 
 think they liave given a full and diftinft anfwer; and if it ffiall appear that any 
 
 particulars
 
 PROPERLY CALLED THE UNION. 137 
 
 particulars have been omitted in that anfwer, the Lords CommiiTioners for Eng- 
 land will enter into the confidcration of them, and return their opinion thereup- 
 on ; but if the Lords CommifTioners for Scotland would extend their propoftl 
 of the 13th to an exemption from all burthens and excifes, which the Parliament 
 of Great-Britain may hereafter find neceflary to impofe on the united kingdom ; 
 the Lords CommiiTioners for England are of opinion, that it cannot be fuppofed, 
 the Parliament of Great-Britain will ever lay any fort of burthens upon tlic 
 united kingdom, but what they fliall find of neceffity at that time for the pre- 
 fcrvation and good of the whole, and with due regard to the circumftanccs and 
 abilities of every part of the united kingdom ; and to allow of any fuppofition to 
 the contrary, v/ould be to form and fet up an tinanfwerable argument againft the 
 Union itfelf; therefore, the Lords CommifTioners for England do defire that 
 the Lords Commiffloners for Scotland would take into their confideration 
 the feveral particulars in that paper delivered to them by tlie Lords Commif- 
 fioners for England on the 15th inftant, and return luch anfwer to them as their 
 Lordfhips fliall think fit. 
 
 Adjourned to Tuefday the aifl inftant, 5 in the evening. 
 
 Ttiejday the 2 1 ft of May^ 1706. 
 
 The Lord Chancellor, in the name of the Lords CommifTioners for Scodand, 
 delivered to the Board their Lordftiips anfwer to the papers delivered by the 
 Lords CommiiTioners for England on the 15th and i8th inftant, which was read. 
 
 The Lords CommiiTioners for Scotland have taken into their confideration, 
 the papers delivered by the Lords CommifTioners for England on the 15th and 
 1 8th inftant, and do underftand that the firft contains all the feveral kind of bur- 
 thens and excifes now in ufe in England, befides thole to which the Lords 
 CommifTioners for Scotland have already agreed. 
 
 And as to the feveral particulars contained in the fald papers : 
 
 I . As to duties on ftamped paper, vellum and parchment, feeing the exemp- 
 tion from that impofition can have no influence on trade or manufaftures, and 
 that the fald duty does affeil the fecurities of the fubjeifls eftates, adding like- 
 wife a new condition, which being omitted may make their rights and titles void : 
 and further confidering, that the faid duty will be uneafy to the people, charoe- 
 able in colleding, and of fmall value ; the Lords CommifTioners for Scotland 
 do propofe, that the kingdom of Scotland be wholly exempted from the fame, 
 or at leaft that the exemption from the faid duties, agreed to by the Lords 
 CommifTioners for England in the faid paper of the 15th inftant, be prolonged 
 beyond the year 17 10, to a certain period, as to that moiety which is impofed 
 for perpetuity. 
 
 1. As to the other particular duties, which expire in the year 17 10 or fooner, 
 from which the Lords CommifTioners for England have agreed that th^ king- 
 dom of Scotland fhalJ be exempted j the Lords Commiflloners for Scotland do 
 
 T underftand.
 
 138 OF THE LAST TREATY, 
 
 underftand, that it was the meaning of the Lords CommilTioners for England, 
 to extend that exemption to the duty laid on cinders. 
 
 3. As to the duty on fait ; the Lords CommifTioners for England having 
 confented, that tlie kingdom of Scotland fliall, for a competent time after the 
 Union, remain exempted from the payment of that duty, for all fait fpent in 
 kind, or ufed in provifions, within the kingdom of Scotland, provided that the 
 Lords CommifTioners for Scotland Hiould propofe effeftual methods for fecuring, 
 that the like duties as are now payable in England, be paid and coUeeted in the 
 kingdom of Scotland after the Union, as to all fait exported from that kingdom, 
 either in kind or provifions : the Lords Commiffioners for Scotland have here- 
 with given in a fcheme of fuch regulations as have occurred to them, for fe- 
 curing, that the duty propofed be collected in Scotland, as to all fait exported, 
 from that kingdom in kind or provifions, and are willing to agree to what other 
 methods fhall be propofed on that behalf by the Lords Commiffioners for Eng- 
 land ; and tlieir Lordfliips are ready to enter with the Lords Commiffioners for 
 England, on the confideration of the time to which the faid exemption fliall be 
 limited ; and the Lords Commiffioners for Scotland doubt not, byt as the 
 Lords Commiffiioners for England have agreed to the exemption propofed 
 from all burthens or excifes now in ufe, but thofe confented to by the Lords 
 Commiffioners for Scotland, that the Lords Commiffioners for England will 
 alfo agree, that the kingdom of Scotland remain exempted from any duties 
 (except thofe agreed to) which may be laid on by the Parliament of England 
 before the Union. 
 
 And as to the general exemption formerly propofed on the part of Scotland, 
 from all other burthens than thofe confented to for a competent time; the 
 Lords Commiffioners for Scotland confidering what the Lords Commiffioners 
 for England have obferved, that it cannot be fuppofed the Parliament of Great 
 Britain will ever lay any fort of burthens upon the united kingdom, but what 
 tliey fhall find of neceffity at that time, for the prefervation and good of the 
 whole, and with due regard to the circumftances and abilities of every part of 
 the united kingdom : therefore the Lords Commiffioners for Scotland, to 
 avoid the difficulty that may arife in that matter, do agree, not to infift further 
 at prefent, but to leave the continuation of the faid exemption to be determined 
 by the Parliament of Great Britain. 
 
 And the Lords Commiffioners for Scotland having, by this and their former 
 papers, anfwered the propofal made by tlie Lords Commiffioners for England 
 on the 29th of April, concerning the equality of taxes, the Lords Commiffi- 
 oners for Scotland take this occafion to put the Lords Commiffioners for Eng- 
 land in mind of a propofal given in to their Lordfhips the 9th infVant, concern- 
 ing the quota of land-tax for the kingdom of Scotland, not doubting, but that 
 the Liords Commiffioners for England will agree to tlie fame. 
 
 The
 
 PROPERLY CALLED THE UNION. t^^ 
 
 The Lord Chancellor did alfo, in name of the Lords CommifTioners for 
 Scodand, deliver to the Board the following propofal, which was read. 
 Propofal for the effeftual preventing the exportation of Scots Hdtto England, or 
 the Plantations, without paying tlie fame excifes, with v/hich Englifli fait 
 is charged, during the exemption allowed to Scotland from the faid duty. 
 
 1. That no fait be tranfported from Scodand to England by land, under the 
 penalty of forfeiting the fait and the horfes ufed in tranfpordng it, and pay ten 
 fliillings for every bufhel of fait fo tranfported, for Vv-hich the carrier, as well as 
 the owner, fliall be liable conjundly and feverally, and the carriers to be im- 
 prifoned until the faid penalty be paid. 
 
 2. That all fait water-borne be entered at a Cuftom office, and that before 
 fldpping there be a report made, exprelTing to what port the fhip or veffel is 
 bound, and if bound to any port within Scotland, there fliall be fufficient fe- 
 curity given for the duty payable in fix months, with this condition, that in 
 cafe a cerdficate be returned from the Colieflor or CoUeftors where the fliip or 
 vefiel is bound, that the fame quantity was truly and without fraud found loaded 
 at the faid port or ports, reafonable allowance being made for wafte fince the 
 embarkation ; then and in that cafe the bond for tlie duty to become void : and 
 in cafe the fhip or vefTel be bound for England or the Plantations, the excife or 
 duty chargeable on the like fait in England fhall be prefently paid in money, 
 and a tranfire or certificate fubfcribed by the Colledor, expreffing the quantity 
 of fait entered and the duty paid j and if any fliip or velTel load fait on board, 
 and export the fame without duly reporting, entering and carrying the faid tran- 
 fire or cerdficate along with him, to be produced at the port of difcharge, the 
 fhip or vefTel unloading fhall be confifcated, and the mafter impriibned for three 
 months ; and in cafe of any fraud or connivance in the CoUedor or other offi- 
 cers of the cuftom-houfe, the faid Colkftor or other officer fhall be liable to 
 pay a year's falary, and be deprived of his office. 
 
 3. As to provifionsj all fiihes and flefli barrelled for exportation are ap- 
 pointed to be packed and cured with foreign fait, without any mixture of Scotch 
 or Englifh fait, by the law of Scotland, which foreign fair falls under the regu- 
 lation of foreign trade, and there are no other valuable provifions that can bs 
 imported from Scotland j and the Lords Commiffioners for Scotland are willing 
 to agree to any further propofal that fhall be made for preventing fraud in im- 
 porting Scotch fait, or fidted provifions. 
 
 Ikr Majejly came to the Meeting, and being Jcated in her Chair, /poke to tie 
 
 Lords Commiffioners as followeth. 
 " My Lords, 
 
 " I AM fo much concerned for tlie Union of the two kingdoms, that I could 
 
 " not fatisfy myfelf witliout com.ing, before I went out of town, to fee what 
 
 T a progrefs
 
 I40 OFTHELASTTREATY, -r 
 
 " progrefs you had made in the treaty, and to recommend very earneftly to you 
 " the bringing it to a happy conclufion with as much difpatch as the nature of it 
 *' will admit, not doubting of the general fatisfadtion which my fubjefts of both 
 " kingdoms will receive in finding you overcome all difficulties to attain fo great 
 " and public a good." 
 
 The Lord Keeper defired to know of Her Majefty, if fhe would be pleafed 
 to hear the propofals made on either fide, and the refolutions hitherto taken 
 thereupon, read by the refpeftive Secretaries ; which Her Majefty was pleafed to 
 allow of, and the fame were read accordingly. 
 
 After reading whereof. Her Majefty went away, and the Lords Commifiioners 
 adjourned to Thurfday the 23d inftant, 10 o'clock in the morning. 
 
 OBSERVATION VL 
 
 And thus, after all the difficulties which were thought unfurmountable by 
 fome, and endeavoured to be made (o by others, the affair of the land-tax was 
 fettled : the next article was the equality of excifes, cuftoms, and other appro- 
 priated funds, and thefe had fundry difficulties. 
 
 Some were grievous to Scotland with reJpeft to their magnitude only, in 
 which cafe, though Scotland was to be fuppofed to pay duties under the fame 
 denominations, yet the Scots CommifTioners pretended to infift upon it, that they 
 were not able to pay the fame funis with England, but that it muft be reduced 
 to a proportioned equality as in the land-tax, and this refpefled the excife and 
 fcveral branches of the cuftoms. 
 
 Others were grievous to Scotland in the kind, and were thought imprai5licable, 
 at leaft for a time, the trade, poverty, and other circumftances of Scotland not 
 admitting them ; thefe were the tax upon malt, and the excife, or duty on fait. 
 
 Others again were fuch as were altogether impra;il:icable, as having none of 
 the materials to work on in Scotland, or fuch as could not rationally be ex- 
 pefted from them, fuch as t!ie taxes upon coals, culm, hawkers and pedlars, 
 hackney-coachmen, births, burials, and marriages, glafs-windows, ftamped 
 paper, and die like. 
 
 In the beginning of the debate on thefe heads, the equality of cuftoms, 
 export and import, with the fame reftriftions and regulations of trade was 
 agreed to by the Scots Commifiioners; for the neceffity of commerce made it 
 plain, there could be no adjufting trade without that. An open, free, uninter-- 
 rupted commerce by land being the confequence of an Union, they would 
 otherwife ruin the Englilh trade by fupplying the Englifli markets with all forts 
 of imported goods cheaper than tlie Englifti merchants could do; and this 
 would be a moft deftruiftive article in trade, efpccially in fine goods. For 
 example, in linens from Hamborough or Holland, or in tobacco, coffee, tea, 
 chocolate, and fuch other tilings as were then under large duty and fmall 
 a carriage ;
 
 PROPERLY CALLED THE UNION. 141 
 
 Carriage; thefe would all be fpread over England by the Scots, and make im- 
 ipeakablc confufions in trade. 
 
 It was the fooner concluded therefore, that the cuftoms, prohibitions and 
 charges of all foreign importations muft be numerically and literally the fame 
 in both nations. But as the Englifli cuftoms were already appropriated to pay 
 the Englifh debts, and the Scots had before propofed, that neither kingdom 
 be burthened with the debts of the other contradted before the Union, this 
 equality was found very difficult, and next to impradticable; and this brought on 
 the affair of an equivalent, of which hereafter. 
 
 This now run through all the heads of taxes ; for there remained no queftion, 
 but that an equivalent was a full compenfation for any difficulty propofed ; and 
 yet the fettling an equivalent here feemed no fatisfaftion. It was alledged, an 
 equivalent was a national fatisfadtion indeed, but not a perfbnalj that it could 
 not relieve the particular people it opprefled, no, nor make good the damage 
 of the particular trade it would injure ; and therefore, the Scots Commiffionera 
 ftrove hard to avoid the taxes wholly, rather than to come into them, though 
 with an equivalent^ — but it was not to be done; there could be no other 
 method that could make both fides equally eafy. . 
 
 After this had therefore been long difcourfed, the Scots Commiffioners came 
 into the article of equality of excifes on liquors, and the cuftoms on exported 
 and imported goods; the debate of what that equality was, did not lay before 
 them, but feemed referred on both fides to the refpedive Parliaments, and there 
 we Ihall meet with it again at large. 
 
 The cuftoms and excifes on liquors being thus fettled, the Scots Commiffion- 
 ers excepted againft all other excifes and burthens, and infifted upon it as a 
 thing Scotland was not then in a condition to come into, at leaft for the pre- 
 fent, as you fee it exprefled in the Minutes of May 13. And it is obfervable 
 the Scots Commiffioners made this propofal with a great deal of candour and 
 regard to the Engliffi, as appears by their obviating the objeftion which they 
 knew would be made of the carrying fait and malt into England ; for it was the 
 particular duties on fait and malt, which they had an eye to in this propofal, in 
 which they defired exemption for fo much only as fhould be confumed in 
 Scotland. 
 
 Upon this occafion the Committee was appointed to examine and ftate the 
 nature of the equivalent, and on which particular articles it was to be allowed; 
 and as this was doing, the Commiflioners in their meetings, went upon the par- 
 ticular points of excifes or taxes which were to be objefted againft. 
 
 The ftamped paper, the births, butials, windows, &c. were without much 
 difficulty conceded to the Scots; for as the circumftances of thofe duties made 
 Ihem improper, fo the ftamped duties could not have been extended to Scot- 
 land,
 
 142 OF THE LAST TREATY, 
 
 land, the methods and cuftoms of which would have made it impraflicable in 
 fome cafes, and intolerable in others. 
 
 The duties on coals, culm and cinders, alfo occafioned very fmall debates, 
 the Scots being ho otherwife exempted from thofe duties, than a great part of 
 England is, who pay no duty for all their rivcr-bornc coals; and the quantity of 
 coals carried by fea in Scotland, is fo very fmall as not to deferve any notice ; 
 howbeit all the coal exported from Scotland, or Scots coal expended in Eng- 
 land, pays as in England. 
 
 The births and burial aft expired, and having been grievous in England, It 
 Was hot probable it fliould be renewed. 
 
 The hackney-coachmen's aft could not concern Scotland, there being fo few 
 hackney-coaches in Edinburgh, as not to make it worth notice. 
 
 The malt and fait tax occafioned the greateft debate, the circumftances of 
 Scotland were argued, though with great modefiy and decency on either fide ; 
 and the JEnglifh Commiffioners were foon triade fenfibie, that, in the prefenc 
 circumftances of Scotland, thofe duties could not be borne there. 
 
 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 
 oppreflive to the Scots in their trade. 
 
 I. Be'caufe' they are exorbitant in their rate, being charged not upon the 
 value, bul upon the bulk of the commodity ; and the goods bearing fo dif- 
 ferent a Value in Scotland and in England, to put the duty equal', would be to 
 tax the Scots in three times the fum they are taxed at in England. 
 
 For example, the duty upon fait is charged by weight in general, and this 
 being "calculated in Scotland, would amount to i6s. 4d. ftcrling, upon 3s. 
 value, and in England to but i6s. 4d. fterling, upon los. 6d. Value, or there- 
 about ; let any man ftare the proportion, and they will eafily allow- the tax to be 
 intolerable to the Scots; fince, by the fame proportion, the Englifh ought to 
 pay 2I. 17s. 4d. for the fame quantity of fait, or the Scots cnight to pay but 
 4s. 8d. for that which by this tax is rated at i6s. 4d. and. tlie.Jike,. though not 
 in fo great a difference for the malt. j;':'' ::o .::•'"!.'; ••,'■': ■rr- 
 
 a. The weight of the fak tax lies efpecially on the poor, who in Scotland 
 live very much on fait meats, and whofe differing condition from the Englifli 
 does not permit, nor cannot bear being taxed at all, much lefs equal to the 
 Englifh. 
 
 . Thefc arguments brought die Englilli Commiffioners to agree to an ex- 
 emption for a time; the Scbts CommilTioncrs infiftt-d upon an,, exemption tQ 
 jjerpetiiity ; but the anfwcr of the Englifti Commiffioners ftated in the Minutes 
 of the 13th of May is very cltar, and- obliged the Scots Commiffioners to 
 
 ae^iefce. 
 
 For
 
 PROPERLY CALLED THE UNION. 143 
 
 For it could not be thought reafonable to tie up the hands of the united 
 kingdom for ever, not to lay on fuch duties or taxes. as the circumftances of 
 trade and of the nation might make reafonable. 
 
 The treaterson both fides therefore acquiefcedin the exemption from the othw 
 feveral duties during the refpecStive terms they were given for ; leaving the con- 
 fideration of further exemptions to the Britiili Parliament, what alteration this 
 part received, and upon what confideration in the Parliament enfuing in Scot- 
 land, fliall appear in its place. — 
 
 There was an objeftion offered here about what duties might be laid on by 
 the very next Parliament of England, which being to fit almoft at the fame time 
 with the Parliament in Scotland, and confequently before the Union could 
 connmence, might alter the ftate of the prefent duties j and fo the conclufions 
 .might be all to be made over again. 
 
 But this was after fome debate regulated as per the Minutes, by obliging 
 Scotland to raife her part of the charge of the year 1707, as ufual, and Eng- 
 land her part, each feparately and apart, and the feveral duties and funds 
 ■mentioned, were to remain juft as they flood at the time of the treaty. 
 
 This, and the quota of the land-tax being brought in together, was readily 
 agreed to on both fides. 
 
 And thus this great difficulty, which was thought the moft dangerous in die 
 whole treaty, was brought into a very narrow compafs ; for the bufinefs was 
 now only to ftate the matter of the equivalent, what it Ihould be, and how to 
 be difpofed. 
 
 "What it lliould be, admitted no long- debate ; for, as it was a payment of 
 money, nothing but money could be an equivalent to it. 
 
 How much it was to be, depended upon matter of fatSt, and was referved to 
 ■f xad; calculation from the foot of the cuftoms and excife. 
 
 As to the manner how it fhould be difpofed, the Commiffioners did not 
 adjuft it at all, fave in generals, of which hereafter in its courfe. 
 
 It has been objefted indeed, as an omiffion in the Commiffioners, that they 
 did not adjuft the application of the equivalent in Scotland j but their reafons 
 were, i. Becaufe they had a refpeft 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, exclufive of all others, to difpofe of it. 
 
 1. They were not v/illing to enter upon a thing in which the determination 
 of properties might be entangled, conceiving it did not lie before them to 
 conclude private interefts, or exclude any, as they might have done, who had 
 reafon to claim upon old debts, fome in King James's time, and fome in King 
 Charles's time, and the like. 
 
 3. It was thought this might raife objections againft the Union in people, 
 
 who.
 
 J44 O F THE LAS T TREATY, 
 
 /' 
 
 ■who, being biafTed by their intereft, would oppofe the general intercfl: on their 
 own particular accounts. 
 
 It was now that the Union appeared hopeful, and people began to be fur- 
 prifed at the fuccefs j the Queen herfelf, pleafed with the prolpeft, canae to the 
 ■meeting, and hearing the Minutes read, exprcfled an extraordinary fatisfaftion 
 in the fteps taken by the CommifTioners, and the hopes conceived of bringing 
 this great matter to a happy conclufion. 
 
 Thur/day the ajd of May ^ 1706. 
 
 The Lord Keeper, in name of the Lords Commiffioners for England, de- 
 livered to the Board the following anfwer to the paper delivered by the Lords 
 Commiffioners for Scotland the 21ft inftant, which was read. 
 
 The Lords Commiffioners for England having confidered the papers delivered 
 by the Lords Commiffioners for Scotland on the 21ft inftant, and being defirous 
 to remove all difficulties in this treaty, return this anfwer. 
 
 That whereas the Lords Commiffioners for England have already confented 
 .that the kingdom of Scotland be exempted from the whole duty on ftamped 
 paper, vellum and parchment, till the ift of Auguft 17 10, at which time one 
 part thereof expires ; the Lords Commiffioners for England do now confenr, 
 that the kingdom of Scotland fhall not be charged with the other part of that 
 duty during the continuance of that duty by any aft now in force. 
 
 And do agree, it was and is the intent of the Lords Commiffioners for Eng- 
 land, that the kingdom of Scotland be exempted from the payment of the 
 duty laid on cinders, in fuch manner as the Lords Commiffioners 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 fcheme propofed by the Lords Commiffioners for Scotland, for 
 fecuring, that the duty on fait now payable in England, be collefted in Scotland 
 after the Union, as to all fait exported from that kingdom in kind, or provifions ; 
 the Lords Commiffioners for England have thought it neceflary to receive 
 fome information concerning that matter, from the officers principally con- 
 cerned in the management of that duty; and until the Lords Commiffioners 
 for England can be fatisfied concerning the fufficiency of thefe, or other 
 methods for the end propofed, they conceive they cannot properly enter with 
 the Lords Commiffioners for Scotland on the confideration of the time, to 
 which the exemption of Scotland from that duty fhall 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 fervice of the 
 year 1707; the Lords Commiffioners for England do agree, that the king- 
 dom of Scotland fhall not be charged with thofe duties, upon this confideration, 
 
 that
 
 PROPERLY CALLED THE UNION. 14^ 
 
 that the Parliament of Scotland do naake the neceflary provifion for the public 
 charge and fervice of the year 1707 in that kingdom, provided, that if the 
 Parliament of England fliall think fit to lay a further charge on the cuftonis, 
 or thofe excifes, of which the Lords CommifTioners for Scotland have agreed to 
 bear equal burdens in fuch cafes ; the Lords CommifTioners for England propofe 
 the kingdom of Scotland be liable to the fame cuftoms and excifes, having an 
 equivalent to be fettled by the Parliament of Great Britain : And as to the 
 quota of a land-tax for the kingdom of Scotland, propofcd by the Lords 
 CommifTioners for Scotland, the Lords CommifTioners for England do agree, 
 •that whenever the fum of i,997)76jl. 8s. 4^d. fhall be enafted by the 
 -Parliament of Great Britain to be raifed in England on land, and other things 
 ufually charged in adls of Parliament, for granting an aid to the Crown by land- 
 tax, the kingdom of Scotland fliall be charged by the fame aft with the further 
 fum of 48000I. as the quota of that kingdom to fuch tax, and fo propor- 
 tionably for any greater or lefTer fum raifed on the kingdom of England by any 
 tax upon land, and other things ufually charged together with the land. 
 Adjourned to Friday the 24th inftant, 5 in the evening. 
 
 OBSERVATION VII. 
 
 It is very remarkable here, that, in the exemptions from feveral duties in tliis 
 treaty, there is a certain limitation only to the aft then in force, and to the time 
 for which thefe duties were then laid on. — From v/hence fome afterward took oc- 
 cafion againft the treaters on the Scots fide, as if they had thereby tacitly con- 
 fented, that thofe duties fhould be charged upon Scotland, after the expiration 
 of the time limited. 
 
 But they that pleafe to examine more nicely into this matter will find it 
 quite otherwife. The Englifli CommifTioners confenting to an exemption from 
 taxes to the Scot?, for as far as the feveral duties debated were laid, feemed 
 as much as could reafonably be expefted they fhould agree to j fince, to have 
 gone farther, had been to abridge the united Parliament that was to follow, and 
 tacitly to acknowledge what was but too frequently fuggefled, that they would be 
 partial to the EnglilTi, and coniequently might opprefs the Scots: — This was 
 the true meaning of that part of the anfwer the Englifh Commiflioners gave to 
 the Scots paper, May 1 8, viz. " But if the Lords CommifTioners for Scot- 
 " land would extend their propofal of the 13th to an exemption from all bur- 
 " dens and excifes, which the Parliament of Great Britain may hereafter find 
 " necefTiry to impofe on the united kingdom; the Lords CommifTioners for Eng- 
 " land are of opinion, that it cannot be fuppofed the Parliament of Great 
 " Britain will ever lay any fort of burdens upon the united kingdom, but what 
 " they fliall find of necefllty at that time, for the prefervation and good of the 
 
 U " whole }
 
 146 OF THE LAST TREATY, 
 
 " whole J and witli due regard to the circumftances and abilities of every part 
 " of the united kingdom; and to allow of any fuppofition to the contrary, would 
 " be to form and fet up an unanfwerable argument againft the Union itfelf." 
 
 This was very happily forefeen, and, by this method, prevented; for nothing 
 ■yvas more certain than that this very argument would be raifed; and, in the 
 debating this treaty in Scotland, in the Parliament there, it was one of the great 
 .pl,eas, and thought to be an unanfwerable argument againft the Union, viz. 
 '■' That the Parliament of Great Britain might, and would, being biafled by 
 '* the majority of votes on the Englifh fide, lay burdens on Scotland, without 
 " regard to the circumftances and ability of that part of the united kingdom."— 
 And it would indeed have been an unanfwerable argument, if the Lords Com- 
 miffloners had extended their limitations of taxes beyond the expiration of the 
 .^jdlis which were then in being. 
 
 Therefore they refolved to leave it indefinite, only with their concefllons, as 
 reafons for, and precedents of future abatements to Scotland; and this the 
 Commiffioners of Scotland found fo reafonable, as that they could not indeed 
 objeft againft it. — As to any duties which the Parliament then in being in Eng- 
 land, and which were at hand to fit, viz. in Odober next following, it was 
 butjuft to tie them up; and the Engliih Commiflioners 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 leaft 
 contribute to the great and main end of the treaty, the Union. 
 
 And now, they having Clerks appointed to afllft them in the calculations of 
 the equivalent, which took up a great deal of time, they were obliged to ad- 
 journ the affair of funds, taxes, proportion of debts, &:c. and go upon other 
 articles in the mean time. 
 
 Friday the i^th of May, 1706. 
 
 The Lord Chancellor, in name of the Lords Commiflioners for Scotland, 
 delivered to the Board the following paper, which was read. 
 
 The Lords Commiflioners for Scotland are very fenfible of the care, which 
 the Lords Commiflioners for England have taken to remove difficulties in this 
 important article, concerning common taxes and impofitions; and their Lord- 
 fliips doubt not, that the joint defires and endeavours of the Lords Commiflioners 
 for both kingdoms will bring this treaty to a good and fpeedy conclufion, in 
 every point. 
 
 And as to the particulars contained in the anfwer given in by the Lords- 
 Commiflioners for England, the 23d inftant ; the Lords Commiflioners for 
 Scotland do accept the faid anfwer as fatisfying, as to the exemption of tlie 
 
 kingdom
 
 PROPERLY CALLEDB THE U fJI O N, i^f 
 
 kingdom of Scotland from the dories uportlVamped paper, vellum, in'd jJarch- 
 ment, and upon cinders ; arid as to the quota<of land-tax for Scotland. ' 
 
 And as to the article concerning the fait, the Lords GommilTioners for Scot- 
 land are very well fatisfied, thattheLords Commiffioners for England taike what 
 time they judge needful for informing themfelves, and preparing the moft proper^ 
 methods for fecuring what their Lordfhips propofed ; the Lords' CommifTioners 
 for Scotland being very ready to concur on their part. 
 
 As to the duties whkh may be laid on by the Parliament of England, before 
 the meeting of the Parliament of Great Britain, the Lords Commiffioners for 
 Scotland do underftand, that the faid ahfwer is" intended by tlve Lords Com- 
 miflioners for England, as an agreemfent to thfe propbfal rinade 6y tlie' Lor'ds' 
 Commiffioners for Scotland, " That that kingdom might remainexempted from' 
 «< all other duties laid on by the Parliament of England before the Union, except 
 " thofe confented to j" and the Lords Commiffioners for Scotland do agree, that 
 all neceflary provifion fliall be made within the kingdom of Scotland, for the 
 charge and fervice of that kingdom, during thfe time that fhall intervene, be- 
 fore the meeting of the Parliament of Great Britain , 
 
 And whereas the Lords Commiflioners for England do propofe, that, if the 
 Parliament of England fhall think fit to lay a farther charge on the cufloms, or 
 thofe excifes, of which the Lords ComniifTioners for Scotland have agreed to 
 bear equal burdens, in fuch cafes, the kingdom of Scotland be liable to the 
 fame cufloms and excifes, having an equivalent to be fettled by the Parliament of 
 Great Britain j the Lords CommifTioners for Scotland do confent in the terms 
 propofed. 
 
 And feeing the adjufVing of the equivalent, and fettling the endurance of the 
 exemption from the duty on fait, may require fome time, the Lords Commif- 
 fioners for Scotland are ready, either to proceed on thefe matters until they be 
 fully adjufted, or to enter on the confideration of the conftitution of the Par- 
 liament of Great Britain ; the refervation of laws and judicatures, or any 
 other remaining head to be treated on, as fhall be agreed by the Lords Com- 
 mifTioners for both kingdoms, while, in the mean time, the Committee is pre- 
 paring what lies before them. 
 
 Adjourned to Saturday the a5th inftant, at fix in the evening. 
 
 Saturday the i^th of May, 1706. 
 The Lord Keeper, in name of the Lords Commiffioners for England, deli- 
 vered to the Board their Lordfhips anfwer to the paper delivered by the Lords 
 Commiffioners for Scotland the 24th inftant, which was read. 
 
 All the matters which have hitherto been under the confideration of tlie Com- 
 miffioners for both kingdoms, appearing by the paper delivered by the Lords 
 
 U 2 Commiffioners
 
 148 OFTHELASTTREATY, 
 
 CommifTioners for Scotland, the 24th inftant, to be adjufted, except only the 
 determination of the equivalent, and the time for which the exemption of 
 Scotland from the duty on fait is to endure (both which things arc put into a 
 proper method to be brought to a conclufion), the Lords CommifTioners for 
 England are ready to receive any further propofal from the Lords CommifTioners 
 for Scotland, in order to the bringing this treaty to a fpeedy and happy coa- 
 clufion. 
 
 Adjourned to Monday the 27 th inftant, at 6 in the evening. 
 
 Monday the i-jth of May, 1706. 
 The Lord Chancellor, in name of the Lords CommifTioners for Scotland, 
 acquainted the Board that their Lordlhips for Scotland were preparing a pro- 
 pofal concerning the refervation of laws and judicatures in Scotland, after the 
 Union, which would be ready to offer to the Board at next meeting. 
 Adjourned toWednefday the 29th inftant, at fix in the evening. 
 
 IFednefday the i^th.of May, 1706. 
 The Lord Chancellor, in the name of the Lords Com^mifTioners for Scotland, 
 delivered to the Board the following propofal, which was read. 
 
 The Lords CommifTioners for Scotland having already agreed to an equality 
 of cuftoms and excife upon all exifeable liquors, and to the fame regulations of 
 trade throughout the whole united kingdom, as a confequence thereof} their 
 Lord fhips do now agree, that the laws concerning regulation of trade, cuftoms 
 and excife upon all excifeable liquors, be the fame in Scotland, after the Union, 
 as in England. 
 
 ' But the Lords CommifTioners for Scotland do propofe, that all other laws in 
 ufe within the kingdom of Scotland do, after the Union, and notwithftanding 
 thereof, remain in the fame force as before, but alterable by the Parliament of 
 Great Britain, with this difference betwixt the laws concerning public right, 
 policy and government, and thofe which concern private right. That the laws 
 which concern public right, policy, and government, may be made the fame 
 throughout the whole united kingdom ; but tliat no alteration be made in the 
 laws which concern private right, except for evident utility of the fubjcfls within 
 that part of the united kingdom now called Scotland. And as to the judicatures 
 within Scotland, the Lords CommifTioners for Scotland do propofe as followeth : 
 That the Court of SefTion, or College of Juftlce, do, after the Union, and 
 notwithftanding thereof, remain, in all time coming, within Scotland, as it is 
 now conftituted by the laws of that kingdom, and with the fame authority and 
 privileges as before the Union -, flibjeft, neverthelefs, to fuch regulations for 
 the better adminiftration of juftice as Ihall be made by the Parliament of Great 
 Britain. 
 
 That the Court of Juftrciary do alfo, after the Union, and notwithftanding 
 thcrtof, remain, in all time coming, within Scotland, as it is now conftituted 
 
 by
 
 PROPERLY CALLED THE UNION. 149 
 
 by the laws of that kingdom, and with the faoie authority and privileges as 
 before the Union ; fubjeft, neverthelefs, to fuch regulations as fhall be made 
 by the Parliament of Great Britain, and without prejudice of other rights of 
 jufticiary. 
 
 That all other courts prefently in being within the kingdom of Scotland do 
 remain, but fubjeft to alterations by the Parliament of Great Britain ; and that 
 all inferior courts, within the faid limits, do remain fubordinate, as they now 
 are, to the fupreme courts of juftice within the fame, in all time coming. 
 
 That no caufes in the kingdom of Scotland be cognizable by the Courts of 
 Chancery, Queen's Bench, Common Pleas, or any other court in Weftminfter- 
 Hall ; and that the faid courts, orany others of the like nature, after the Union, 
 fhall have no power to cognize, review, or alter the afts or fcntences of the 
 judicatures within Scotland, or flop the execution of the fame. 
 
 That there be a Court of Exchequer in Scotland after the Union for decid- 
 ing queftions concerning the revenues of cuftoms and excifes, having the fame 
 power and authority as the Court of Exchequer has in England ; and that the 
 faid Court of Exchequer in Scotland have power of pafllng fignatures, gifts, 
 tutories, and in other things, as the Court of Exchequer at prefent in Scotland 
 hath J and that the Court of Exchequer that now is in Scotland do remain, 
 until a new Court of Exchequer be fettled by the Parliament of Great Britain 
 in that kingdom after the Union. 
 
 That after the Union, the Queen's Majefty and her royal fucceflbrs may 
 continue a Privy Council in Scotland, for preferving of public order and peace, 
 until the Parliament of Great Britain fhall think fit to alter it, or eftablifh any 
 other efFedual method for that end. 
 
 That all heretable ofEces and jurifdiftions, and offices or jurifdidions for 
 life, be referved to the owners thereof, as right of property, notwithflanding of 
 this treaty, in the fame manner as they are now enjoyed by the law of Scotland. 
 
 That the rights and privileges of the royal boroughs in Scotland, as they 
 now are, do remain entire after the Union, and notwithflanding thereof. 
 
 Adjourned to Thurfday the 30th inftant, 6 in the evening.. 
 
 OBSERVATION VIII.. 
 
 The refcrve of judicatories in Scotland being now the debate, it is needful 
 only to explain a few things for the information of the reader, as to the nature 
 of thofe judicatories and referves. 
 
 It was abfolutely neceffary to rcferve the laws, courts of juftice, and civil or 
 criminal judicatories, becaufe the refpeftive kingdoms being governed by differ- 
 ing cui^om.s, rights, laws, and methods of juftice, it would have infinitely em- 
 barralled the treaty nov/, and the kingdoms afterward, to have made any alteration :. 
 2. would
 
 would have p'erfeflly put a ftopW all- public juftlee foV a time, aitd all ehepeffdrt'^ 
 bred to the law in that kingdom, who" had changed their laWsj \Vould have beefi- 
 rendered unable to pra<5life or difcharge their duty to thefr clients, &:c. and 
 have been, by confequence, divefted of their livelihoods j thefe difficulties ap- 
 pearing fo great, the Englifh Commiilloners came readily into it, only with 
 a- few reftriftionsv As, 
 
 I. " That all laws for the regulating trade, CAjftoms and' excifes be the fanri^ 
 " In Scotland after the Union as in England :" This was abfolutely nec^flary 
 to be done, though if they fliould extend the word, to all laws for regulation of 
 trade, it might be run out to difficult extremes, and occafion an urtanfwerable 
 difpute ; but moderately fpeaking, it was abfolutely neceflary to prevent the 
 confufion among officers in colledling, the revenue, ftating and fettling the cuf- 
 toms and excifes, which were now to be extended to both countries. 
 
 '2. Again, it was mofl: neceflary that their other laws flibuld be alterable by 
 the Parliament of Great Britain, otlierwife this had been to tie up the hands of 
 the future Conftitution from making neceflary provifion againll whatever in- 
 conveniences might happen in the government j and I mention this here, be- 
 caufe in the tumultuary clamours raifed aftefrwards againft the treaty, and 
 againft the treaters, this was one of the great quarrels. That they had given up 
 the laws and conftitution of Scotland, and had fu bj eft ed them to the arbitrary 
 votes of a Britifli Parliament ; in which it was alledged, the majority being fb- 
 much Englifh, the Scots could expeft nothing but difadvantage. But it is 
 apparent, and was at the time of the treaty confidered, that the leaving the laws 
 of Scotland fubject to alteration by the Britifh Parliament, fignified no more 
 than leaving room for the Parliament in cafes of neceffity, or indeed, on all 
 occafions, to make laws for Scotland, as Ihould appear needful for the public 
 advantage, always referving their general form of law and proceedings of juftice, 
 as before ; and without this, Scotland muft have been miferably left without a 
 legiflature, and have had no opportunitity to have helped herfelf in cafes con- 
 tingent, or have obtained any more or other laws for the rectification of any of 
 the common abufes of her government, which it feems thefe objcftors did not 
 think it worth their while to confider. 
 
 And that this alone was the meaning of thefe words, " Alterable by the Parlia- 
 " ment of Great Britain," and that it was underftood fo on both hands, is 
 evident from the very words of the propofal of tlie Scots Commiffioners, when 
 they propofe the alternative between public and private right, — " with this 
 " difference betwixt the laws concerning public right, policy and government, 
 " and thofe which concern private right ; that the laws which concern public 
 '• right, policy and government, may be made the fame throughout the whole 
 " united kindomi but that no alteration be made in the laws which concern 
 
 " private
 
 PROPERLY Cx\LLED THE UNION. ip 
 
 « private right, except for evident utility of the fubjefts within that part of tlie 
 *' united kingdom now called Scotland," 
 
 The three next articles do alfo ftill more evidently confirm this, viz. " That 
 " the Court of Seffion, or College of Juftice, do, after the Union, and not- 
 " withftanding thereof, remain in all time coming within Scotland, as it is now 
 " conftituted by the laws of that kingdom, and with the fame authority and pri- 
 " vileges as before the Union ; fubjeft neverthelefs, to fuch regulations for the 
 " better adminiftration of juftice, as fliall be made by the Parliament of Great 
 " Britain. 
 
 " That the Court of Judiciary do alfo, after the Union, and notwithftanding 
 « thereof, remain in all time coming within Scotland, as it is now conftituted 
 *< by the laws of that kingdom, and with the fame authority and privileges as 
 " before the Union ; fubjeft neverthelefs, to fuch regulations as fliall be made 
 " by the Parliament of Great Britain, and without prejudice of other rights 
 " of jufticiary. 
 
 *' That all other courts prefently in being within the kingdom of Scotland, 
 *' do remain, but fubje6l to alterations by the Parliament of Great Britain ; and 
 <' that all inferior courts within the faid limits do remain fubordinate, as they 
 *' now are, to the fupreme courts of juftice within the fame, in all time 
 
 *' coming. 
 
 Now it was thought moft irrational to argue, that the laws and conftitution 
 of juftice in Scotland was in this treaty given up to the Englifh ; when, as by 
 thefe articles, the courts of juftice, and the general form of adminiftration, fuch 
 as the feffion, jufticiary, and all odier courts, were to remain in force for ever, 
 or in all time coming. 
 
 And yet, as if this had not been enough to fecure the Scots from this fear, 
 the Commiffioners for Scotland form the negative, and in it enter on the parti- 
 culars, viz. " That no caufes in the kingdom of Scotland be cognizable by 
 " the Courts of Chancery, Queen's Bench, Common Pleas, or any other courts 
 " in Weftminfter Hall, and that the faid courts, or any other of the like 
 " nature, after the Union, ftiall have no power to cognize, review, or alter the 
 *' afts or fentences of the judicatures within Scotland, or ftop the execution of 
 *' the fame." 
 
 The Privy Council indeed was left to the Queen to diflblve or continue, as 
 her Majefty might fee caufe; — but that was by the treaty fubjecft to Parlia- 
 mentary determination j and how the Queen referred it to the Parliament, will 
 appear in its courfe. 
 
 Nay, the treaters were fo tender of this general invading the particulars, that 
 
 they took care to exempt private jurifdiftions and properties frorn the power 
 
 4 or
 
 152 OFTHELASTTREATY, 
 
 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 Parliament, 
 in time, to have difiblved, givingf atisfaftion to the parties concerned ; I mean 
 fuch as heretable offices, jurifdictions for life. Sec. 
 
 All thefe provifions were fo exactly ftated, and fo forcible in themfelves, and 
 the Scots Commiflioners had fo fliown both their capacity in the affairs of Scot- 
 land, and their candour in refpeft to Union, in the great affair before them, that 
 the EnglilTi Commiffioners made no objeflion, but agreed to it^ as they, the 
 Scots Commiffioners, had brought it in, without any amendment. 
 
 And this formed the i8th, 19th, 20th, and 21ft articles of the Union, which 
 were fo clearly digefted, that they admitted little or no debate afterwards in the 
 Parliament of Scotland, where all the reft paffed the ftrifteft fcrutiny, and almoft 
 a fiery trial. 
 
 1'hurfday the 30/^ of May, 1706. 
 
 The Lord Keeper, in name of the Lords Commiffioners for England, deli- 
 vered to the Board the following anfwer to the propofal made by the Lords 
 Commiffioners for Scotland the 29th inftant, which was read. 
 
 The Lords Commiffioners for England having confidered the feveral propofals 
 contained in the paper delivered the 29th inftant, by the Lords Commiffioners 
 for Scotland, and being extremely defirous to bring this treaty to a fpeedy and 
 happy conclufion, do agree to the fame, referving ftill the confideration of the 
 Courts of Admiralty of Scotland to the further progrefs of this treaty. 
 
 Adjourned to Saturday the ift of June, 1706, 6 in the evening. 
 
 Saturday the ift of June, 1706. 
 The Lord Keeper, in name of the Lords Commiffioners for England, ac- 
 quainted the Board, that their Lordlhips for England were preparing fome 
 propofals, which would be ready to offer to the Board at the next meeting. 
 Adjourned to Wednefday the 5th inftant, fix in the evening. 
 IVednefday the ^t\\ of June, 1706. 
 The Lord Treafurer, in name of the Lords Commiffioners for England, 
 delivered to the Board the following anfwer to the propoflil offered by the 
 Lords Commiffioners for Scotland the 21ft of May paft, which was read. 
 
 The Lords Commiffioners for England having taken into confideration the 
 propofals delivered in to them the 21ft day of May laft by the Lords Com- 
 miffioners for Scotland, for the effectual preventing the exportation of Scots 
 fait to England or the Plantations, without paying the fame excifes with which 
 Enf^lifti fait is charged, during the exemption allowed to Scotland from the faid 
 duty, do give the following anfwer to the feveral propofals therein. 
 
 I. As to the firft article of the faid propofal, viz. that no fait be tranfported 
 
 front>
 
 PROPERLY CALLED THE UNION. 153 
 
 Irom Scotland to England by land under the penalty of forfeiting tlie fair, and 
 the horfes ufed in tranfporting it, and paying ten fhillings for every bufhcl of 
 fait fo tranfported, for which the carriers, as well as the owner, fhall be liable 
 conjunctly and feverally, and the carrier be imprifoned until the faid penalty 
 be paid. 
 
 The Lords CommifTionw-s for Eno;land do a^ree to the fame with the alter- 
 ations following, viz. that no fait be tranfported from Scotland to England by 
 land in any manner whatfoever, under the penalty of forfeiting the fait, and the 
 cattle and carriages made ufe of in tranfporting it, and paying twenty ihillings for 
 every bulliel of fuch fait, and proportionable for a greater or lefTer quantity, for 
 which th€ carrier, as well as the owner, fhall be liable conjundlly and feverally, 
 and the perfons carrying the fame to be imprifoned by any one juftice of the 
 peace by the fpace of fix months, without bail or main-prize, and until the 
 penalty be paid. 
 
 1. As to the fecond article relating to fait water-borne, to be carried from 
 port to port in Scotland, and fait exported from Scotland to England or the 
 Plantations : 
 
 The Lords CommilTioners for England, as to that part of it which relates 
 to fait water-borne, to be carried from port to port in Scotland, do agree to the 
 fame. 
 
 And as to that part of the faid propofal which relates to fait exported from 
 Scotland to England by fea, the Lords Commiflioners for England do propofe, 
 that there fhall be paid in England, for all fait made in Scotland, and imported 
 from thence into England, the fame duty upon the importation as fhall be paid 
 for fait made in England, to be levied and fecured in the fame manner as the 
 duties on foreign fait are to be levied and fecured in England ; and if any 
 other fait which is not made in Scotland, fhall be imported from thence into 
 England, the fame to be charged with the duties on foreign fait imported into 
 England, to be levied and fecured in the fame manner. 
 
 And as to the laftpart of the f«tid article relating to fait exported from Scot- 
 land to the Plantations : 
 
 The Lords CommifTioners for England do not infill that any duty ought to 
 be paid for the fame, or for fait exported from Scotland to any other foreign 
 place whatfoever, in regard, that upon the exportation of fait from England to 
 the Plantations, or any other foreign parts, the duty before paid :for the fame, 
 is to be repaid. 
 
 ^. And as to that part of the laft article of, the faid propofal, which relates 
 t© faked fifli exported from Scotland into England : 
 
 The Lords Commiflioners for England do propofe, that for all fuch fifli 
 tl.erc fhall be paid in England, upon the importation thereof, fuch fums of 
 
 X money
 
 1^4' OFTHELASTTREATY, 
 
 money as by the law relating to the duties upon fait in England are allowed, 
 and re-paid to the exporter thereof upon exportation of the like fifh from 
 England to foreign parts, in regard all fait ufed in fidi cured and confumed 
 in England is liable to duties of the fame value ; and in cafe the faid fifli Ihall 
 be re-exported from England, the duties paid for the fame, upon importation 
 thereof, fhall be re-paid. 
 
 And as to all faked fifh exported from Scotland to any other place, the 
 Lords CommilTiGners for England do not infift that any duty fhall be paid in 
 Scotland for the fait ufed therein, in regard, upon die exportation of fuch fifh 
 from England to any foreign parts, the exporter thereof hath an allowance out 
 of the duties on fait, of fo much money as the duty of the fait ufed in curing 
 fuch fifh amounts to. 
 
 And as to that part- of the faid article which relates to faked flefh exported 
 from Scotland, in regard all faked flefh confumed in England, or made ufe of 
 for viftualling of fi'iips there, or exported from England to parts beyond the 
 feas, is cured with fait, for which the duty on fait is paid in England, and not 
 re-paid upon exportation of any fuch fiefli from England, and there being fo 
 much fait ufed in the curing one hundredweight of flefh (each hundred weight 
 being computed at one hundred and twelve pound weight) as the duty thereof 
 payable in England amounts to two fhillings : 
 
 The Lords CornmifHoners for England do propofe, that there be paid in. 
 England, upon the importation of every fuch hundred weight of Ilelh from 
 Scotland, two fliillings; and that before fuch fiefli is fo exported from Scot- 
 land, an entry be made at the cuflom^houfc of the port of exportation in Scot- 
 land, of the quantity of flefh fo to be exported, and the port- in England for 
 which the fame is bound, and fecurity given by bond to her Majefty, at the 
 faid port of exportation in Scotland, that the laid flefh fhall be landed at the 
 port in England for which the flime fhall be fo entered, or at fome other port in 
 England, the danger of the feas and enemies excepted ; which bond fhall be 
 delivered up upon producing a certificate from the collectors or officers of the 
 cuftoms of the port of importation in England, that fueh flefh was landed and 
 left at the faid port. And that the duty of two fhillings be paid in Scotland for 
 sU faked flefh made ufe of for vidlualling of fhips there, or exported from 
 thence to any other parts befides England : and that no faked flefh be brought 
 into England from Scotland by land, under the penalty of forfeiting the fame, 
 or the value thereof, and the cattle and carriages employed in carrying thereof, 
 and of the like imprifonment as they have before propofcd, in cafe of falc 
 brought from Scotland to England by land. 
 
 And if any frauds fhall hereafter appear, which are not fufficiently provided 
 
 againfl: by the foregoing propofals, the Lords CommifTioners for England do' 
 
 4 propofe.
 
 PROPERLY CALLED THE UNION. 155 
 
 propofe, the fame fhall be fubjed to fuch further provifions as fhall be thought 
 lit by the Parliament of Great Britain. 
 
 And whereas the Lords Commi/Tioners for England did, in their paper deli- 
 vered the 15th of May laft paft, confent, that the kingdom of Scotland (hould, for 
 a competent time, remain exempted from payment of the duty on fait, for all die 
 .fait fpent in kind, or ufed in provifions fpent within that kingdom: the Lords 
 Commiffioners for England do now propofc, that the kingdom of Scotland fhall 
 remain exempt from payment of that duty for all fait fpent in kind, or ufed in 
 provifions within the faid kingdom, for the term of feven years after the Union, 
 upon the Lords Commiffioners for Scotland agreeing to the propofals above- 
 mendoned. 
 
 The Lord Treafurer, in name of the Lords Commiffioners for England, 
 alfo delivered to the Board the following propol'al, which was read. 
 
 That all admiralty jurifdiftion be under the Lord High Admiral of Great 
 Britain, or Commiffioners for the vldmiralty of Great Britain for the time 
 being ; and that appeals from the High Court of Admiralty of Great Britain 
 to be to the Queen, in the fame manner as is now fettled in England. 
 
 Adjourned to Friday the 7th inftant, 6 in the evening. 
 
 Friday the 7 th of June, 1706. 
 
 The Lord Chancellor, in name of the Lords Commiffioners for Scotland, 
 delivered to the Board the following paper, which was read. 
 
 The Lords Commiffiioners for Scotland do agree to the propofal contained in 
 the anfwer delivered by the Lords Commiffioners for England the 5th inftant, 
 concerning the effe6tual preventing the exportation of Scots fait from Scotland 
 to England, without paying the fame excifes with which the Englifli fait is 
 charged during the exemption allowed to Scotland from the faid duty, with the 
 following alterations : 
 
 I. As to that part of the fecond article, viz, that if any fait which is not 
 made in Scotland ftiall be imported to England from thence, the fame to be 
 charged with the duties of foreign fait imported into England, to be levied 
 and fecured in the fame mann-er : The Lords Commiffiioners for Scotland 
 do underftand, that it is not the meaning of the Lords Commiffiioners for 
 England, by the faid propofal, to lay a double duty on foreign fait, exported 
 from Scotland to England, once to be exaded at importation of the faid fait into 
 Scotland, and the like duty at the importation into England from Scotland, 
 but that the foreign fait imported into Scotland be charged, at the importation 
 there, with the fime duties after the Union, as the like fait is charged with, 
 being imported into England, to be levied and fecured in the fame manner : 
 and for further fecurity in that cafe, the Lords Commiffiioners for Scotland do 
 propofe, that certificates be fent with foreign fait, exported from Scotland into 
 
 X 2 England,
 
 156 OF THE LAST TREATY, 
 
 England, from the Cuftpm-Office in Scotland, where the faid foreign fait was 
 firft imported, to the Cuftom-Officc in England, where the faid fait (hall hap- 
 pen to be tranfported, bearing the payment of, or fecurity given for the duties 
 at the faid port, under this penalty, that foreign fait exported from Scotlaiid 
 into England without fuch certificates, fliall be confifcated. 
 
 2. As to the third article relating to faked fifli or flefh, exported from Scot- 
 land into England, and faked fleil-i made ufe of for vidualling of ihips in 
 Scotland, or exported from Scotland to parts beyond the feas : the Lords 
 Commifiioners for Scotland do apprehend, that the faid articles do only concern 
 fuch fifh and flefli as is cured in whole or in part with Scots fait, there being 
 an obvious difference betwixt the cafe of thefe, and of fuch filh and flefb, 
 exported from Scotland to England, as is wholly cured with foreign fait, in 
 regard that foreign fait is to pay the like duty as in England at importation 
 into Scotland, and therefore ought not to pay a fecond duty. 
 
 And the Lords Commiffioners for Scotland do propofe, that if the duty on 
 fait take place in Scotland, after the expiration of feven years, during which 
 time the exemption is agreed to, that then the kingdom of Scotland Ihall have 
 an equivalent. 
 
 The Lord Keeper, In name of the Lords Commiffioners for England, deli- 
 vered to the Board the following propofal, which was read. 
 
 The Lords Commiffioners for England being extremely defirous to come to 
 a fpeedy conclufion of the prefent treaty, for an Union of the two kingdoms, 
 and it having been already agreed, that the united kingdom be reprefented by 
 one and the fame Parliament ; their Lordfhips have turned their thoughts to 
 confider what may be a proper and reafonable number for the Reprefentaxive o-f 
 Scotland in the Houfe of Commons of the united Parliament; and do propofe 
 to the Lords Commiffioners for Scotland, that thirty- eight perfons be the num- 
 ber by which that part of the united kingdom, now called Scotland, fliall be 
 reprefented in the Houfe of Commons, whenever a Parliament fliall be called in 
 Great Britain. 
 
 Adjourned to Tuefday the i ith infliant, 6 in the evening. 
 
 1'uejday the nth of Juue, 1706. 
 The Lord Chancellor, in name of the Lords Commiffioners for Scotland, 
 delivered to the Board the following anfwer to the propofal made by the Lords 
 Commiffioners for England on the 5th infliant, which was read. 
 
 The Lords Comrniffiioners for Scotland, in anfwer to the propofal delivered 
 by the Lords Commiffioners for England on the 5th inltant, concerning the 
 Admiralty, do agree that all Admiralty jurifdidion be under the Lord High 
 Admiral- of Great Britain, or Commiffioners of Admiralty of Great Britain 
 
 for
 
 PROPERLY CALLED THE UNION. 157 
 
 for the time being j and as to that part of the faid propofal, which concerns 
 appeals from the High Court of Admiralty, the Lords Comminioners for 
 Scotland do propofe. 
 
 That the Co^jrt of Admiralty now eftabliflied in Scotland be continued, and 
 that all reviews, reduftions, or fufpenfions of their fentences in maritime cafes, 
 competent to their jurifdiiflion, remain in the fame manner after the Union, 
 as now in Scotland, until the Parliament of Great Britain fliall make fuch. 
 regulations and alterations as fhall be judged expedient for the whole united 
 kingdom, providing there be always continued in Scotland a Court of Admi- 
 ralty, fuch as is in England, for determination of all maritime cafes relating 
 to private right in Scotland, competent to the jurifdidlion of the Admiralty 
 Court. 
 
 And tlie Lords Commiflioners for Scotland do further propofe, that the here- 
 table rights of Admiralty and Vice Admiralties be referved to the refpeftive 
 proprietors, as rights of property. 
 
 The Lord Chancellor did alfo, in name of the Lords Commiflioners for 
 Scotland, deliver to the Board the following paper, which was read. 
 
 The Lords Commiflioners for Scotland having confidered the propofal made 
 by the Lords Commiflioners for England the 7th inftant, viz. that thirty-eight 
 perfons be the number, by which tliat part of the united kingdom, now called 
 Scotland, ftiall be reprefented in the Houfe of Commons, whenever a Par- 
 liament Ihall be called in Great Britain ; do find fuch difficulties in that matter, 
 that they are under a necefllty to propofe a conference betwixt the Lords Com- 
 miflioners for both kingdoms on that fubjeft, in which their Lordfhips doubt 
 not, but to fatisfy the Lords Commiflioners for England, that a greater num- 
 ber than is mentioned in the faid propofal will be necelTary for attaining the 
 happy Union of the two kingdoms, fo much defired on both fides ; and the 
 Lords Commiflioners for Scotland are willing now to enter on the faid con- 
 ference, or when the Lords Commiffioners for England will pleafe to appoint. 
 
 The Lords Commiflioners for England withdrew, and being returned, the 
 Lord Keeper acquainted the Board, that the Lords Commiflioners for England 
 do agree to a conference with the Lords Commiflioners for Scotland, upon 
 the fubje£l contained in the paper delivered by the Lords Commiflioners for 
 Scotland, at this meeting, and that the faid conference be the morrow at fix 
 o'clock in the afternoon. 
 
 Adjourned to Wednefday the iith inftant, 6 in the evening.. 
 
 Wednejday the 12th of June., 1706. 
 The Lords Commiflioners of both fides entered upon the conference defired 
 by the Lords Commiflioners for Scotland the i ith inftant, concerning the Re- 
 
 prefentatire
 
 i^S OF THE LAST TREATY, 
 
 prefentative for Scotland in the Houfe of Commons, in the united Parliament of 
 Great Britain, and the conference being over. 
 
 Adjourned to Friday the 14th inftant, 6 in the evening. 
 
 Friday the 14th of June, 1706. 
 
 The Earl of Mar, in name of the Lords Co«imiffioners for Scotland, de- 
 livered to the Board the following anfwer to the propofal made by the Lords 
 Commiffionerers for England the 7th inftant, which was read. 
 
 The Lords CommilTioners for Scotland having confidered the propofal deli- 
 vered by the Lords Commiffioners for England on the ']d\ inftant, with the 
 conference that followed on the fubjeft of that propofal ; their Lordlhips are 
 hopeful, that the Lords Commiffioners for England are convinced of the real 
 difficulties occurring in tliat matter on the part of Scotland ; and the Lords 
 Commiffioners for Scotland do find themfclves ftill under an abfolute neceffity, 
 for bringing to a happy conclufion the Union of the two kingdoms, to infift, 
 that a greater number than that of thirty-eight be agreed to, as the Reprefenta- 
 tive for Scotland in the Houfe of Commons in a Parliament of Great Britain. 
 
 The Lord Keeper, in name of the Lords Commiffioners for England, deli- 
 vered to the Board the following anfwer to the propofal made by the Lords 
 Commiffioners for Scotland the nth inftant, which was read. 
 
 The Lords Commiffioners for England having confidered the paper delivered 
 in bv the Lords Commiffioners for Scotland on the i ith inftant, concerning 
 Admiralty jurifdidion, no agree to the firft propofal therein contained, with 
 this addition. 
 
 That the Admiralty Court propofed to be continued in Scotland after the 
 Union, ftiall be fubjedt to fuch regulations and alterations as ftiall be thought 
 proper to be made by the Parliament of Great Britain. 
 
 The Lords Commiffioners for England do lil<ewife agree to the fecond 
 propofal in tlie faid paper contained, touching heretable rights of Admiralty and 
 Vice-Admiralties in Scotland, with this provifion, viz. 
 
 That thefe heretable rights, as to the manner of exercifing the fame, fliall be 
 fubjeft to fuch regulations and alterations as fhall be thought proper to be made 
 by the Parliament of Great Britain. 
 
 Adjourned to Saturday the 1 5th inftant, one o'clock. 
 
 OBSERVATION IX. 
 
 There were fome debates, and a little time fpent about the matter of the Ad- 
 miralty, but it was foon adjuftcd, and needs no remark on it ; only as to the 
 inatter of appeals to England, which however were found neceffary, and agreed 
 to with fome little trouble. 
 
 But here had like to have happened a difficulty about appeals in caufes of 
 
 private
 
 PROPERLY CALLED THE UNION. 159 
 
 private right in Scotland : — before the Union, appeals in law lay from the Lords 
 of Seffionto the Parliament ; and the Houfe of Peers of Great Britain being now 
 to be the fovereign judicature of Great Britain, there could be no appeals but 
 to them in Parliament : This it was thought would be a grievance, by reafon 
 of the diftance of place, the expence of travelling, and the charge of profe- 
 cuting thofe trials at the Bar of the Houfe of Peers. 
 
 It was objefted, that the Scots Peers could not be allowed to vote in matters 
 of judicature, either in civil or criminal cafes in England; and they gave a 
 feeming fubftantial reafon for it, viz. that the Scots referving their judica- 
 ture, fefTion and judiciary to themfelves, in which the Englifh have no voice, it 
 would be unreafonable to defire the Scots fliould be let into that in England, 
 which is referved from the Englifli in Scotland. 
 
 But to this it was anfwered, 
 
 " The Lords in England, as Peers afleirbled in Parliament, as they were be- 
 " fore the fovereign judicature of England, would after the Union be, together 
 " with the fixteen Scots Peers, the only fovereign judicature of Britain, and have 
 " their voices in the judicature of Scotland, as well as of England ; if this be 
 " made out, then the objedtion againd the Scots noblemen voting in judicial 
 " matters in England, would by confequence fall to the ground." 
 
 The judicature of the Lords con fiflrs in their trying their own members for 
 life, and in determining the proceedings of all the other courts of juftice in the 
 .nation ; an appeal going to them from all other judicatures whatfoever, whether 
 before or after judgment. 
 
 In trials of Peers, 'tis plain, by this Uflion the Englifh Lords will have a' 
 vote in the Scots-judicature, fince they will have the power to try all the Scots 
 Peers for their lives or otherv/ife, in any cafe wherein they Ihall become ob- 
 noxious to the law. 
 
 And as to appeals, it was therefore abfolutely necelTary they fhould lie be- 
 fore the Houfe- of Lords, they being the only fupreme judicature ; and to have 
 had appeals before any other, had been to have two fupremes, unlefs commiffi- 
 oned by them ; and if commiffioned by them and made certain, they had been 
 too inferior, and alfo not to be depended upon in matters of fuch moment. To 
 folve this difficulty, a Ihort fcheme was handed about for the regulatino- that 
 point, fo as to veil the whole authority of the law iudicially in the Britiih Peers- 
 in Parliament, and fettle the cfTential part in them, without neverthelefs im- 
 pofing the trouble upon the Scots of coming up with their caufes to the Lords 
 Bar, which would be intolerable. 
 
 The fcheme was as follows : 
 The Scots have now an appeal from the Lords of Sefllon, which are their 
 judges of aflize, or whatever elfe they may call them. 
 
 This
 
 i6o OF THELAST TREATY, 
 
 This right of appeal muft not die, though the Parliament before whom it lies 
 is dillblved, but muft devolve upon that power, to which as the center of the 
 whole, their Parliament devolves, viz. the Parliament of Britain ; otherwife, 
 fhould the riglit of appeal die, which is one article of the Scots claim of right, 
 they endanger their property, and may upon a thoufand not unlikely circum- 
 ftances revert to tyrannic power, and even a Parliament may not help them. 
 
 The right of appeal being not difTolved, but transferred to the general center 
 of power, where, or on which branch of that power muft it refide ? not in the 
 Commons j that would be to make them a court of judicature, which they do 
 not pretend to, and cannot by their conftitution accept. 
 
 Not to the feledt number of Scots reprefentatives; that would be to give thera 
 more power than the Englifti reprefentatives ; one having a judicial authority, 
 the other not. 
 
 Not to a number chofen by the Scots, that would be a new creation, and be 
 a referve of fome power fuperior even to the general fupreme power of Parlia- 
 ment, and many ways give umbrage of a poffibility of return to a feparate con- 
 ftitution, which would be really inconfiftent with a national incorporated Union, 
 and capable of keeping on foot continual jealoufies, complaints, and difcon- 
 tents among us, and might fome time or other break out into a rupture again, 
 and unravel the very Union itfelf. 
 
 To regulate this, we muft fly to one general maxim, which v/e miift adhere 
 clofely to in all matters of this difpute, viz. That the great center of power 
 whether civil or criminal is, and is to be lodged in the Parliament then to be 
 called the Parliament of Great Britain. 
 
 The judicial power in Scotland is immediately in the feflion, as it is In Eng- 
 land in the judges ; the Lords of the Seffion in Scotland, as the judges in Engj 
 land, receive their commiffions from the Sovereign, and in her name, and by 
 her authority; though by fpecial law obtained in both kingdoms, they are fo 
 fixed as that tliey cannot be turned out but upon miftsehaviour. 
 
 From the fefTion in Scotland, and all a£bs, fentences or decreets, there lies 
 an appeal to the Parliament, who fitting in one Houfe are the fovereign judica- 
 ture of the nation, as well Commons as Lords : from the Judges in E-ngland 
 appeals lie to the Chancery, and from thence to the Houfe of Lords as the 
 fupreme judicature of this nation. 
 
 But both Parliaments being to be incorporated into one, as both nations by 
 confequence will be one, fo the public juftice muft run in the fame channel, 
 and the appeals of both kingdoms lie before the Britifti Peers only, as that 
 fovereign ocean of juftice into whicli all the ftreams muft flow. 
 
 But to the end that Scotland may, as far as may be, eafcd in that inconveniency, 
 which her diftancc from the capital may bring upon her, and in which flie fuf- 
 
 2. fers
 
 PROPERLY CAULED THE UNION. i6i 
 
 fcrs otherways deeply enough, appeals from the courts of juftice in Scotland, 
 may be tried in Scotland. 
 
 A Court of Appeals may be created in Scotland, delegated from the Peers of 
 Britain afTembled in Parliament, to be named annually or tricnnially, or every 
 feltion, or otherwife, as in the treaty of Union fliall be agreed. 
 
 Thefe delegates to be named out of the Scots nobility and gentry, to be 
 chofen by ballot, or by the ufual way of voting in the Houfe of Peers. 
 
 That they fhould be Scots is but equal, as they are only to judge of caufes in 
 Scotland, and is agreeable to the conftitution of England, which caufes all trials 
 at law to be tried in the county where tlie 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 Icfien tlie authority of the Parliament, but pre- 
 ferves the title of the Lords here to a voice even in the fupreme judicature of 
 Scotland. 
 
 This fcheme, as it entitles the Parliament of united Britain to its full and 
 compleat jurifdidlion ; fo it preferves the right of appeal to the Scots; prevents 
 the expenfive proceedings of carrying their appeals to England, and takes away 
 all the force of the objeftion againft the Scots noblemen having a voice in the 
 Englifla judicature. 
 
 Thus the Union, in point of judicature, may ftill be compleat, and the 
 general incorporation not at all obftrudcd ; the courfe of juftice left free and 
 open, and both nations equally concerned in it. 
 
 The Englifh Peers are let into the fovereignty of the Scots judicature, as 
 well as of their own ; and the Scots let into all the neceflary privileges, which 
 the right of their peerage, and the nature of an incorporated equality requires. 
 
 There were reafons to be given why this propofal was not farther entered upon, 
 though both fides approved of the method, fome of which were perhaps fuch 
 as thefe. 
 
 1. That one fide were willing enough to have all appeals come to England. 
 
 2. Others willing to have as few as poflible made at all; and fuppofing that 
 the inconveniencies of purfuing an appeal to England would incline people 
 rather to aquiefce; and make the judgment of the SefTion more definite. — But 
 thefe things by the way. 
 
 Saturday the ic^th of June, 1706. 
 The Earl of Mar, in name, of the Lords Commiffioners for Scotland, deli- 
 vered to the Board the following anfwer to the paper delivered by die Lords 
 Commiffioners for England, the 14th inftant, which was read. 
 
 The Lords Commiffioners for Scotland, having confidered the paper deli- 
 vered by the Lords Commiffioners for England, on the 14th inftant, concern- 
 ing Admiralty jurifdidions, do agree to tlie fame. 
 
 Y The
 
 t6z of the last TRE ATTi 
 
 The Lord Keeper, in name of the Lords ComuiifBoners for England, deli- 
 vered to the Board the following paper, which was read> 
 
 The Lords Commiffioners . for England, having taken into confideration the 
 reply delivered the 7 th inliaat, by the : Lords Commiffioners for Scotland, to 
 the anfwer of the Lords Commiffioners for England to the propofal made by 
 the Lords Commiffioners for Scotland the zifl May laftj for the effedual pre- 
 venting the exportation of Scotch fait to England, or the Plantations, without 
 paying the fame excifcs with which Englifh fait is charged, durinjg the exemp- 
 tion allowed to Scotland from the faid duties, and as to faltedprovifions : 
 
 As to that parts of the reply which relates to the fecond; article ijn the faid 
 anfwer, concerning fait not made in Scotland, imported from thence into Eng- 
 land ; the Lords Commiffioners for England did not intend, that a double duty 
 Ihoiild be laid on foreign fait exported from Scotland to England; and there- 
 fore the Lords Commiffioners for England do agree to tlie propofal in the faid 
 reply, that all foreign fidt, imported into Scotland, be charged at the impor- 
 tation there with the fame duties, after the Union, as the like fait is charged 
 with, being imported into England, to be levied and fecured in the fame man- 
 ner, and to the flxrther fecurity, by certificate therein propofed, to be fent with 
 foreign fait exported from Scotland into England. 
 
 And as to that part of the faid reply, which relates to the third article in the 
 faid anfwer, touching faked fifh or flefh exported from Scotland into England, 
 and faked flefh made ufe of for viftualling of fhips in Scotland, or exported 
 from Scotland to parts beyond the feas; it appearing by the faid propofal deli- 
 vered by the Lords Commiffioners for Scotland the 2ifl May laft, that all fifh 
 and flelli barrelled in Scotland, for exportation, are, by the law of Scotland, 
 appointed to be packed and cured witli foreign fair, witliout any mixture of 
 Scots fait, the Lords Commiffioners for England do not infift on the faid third 
 article in their faid anfwer, provided it be agreed, that all faked fifh or flefh, 
 exported from Scotland to England, and all faked flefli made ufe of for viftual- 
 ling of ffiips in Scotland, or put on board, to be exported from Scotland to 
 parts beyond the fcas, that ffiall appear to be faked with Scots fait, or a mix- 
 ture of fuch fait, fliall be forfeited, and as fuch may be feizcd in England or 
 Scotland. 
 
 As to the laft part of the propofal of the Lords Commiffioners for Scotland, 
 that, if the duty on fait take place in Scotland, after the expiration of fevcn 
 years, that then the kingdom of Scotland ffiall have an equivalent; the Lords 
 Commiffioners for B>ngland dounderlland, that the equivalent is only to be ex- 
 tended to fuch part of the duties as fliall be applied to the payment of the debts 
 of England. 
 
 The
 
 PROPERLY CALLED THE UNION. i6j 
 
 The Lord Keeper did alfo, in the name of the Lords CommifTioners for 
 England, deliver to the Board the following propolal, which was read. 
 
 The Lords Commiflioners for England, being affurcd by the Lords Conn- 
 mi fR oners, for Seotlandj that there will be found infuperablc difficulties in re- 
 ducing the reprefentatlon of -Scotland, in the Houfe of Commonsof the united 
 kingdom, to thirty-eight members, the number formerly propofed by the Lords 
 Commiffioners for England, do, to fliew their inclinations to remove every 
 thing that would of neceflity be an obftruftion to the perfedting the Union of 
 the two kingdoms, pi'opofe to the Lords Commiflioners for Scotland, that forty- 
 five members, and no more, be the number of the reprefentatives for that part 
 of the united kingdom nO^v called Scotland, in the Houfe of Commons of 
 the united kingdom, after the intended Union. 
 
 And there being an abfolute neceflity that the number of Peers to be admit- 
 ted into the Houfe of Lords of the united kingdom, for that part of the united 
 kingdom now called Scotland, be regulated in proportion to the number to be 
 admitted intd the Houfe of Commons ; do propofe, that fixteen Peers be the 
 quota of Scotland in the Houfe of Peers of the Parliament of the united king- 
 dom, after the intended Union. 
 
 Adjourried to Tuefday the i8th inftant, 6 in the evening, 
 
 ^ue/day the \Zth.of June, 1706. 
 
 The Earl of Mar, in the name of the Lords Commiffioners for Scotland, 
 delivered to the Board the following anfwer to the propofal made- by the Lords 
 Commiffioners for England the 15th inftant, which was read. 
 
 The Lords Commiffioners for Scotland having confidered the paper deli- 
 vered by tht Lords Commiffioners for England the 15th inftant, containing a 
 propofal that forty-five members be the number of the reprefentatives of that 
 part of the united kingdom now called Scotland, in the Houfe of Commons of 
 the united kingdom, after the intended Union j and that fixteen Peers be the 
 quota of Scotland in the Houfe of Peers, in the Parliament of the faid united 
 kingdom: and ^ being moft defirous to concur in what is further necellary to 
 finilh this treaty, and at the fanrie time fenfible of the difficulties on the part 
 of the Lords Commiffioners for England in that matter, do not infill for greater 
 numbers (by virtue of this treaty) of reprefentatives in the Houfe of Peers and 
 the Houfe of Commons in the Parliament of Great Britain, than thefe propofed 
 by the Lords Commiffioners for England ; providing that all' tlie Peers of 
 Scotland, and their fucceflbrs to their honours and dignities, be, froiti and 
 after the Union, reckoned and declared Peers of Great-Britain, and that they 
 enjoy, in their relpeftive degrees and orders, all other titles, dignities, pre- 
 
 Y 2 emiriencies,
 
 'i64 OF THE LAST TREATY, 
 
 eminencies, immunities and privileges whatfoever, as fully and freely as the 
 Peers af England do at prefent, or the Peers of Britain may enjoy here- 
 after. 
 
 And the Lords Commiflioners for Scotland do further propofe, that the 
 Peers of Scotland for that time being, and their fucceflbrs, 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 faid united kingdom. 
 
 Adjourned to the 19th inftant, 12 o'clock. 
 
 OBSERVATION X. 
 
 There was now the only remaining difficulty of the Union before them, and 
 this was the confequence of the third article, viz. " The uniting the Parlia- 
 " ment;" and how to Hate the proportion of the reprefentative was the prefent 
 cafe. 
 
 The difficulty was double, not only how to draw the proportion fo as might 
 confift with the equalities fpoken of before, which were the foot or rule of the 
 treaty, but how to draw it fo, as that either Parliament, who were to confirm 
 this work, ffiould be rationally fuppofed to come into it. 
 
 Abundance of fchemes were propofed for this, as men's fancies guided them, 
 and the debates without doors were much warmer than thofe within ; how- 
 ever, as it was a thing which required particular application, fo it was the beft 
 ftep that could have been taken, by way of prelirtiinary, to propofe a confe- 
 rence, wherein both fides had full fcope to deliver their arguments and reafons 
 in the cafe ; fince, to have gone on by propofals and anfwers in writing, would 
 have' taken up more time than was needful to be fpent in fuch an afi'air, and 
 have kept it depending ; whereas both fides were plcafed with the hopes, 
 and both the kingdoms big with expeftation of the fuccefs of this treaty, and 
 the conclufion of the long-expe6ted Union. 
 
 There was no occafion to look far back into former years for help in this 
 calculation; there was but one precedent in the whole world from which any 
 fcheme could be drawn, and tha't was in thetranfient Union made by Oliver 
 Cromwell; in which, as, I have nc^d before, he brought every thing by afcale 
 of proportions to a point, as things then flood. 
 
 This model of a reprefentative was taken from the fcheme of proportions, 
 upon which;he had formed his taxation, in which Scotland being rated at abou^: 
 a 13th p^rt of the land tax, had alfo allowed her about a 13th part of the re- 
 prefentatjvfe, as follows : 
 
 England was taxed at 70,000!. per menfem, and was reprefented in Par- 
 liament by 400 members. 
 
 Scotland
 
 PROPERLY CALLED THE UNION. 165 
 
 Scotland was taxed at 6,oool. per menfem, and was reprefented in Parlia- 
 ment by 30 members. 
 
 Now abating a few fraftions, which, in dividing perfons, cannot be exaiftly 
 obferved, it is plain, 30 to 400, is very near what 6,oool. is to yOjOool. as 
 follows : 
 
 Thirteen times 30 is 390 members, and 13 times 6000I. is 78,000!. 
 whereas one is 8,oool. over in the money, fo the other is 10 under the re- 
 prefentative. 
 
 I will not fay this was the moft equal judgment that ever was made of this 
 kind as to Sotlandi but I may be allowed to fay, that with refpe6l to England 
 it was certainly the moft equal diftribution of eleftions that ever was, and much 
 beyond our prefent method ; for in this fcheme the difproportion of numbers 
 was taken away, and the eleftion of members to reprefent ruined heaps, decayed 
 caftles, and depopulated towns, was let fall : but of this by the way. 
 
 The prefent calculation was not very remote from this, in efFeft, though not 
 built upon the fame foot : and it was very rationally argued here, that the pro- 
 portion could not be taken barely from the fliare of taxes paid, which was the 
 fcheme which moft of the politicians of that time pretended to go upon; but 
 that the proportion moft be doubly calculated ; which, if it be examined, and 
 were to be applied in Holland, and other parts of tlie world, muft have been 
 done. 
 
 For inftance, The fhare in taxes, — and the number of the people. 
 If, on one hand, the fliare of taxes may be low, yet the number of people 
 great ; or, on the other hand, the Iharc of taxes high, and the people few, the 
 extremes are to bear their weight in the proportion. 
 
 Thus, though the Scots, by this Union, paid but 48,0001. for Scotland to 
 1,997,0001. Englifh, which was about ~ part, forty times 48,000!. being 
 !, 920,000!. to have argued from thence, that they Ihould have but thirteen mem- 
 bers, which, to the Houfe of Commons, is ^ ^ part of 513 : — This would 
 appear ridiculous. 
 
 Again, if you take an eftlmate of the people of both nations, we fhall find 
 Scotland efteemed to contain two millions, and England, at the higheft calcu- 
 lation, under fix ; and this brings Scotland to a third part of the members, 
 which would be extravagant the other way, and oblige them to fend 1 7 1 mem- 
 bers to the Houfe. 
 
 Butj if you fet thefe extremes againft one another, it will appear that a tenth 
 of the reprefentative anfwered as nigh to an equality, as fuch a thing could well 
 be reduced to; and, on this foot, the Scots CommifTioners were fuppofed to be 
 near the matter, when they defired fifty members might be the reprefentative 
 
 for Scotland. 
 
 Plowever
 
 ^66 OF THE LAST TREATY-, 
 
 HowCYcrthis was, the Englilh CommifTioners having propofed thirty-eight, 
 as by the minutes, a conference was agreed to. 
 
 And here the CommifTioners fincerely and candidly applied themfelves to one 
 another, debating not only the reafons and proportions on either hand, but the 
 temper and circumftances of either nation ; fo, if poffible, to accomodate them- 
 felves to bothi and to confider not only what was equal, but alfo what was 
 likely to take place in the minds of the refpeftive Parliaments, which were to 
 debate it after them ; of which none knew the difficulties better than themfelves. 
 Neither were thefe things fit to have been the fubjeft of m.inutes, which, in 
 time, were to be fuppofed, would be made public, and be canvafled, on either 
 fide, by the moft critical heads of two nations, and particularly by thofe, in 
 both the nations, whofe ftudy it would be, to oppofe and obftruft the Union. 
 
 And indeed, in this prudence of the CommifTioners confifted the beft pro- 
 fpedt of bringing this treaty to a happy conclufion. 
 
 The conference was happy in its fuccefs ; the Englifh CommifTioners were 
 convinced by the reafons given on the other fide ; they faw the difficulties which 
 the Scots CommifTioners reprefented 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 forty-five, and gave their reafons 
 and difficulties, on the other hand, pofitively determining the point, that 
 they could go no farther : upon which, the Scots CommifTioners, from the fame 
 zeal for bringing the treaty, which was now in fo happy a forwardnefs, to a 
 conclufion, acquiefced. 
 
 As to the number of Peers, there was no room to debate, fince the number 
 propofed, which was fixteen, was a full proportion to the other, and had more 
 of an equality in it a great deal, than any other part of the treaty; efpecially 
 confidering, that feveral of the Scots Peers then were Peers of England, and 
 hereafter might become Peers of Great Britain by creation. 
 
 And thus this great difficulty was alfo happily got over, and now the Union 
 began to fhew itfelf, and people on every hand began to expeft it lliould be 
 complcatcd in a few days. 
 
 Wednejday the igtb of June, I706. 
 
 The Lord Treafurer, in name of the Lords Commiffioners for England, de- 
 livered to the Board the following paper, which was read. 
 
 The Lords CommifTioners for England, having confidered the two propofah 
 made by the Lords Commiffioners for Scotland, in their paper delivered the 
 1 8th inflant, do agree to the fame, with the following explanation, that all the 
 Peers of Scotland, and their fuccefi"ors to their honours and dignities, be, from 
 and after the Union, reckoned and declared Peers of Great Britain, and that 
 they enjoy, in their refpedivc degrees c*nd orders, all other titles, dignities, 
 
 pre-
 
 PROPERLY CALLED THE UNION. 167 
 
 pre-eminencies, immunities, and privileges whatfoevcr, as fully and freely as 
 the Peers of England do at prefent, or the Peers of Britain may enjoy here- 
 after ; provided, that no Peer, who fhall not then have the right to fit in Par- 
 liament, iiiall be capable of fitting upon the trial of any Peer; and alfo, that 
 no Peer, not having right to fit in Parliament, fhall have privilege of Parliament. 
 
 And alfo, that the Peers of Scotland for the time being, and their fuccef- 
 foi-s, 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 kingdom : Provided always, that it be under- 
 ftood, that all perfons who Ihall be Peers of England, at the time of the Union, 
 fliall for ever enjoy that rank and order of precedence of their refpeftive degrees, 
 before the fame degrees of the Peers of Scotland. 
 
 The Lord Treafurer did alfo, in name of the Lords Commiffioners for 
 England, deliver to the Board the following propofal, which was read. 
 
 The Lords Commiflloners for England do propofe, that from and after the 
 Union, the coin fhall be of the fame flandard and value throughout the united 
 kingdom, as now in England, and the fame weights and meafures fhaU be ufed 
 throughout the united kingdom as are now eftabliflied in England, 
 
 The Lord Treafurer did likewife, in name of the Lords Coanmiflloners for 
 England, deliver to the Board the following propofal, which was read. 
 
 The Lords Commiffioners for England do propofe, that all laws and flatutes 
 in either kingdom, which are contrary to, or inconfifVent with the terms agreed. 
 Oil for uniting the two kingdoms, fhall be repealed, and made void. 
 . Adjourned to Friday the 21 ft inftanr, 12 o'clock. 
 
 Friday the 21ft of June, 1706. 
 
 The Earl of Mar, in name of the Lords CommifTioners for Scotland, deli- 
 vered to the Board the following paper, which was read. 
 
 The Lords CommilTioners for Scotland do agree to the propofal contained 
 in the paper delivered by the Lords CommilTioners for England the i^th.. 
 inftant, concerning the duty on fait, with this explanation, as to the laft para- 
 graph thereof, about the equivalent, that feeing the whole duties on fait are 
 already appropriated for payment of the debts of England, the LordsGom- 
 mifTioners for Sctland do underftand, that whenever the duties upon fait fhall 
 take place in Scodand, the fums thence arifing will be applicable to the pay- 
 ment of the debts of England, and thereby, there will be an equivalent due 
 to Scotland, for the whole duties to be levied on fait there. 
 
 The Earl of Mar did alfo, in name of the Lords Commiffioners for Scot- 
 land, deliver to the Board the following paper, which was read. 
 
 The Lords Commiflloners for Scotland do agree to the propofal contained in 
 
 the anfwer delivered by the Lords CommifTioners for England, concerning the 
 
 2 Peers
 
 i68. OFTHELAST TREATY, 
 
 Peers of Scotland, with this further explanation ; the Lords Cbmmiffioners for 
 Scotland do underftand, that by the explanation contained in the faid paper de- 
 livered by the Lords Commiffioners for England, all the Peers of Scotland are 
 to be tried as Peers of Great-Britain, and enjoy all privileges of Peerage, ex- 
 cepting that of fitting in the Houfe of Lords, and the privileges depending 
 thereon, to which fixteen Peers, to be fent from time to time from the Peers of 
 Scotland to the Houfe of Lords of Great Britain, are only entitled ; and the 
 Lords Commiffioners for Scotland do propofe, that in the trials of Peers in 
 time of adjournments or prorogations of Parliament, the fixteen Peers, who 
 do then reprefent the Peers of Scotland, fhall be fummoned in the fame man- 
 ner, and have the fame powers and privileges in fuch trials, as any other Peers of 
 Great Britain, and that in the trials of Peers when there is no Parliament in 
 being, the fixteen Peers, Reprefentatives from Scotland in the former Par- 
 liament ; Ihall be called in the fame manner, and have the fame powers and 
 privileges. 
 
 The Earl of Mar delivered alfo, in name of the Lords Commiffioners for 
 Scotland, to the Board the following paper, which was read. 
 
 The Lords Commiffioners for Scotland having confidered the propofal deli- 
 vered by the Lords Commiffioners for England the 19th inltant, viz. that 
 from and after the Union, the coin fhall be of the fame llandard and value 
 throughout the united kingdom as now in England, and the fame weights and 
 meafures fhall be ufed throughout the united kingdom as are now eftabliflied in 
 England ; the Lords Commiffiioners for Scotland do agree to the fame, pro- 
 viding that confideration be had to the loiTes private perfons may fuftain in 
 reducing the coin to the fame ftandard as now eftabliflied in England j and alfo 
 provided, that from and. after the Union, the Mint at Edinburgh be always con- 
 tinued under the fame rules as the Mint in the Tower of London, or elfe- 
 where in the united kingdom ; and that the ftandard of weights and meafures 
 for Scotland be kept by thole Boroughs within that part of the united kingdom 
 now called Scotland, to whom the keeping of the ftandards of weights and 
 meafures now in ufe in Scotland, does by fpecial right and privilege belong. 
 
 The Earl of Mar did likewife, in name of the Lords Commiffioners for 
 Scotland, deliver to the Board the following paper, which was read. 
 
 The Lords Commiffiioners for Scotland having confidered the propofal made 
 by the Lords Commiffiioners for England the 19th inftant, that all laws and 
 ftatutes in either kingdom, which are contrary to, or inconfiftent with the terms 
 agreed on for uniting the two kingdoms, fhall be repealed and made void, do 
 agree to the fame. 
 
 The
 
 PROPERLY CALLED T H E U N I O N. 169 
 
 '. The Earl of Mar did, in name of the Lords CommifTioners for Scotland, 
 deliver to th^' Board the following propofal which was read. 
 
 The Lords Commiflioners for Scotland having by their paper delivered the 
 9th of May lafi: propofcd, :that the private right of corporations .aind companies 
 Ihould be referved to be confidcred in the courfe of this treaty, their Lordfliips 
 do nov/ propofe, that the rights and privileges of the Company in Scotland, 
 trading to Africa and the Indies, cftabliflicd in Scotland by the 8th ad of 
 Parliament 1695, and by the 13th aft of Parliament 1701, do continue in 
 force after tlie Union ; or that if the privileges of that Company fliall be 
 judged inconvenient for the trade of the reft of the united kingdom, that the 
 private rights of the faid Company in Scotland be purchafed from the pro- 
 prietors. 
 
 The Earl of Mar did alfo, in name of the Lords CommiflTioners for Scotland, 
 deliver to die Board tlie following propofal, which was read. 
 
 The Lords CotnrnifTioners for Scotland do propofe to the Lords CommifTi- 
 oners for England, that all fliips belonging to Her Majefty's fubjefts in Scot- 
 land, at the time of the Union (though foreign built), Ihall be deemed and 
 pafs as fliips of the build of Great Britain, the owner or owners within. twelve 
 months after the Union making oath, that the fame did belong to him or them 
 at the commencement of th i Union, and does then belong to him, or them, 
 and that no foreigner, direflly nor indiredtly, hath any fliare or part, or intereft 
 therein, which oath (hall be made before the chief officer of the cuftoras at the 
 port next the abode of the faid owner or owners ; and the faid officer fliall be 
 impowered to adminifter the f;iid oath ; and the oath being fo adminiftered, fliall 
 be atteflied by the officer who adminiftered the fame, and being regiftered by 
 the faid officer, fliall be delivered to the mafter of the fliip for fecurity of her 
 4iavigation, a duplicate of which regifter fliall be immediately tranfmitted to 
 the Commiffioners of Her Majefty's cuftoms in the port of Edinburgh. 
 
 As to fliips built in Scotland before, or which fliall be built there after the 
 Union, the Lords Commiffioners for Scotland do make no feparate propofal, 
 feeing thofe, by the mutual agreements in this treaty, are to be fubjeft to the 
 fame regulations as in England, and confequently to the a6ls of navigation 
 now in force. 
 
 Adjourned to Saturday the 2 2d inftant at one o'clock. 
 Saturday the 2 2d of June, 1706. 
 
 The Lord Treafurer, in name of the Lords Commiffioners for England^ de- 
 livered to the Board the following paper, which was read. 
 
 The Lords Commiffioners for England having confidered the paper con- 
 cerning fait, delivered by the Lords Commiffioners for Scotland 21ft inftant, 
 think themfclves obliged to inform their Lordffiips, diat the whole duties on 
 fait are not appropriated for payment of the debts of England ; the duty of 
 
 Z I id.
 
 176 OF THE LAST TREATY, 
 
 lid. a bufhel on fait, though granted to the Crown in perpetuity, is appropri- 
 ated to the payment of debts no longer than till the ift of Auguft, 17 lo. 
 
 That the remaining part of the duty on fait, viz. 2s. 4d. a buHiel, is granted 
 to the Crown in perpetuity, and is with other duties appropriated for payment 
 of i6o,oool. per annum to the Eaft-India Company, redeemable by Parlia- 
 ment, and the fupcrplulage above that annual fum is not appropriated to the 
 payment of the debts of England j and therefore the Lords Commifiioners for 
 England do think it neceflary for them to infill upon what was exprefled in 
 their paper delivered by them the 15th inftant ; that when the duty on fait fhall 
 take place in Scotland, the equivalent which the kingdom of Scotland is to have, 
 ought to be extended only to fuch part of the duties on fait, as fliall be ap- 
 plied to the payment of the debts of England. 
 
 The Lord Treafurer did likewife, in name of the Lords Commiffioners for 
 England, deliver to the Board the following paper, which was read. 
 
 It appearing by a paper given in by the Lords Commiffioners for Scotland 
 the 2 1 ft inftant, that the Lords Commiffioners for England had not fully ex- 
 prefled themfelves in fome part of a paper delivered by them on the 19th in- 
 ftant, to the fatisfaftion of the Lords Commiffioners for Scotland, and being 
 defirous upon this, and all other occafions, to proceed with all poffible clear- 
 nefs, do make the following explanation of their meaning in that part of the 
 faid paper. 
 
 They agree, that all Peers of Scotland, and their fuccefi^ors to their honours 
 and dignities, fhall, from and after the Union, be reckoned and declared Peers 
 of Great Britain, and fhall be tried as Peers of Great Britain, and ftiall enjoy 
 the privileges of Peers, as fully as the Peers of England do now enjoy the 
 fame, or as they or any other Peers of Britain may hereafter enjoy the fame, 
 except the right and privilege of fitting in the Houfe of Lords, and the pri- 
 vileges depending thereon, and particularly the right of fitting upon the trials 
 of Peers. 
 
 They agree, that the fixteen Peers who are to (it in the Houfe of Lords of 
 Great Britain, for that part of the united kingdom called Scodand, after the 
 Union, ftiall have all privileges of Parliament, which the Peers of England now 
 have, and which they or any Peers of Britain fliall have after the Union, and 
 particularly the right of fitting upon the trials of Peers. 
 
 They agree, that in cafe of the trial of any Peer in time of adjournment or 
 prorogation of Parliament, the faid fixteen Peers fliall be fummoned in the fame 
 manner, and have the fame powers and privileges at fuch trials, as any other 
 Peers of Great Britain. 
 
 And they do further agree, that in cafe any trials of Peers fliall hereafter hap- 
 pen, when there is no Parliament in being, the fixteen Peers of Scotland who 
 
 fat
 
 PROPERLY CALLED THE UNION; 171 
 
 fat in tae lad preceding Parliament, fliall be fummoned in the fame manner, 
 •and have the fame powers and privileges at luch trials, as any other Peers of 
 Great Britain. 
 
 The Lord Treafurer did alfo, in name of the Lords Commiflioners for Eng- 
 land, deliver to the Board the following paper, which was read. 
 
 The Lords CommifTioners for England do agree to the propofal delivered the 
 aift of June, by the Lords CommifTioners for Scotland, touching fhips belong- 
 ing to her Majefty's fubjefts in Scotland, with the alterations following, viz. 
 
 That all fliips belonging to Her Majefty's fubjefls in Scotland, at the time of 
 figning the treaty for the Union of the faid kingdoms, though foreign built, 
 fhall be deemed and pafs as fliips of the build of Great Britain ; the owner or 
 owners, within twelve months after the Union, making oath that the fame 
 did belong to him or them at the figning the faid treaty, and doth then be- 
 long to him or them; and that no foreigner, diredlly nor indiredtly, hath any 
 Ihare or part, or intereft therein ; which oath fliall be made before the chief 
 officer or officers of the cuftoms in the port next the abode of the faid owner or 
 owners; and the faid officer or officers fliall be impowered to adminifter the faid 
 oath, and the oath being fo adminiftered, fliall be attefted by the officer or offi- 
 cers who adminiftered the fame, and being regiftered by the faid officer or 
 officers, fhall be tranfmitted to the chief officer or officers of the cuftoms in the 
 port of Edinburgh, to be there entered in a regifter, and from thence to be fent 
 to the port of London, to be there entered in the general regifter of all the 
 trading Ihips belonging to Great Britain. 
 
 The Lord Treafurer, in name of the Lords Commiffioners for England, de- 
 livered to the Board the following propofal which was read. 
 
 The Lords Commiffioners for England do propofe to the Lords Commiffioners 
 for Scotland, that from and after the Union, there be one great feal for the 
 united ,kinr-3*om of Great Britain, to be ufed for fealing writs to eledl and fum- 
 mon the Parliament of Great Britain, and for fealing other public and manda- 
 tory writs, public a61:s, or orders of ftate, and grants, and fuch inftruments 
 relating to public juftice, policy, and government, as are proper to be fealed 
 with a great feal ; yet neverthelefs a feal in Scotland fliall, after the Union, be 
 always kept, and made ufe of, in all things relating to private rights and juftice, 
 in the fame manner as the great feal is at this time ufed, but fubje6l to fuch 
 regulations as the Parliament of Great Britain may hereafter make, and, until 
 fuch feal fhall be provided, the great-feal of Scotland fliall be ufed, as at this 
 Vme, in all things relating to private rights and juftice. ' 
 
 The Earl of Mar, in name of the Lords Commiffioners for Scotland, deli- 
 vered to the Board the following propofal, which was read. 
 
 The Lords Commiffioners for Scotland do propofe it be declared, that the 
 laws and ads of Parliament in Scotland for pineing, curing, and packing of 
 
 Z 2 herrings.
 
 T72 OF THE LAS T T RE AT Y, 
 
 herrings, white-fifli, and falmon, for export beyond feas with foreign fait only, 
 andfor preventing of frauds in curing and packing of fiflies, be continued in force 
 in Scotland after the Union, but fubjeft to alterations by the Parliament of Great 
 Britain ; and that the fame eafes, premiums, and draw-backs be allowed after 
 the Union, for the encouragement of fuch as fhall export fiflies from Scotland 
 beyond feas, as is now allowed by the laws of England, to fuch as export the 
 like fifhes from England. 
 
 Adjourned to Tuefday the 25th inftant, at one o'clock. 
 
 'Tuefday the i^tb of June, 1706. 
 
 The Earl of Mar, in name of the Lords Commiflioners for Scotland, deli- 
 vered to the Board the following paper, which was read. 
 
 The Lords CommilTioners for Scotland do agree to the laft explanation con- 
 tained in the paper delivered by the Lords Commiflioners for England on the 
 lid inftant, concerning the privileges of the Peers of Scotland. 
 
 The Earl of Mar did alfo, in name of the Lords Commiflioners for Scot- 
 land, deliver to the Board the following paper, which was read. 
 
 The Lords Commiflioners for Scotland do agree to the propofal made by the 
 Lords Commiflioners for England on the 15th inftant, concerning the duties on 
 fait, and do not infiftupon the explanation propofed by their Lordfhips the 21ft 
 inftant, in refpeft of what Is reprefented in the paper delivered by the Lords 
 Commiflioners for England on the iid inftant. 
 
 The Earl of Mar did likewife, in name of the Lords Commiflioners for 
 'Scotland, deliver to the Board the following paper, which was read. 
 
 The Lords Commiflioners for Scotland do agree to the alteration made by 
 the Lords Commiflioners for England in the propofal delivered by the Lords 
 Commiflioners for Scotland, touching flilps belonging to Pier Majefty's fubjedls 
 of Scotland, with this furdier explanation. 
 
 That all fliips belonging to Her Majefty's fubjefls of Scotl'and, at the time 
 of figning this treaty of the Union of the two kingdoms, though foreign built, 
 fliall be deemed and pafs as ftiips of the build of Great Britain ; the owner, or 
 where there are more ov/ners, one or more of them, within twelve mondis after tlie 
 Union making oath, that the fame did belong to him or them, or to fome other 
 fubjedt or fubjeds of Scotland, at the time of figning the faid treaty, and doth 
 then belong to him or them, and that no foreigner dirciftly nor indireftly hath 
 any fhare, or part, or intcreft therein; which oath fliall be made before the 
 chief o-ficers of the cuftoms in the port next the abode of the fiid owner or 
 owners ; and the f;lid ofiictr or officers fnall be impowered to adminifter the faid 
 oath; and the oath being fo adminiftered, fliall be attefted by the officer or 
 officers who adminiftered the fame; and being regiftered by the faid officer or 
 officers, (hall be delivered to the mafter of the fliip, for fecurity of her navi- 
 gation.
 
 PROPERLY CALLED THE UNION. lyj 
 
 gation, and a duplicate thereof fhall b.^ tranfmittcd b/ the fuid officer or offi- 
 cers to the chief officer or officers of the cuftoms in the port of Edinburgh, to 
 be there entered in a regifter, and from thence to be fent to the port of London, 
 to be there entered in the general regifter of all trading fliips belonging to 
 
 Great Britain. 
 
 O E S E U V A T I O N XI. 
 
 The debates about the fixteen Peers are fo clear, and the queftions and an- 
 fwers in themfelves fo direft, that they require no explanation ; nor v/as there 
 any thing confiderable paiTed upon thofe heads, which is not exprefled in the 
 minute. 
 
 The fettling the different privileges between the fitting Peers for the time be- 
 ing, and the other Peers, feemed 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 Scotland, I mean, as to protedtion of 
 their perfons and eftates, was both a diflionour and a difadvantage to themj a 
 difhonour, as if they were ftooping to accept of an exemption from an honeft 
 difcharge of their debts, and a difadvantage, fince now, they being not liable 
 to profecutions for debt, would obtain no perfonal credit, whatever their occa- 
 fions might be; and that a private gentleman's bond would now be more valu- 
 able than a nobleman's, fince it could be fued and made heretable, whereby 
 his eftate fhould become liable, as well after his death, as in his life-time, 
 whereas a nobleman's bond could no way be put in fuit. 
 
 However this was, there was no making a diftindion, at a time when a 
 treaty was tranfafting, to bring all, ifpoffible, to an equality of circumftances, 
 unlefs the EngliOi nobility fhould have laid themlelves and their eftates open 
 to the common procefs of the law, which had been inconfiftent with their con- 
 llitution, and much more with their convenience. 
 
 I have not meddled with the frequent propofals, anfwers and replies about 
 the falt-tax, as a thing I fhall fpeak more at large to, when I fhall obferve 
 upon the minutes of Parliament, where that matter received a new turn, and 
 all thefe fcruples were effeftu.ally fettled under one head of limitation, and fo 
 are needleis to be re pleated here. 
 
 It may be needful to explain fomething here, of the debate and reftriftion 
 about fhipping; the Englifli CommifTioners had in their view the Aft of Navi- 
 gation, which, in England, obliges all the fnips employed to and from Eng- 
 land, except only fuch fliips as import any thing of the growth or manufac- 
 ture of their ovvn country^ to which thofe fhips belong, to be Englifh buik 
 fliips, and the mariners or failors navigating tine fame, to be two thirds, at 
 leaft, natural born fubjeds of England. 
 
 Now
 
 174 OFTHELASTTREATY, 
 
 Now as Scotland of late years, wanting timber, or other materials for build- 
 ing, had but very few fliips of dieir own building, they carried on the greateft 
 part of their foreign trade in fliips built in Holland, Hamburgh, the Baltick, 
 or other foreign parts ; wherefore the Englifh CommifTioners, in order to {et 
 bounds to the introducing of foreign bottoms into our trade as free fhipsj 
 offered the claufe 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 fhip fhould be deemed free at the time of the Union, if 
 part of her was owned by Scotfmen at the time of the Union, becaufe as the 
 Scots traded much to Holland, fo the merchants of Amfterdam, Camphere, 
 Sec. were in part owners, in company with the Scots merchants, of many of 
 their fnips j and therefore it was thought hard, that if the major part of the 
 owners were Scotfmen, yet the fhip Ihould be deemed foreign, which would 
 cither oblige the Scots merchant to buy the remainder, at what price the 
 foreign owner pleafed to exaft, or oblige him to fell and cafl off the fliip, 
 which he could not carry on his trade without. 
 
 But as this would have clafhed direftly with the Aft of Navigation, and 
 created innumerable inconveniencies in trade, it was left out j for then foreigners 
 had had no more to do, but to intereft Scotfmen in a moiety of their fhips, 
 and fo have made great numbers of foreign built bottoms have paffed for free 
 Ihips in Britain, to an inexprefTible damage of the Englifh trade. 
 
 This point therefore being given up, it remained only to difpute the time, 
 at v/hich any vefTel belonging entirely to Scots owners fhould be deemed free ; 
 the Englifli Commiffioners put it to be at the time of figning the treaty, the 
 Scots Commiffioners infilled on the time of the commencement of the Union ; 
 but the reafons given againfl that latitude were fb convincing, that the Scots 
 Commiffioners complied with it. 
 
 The principal reafon was, that, in that interval of time, the merchants of 
 either kingdom might furnifh themfclves with great numbers of foreign fhips, 
 which being built cheaper than the Englifh, and becoming free by this claufe, 
 would be a great prejudice to trade; and feeing it was the known intereft of 
 both kingdoms to encourage the building of merchants fhips among tiiem- 
 felves, it could not but be the interefl of both, to prevent the crowding in of 
 foreign flilps among them. 
 
 This was dibated again in the Parliament of Scotland, and, after long dil- 
 courfes, obtained to pafs with this fmall alteration, the time of ratifying, ia- 
 ftead of the time of figning the Union, as fliall appear in its place. 
 
 The affairs of the llandards, weights andmeafur^s, were things admitted no 
 debate in either kingdom, fo need no observation; I fhall give a fcale of the 
 differences hereafter, becaufe it may be ufeful in matters of trade. 
 
 4 The
 
 PROPERLY CALLED THE UNION. 175 
 
 The rifFair of the coin made foinc noife abroad among the people, but tlie 
 iinfwcring the lofs of private perfons out of the equivalent put a flop to it, and 
 it WIS alfo adjufted without any hefitation. 
 
 Neither was there any diiFiculty before thetn about the affair of the great 
 fell of Britain, or of any regulations with refpeft to a feal in Scotland, for the 
 piffing fuch a6ls, either relating to private rights, or public juftice ; but it ap- 
 peared fo equal, that it inadt; no difficulties even at the time of the Parliament 
 in Scotland, when moflof tlie other heads admitted fuch ftrong debates. 
 
 But the next thing proceeded upon was the calculation of the equivalent, 
 which a Committee had been bufy in fettling, with clerks appointed to examine 
 the calculations, and ftate them to the CommifTioners, the refult of which was 
 now before them. 
 
 Minute continued. 
 
 The Lord Treafurer, in the name of the Lords Commiflioners for England, 
 delivered to the Board the following propofal, which was read. 
 
 The Lords Commiflioners of the two kingdoiiis having appointed a Com- 
 mittee, confifting of a like number of each Commiflion, for adjufting the equi- 
 valent to be allowed to Scotland for what that kingdom fhould become liable 
 to anfwer towards payment of the debts of England, by reafon of their havisg 
 agreed to bear the fame duties of cufloms and excifes upon all excifeable 
 liquors; and the faid Committee having frequently met, and after a full in- 
 quiry, having agreed amongft themfelves, and feverally reported to their re- 
 Ipeclive Commiflions, that the fum of 398,0851. los. was the equivalent to be 
 anfwered to Scotl'and, according to the proportion which the prefent cuftoms 
 and excifes in Scotland, do bear to the cuftoms and excifes upon excifeable 
 liquors in England ; and the Lords Commiflioners for England having con- 
 fidered and examined the faid report, do agree to the faid fum. 
 
 The Lords Commiflioners for Scotland having alfo infilled, that after the 
 Union the kingdom of Scotland becoming liable to the Englifli duties of cuf- 
 toms and excifes upon excifeable liquors, as well upon that account, as upon 
 the account of the increafe of trade and people,,which will be the happy confe- 
 quence of the faid Union, the faid two revenues will much improve, of whicli 
 no prefent valuation can be made ; yet, neverthelefs, for the reafons aforefaid, 
 there ought to be a proportionable equivalent allowed to Scotland. The 
 Lords Commiflioners for England do agree, that after the Union there fliall be 
 an account kept of the faid duties arifing in Scotland, to the end that it may 
 appear what ought to be allowed to Scotland as a proportionable equivalent 
 for fuch proportion of the faid increafe, according to the calculation aforefaid, 
 as fhall be applicable to the payment oC the debts of England. 
 
 The
 
 176 O F T H E L A S T T R E A T Y, 
 
 The Lords Commiffioners for Scotland having alio, by their paper delivered 
 the 21ft inftant, propofed that the rights and privileges of the Company in 
 Scotland trading to Africa and the Indies, do continue after the Union, or if 
 the privileges of that Company be judged inconvenient for the trade of the 
 united kingdom, that the private rights of the faid Company in Scotland be 
 purchafcd from the faid proprietors ; the Lords Commiffioners for England, 
 in anfwer thereto, fay they are of opinion, that the continuance of that Com- 
 pany is inconfiftent with the good of trade in the united kingdom, and confe- 
 quently againft the intereft of Great Britain ; and therefore they infift that it 
 ought to be determined. But the Lords Commiffioners for England being fen- 
 fible that the misfortunes of that Company have been the occafion of mifunder- 
 ftandings and unkindneffes between the two kingdoms; and thinking it to be 
 above all things defirable, that upon the Union of the kingdoms, the fubjed:* 
 of both may be intirely united in afFeftion, do therefore wifh that regard may 
 be had to the expences and lofles of the particular members of the faid Com- 
 pany, in the manner hereafter mentioned ; and they hope when the Lords Com- 
 miffioners for Scotland have confidered how generally that undertaking was 
 entered upon in Scotland, and confequently how univerfal that lofs was, they 
 will readily agree to the propofal. 
 
 The Lords Commiffioners for England do alfo think it of much confequencc 
 to England, that it fliould be agreed in this treaty, after what manner the equi- 
 valent (which will amount to a great fum payable upon and after the Union) 
 is to be paid and applied ; and being extremely defirous to bring the treaty to 
 a fpeedy conclufion, and in order to that, as foon as may be, to fettle and fix 
 the matter of the equivalent, and the application thereof, do agree as follows, 
 and do alfo make the following propofals to the Lords Commiffioners for 
 Scotland. 
 
 The Lords Commiffioners for England do agree, that upon complcating the 
 Union, the faid fum of 398,0851. los. being agreed upon as the equivalent for 
 Scotland, fhall be granted to her Majefty for that ufe. 
 
 The Lords Commiffioners for England do alfo agree, that upon the account 
 to be kept as aforefaid, of the improvement of the revenue of cuftoms and ex- 
 cifcs upon excifeable liquors in Scotland after the Union, there ffiall be anfwered 
 to Scotland an equivalent in proportion to fuch part of the faid incrcafe as fhall 
 be applicable to the payment of the debts of England. 
 
 The Lords Commiffioners for England do alfo agree, that an equivalent fhall 
 be anfwered to Scotland for fuch other parts of the Englilh debts as that king- 
 dom may hereafter become liable to pay by reafon of the Union. 
 
 The Lords Commiffioners for England do propofe, for the further and more 
 
 effedtual
 
 PROPERLY CALLED THE UNION. 177 
 
 effedual anfwering the fevcral ends hereafter mentioned and propofcd, that 
 from and after the Union, the whole increafe of the revenue of cufloms and 
 excifes upon excifeable liquors in Scotland, over and above what the fiid reve- 
 nues do now yield, fliall go and be applied, for the term of fcven years, to the 
 ufes hereafter mentioned. 
 
 And upon the faid agreements and propofal, the Lords Commillioners for 
 England do further propofe, that her Majefly be empowered to appoint Com- 
 mifiioners, who fhall be accountable to the Parliament of Great Britain, for 
 difpofing the faid fum of 398,085 1. 10 s. ro be granted as aforefaid, and alfo of 
 all other monies which fliall arife upon the agreements and propofal aforefaid to 
 the purpofes following: i. Thar out of the faid fum of 398,0^^51. 10s. all 
 the public debts of the kingdom of Scotland, and alfo the capital ftock or 
 fund of the African and Indian Company of Scotland, together with the intereft 
 for the faid capital ftock, after the rare of 5 per cent, per annum from the re- 
 fpefbive times of payment thereof, fhall be paid ; and tliat, immediately upon fuch 
 payment of the faid capital ftock and intereft, the faid Company fhall be difTol v- 
 ed and fhall ceafe : provided neverthclefs, that from the time of pafTing the 
 Aft for raifing the faid fum of 398,0851. los. the faid Company fnall neither 
 trade nor give licence to trade. 
 
 The Lords CommifTioners for England do further propofe, That after pay- 
 ment of the faid public debts, and refunding the faid capital ftock in manner 
 aforefaid, the overplus of the faid fum of 398,085!. los. and alfo the whole 
 improvement of the revenue of cuftoms and excites upon excifeable liquors 
 (above the prefent value), which fhall arife during the term of feven years, from 
 the commencement of the Union as aforefaid, together with the equivalent 
 which fhall become due upon account of the improvement of the cuftoms and 
 excifes on liquors in Scotland, after the faid fcven years, and all other fums, 
 which according to the agreement aforefaid may become payable to Scotland, 
 by way of equivalent for what that kingdom fliall hereafter become liable to an- 
 fwerfor the debts of England, may be applied in the manner following. 
 
 That out of the fame what confideration fliall be found necefTary to be had 
 for any lofTes which private perfons may fuftain in reducing the coin of Scot- 
 land to the ftandard of England (mention whereof is made in another paper de- 
 livered by the Lords CommifTioners for Scotland the 21ft inftant), may be made 
 good, and afterwards the fame fhall be wholly employed towards encouitiging 
 and promoting the fifheries, and fuch other manufactures and improvements«in 
 that part of Britain called Scotland, as may moft conduce to the general good 
 of the united kingdom. 
 
 Adjourned to Wednefday the 26th inftant, 7 in the evening. 
 
 A ^ O B S E R-
 
 tji OF THE LAST TREATY, 
 
 OBSERVATION XII. 
 
 In making obfervations on the affair of the African Company, it may be necef-* 
 fary to ftate that part of the African affair that belongs to this immediate 
 debate. 
 
 The African Company having, as has been related In the beginning of this 
 work, met with feveral difafters and misfortunes, in fome of which, the national in- 
 terelts of England and Scotland had but too much clafhed, and which had been the 
 occafion of a great deal of ill blood between them, it was abfolutely neceffary, in 
 die bringing to pafs an Union between the kingdoms, to remove every occafion 
 of difcontent; and particularly every interfering intereft, being inconfiftent with 
 a complete entire Union, the thing now aimed at, there was therefore an abfo- 
 lute neceflity to remove or reconcile every thing of that nature, as far as poflible, 
 before fuch an Union could be made. 
 
 The Scots Commiffioners were in the right to propofe. That their African 
 Company fhould be fupported and defended as a private right, all rights and 
 privileges of corporations and companies being to be referved ; and this having 
 been a national concern, in which they had but made an effay, and mifcarrying 
 in their firft attempt, Iiad let it reft for a while, but had various profpefts of fu- 
 ture proj efts and attempts J it could not be equal, to oblige them to quit thefe 
 profpefts, and their legal right to a trade to the Indies, which was fo valuable in 
 other countries, and which might in time reftore their loffes ; and therefore they 
 propofed the referving to themlelves the charters, rights and privileges of their 
 African and Indian Company. 
 
 On the other hand, the cafe of England made this imprafticable ; for whereas 
 there was already a Company eftablifhed in England, formed, and with great 
 difficulty united into one, from two contending and powerful companies; and 
 that thefe were intirely fupported, and depended upon their exclufive charters, 
 by which no other perfons could trade to the Indies but themfelves, or by their 
 permifilon : if this Company eftablifhed in Scotland had continued after the 
 Union, the article for a free intercourfe of trade between the nations, had im- 
 mediately opened to them all the ports of England for their fhips and goods ; 
 and it had been, in event, a perfeft laying open the Eaft India trade, or at leaft 
 erefting a new Eaft India Company in Britain, which, whoever knows the diffi- 
 culty of uniting the laft 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 borne within 
 Britain. 
 
 This the Scots Commiffioners forefaw, and therefore very frankly propofed 
 the alternative, viz. That if the privileges of that Company Hiall be judged in- 
 convenient
 
 PROPERLY CALLED THE UNION. ,79 
 
 convenient for the trade of the reft of the united kingdom, that the private rip-hts 
 of the faid Company in Scotland be purchafed from the proprietors. 
 
 This was the leaft that could be demanded; for if England found it imprac- 
 ticable to fuffer, or intolerable to their two Companies to bear, it v/as but rea- 
 fonable, that the Company, who was to quit its right, ihould have fatisfaftion 
 for parting with that right. And the next queftion was therefore, what mud 
 this purchafe be, and who muft pay it? and this was no finall point. 
 
 England was fo clear and fair in all their offers as to the equivalent, that the 
 Scots CommilTioners were, in a manner, prevented in every thing they had to 
 a(k; the offers of a full recompence in money, advanced for all die money 
 ■which Scotland ftiould be charged to pay towards the Englifh debts, and of ap- 
 plying the whole remaining revenue of Scotland for the encouragino- trade, and 
 employing the poor, had in it fo much evidence of the hearty dcficrn of the 
 Englifh Commiffioners to confidcr every thing for the good of the community 
 after the Union, that it could bear but little objeftion : it feemed therefore but 
 reafonable, that the Scots fhould, at their own charge, put themfelves in con- 
 dition of uniting, that is. That if they had any national obftruftion, which 
 was inconfiftent with the defigned Union, and without removing which it could 
 not be made, that then the removing that difficulty Ihould lie at their door. 
 
 It was this kind of reafoning which direfted the purchafe 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 fee, both parties agreed. 
 Then the queftion was, what price ftiould thefe private rights be purchafed 
 at ; and this would have met with great difficulties, fome magnifying the pro- 
 fpefts of their company in trade, as a thing not to be valued, and whicli alone 
 was able to enrich their nation ; others leffening it in the moft contemptible 
 manner, as a thing that not only had now, but never had any profpedt or pof- 
 ftbility of fuccefs, as it had been managed. Of which by itfclf. — 
 
 But the method propofed appeared fo fair, that it left no room for obj'eiftion, 
 it being a valuation from the true original, viz. That every private adven- 
 turer ftiould be put in the fame condition as he was in at firfl-, fuppofing; his 
 money put out to intereftj fo that every man was to receive his full original 
 capital ftock which he had at firft advanced, and five per cent intereft to the 
 time of payment. 
 
 Nor can I forbear faying, that the furprife of this offer had various effe6ts 
 upon the people ; for this ftock was a dead weigiit upon a great many families, 
 who wanted very much the return of fo mucli money : it had not only been long 
 dift)urfed, but it was, generally fpeaking, abandoned to defpair, and the money 
 given over for loft j nay, fo entirely had people given up all hopes, that a man 
 might even, after this conclufion of the treaty, have bought the ftock at 10 
 
 A a 2 pounds
 
 i8o OF THE LAST TREATY, 
 
 pounds for an hundred j and after all this, to find the whole money fhould come 
 in again, with intereft for the time, was a happy furprife to a great many fa- 
 milies, and took ofl' the edge of the oppofition, which fome people would 
 otherwife have made to the Union in general. 
 
 IVedneJday the a6th of 'June^ 1706. 
 Her Majejiy c(ime to the Meeting, and being feated in her chair, /poke to the Lords 
 
 Commijfioners as follows : 
 " My Lords, 
 " I AM come hither once more to fee what further progrefs you have made 
 " in this treaty, and to prefs a fpecdy conclufion of it, in regard my fervants of 
 " Scotland cannot without great inconveniency be much longer abfent from 
 " that kingdom." 
 
 After which Her Majefty was pfeafed to direfl, that the proceedings of the 
 CommilTioners for both kingdoms (from the time of her being there) fhould be 
 read, which was accordingly done by the refpeftive Secretaries, and then Her 
 Majefty went away. 
 
 Adjourned to Friday the 28th inftant, 6 in the evening. 
 
 Friday the aSth of June, 1706. 
 
 The Lord Keeper, in the name of the Lords Commiflloners for England, de- 
 livered to the Board the following paper, which was read. 
 
 The Lords Commiffioners for England having confidered the propofal made 
 by the Lords Comminioners for Scotland the I'ld inftant, touching the continu- 
 ance of the laws and adts of Parliament now in force in Scotland, for preventing 
 frauds in pineing, curing and packing fifh in Scotland, do agree to the fame j 
 and do likewife agree, that fifli exported from Scotland to parts beyond the feas 
 after the Union, fhall have the fame eafes, premiums and drawbacks, as are 
 now allowed by the laws of England to fuch as export the like fifh from 
 England. 
 
 The Lord Keeper, in name of the Lords CommilTioners for England, alfo 
 delivered to the Board the following paper, which was read. 
 
 The Lords Commiffioners for England do agree to the further explanation 
 contained in the paper, delivered by the Lords Commiffioners for Scotland the 
 25th inftant, concerning foreign tiuilt fhips belonging to Her Majefty's fubjefts 
 of Scotland, with this addition, that in the oath propofed to be made by one or 
 more owners of fuch Ihip, where there are more owners, the names of all the 
 owners, and the places of their abode fliall be particularly mentioned. 
 
 The Lord Keeper, in name of the Lords Commiffioners for England, de- 
 livered to the Board the following propofal, which was read. 
 
 The Lords Commiffioners for England being defirous that no time be loft in 
 perfefling this treaty, do propofe, that four Commiffioners of each part be ap- 
 pointed
 
 PROPERLY CALLED THE UNION. i8i 
 
 pointed to draw up into form the articles or heads of this treaty upon the points 
 already agreed, or which hereafter fhall be agreed, in order to be figned and 
 fealed by the Commiflioners of both kingdoms. 
 
 The Lord Chancellor, in the name of the Lords Commiflioners for Scot- 
 land, delivered to the Board the following paper, which was read. 
 
 The Lords CommifTioners for Scotland having confidered the propofal de- 
 livered by the Lords Comminioners for England the 126. inftant, concerning 
 the great feal, their Lordfhips do agree, that there fliall be a great fcal for 
 the united kingdom of Great-Britain, to be ufed for fealing writs to cleft and 
 fummon the Parliament of Great-Britain, and for fealing all treaties with fo- 
 reign princes and ftates, and all public writs and orders of ftate, which con- 
 cern the whole united kingdom. And the Lords Commiflioners for Scotland 
 do propofe, that the great feal of the united kingdom be different from the 
 great feals now ufed in either kingdom, and that the quartering the arms, as 
 may beft fuit the Union, be left to her Majefty, and that in the mean time the 
 great feal of England be ufed as the great feal of the united kingdom. And 
 the Lords CommiiTioners for Scotland do further propofe, as a confequence of 
 the reiervations agreed to by the Lords Commiflioners for both kingdoms, of 
 the laws and cuflioms in Scotland, that a feal in Scotland, after the Union, be 
 always kept and made ufe of in all things relating to private rights or grants, 
 which have ufually pafl'ed the great feal of Scotland, and which do only con- 
 cern offices, grants, commiflions and private rights within that kingdom; 
 and that the privy feal, fignet, fignet of the Jufticiary Court, quarter feal, and 
 other feals of Courts now in ufe in Scotland be continued, but that the fame 
 be altered and adapted to the fl:ate of the Union, as her Majefty Ihall think fir, 
 and that the faid feals, and all of them, and the keepers of them, fliall be fub- 
 jeft to fuch regulations as the Parliament of Great-Britain fliall hereafter 
 make. 
 
 The Lords Commiflioners for Scotland do alfo propofe, that upon calling 
 the firfl: Parliament of Great-Britain, and until the faid Parliament fliall make 
 further provifion therein, the following method be ufed in fummoning the 
 members from Scotland, to attend in both Houfes of Parliament of Great 
 Britain, viz. That a writ under the great feal of the united kingdom be ifliied 
 out for fummoning the faid members, and that the faid writ be direftcd to fuch 
 court, officer or office, and to be executed and returned in fuch manner as in 
 the Parliament of Scotland fliall be fettled, at or before ratifying the treaty. 
 
 The Lord Chancellor did alfo, in the name of the Lords Commiflioners for 
 Scotland, deliver to the Board the following paper, which was read. 
 
 The paper delivered by the Lords Commiflioners for England on the 25th 
 "inftant, concerning the equivalent, does very much contribute to the bringing 
 
 tliis
 
 i82 OF THE LAST TREATY, 
 
 this treaty to a conclufion. And the Lords Commiffioners for Scotland being 
 ready to concur on their partj do agree to the fame, with the following addi- 
 tions and explanations. 
 
 I. And firft, where the faid CommiiTioners for both kingdoms have agreed 
 that the fum of 398,0851. los. is the equivalent to be anfwered to Scotland, 
 according to the proportions which the prefent cuftoms and excife of Scotland 
 do bear to the cuftoms and excifes upon excifeable liquors in England j the 
 Lords Commiflioners for Scotland do propofe, that the accounts and calcula- 
 tions which lay before the Committee, by which it does appear from whence 
 tlie aforefaid fum does arife, be entered in the journal books of this treaty. 
 
 And where the Lords Commiffioners for both kingdoms have alfo agreed 
 that an account be kept of all the duties in Scotland, arifing from the cuftoms 
 and excifes upon excifeable liquors, beyond the prefent eftimate, to the end it 
 may appear what ought to be allowed to Scotland as an equivalent to fuch 
 proportion of the faid increafe, according to the calculation aforefaid, as fhali 
 be applicable for payment of the debts of England ; the Lords CommifTioners 
 for Scotland do in like manner propofe, that the calculation of that proportion 
 which lay before the Committee be entered in the books of journal of this 
 
 treaty. 
 
 And where the Lords Commiflioners for both kingdoms have agreed, that 
 upon compleating the Union, the faid fum of 398,0851. los. being agreed 
 upon as the equivalent for Scotland, fhall be granted to her Majefty for that 
 ufe ; the Lords Commiflioners for Scotland do underftand it to be the mean- 
 intT of the Lords Commiflioners for England, that the faid fum be granted to 
 her Majefty in the Parliament of England, at or before ratifying the treaty, 
 and do propofe that the fum be due and payable from the time of ratifi- 
 cation of the Union in both Parliaments. 
 
 And whereas it is agreed on both fides, that her Majefty be empowered to 
 appoint Commiflioners, who ftiall be accountable to the Parliament of Great 
 Britain for difpofing of the faid fum of 398,0851. los. to be granted as afore- 
 faid, and alfo of all other monies that fliall arife upon the agreements and pro- 
 • pofal aforefaid, to the purpofes mentioned in the laid paper delivered by the 
 Lords Commiflioners for England on the 25th inftant; the Lords Commif- 
 fioners for Scotland do propofe that the aforefaid Commiflioners be not only 
 empowered to call for, receive and difpofe of the aforefaid fum to the purpofes 
 mentioned in the faid paper; but further, that the faid Commiflioners be au- 
 thorized and empowered to infpeft the books of the feveral colledlors of the 
 faid revenues of cuftoms and excifi', and of all other duties from whence an 
 equivalent may arife, and that the colleftors and managers of the faid duties 
 and revenues be obliged to give to the faid Commiflioners fubfcribed, authen- 
 tic
 
 PROPERLY CALLED THE UNION. 183 
 
 tic abbreviats of the produce of the feveral revenues and duties arifing in their 
 refpedlive diftridlrs on account, where an equivalent may become due to Scot- 
 land ; which Commiffioners fliall be obliged to keep books, containing ac- 
 compts of die amount of the equivalent, and how the fame fliall be difpoled of 
 from time to time ; which books fliall be patent for infpeftion to all the fub- 
 jefts in Scotland ; and that the faid CommifTioners have their office within the 
 limits of the faid kingdom of Scotland. 
 
 The Lord Chancellor, in name of the Lords Commifl^ioners for Scotland, 
 delivered to the Board the following propofal, which was read. 
 
 The Lords Commiflloners for Scotland do propofe, for removing of national 
 difiiinflions between the two kingdoms after the Union, that the crofles of St. 
 Andrew and St. George be conjoined when ufed in flags, banners, fl:andards 
 and enfigns, both at fca and land. 
 
 The Lords Commiflloners for Scotland withdrew, and being returned, the 
 Lord Chancellor, in their Lordfliips names, delivered to the Board the following 
 anfwer to the propofal delivered by the Lords Commiflioners for England at this 
 meeting, which was read. 
 
 The Lords Commiflioners for Scotland do agree, that four Commiflioners 
 of each part be appointed to draw up into form the articles or heads of this 
 treaty, and have named for their part. 
 
 The Lord Prefident of Sefllon. 
 
 Lord Juftice Clerk. 
 
 Sir Alexander Ogilvie, one of the Senators of the College of Juftice. 
 
 Sir David Dalrymple. 
 
 The Lord Keeper, in name of the Lords Commiflioners for England, deli- 
 vered to the Board the following paper, which was read. 
 
 The Lords Commiflioners for England do nominate 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 perfons following : 
 
 Attorney General. 
 Solicitor General. 
 Sir John Cook. 
 Doftor Waller. 
 
 Agreed that the above-named Committee, confifl:ing of four of each Com- 
 mifllon, meet to-morrow morning at ten o'clock, and that they have power to 
 adjourn themfelves. 
 
 Adjourned to Monday the ill of July at 6 in the evening. 
 Monday the \ft of July, 1706. 
 
 The Lord Keeper, in name of the Lords Commiflioners for England, deli- 
 vered to the Board the following paper, which was read. 
 
 ^ The
 
 ,84 OF THE LAST TREATY, 
 
 The Lords Commiflioners for England, having confidered the anlV/er deli- 
 vered by the Lords Cominiffioners for Scotland the 21 ft of June laft, to the 
 propofal made by the Lords Commiflioners for England the 19th of the fame 
 month, concerning the coin, weights, and meafures to be ufed throughout the 
 united kingdom j the Lords Commiilioners for England do agree to the pro- 
 vifions contained in the faid anfwer, with this addition, that the weights and 
 meafures for Scotland, to be kept in the boroughs of Scotland, to whom the 
 keeping of the fame does now belong, be fent down to the refpcftive boroughs, 
 from the ftandard kept in the Exchequer at Wcftminfter; and that a mint be 
 continued in Scotland, under the fame rules as the mint in England, fubjeft to 
 fuch regulations as the Parliament of Great Britain fliall think fit. 
 
 The Lord Chancellor, in the name of the Lords Com.miffioncrs for Scotland^ 
 delivered to the Board the following paper, which was read. 
 
 The Lords Commiffioners for Scotland having, on the 25th of June laft, de- 
 livered a further explanation of their propofal delivered the 22d of June, con- 
 cernino- fhips belonging to Her Majefty's fubjefls in Scotland, and the Lords 
 CommifTioners for England having agreed to the faid explanation, in their Lord- 
 fhips paper delivered the 29th of June, with an addition thereto; the Lords 
 Commifiioners for Scotland do now agree to the faid addition. 
 Adjourned to Wednefday the third inftant, at 1 1 o'clock. 
 
 Wednejday the 2,d of July, 1706. 
 The Lord Treafurer, in name of the Lords Commifiioners for England, 
 de.livered to the Board the following paper, which was read. 
 
 The Lords Commifiioners for England have confidered the paper, delivered 
 by the Lords Commifiioners for Scotland the 28th of June laft; and as to the 
 firft propofal therein contained, viz. That the great feal of the united kingdonrij 
 be different from the great feal ufcd in either kingdom, and that the quartering 
 of the arms, as may beft fuit the Union, be left to Her Majefty ; and that, in 
 the mean time, the great feal of England be ufed as the great feal of the united 
 kingdom ; the Lords Commiflioners for England do agree to the fame. 
 
 And as to the fecond propofal, the Lords Commiffioners for England do agree, 
 that a feal fiiall, after the Union, be always kept in Scotland, for tlie ufes and 
 purpofcs therein contained ; and that the privy feal, fignet, and other feals 
 therein mentioned, and now ufcd in Scotland, be continued the fame, to be 
 altered, and adapted to the ftate of the Union, as Her Majefty ftiall think fit ; 
 and that the faid feals, and all of them, and the keepers of them, ftiall be fub- 
 jeft to fuch regulations as the Parliament of Great Britain ftiall hereafter make. 
 And inftead of the laft propofal, the Lords Commiflioners for England do 
 j)ropofe, that, upon calling the firft Parliament of Great Britain, and until the 
 Jaid Parliament ftiall make further provifion therein, the following method be 
 ufed. 
 
 That
 
 PROPERLY CALLED T PI E UNION. 185 
 
 That a writ do iffue under the great feal of the united kingdom of Great 
 Britain, dire£ted to the Privy Council of that part of the united kingdom now 
 called Scotland, commanding them to' caufe fixteen Peers, who are to fit in the 
 Houfe of Lords, to be fummoned to Parliament, and forty-five Members to 
 be elefted to fit in the Houfe of Commons of the Parliament of die united 
 kingdom of Great Britain, according to the agreements between the two kino-- 
 doms in this treaty, in fuch manner as in the Parliament of Scotland fliall be 
 fettled, at, or before ratifying the- treaty j and that the names of the perfons 
 fo fummoned and elefted fliall be returned by the Privy Council of Scotland, 
 into the court from whence the faid writ did ilTue. 
 
 The Lord Trcafurer did alfo, in name of the Lords Commiflloners for Eng- 
 land, deliver to the Board the following paper, which was read. 
 
 The Lords Commiffioners for England having confidered the propofal con- 
 tained in the paper, delivered by the Lords Commiffioners for Scotland the 
 28th of June laft, in anfwer to the feveral matters relating to the equivalent, 
 mentioned in the paper delivered by the Lords Commiffioners for England on 
 the 25 th of the fame month, do agree to the propofal therein made, concern- 
 ing the accounts and calculations from whence the equivalent did arife, beino- 
 entered into the journal books of this treaty. 
 
 And the Lords Commiffioners for England do likewife agree to the propofal 
 contained in the fame paper, concerning the calculation of the proportion of 
 the increafe of duties arifing from cufloms and excifes beyond the prefent efti- 
 mate, being entered in the journal book of this treaty. 
 
 And the Lords Commiffioners for England do alfo agree to the propofal in 
 the fame paper, that the fum of 398,085]. los. agreed upon to be the equiva- 
 knt for Scotland fhall be granted to her Majefty in the Parliament of England, 
 at or before ratifying the treaty, and that the fame be due and payable from the 
 time of ratification of the Union in both Parlianaents. 
 
 And the Lords Commiffioners for England do alfo agree to what is further 
 propofed therein by the Lords Commiffioners for Scotland, concernino- the 
 powers to be given to the Commiffioners for difpofing of the equivalent, and 
 the books and office to be kept by the faid Commiffioners. 
 
 The Lord Treafurer did likewife, in name of the Lords Commifilonels for 
 England, deliver to the Board the following paper, which was read. 
 
 The Lords Commiffioners for England have confidered the propofal made hf 
 the Lords Commiffioners for Scotland tlie 28th of June laft, for removing na- 
 tional diftindtions, and do agree, that the crofies of St. George and St Andrew 
 be conjoined, when ufed in flags, banners, ftandards and enfigns, both at fea 
 and land, with this addition ; that the manner of conjoining the faid crofles be 
 left to her Majefty, and that the enfigns armorial of the united kingdom be fuch 
 as her Majefty fliall appoint, 
 
 B b The
 
 i86 OF THE LAST TREATY, 
 
 The Lord Chancellor, in name of the Lords Commiffioners for Scotland, 
 delivered to the Board the following paper, which was read 
 
 The Lords Commiffioners for Scotland do agree to the additions contained in 
 the paper delivered by the Lords Commiffioners for England the ift inftant, 
 concerning the mint, weights, and meafures. 
 
 Adjourned to Thurfday the 4th inftant, at fi-x in the evening. 
 
 Thurjday the 4.th of July, 1706. 
 
 The Lord Chancellor, in name of the Lords Commiffioners for Scotland, 
 delivered to the Board the following paper, which was read. 
 
 The Lords Commiffioners for England, in their paper of the third inftant 
 having agreed to the propofal made by the Lords Commiffiioners for Scotland 
 the 28th of June laft, concerning the feals ; and having, in the faid paper, pro- 
 pofed a method to be ufed in calling tlie firft Parliament of Great Britain ; the 
 Lords Commiffioners for Scotland do agree to the faid propofal. 
 
 Th£ Lord Chancellor alfo, in name of the Lords Commiffiioners for Scotland, 
 delivered to 'the Board the following paper, which was read. 
 
 The Lords Commiffiioners for England having agreed to the propofal, made 
 by the Lords Commiffiioners for Scotland the 28th day of June laft, concerning 
 the conjoining the croffes of St. Andrew and St. George, with an addition, viz. 
 That the manner of conjoining the faid croffes be left to her Majefty, and that 
 tht enfigns armorial of the united kingdom be fuch as her Majefty fhall appoint j 
 the Lords Commiffiioners for Scotland do agree to the faid addition. 
 
 The Lords Commiffioners of both kingdoms did agree, to revive the Com- 
 mittee of eleven of each fide, nominated the ift of May laft; and that they 
 meet the morrow morning, in order to the diredling the papers and calculations 
 touching the equivalent to be entered in the journal books of the treaty. 
 Adjourned to Saturday the fixth inftant, at 11 o'clock. 
 
 Saturday the 6th of July, 1706. 
 
 The Earl of Pembroke, Prefident of the Council, in name of the Lords 
 Commiffioners for England, delivered to the Board the following paper, which 
 was read. 
 
 The Lords Commiffioners who are on the part of England of the Committee 
 of Lords of both kingdoms, nominated the firft of May laft, to confider matters 
 to them referred, having reported to us the Lords Commiffioners for England, 
 that the faid Committee had referred to fix perfons the ftating in what propor- 
 tion the prefent cuftomsof Scotland, as now let, do bear to the feveral branches 
 of that revenue in England, and alf© in what proportion the prefent excife upon 
 
 liquors
 
 PROPERLY CALLED THE UNION. 187 
 
 liquors in Scotland, as now let, do bear to the feveral branches of that revenue 
 in England, in order to tl;ie 'Hating of the equivalent that would become due 
 to Scotland, for fo much of the faid two revenues as fhould be applied towards 
 the payment of the debts of England, which was accordingly done as in No. i. 
 And that the faid fix perfons had alfo, by their Lordlhips direftions, prepared a 
 calculation, what fo nriuch of the faid two revenues of Scotland, as fliould be 
 applied towards payment of the debts of England, would produce of ready 
 money, as in No. 2. The faid fix perfons had alfo calculated, that in cafe the 
 fiiid two revenues ftiould increafe (above what they are now let for) loool. on 
 cuftoms, and lOOol. on the excife, how much thereof would contribute to- 
 wards thepaympnt of the debts of England, and for which Scotland is to have 
 an equivalent, as in No, 3. All which papers their Lordfhips having now laid 
 before us, we the Lords Commiffioners for England do agree to the fame,, and 
 that all the,faid papers be entered by the relpe;?t^ive Secretaries in the journals of 
 this treaty. 
 
 Adjourned to Tuefday the 9th infl:ant, at 5 in die evening. 
 
 O B S E- R V A T I O N XIII. 
 
 "'I might make obfervatioris here upon th^ nianner of ftatlng the equivalent ; 
 forirt a matter of that mofneht'.it isnot to be doubted but tliere were various 
 judgments paffed, projecSls founded, and propofals made on every fide for the 
 bringing this difficult thing to bear, in which ever)' body fpoke according to 
 their feveral judgments, and as . I noted before, every man fuppofed this fuch 
 aft infuperable difficulty, that it would never have been maftered in the treaty, 
 arfd therefore various fchemes were made. 
 
 The main difficulty, as I have hinted already, was the propofal itfelf of an 
 equivalent, and indeed without this it had been impoffible to bring this Union 
 to a conclufion ; nor was the way ever feen clear towards a Union, till the pro- 
 j'eft of an equivalent was thought of. The manner of it therefore might 
 Confequeritly be fuppofed to introduce equal difficulty. Some propofed it in 
 an annual payment of intereft to Scotland of 30,000!. per annum, or 6oo,oool. 
 in money, to be ftated at 5I. per cent. 
 
 But the people that made thefe propofals, built upon the fuppofitionofthe Scots 
 revenues paying a far greater fhare of the Englilh debt, than upon a further 
 fearch into the feveral articles appeared probable ; and at beft built upon 
 imaginary increafes on one fide, and imaginary expences on the other, as will 
 appear by the following fchemes of the improved taxes of Scotland after tfie 
 Union. 
 
 B b 2 An
 
 i88 OF THE LAST TREATY, 
 
 An EJlimate of what the Revenue of Scotland may produce after the Union, 
 when upon the Foot of the Englijh taxes. 
 
 Cuftoms — — — — 70,000 
 
 Excife — — — — 40,000 
 
 Malt and fair taxes — — 40,000 
 
 Crown lands — _ __ 6,000 
 
 Stamped paper, &c. — — 10,000 
 
 Land tax — — . — 50,600 
 
 2i6,oool. per annum. 
 
 1 Ihould not record this imaginary and erroneous fcheme, but to illuftrate 
 and fhew the neceffity and original of the true; perhaps the author of this 
 fcheme had as near a view as any body at that time of day could come at. 
 
 But when the CommifTioners on both fides came to form themfelves into a 
 Committee to ftate this fo as that neither kingdom might objeft, they found 
 themfelves under a necelTity of keeping a medium between two dangerous ex- 
 tremes, that the Scots on one hand might not plead a difparity of allowance, 
 and confequently deny its being an equivalent, which would overthrow the 
 foundation ; and the Englifli might not complain they were wronged 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 cuftoms and excifes of Scot- 
 land, which were the only taxes which could be appropriated to the payment 
 of Englilh debts, and ftating them at the prefent produce, as they were then 
 farmed out, they advance to the Scots as much money as the annual produce of 
 thofe fums appropriated as above comes to. This was capable of a moft exadl 
 calculation to the leaft fraction, and was exaftly caft up as in the tables an- 
 nexed to the minutes, which I have alfo printed, that pofterity may fee how 
 cxaftly this matter was carried between both, and may for ever be fatisfied 
 with the juftice which was done them in either nation. 
 
 The calculation being made exadlly for the prefent revenue of Scotland, it 
 was not for the CommifTioners to attempt a real advance upon imaginary in- 
 creafes, which might or might not come to pafs, as trade might or might not 
 be enlarged by the Union. But to remove all pofTible objefbions, they firft 
 date how much fhall be appropriated to the payment of the Englifh debts, 
 upon every thouAind pounds that any of the revenues of Scotland (hall there- 
 after advance, and then appointing an exaft account to be kept of fuch ad- 
 vance, agree that Scotland fhall be rc-imburfid by way of equivalent, as much 
 as (hall be paid out of fuch advanced revenues, and jhat CommifTioners be 
 
 appointed
 
 TROPERLY CALLED THE UNION. 189 
 
 appointed both to fee the calculations made and accompts kept, and alfo to 
 pay the faid equivalent as it becomes due. 
 
 This was fo clear, fo juft, and fo unexceptionable a method, that it could 
 admit of no difpute, and brought the moft intricate part of the whole treaty 
 to a happy conclufion. 
 
 The queftion about the manner of payment was now all that remained, and 
 the propofal for an annual intereft found no room ; for this had been but the 
 fame thing with letting the revenues of Scotland pay themfelves as it came in ; 
 nor could it enable Scotland to anfwer the incumbrances which were then upon 
 her, and which it behoved her to clear herfelf of to make way for the Union, 
 fuch as the paying of, or purchafing the capital (lock of the African Company, 
 &c. making good the deficiency of the coin, paying the public debts, &c. 
 
 To folve this, the calculation being made, they propofed to eftimate the value 
 of the proportions which Scotland would fo pay of the Englifh debts, and 
 reduce them to a rate in prefent money, according to the common eftimates 
 then current for advanced payment to the Government ; and that then Eng- 
 land fhould pay the full fum down in ready money, the payment to become due 
 upon the figning the Union. 
 
 This was thought not only juft, but advantageous to Scotland, and indeed 
 neceflary to her, to fupply the ftagnation which might be upon the current 
 cafh of that kingdom on the alteration of the coin, and to caufe money to cir- 
 culate among them, which was then much wanted. 
 
 This part of the calculation 1 have therefore caufed to be printed here as it 
 ftands in the books of the Commiffioners, to clear up the particulars, and to 
 convince the niceft objeftors with what exadnefs and equal proportion every 
 part of this tranfaftion was carried on. 
 
 An Account of the Value of the Annual Sums contrihuled out of the Ciiftoms 
 of Scotland (according to the prefent Produce thereof) tozvards the anticipated 
 Funds of the Cujloms of England, viz. 
 
 26051. per annum from March 25, 1707, until June 24, i7io,T 
 eftimated in prefent money ■ — j 
 
 1 57 98I. per annum from March 25, 1707 to Auguft i, 1710,) . 
 
 eftimated at . — ) 
 
 357 81. per annum- from March 25, 1707, to September 30,] 
 17 10, eftimated at — — — 
 
 1780I. per annum from March 25, 1707, for 98 years, com- 
 mencing M'lch 8, 1708, at the rate of fifteen years and three ^27145 
 
 months purchafe, comes to — 
 
 23761]. per annum from the Cuftoms.- 
 
 1 1251 
 
 I' 93479 
 
 A Com-
 
 190 
 
 OF THE LAST TREATY, 
 
 10 
 
 > 71003 i; 
 
 J Computation of the Value of the Annual Sums contributed out of the Scotch 
 Excije (eflimated at 33500/. -per annum) towards the anticipated Excife 
 Funds in England, viz. 
 
 6802I. per annum out of the excife in Scotland towards pay-"l £. S. 
 ment of annuities for 99 years, which are charged on the 3700I. I ^ 
 a week arifing out of the hereditary and temporary excife in 
 England, at 1 5 years three months purchafe, comes to -* 
 
 4682]. per annum contributed out of the excife in Scotland, 
 towards payment of annuities, amounting to 132433I. per 
 annum charged on 9d. per barrel excife in England, whereof 
 J24866I. per annum is for the remainder of a term of 99 
 years, commencing January 25, 1692, and 7567I. per annum 
 for lives with the advantage of furvivorftiip ; fo that 441 5I. 
 of the 4682I. per annum, will be for the remainder of the faid 
 term of 99 years, and 267I. thereof for lives, with the ad- 
 vantage of furvivorfhip ; and fo much thereof as is for the 
 remainder of a term of 99 years, being rated at ,15 years and 
 three months purchafe, comes to 67328I. 15s, and the re- 
 mainder being deemed of equal value with a term of 30 years, 
 comes to 3675I. in the whole. 
 
 4860I. per annum contributed out of the excife in Scotland, 
 towards payment of 137460I. per annum charged on another 
 9d. per barrel excife in England, part in perpetuity, part for 
 99 years, part for 3 lives, and part for 2 lives, whereof 3536I. 
 of the faid 4860I. per annum will be in perpetuity, 542I. for 
 99 years, 74I. for 3 lives, and 708I. for 2 lives, fo much as is 
 in perpetuity and for 99 years being rated at 15 years and 3 
 months purchafe, fo much as is for 3 lives being rated at 1 2 
 years purchafe, and fo much as is for a lives at 1 1 years pur- 
 chafe, amount in the whole at thofe rates to 
 3699I. per annum, contributed out of the excife in Scotland, for 
 payment of annuities charged on another 9d. per barrel excife 
 in England for 99 years, at 15 years and three months pur- 
 chafe, comes to — — , 
 
 , 70865 10 
 
 > 56409 15 
 
 Carried over £, 302009 10 
 
 893I.
 
 PROPERLY CALLED THE UNION. 191 
 
 Brought forward — 302009 10 
 893I. per annum, contributed out of the excife in Scotland, for^ 
 2 years and 3 months, commencing March 25, 1707, ap- 
 plicable as the duty on low wines in England for that time, 
 is computed to be worth 
 
 J 
 
 2597 
 
 £. 304606 10 
 From the cuftoms — — 93479 
 
 Total fum, being the fame as the equivalent £. 398085 10 
 
 From this calculation it alfo appears, that every loool. increafe on the excife 
 
 will pay towards the debts of England — — £. 625 
 
 Ditto on the cuftoms 792 
 
 Tuejday the ^th of July, 1706. 
 
 The Lords CommifTioners of both kingdoms agreed to revive the Commit- 
 tee of eight, who were nominated to draw up the heads of the treaty in form, 
 and that they meet to-morrow morning. 
 
 Adjourned to Thurfday the i ith inftant, at 1 1 o'clock, in the forenoon. 
 
 Thurfday the wth of July, 1706. 
 
 The Lord Keeper, in the name of the Lords CommifTioners for England, 
 delivered to the Board the following propofals, which were read. 
 
 The Lords Commiffioners for England do propofe, that the Union of both 
 kingdoms Ihall take place upon the firft day of May, 1707, and their Lordfhips 
 do alfo propofe, that if her Majefty, on or before the faid firft day of May, fliall 
 declare under the great feai of England, that it is expedient that the Lords of 
 Parliament of England, and Commons of the prefent Parliament of England, 
 fhould be the Members of the refpedive Houfes of the firft Parliament of" 
 Great Britain, for and on the part of England ; then the faid Lords of Parlia- 
 ment of England, and Commons of the prefent Parliament of England, ftiall 
 be the Members of the refpedlive Houfes of the firft Parliament of Great 
 Britain ; and her Majefty may, by her royal proclamation, under the great 
 feal of Great Britain, appoint the faid firft Parliament of Great Britain to meet 
 at fuch time and place as her Majefty ftiall think fit, which time fhall not be 
 lefs than forty-two days after the date of fuch proclamation j and the time and 
 place of the meeting of fuch Parliament being fo appointed, a writ ftiall be im- 
 mediately ifTued under the great feal of Great Britain, diredled to the Privy 
 Council of Scotland, for the fummoning the fixteen Peers, and for eledting 
 
 forty-
 
 192 OF THE LAST TREATY, 
 
 forty-five members, by whom Scotland is to be reprefenced in the Parliament 
 of Great Britain ; and the Lords of Parliament of England, and the fixteen 
 Peers of Scotland, fuch fixteen Peers being fummoned and returned in the 
 manner agreed in this treaty -, and the members of the Houfe of Commons of 
 the faid Parliament of England, and the forty-five members for Scotland, fuch 
 forty-five members being elcfted and returned in the manner agreed in this 
 treaty, fhall afiemble and meet refpeftively in the refpeftive Houfes of the 
 Parliament of Great-Britain, at fuch time and place as fhall be fo appointed 
 by her Majefty, and fhall be the two Houfes of the firft Parliament of Great 
 Britain; and that Parliament may continue for fuch time only as the prefent 
 Parliament of England might have continued, if the Union of the two king- 
 doms had not been made, unlefs fooner diffolved by her Majefty. 
 
 And the Lords Commiffioners for England do likewife propofe. That every 
 one of the faid fixteen Peers of Scotland, and every one of the faid forty- five 
 Members for Scotland fhall, before they fit or vote in the refpeftivc Houfes of 
 Parliament of Great Britain, take the refpeftive oaths, and fubfcribe the Declara- 
 tion in the fame manner as the Lords and Members of both Houfes of Parlia- 
 ment in England are obliged to take and fubfcribe, by virtue of any aft or ads 
 of Parliament now in force in England, upon the penalties therein contained. 
 
 Adjourned to Saturday the 13th inftant, at 1 1 o'clock in the forenoon. 
 
 Saturday the i^th of July-, 1706. 
 
 The Lord Chancellor, in the name of the Lords Commiflioners for Scotland, 
 delivered to the Board the following paper, which was read. 
 
 The Lords CommilTioners for Scotland do agree to the paper delivered by 
 the Lords Commiffioners for England the iith inftant, with this alteration to 
 the firft part of the faid paper, that whereas the faid Commiffioners for England 
 do propofe, that the firft Parliament of Great Britain be appointed to meet at 
 fuch time and place as her Majefty fhall think fit, which time fliall not be lefs 
 than forty-two days after the date of fuch proclamation, as in the faid propo- 
 ial is mentioned ; the Lords Commiffioners for Scotland do propofe, that the 
 time for meeting of the faid Parliament fliall not be Icfs than fifty days after 
 the date of fuch proclamation ; and as to the fecond part of the faid propofal, 
 the Lords Commiffioners for Scotland do agree to the iame in the terms fol- 
 lowing : That every one of the Lords of Parliament of Great-Britain, and 
 every Member of the Houfe of Commons of the Parliament of Great Britain, 
 in the firft and all fucceeding Parliaments of Great-Britain, until the Parlia- 
 ment of Great Britain fliall otherwife direft, fliall, before they fit or vote in the 
 refpedtive Houfes of the Parliament of Great-Britain, take the refpcflive oaths 
 
 appointed
 
 PROPERLY CALLED THE UNION. 193 
 
 appointed to be taken inftead of the oaths of allegiance and fiiprcnucy, by an aft 
 of Parliament made in England, in the firfl: year of the reign of the late King Wil- 
 liam and Queen Mary, intituled. An A51 for the Abrogating of the Oaths of Alle- 
 giance and Supremacy y and appointing other Oaths, and make, fubfcribe, and audi- 
 bly repeat the declaration mentioned in an aft of Parliament made in England 
 in the 30th year of the reign of King Charles the Second, intituled. An Act 
 for the more effeHual preferving the Kings Perfon and Government, by difabling 
 Papijls from fitting in either Hoiife of Parliament ; and fhall take and fubfcribe 
 the oath mentioned in an aft of Parliament made in England, in the firft year 
 of her Majefty's reign; intituled. An Atl to declare the Alterations in the Oath 
 appointed to be taken by the Act, intituled. An A^ for the further Security of 
 His Majefty's Perfon, and the Succeffion of the Crown in the P rot eft ant Line, and 
 for extinguiflnng the hopes of the pretended Prince of JVales, and all other Pre- 
 tenders, and their open andfecret Abettors, and for declaring the Affociation to be 
 determined, upon the penalty and difabilities in the faid refpeftive afts con- 
 tained; and the Lords Commiffioners for Scotland do further propofe, that 
 thefe words, the Crown of this Realm, and the ^een of this Realm, mentioned 
 in the oaths and declaration contained in the aforcfaid afts, which were intended 
 to fignify the crown and realm of England, may be underftood of the crown 
 and realm of Great Britain, united by the afts of the refpeftive Parliaments 
 ratifying this treaty, and that the oaths and declaration be taken and fubfcribed 
 by the members of both Houfes of the Parliament of Great Britain in that fenfe. 
 
 The Lords CommifTioners for England withdrew, and being returned, the 
 Lord Keeper, in their Lordfhips names^ delivered to the Board the foUowino- 
 paper, which was read. 
 
 The Lords CommifTioners for England, having confidered the paper deliver- 
 ed at this meeting by the Lords CommifTioners for Scotland, do agree to the 
 feveral matters therein propofed. 
 
 Adjourned to Tuefday the i6th inftanr, at 11 o'clock, forenoon. 
 
 OBSERVATION XIV. 
 
 The affair of the African Company, and the equivalent, being thus fettled, 
 there was nothing now before them but things of fmall moment, and eafily 
 adjufled, fuch as the quartering of the arms, uniting the crolTes, and fettling 
 the banners, enfigns and trophies of the united kingdoms, regulating weights 
 and meafures, the methods of calling and regulating the Parliament, and die 
 fummoning the Members, and the like; in all which the CommifTioners on 
 both fides had little more to do, than to propofe and agree, fo all things pro- 
 ceeded fmoothly and eafily ; and the articles being finifhed, were with all pof- 
 
 C c fible
 
 194 OF THE LAST TREATY, 
 
 fible fpeed engrofTed, figiied and prefented to the Queen, in manner as per the 
 minute ; the treaty having continued from the i6th of April to the 23d of July 
 inclufive, being fo happily finiflied as gave an univerfal facisfaftion to all the 
 kingdom, and at firft, to all appearance, was received with equal joy in either 
 part of the ifland. 
 
 Tuefday the iGth of July, 1706. 
 
 The drauo-ht of the articles of Union was read by the refpeftive Secretaries, 
 and the Lords Commiffioners of both kingdoms ordered the fame to be en- 
 grofTed againft the next meeting. 
 
 Adjourned to Monday the 116. inftant, at 5 in the evening. 
 
 Monday the zid of July, 1706. 
 
 The Lords Commiffioners for both kingdoms, figned and fealed the inftru- 
 ments or writings, containing the articles of Union, conformable to their refpec- 
 tive Commiffions. 
 
 Ordered, That the refpeftive Secretaries of each Commiffion do fign each 
 other's journals of the proceedings. 
 
 Ordered, That the refpeftive Secretaries, after figning their journals, enter 
 in the journals the articles of the treaty of Union. 
 
 Adjourned to Tuefday the 23d of July, 1706, at 12 o'clock. 
 
 Tuefday the z^d of July, 1706. 
 
 The Lords Commiffioners for both kingdoms went from the Cockpit to at- 
 tend the Queen at St. James's, where the Lord Keeper, in the name of the 
 Lords Commiffioners for England, made the following fpeech, and prefented 
 to her Majefty one of the figned and fealed inftruments or writings con- 
 taining the articles of Union on the part of England. 
 
 " May it pleafe your Majefty, 
 
 " WE the Commiffioners appointed by your Majefty, in purfuance of the 
 «' aft of Parliament paffed in your kingdom of England, to treat concerning an 
 " Union of the two kingdoms, with the Commiffioners for Scotland, do (ac- 
 " cording to our duty) humbly beg leave to prefent to your Majefty thefe the 
 " effedts of our continued and faithful endeavours towards that end. 
 
 " They are the articles agreed upon between your Commiffioners of both 
 " kingdoms, as the terms or conditions upon which the intended Union is to 
 '< take place, if your Majefty and the Parliaments of both kingdoms fliall think 
 " fit to approve and confirm the fame. 
 
 « In
 
 PROPERLY CALLED THE UNION. 195 
 
 " In thefe we have come to an agreement on every point, we judged necefTarv 
 " to cfFeft a compleat and lafting Union, and we have endeavoured not to flir 
 " into any matter we had reafon to think was not fo. 
 
 " And although we have unanimoufly carried this treaty thus far, purely from 
 " a conviftion, that we have done therein to God, yourMajefty, and our country's 
 " good fervice ; yet we are far from thinking that what we have done will, or 
 " ought to be of any weight or authority elfewhere ; but do moft entirely fub- 
 " mit thefe our labours to the high wifdom of your Majeily, and both your Par- 
 " liaments, to ftand or fall by the reafon, juftice, and public utility on which 
 "they are founded. 
 
 " Your Majefly's royal prefence and feafonable admonitions to us at the fitteft 
 " junftures were (we moft thankfully acknowledge) avery great encouragement 
 " and affiftance to us, in the difficulties we met with. 
 
 " Your Majefty's glory is already perfeft, and the finifhing this work is all 
 " that is wanting to compleat as well as fecure the happinefs of fo great a peo- 
 " pie, as your fubjefts may now, without any arrogance pretend to be. 
 
 " May your Majefty live not only to give a fanfbion of this univerfal blefllng 
 " to all your people, but alfo to fee, in a long and profperous reign over us, 
 " the many immediate (or near) good effefts of it; but as for that great and 
 " main confequence of it, for which your Majefty is making, by a moft gracious 
 " and charitable forefight, this only effeftual provifion, I mean the continuance 
 " of peace and tranquillity in this ifland, upon a defcent of the crown, inftead 
 " of that bloodlhed and diftra£lion which would probably follow upon the fatal 
 " divifion of it ; may we be fo happy as never, in our days, to experience the 
 " fitnefs of thefe meafures your Majefty is now taking for that end ! But may late 
 " very late pofterity, only in that refpeft, reap the advantage of them." 
 
 The Lord Chancellor of Scotland, in name of the Lords Commiftioners for 
 Scotland, made the following fpeech, and prefented to her Majefty one of the 
 figned and fcaled inftruments or writings, containing the articles of Union on 
 the part of Scotland. 
 
 " May it pleafe your Majefty, 
 
 "THE Commiftioners appointed by your Majefty for the kingdom of 
 " Scotland, to treat of an Union of your two kingdoms of Scotland and Eng- 
 " land, have commanded me to return your Majefty their moft humble and duti- 
 <' ful acknowledgments, for the honour your Majefty has conferred on them, in 
 " employing them to negociate this moft important affair, which is of the greateft 
 " confequence to all your Majefty's fubjedls. 
 
 " We have endeavoured to difcharge this truft with all fidelity, and are now 
 " come humbly to lay before your Majefty the articles and conditions of Union, 
 
 C c 2 " which
 
 ,96 OFTHELASTTREATY, 
 
 " which we have treated of, and agreed upon, and do fubmit them to your Ma- 
 '' jefty's royal confideration. 
 
 " It is a great fiitisfaftion to us, that what we have concluded in this matter 
 " has been done with unanimity j and we muft own, that the knowledge we had 
 " of your Majefty's great concern for uniting your two kingdoms, and the 
 " earneftnefs with which your Majefty has been moft gracioufly pleafed to re- 
 " commend it, hath enabled us to bring this treaty to a happy and fpeedy con- 
 " clufion, to the mutual fatisfaftion of the CommifTioners on both fides j and 
 " we (hall efteem it our greateft happinefs, if what we have prepared be accept- 
 " able to your Majefty, and ratified by the Parliaments of both kingdoms, 
 ■' without which, what Ave have done can be of no authority. 
 
 " An Union of the two kingdoms has been long wifhed for, it being fo necef- 
 " fary for eftablifliing the lafting peace, happinefs, and profperityof both nations; 
 " and though it has been frequently endeavoured by your Majefty's royal pre- 
 " deceffbrs, without the defined fuccefs, yet the glorious fucceftes, with which 
 " God hasblefled your Majefty's endeavours for the happinefs of your people, 
 " make us hope, that this great work is referved to be accomplilhed in your 
 " Majefty's reign." 
 
 After which. Her Majefty was gracioufly pleafed to make the following fpeech. 
 
 " My Lords, 
 " I give you many thanks for the great pains you have taken in this treaty, 
 <' and am very well pleafed to find your endeavours and applications have brought 
 " it to fo good a conclufion. The particulars of it feem fo reafonable, that I 
 " hope they will meet with approbation in the Parliaments of both kingdoms. 
 " I wifli therefore, that my fervants of Scotland may lofe no time in going down 
 " to propofe it to my fubjedts of that kingdom ; and I fliall always look upon 
 " it as a particular happinefs, if this Union (which will be fo great a fecurity 
 " and advantage to both kingdoms) can be accomplilhed in my reign." 
 
 OBSERVATION XV. 
 
 And thus this mighty affair was brought to a conclufion. 
 
 What difficulties it met with afterwards; — how it became the averfion ofthofe 
 very people, who,' it was generally thought, it had been particularly furnilhed 
 to prcfcTvc ; — what oppofition it met with-; — with what difficulty finilhed, and 
 how hardly fupported, wlicn carried through, efpecially in Scotland, fliall be 
 the fubjefl of the enfuing part of this work. 
 
 As to the ftate of the debts and revenue of cither nation, from whence the fe- 
 veral calculations were made, and the ftate of the equivalent formed, they are 
 printed from the originals, and added in the Appendix to this work. 
 
 T H E
 
 THE 
 
 ARTICLES OF UNION, 
 
 Js they were treated on and agreed to at London, to which the Minutes 
 aforefaid, with the Obfervations, refer. 
 
 Agreed on the Twenty Second Day of July, in the Fifth Tear of the Reign of Her 
 Mofl Excellent Majefty Anne by the Grace of God ^ueen of Scotland, Eng- 
 land, France and Ireland, Defender of the Faith, &c, and in the Year of our 
 Lord One Ihoufand Seven Hundred and Six, hy the Comniffioners nominated 
 en Behalf of the Kingdom of Scotland, bearing Date the Twenty Seventh 
 Day of February laft pafi; in purfuance of the Fourth A£l of the Third 
 Seffion of Her Majefty' s Current Parliament of Scotland, in the Fourth Tear of 
 Her Majejly's Reign -, and the Commiff oners nominated on the Behalf of the 
 Kingdom of England, under her Majefty s Great Seal of England, bearing 
 Date at Weftminfter the Tenth Day of April laft paft ; in purfuance of an 
 ASl of Parliament made in England the Third Tear of Her Majefty s Reign, to 
 Treat of and concerning an Union of the faid Kingdoms : IVhich Articles are 
 in all Humility to be prefented to the ^een's moft Excellent Majefty, and 
 offered to the Conjideration of the RefpeStive Parliaments of both Kingdoms, 
 purfuant to the faid A£ls and Commiffions. 
 
 I. 1 HAT the two Kingdoms of Scotland and England fliali, upon the 
 firlt day of May next enfuing the date hereof, and for ever after, be united into 
 one kingdom by the name of Great Britain ; and that the enfigns armorial of 
 the faid united kingdom be fuch as her Majefty fliall appoint, and the crofles of 
 St. Andrew and St. George be conjoined in fuch manner as her Majefty ftiall 
 think fit, and ufed in all flags, banners, ftandards, and enfigns, both at fea and 
 land. 
 
 II. That the fucceffion to the Monarchy of the united kingdom of Great 
 Britain, and of the dominions thereunto belonging, after her moft facred 
 Majefty, and in default of ifTue of her Majefty, be, remain, and continue to 
 the moft excellent Princefs Sophia, Eleftorefs and Dutchefs Dowager of Ha- 
 nover, and the heirs of her body, being Proteftants, upon whom the Crown 
 of England is fettled by an A61 of Parliament made in England in the twelfth 
 year of the reign of his late Majefty King William the Third, entitled, An 
 
 A£l
 
 19? OF THE LAST TREATY, 
 
 ASf for the further Limitation of the Crown, and better fecuring the Rights and 
 Liberties of the SubjeSl : And that all Papifts, and perfons marrying Papifts, 
 fhall be excluded from, and for ever incapable to inherit, polTefs, or enjoy the 
 imperial Crown of Great Britain, and the dominions thereunto belonging, or 
 any part thereof} and in every fuch cafe, the Cr.ow^.and Qoyernment fhall 
 from time to time defcend to, and ht enjoyed by fucb pexfon bein^ a Proteftant, 
 as fhould have inherited and enjoyed the fame, in cafe fuch Papifts or perfon 
 marrying a Papift, was naturally dead, according to the provifion for the de- 
 fcent of the Crown of England, made by another a6t of Parliament in 
 England, in the firfl: year of the reign of their ,late Majefties King William 
 and Queen Mary, entitled. An A5i declaring the Rights and Liberties of the 
 Subject, and fettling the Succejion of the Crown. 
 
 III. That the united kingdom of Great Britain be reprefented by one and the 
 fame Parliament, to be ftyled the Parliament of Great- Britain. 
 
 ■IV. That all the fubjecls of the united Ivingdom of Great Britain fliall, from 
 ; and after the Union, have full freedom and intercourfe of trade and navigation, 
 to and from any port or place within. the faid united kingdom, and the domi- 
 nions and plantations thereunto belonging ; and that there be a communication 
 of all other rights, privileges and advantages, which do, or may belong to the 
 fubjedts of either kingdom, except where it is otherways exprefsly agreed in 
 thefe articles. 
 
 V. That all Ihips belonging to her Majefty's fubjefts of Scotland, at the 
 time of figning this treaty for the Union of the two kingdoms, though foreign 
 built, fliall be deemed and pafs as fliips of the build of Great Britain, the 
 owner, -or where there are more ov/ners, one or m.ore of the owners, within 
 twelve months after the Union, making oath, that at the time of figning the 
 faid treaty, the fame did belong to him or them, or to fome other fubjeft or 
 fubjefts of Scotland, to be particularly named, with the places of their re- 
 fpeftive abodes, and that the fame doth then belong to him or them, and that no 
 foreigner, direftly or indireftly, hath any fliare, part, or intereft therein : Which 
 oath fhall be made before the chief officer or officers of the Cuftoms in the port 
 next to the abode of the faid owner or owners ; and the faid officer or officers 
 fhall be impowcred to adminifter the faid oath ; and the oath being fo admini- 
 ftered, fliall be ^ttefted by the officer or officers who adminiftercd the fame j and 
 being rcgiftcred by the faid officer or officers, fliall be delivered lo the mafter 
 of the fhip, for fecurity of her navigation, and a duplicate thereof fhall be 
 tranfmitted by the faid officer or officers to the chief officer or officers of the 
 cuftoms in the port of Edinburgh, to be there entered in a regifter, and from 
 thence to be fcnt to the port of London, to be tliere entered in the general 
 regifter of all trading fliips belonging to Great Britain. 
 
 VI. That
 
 PROPERLY CALLED THE UNION. 
 
 199 
 
 VI. That all parts of the united kingdom for ever, from and after the Union, 
 fhall have the fame allowances and encouragements, and be under the fame 
 prohibitions, reflridtions and regulations of trade, and liable to the fame cuftoms 
 and duties on import and export ; and that the allowances, encouragements, 
 prohibitions, refbriftions and regulations of trade, and the cuftoms and duties 
 on import and export fettled in England when the Union commences, fliall, 
 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, liable to the fame excifes upon all excifeable liquors ; and that the 
 excife fettled in England on fuch liquors, when the Union commences, take 
 place throughout the whole united kingdom. 
 
 VIII. That from and after the Union, all foreign fait which fliall be imported 
 into Scotland, fliall be charged at the importation there, with the fame duties 
 as the like fait is now charged with, being imported into England, and to be 
 levied and fecured in the fame manner : But Scotland fliall, for the fpace of 
 feven years from the faid Union, be exempted from the paying in Scotland for 
 fait made there, the duty or excife now payable for fait made in England ; 
 but, from the expiration of the faid feven years, fliall be fubjeft and liable 
 to the fame duties for fait made in Scotland, as fliall be then payable 
 for fait made in England, to be levied and fecured in the fame manner, 
 and with the like draw-backs and allowances as in England. And during 
 the faid feven years, there fliall be paid in England for all fait made in 
 Scotland, and Imported from thence into England, the fiime duties upon 
 the importation, as fliall be payable for fait made in England, to be levied 
 and fecured in the fame manner as the duties on foreign fait are to be 
 levied and fecured in England : and that, during the faid feven years, no fait 
 whatfoever be brought from Scotland to England by land in any manner, un- 
 der the penalty of forfeiting the fait, and the cattle and carriages made ufe of 
 in bringing the fame, and paying twenty fliillings for every bufliel of fuch fait, and 
 proportionably for a greater or leflTer quantity, for which tlie carrier, as well as 
 the owner, fliall be liable jointly and feverally ; and the perfons bringing or 
 carrying the fame, to be imprifoned by anyone juftice of the peace by the 
 fpace of fix months without bail, and until the penalty be paid; and that, 
 during the faid i'even years, all falted flefli or fifli exported from Scotland to 
 England, or made ufe of for vi6tualling of fliips in Scotland, and all flefli 
 put on board in Scotland, to be exported to parts beyond the feas, which fliall 
 be falted with Scots fait, or any mixture therewith, fliall be forfeited and may 
 be feized ; and that from and after the Union, the laws and afts of Parlia- 
 ment in Scotland, for pining, curing and packing of herrings, white fifli and 
 falmoH for exportation, with foreign fait only, and for preventing of frauds in 
 curing andpackingof fifli, be continued in force in Scotland, fubjed to fuch altera- 
 tions
 
 aoo OF THE LAST TREATY, 
 
 tions as fliall be made by the Parliament of Great Britain ; and that all fifli 
 exported from Scotland to parts beyond the feas, which fliall be cured with 
 foreign fait only, fhall have the fame eafes, premiums and draw-backs, as are 
 or fhall be allowed to fuch perfons as export the likefifh from England : and 
 if any matters of fraud relating to the faid duties on fait fliall hereafter appear, 
 which are not fufficiently provided againft by this article, the fame fhall be 
 fubjeft to fuch further provifions as ihall be thought fit by the Parliament of 
 Great Britain. 
 
 IX. That whenever the fum of one million, nine hundred and ninety-feven 
 thoufand, feven hundred and fixty-thrce pounds, eight fhillings and four-pence 
 halfpenny, fliall be enaftcd by the Parliament of Great-Britain, to be raifed in 
 that part of the united kingdom now called England, on land and other things 
 ufually charged in afts of Parliament there, for granting an aid to the Crown 
 by a land-tax ; that part of the united kingdom, now called Scotland, fhall 
 be charged by the fame adt with a furtlier fum of forty-eight thoufand pounds, 
 free of all charges, as the quota of Scotland to fuch tax, and fo proportionably 
 for any greater or leder fum raifed in England by any tax on land, and other 
 things ufually charged together with the land ; and that fuch quota for Scot- 
 land, in the cafes aforefaid, be raifed and collefted in the fame manner as the 
 cefs now is in Scotland, but fubject to fuch regulations in the manner of col- 
 lefting, as fliall be made by the Parliament of Great Britain. 
 
 X. That during the continuance of the refpeflive duties on flamped paper, 
 vellum and parchment, by the fcveral afts now in force in England, Scotland 
 fliall not be charged with the fame refpeflive duties. 
 
 XI. That during the continuance of the duties payable in England on win- 
 dows and lights, which determines on the firft day of AugulT:, one thoufand 
 feven hundred and ten, Scotland fhall not be charged with the fame duties. 
 
 XII. That during the continuance of the duties payable in England on coals, 
 culm and cinders, which determines the thirtieth day of September, one thou- 
 fand feven hundred and ten, Scotland fhall not be charged therewith for coals, 
 culm and cinders confumed there, but fliall be charged with the fame duties as 
 in England for all coal, culm and cinders not confumed in Scotland. 
 
 XIII. That during the continuance of the duty payable in England upon 
 malt, which determines the twenty-fourth day of June, one thoufand feven 
 hundred and feven, Scotland fliall not be charged with that duty, 
 
 XIV. That the kingdom of Scotland be not ciiarged with any other duties laid 
 on by the Parliament of England before the Union, except thofe confented to 
 in this treaty; in regard it is agreed, that all neceflTary provifion fliall be made 
 by the Parliament of Scotland, for the public charge and fervice of that king- 
 dom, for the year one thoufand feven hundred and feven : Providing nevcrthe- 
 
 lefs.
 
 PROPERLY CALLED THE UNION. 201 
 
 Itfs, that, if the Parliament of Enghind Hiall think fie to lay any farther impo- 
 fitions, by way of cuftoms, or fuch cxcifes, with v/hich, by virtue of this 
 treaty, Scotland is to be charged equally with England; in fnch cafe, Scptland 
 fliall be liable to the fame cuftoms and excifcs, and have an equivalent to be 
 fettled by the Parliament of Great Britain. And feeing it cannot be fuppofed 
 that the Parliament of Great Britain will ever lay any forts of burdens upon the 
 united kingdom, but what they fliall find of necefilty, at that time, for the 
 prefervation and good of the whole, and with due regard to the circumllances 
 and abilities of every part of the united kingdom : therefore, it is agreed, that 
 there be no further exemption infifted on for any part of the united kingdom ; 
 but that the confideration of any exemptions, beyond what are already agreed 
 on in this treaty, fliall be left to the determination of the Parliament of Great 
 Britain. 
 
 XV. Whereas, by the terms of this treaty, the fubjefts of Scotland, for 
 preferving an equality of trade throughout the united kingdom, will be liable to 
 ieveral cuftoms and excifes now payable in England, which will be applicable 
 towards payment of the debts of England, contrafted before the Union ; it is 
 agreed that Scotland fliall have an equivalent for what the fubje6ts thereof fliall 
 be fo charged, towards payment of the faid debts of England, in all particu- 
 lars whatfoever, in manner following, viz. That before the union of tlie faid 
 kingdoms, the fum of 398,0851. los. be granted to Her Majefty by the Par- 
 liament of England, for the ufes after-mentioned, being tlie equivalent to be 
 anfwered to Scotland, for fuch parts of the faid cuftoms and excifes upon all 
 excifeable liquors, with which that kingdom is to be charged upon the Union, 
 as will be applicable to the payment of the faid debts of England, according to 
 the proportions which the prefent cuftoms in Scotland, being 30,000!. per 
 annum, do bear to the cuftoms in England computed at 1,341,5591. per annum : 
 and which, the prefent excifes on excifeable liquors in Scotland being 33,500!. 
 per annum, do bear to the excifes on excifeable liquors in England, computed at 
 947,6021. per annum; which fum of 398,085!. los. fliall be due and payable 
 from the time of the Union : and in regard that, after the Union, Scotland 
 becoming liable to the fame cuftoms and duties payable on import and export, 
 and to the fame excifes on all excifeable liquors as in England, as well upon 
 that account, as upon the account of the increafe of trade and people, (v/hich 
 will be the happy conlequencc of the Union) tlie faid revenues will mucii im- 
 prove beyond the before-mentioned annual values thereof, of which no prefent 
 eftimate can be made : yet neverthelefs, for the reafons aforefaid, there ought to 
 be a proportionable equivalent anfwered to Scotland. — It is agreed, that, after the 
 Union, there fliall be an account kept of the faid duties arifing in Scotland, to 
 
 D d the
 
 202 OF THE LAST TREATY, 
 
 the end it may appear what ought to be anfwered to Scotland, as an equivalent 
 for fuch proportion of the faid increafe as ftiall be applicable to the payirent of 
 the debts of England. And for the further and more effeflual anfwering the 
 feveral ends hereafter mentioned, it is agreed, that from and after the Union, 
 the whole increafe of the revenues of cuftoms, and duties on import and export, 
 and excife upon excifeable liquors in Scotland, over and above the annual pro- 
 duce of the faid refpeftive duties, as above ftated, fhall go and be applied, for 
 the term of feven years, to the ufes hereafter mentioned ; and that, upon 
 the faid account, there fhall be anfwered to Scotland annually, from the 
 end of feven years after the Union, an equivalent in proportion to fuch 
 part of the faid increafe as fliall be applicable to the debts of England. And 
 whereas, from the expiration of feven years after the Union, Scotland is to be 
 liable to the fame duties for fait made in Scotland, as fliall then be payable for 
 fait made in England ; it is agreed, that, when fuch duties take place there, an 
 equivalent fhall be anfwered to Scotland, for fuch part thereof as fhall be ap- 
 plied towards payment of the debts of England ; of which duties an account 
 Ihall be kept, to the end it may appear what is to be anfwered to Scotland as the 
 faid equivalent. And generally, that an equivalent fhall be anfwered to Scot- 
 land for fuch parts of the Englifh debts as Scotland may hereafter become liable 
 to pay by reafon of the Union, other than fuch for which appropriations have 
 been made by Parliament in England of the cuftoms, or other duties on export 
 and import, excifes on all excifeable liquors, or fait, in refpeft of which debts 
 equivalents are herein before provided. And as for the ufes to which the faid 
 fum of 398,0851. 10s. to be granted as aforefaid, and all other monies, which are 
 to be anfwered or allowed to Scotland as aforefaid, it is agreed, that, out of 
 the faid fum of 398,0851, los. all the public debts of the kingdom of Scotland, 
 and alfo the capital ftock or fund of the African and Indian Company of Scot- 
 land advanced, together with the intereft for the faid capital ftock, after the rate 
 of 5I. percent, per annum, from the refpeftive times of the payment thereof, ftiall 
 be paid : Upon payment of which capital ftock and intereft, it is agreed, the 
 faid Company be diftblvcd and ceafe ; and alfo, that from the time of pafting 
 the aft of Parliament in England, for raifing the faid fum of 398,0851. 10s. 
 the faid Company fliall neither trade, nor grant licence to trade. And as to the 
 overplus of the faid fum of 398,0851. los. after the payment of the faid debts 
 bf the kingdom of Scotland, and the faid capital ftock and intereft, and alfo 
 the whole increafe of the faid revenues of cuftoms, duties and excifes, above the 
 prefent value, which ftiull arife in Scotland during the faid term of feven years, 
 together with the equivalent which fliall become due upon account of the im- 
 provement thereof in Scotland after the faid term; and alfo, as to all other 
 fums, which, according to the agreements aforefaid, may become payable to 
 Scotland by way of equivalent for what that kingdom ft\all hereafter become 
 
 liable
 
 PROPERLY CALLED THE UNION 
 
 20J 
 
 liable towards payment of the debts of England, it is agreed, that the fame 
 be applied in the manner following, viz. That out of the fame, what conft- 
 deration fhall be found neceflltry to be had for any lofles which private per- 
 fons may fuftain, by reducing the coin of Scotland to the ftandard and value 
 of the coin of England, may be made good ; and afterwards the fame fhall be 
 wholly applied towards encouraging and promoting the fifheries, and fuch 
 other manufaftories and improvements in Scotland as may moft conduce to 
 the general good of the united kingdom. And it is agreed, that her 
 Majefty be impowered to appoint CommifTioners, who fliall be accountable to 
 the Parliament of Great Britain, for difpofing the faid fum of 398,0851. 10s. 
 and all other monies which fliall arife to Scotland upon the agreements aforefaid, 
 to the purpofes before mentioned : Which Commiflioners fhall be impowered 
 to call for, receive, and difpofe of the faid monies in the manner aforefaid, and 
 to infpeft the books of the feveral colleftors of the faid revenues, and of all other 
 duties, from whence an equivalent may arife j and that the colleftors and 
 managers of the faid revenues and duties be obliged to give to the faid Com- 
 mifTioners fubfcribed audientic abbreviates of the produce of fuch revenues and 
 duties arifing in their refpe£tive diftrifts ; and that the faid CommifTioners fhall 
 have their ofBce within the limits of Scotland, and fhall, in fuch ofhce, keep 
 books containing accounts of the amount of the equivalents, and how the fame 
 fhall have been difpofed of from time to time, which may be infpeded by any 
 of the fubjefts who (hall defire the fame. 
 
 XVI. That, from and after the Union, the coin fhall be of the fame flandard 
 and value throughout the united kingdom, as now in England, and a mint 
 fhall be continued in Scotland under the fame rules as the mint in England, 
 fubjedl to fuch regulations as her Majefly, her heirs, or fuccefTors, or the 
 Parliament of Great Britain fhall think fit. 
 
 XVII. That, from and after the Union, the fanie weights and meafures fhall 
 be ufed throughout the united kingdom as are now eflablifhed in England; and 
 ftandards of weights and meafures fhall be kept by thofe boroughs in Scotland, 
 to whom the keeping the ftandards of weights and meafures, now in ufe there, 
 does of fpecial right belong: All which ftandards fhall be fent down to fuch 
 refpedtive boroughs from tlie ftandards kept in the Exchequer at Weftminfter, 
 fiibjeft neverthelefs to fuch regulations as the Parliament of Great Britain fhall 
 think fit. 
 
 XVIII. That the laws concerning regulation of trade, cuftoms, and fuchex- 
 cifes to which Scotland is by virtue of this treaty to be liable, be the fame in 
 Scotland, from and after the Union, as in England ; and that all other laws 
 in ufe within the kingdom of Scotland, do after die Union, and notwithftanding 
 
 D d 2 thereof^
 
 i04 O ¥ T H E LAS T r R E A T Y, 
 
 thereot,, remain in the fame force as before, (except fuch as are contrary to, or 
 inconfiftent witli the terms of this treaty) but alterable by the Parliament of 
 Great Britain ; with tliis difference betwixt the laws concerning public right, 
 policy, and civil government, and thofe which concern private right, that the 
 laws which concern public right, policy, and civil government, may be made 
 the fame throughout the whole united kingdom ; but that no alteration be made 
 In laws which concern private right, except for evident utility of the fubjefts 
 within Scotland. 
 
 XIX. That the Court of SefTion, or College of Juftice, do after t!ie Union, 
 and notwithftanding thereof, remain in all time coming within Scotland as it is 
 now conftituted by the laws of that kingdom, and with the fame authority and 
 privileges as before the Union ; fubjeft neverthelefs to fuch regulations for the 
 better adminiftration of juftice, as fhall be made by the Parliament of Great 
 Britain; and that the Court of Jufticiary do alfo, after the Union, and not- 
 withftanding thereof, remain in all time coming within Scotland, as it is now 
 conftituted by the laws of that kingdom, and with the fame authority and pri- 
 vileges as before the Union, fubjed neverthelefs to fuch regulations as fhall be 
 made by the Parliament of Great Britain, and without prejudice of other 
 rights of jufticiary ; and that all Admiralty jurifdi£tions be under the Lord 
 High Admiral, or Commifiioners for the Admiralty of Great Britain for the 
 time being; and that the Court of Admiralty now eftabliftied in Scotland be 
 continued, and that all reviews, redu6tions, or fufpenfions, of the fentences in 
 maritime cafes, competent to the jurifdiftion of that Court, remain in the fame 
 manner after the Union, as now in Scotland, until the Parliament of Great 
 Britain fhall make fuch regulations and alterations as fhall be judged expedient 
 for the whole united kingdom, fo as there be always continued in Scotland a 
 Coui t of Admiralty, fuch as is in England, for determination of all maritime 
 cafes relating to private rights in Scotland, competent to the jurifdiftion of the 
 Admiralty Court ; fubjedt neverthelefs to fuch regulations and alterations as 
 lliall 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 
 refervcd to the refpeftive proprietors as rights of property, fubjeft neverthelefs, 
 as to the manner of exercifing fuch heretable rights, to fuch regulations and al- 
 terations as ftiall 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 fubjeiSt to alterations by the Parliament of Great Britain ; 
 and that all inferior courts within the faid limits do remain fubordinate, as they 
 are now, to the fupreme courts of juftice within the fame, in all time coming; 
 and that no caufes in Scotland be cognizable by the Courts of Chancery, 
 Queen's-Bench, Common-Pleas, or any other Court in Weltminftcr-hall ; and 
 that the faid Courts, or any other of the like nature, after the Union, fhall have 
 
 no
 
 PROPERI-Y CALLF.D THE UNION. 
 
 '-OS 
 
 no power to cognize, revifw, or .iltcr the a6tj or fentences of the jadicaturcs 
 within Scotland, or flop the execution uf the I'amei and that there be a Court 
 of Exchequer in Scotland, after the Union, for deciding qucftions concerning 
 the revenues of cuftoms and excifcs there, having the faoie power and authority, 
 in fuch cafes, as the Court of Exchequer has in England ; and that the faid 
 Court of Exchequer in Scotland have power of paffing fignatures, gifts, tutories, 
 and in other things, as the Court of Exchequer at prefent in Scotland hatli ; 
 and that the Court of Exchequer that now is in Scotland do remain, until a 
 new Court of Exchequer be fettled by the Parliament of Great Britain in Scot- 
 land, after the Union j and that, after the Union, the Queen's Majefty, and 
 her royal fucceflbrs, may continue a Privy Council in Scotland, for preferving 
 of public peace and order, until the Parliament of Great Britain fhal! thin]< fit 
 to alter it, or cftablifli any other effeftual metiiod for that end. 
 
 XX. That all heretable offices, hcretable jurifdiftions, offices for life, and 
 jurifdiftions for life, be referved to the owners thereof, as rights of property, in 
 the fame manner as they are now enjoyed by the laws of Scotland, notwith- 
 ftanding of this treaty. 
 
 XXL That the rights and privileges of the royal-boroughs in Scotland, as 
 they now are, do remain intire, after the Union, and notwithilanding thereof. 
 
 XXn. That by virtue of this treaty, of the Peers of Scotland, at the 
 time of the Union, fixteen (hall be the number to fit and vote in the Houfe of 
 Lords, and forty-five the number of the reprefentatives of Scotland in the Houfe 
 of Commons of the Parliament of Great Britain ; and that when her Majefty, 
 her heirs or fucceflbrs, (hall declare her or their pleafure, for holding the firft or 
 any fubfequent Parliament of Great Britain, until the Parliament of Great 
 Britain fhall make further provifion therein, a writ do ifljje under the great feal 
 of the united kingdom, direfted to the Privy Council of Scotland, commanding 
 them to caufii fixteen Peers, who are to fit in the Houfe of Lords, to be fum- 
 moned to Parliament, and forty-five Members to be elefted to fit in the Houfe 
 of Commons of the Parliament of Great Britain, according to the agreement 
 in this treaty, in fuch manner as by the Parliament of Scotland Ihall be fettled 
 before the Union : And that the names of the perfons fo fummoned and eledled 
 Ihall be returned by the Privy Council of Scotland, into the court from whence 
 the faid writ did iflAie. And that, if her Majefty, on or before the firft day of May 
 next, on which day the Union is to take place, fhall declare, under the great 
 feal of England, that it is expedient, that the Lords of Parliament of England, 
 and Commons of the prefent Parliament of England, fliould be the Members 
 of the refpefbive Houfes of the firft Parliament of Great Britain, for, and on 
 the part of England, then the faid Lords of Parliament of England, and Com- 
 mons of the prefent Parliament of England, fiiall be the Members of the re- 
 
 fpedtive
 
 ao6 OF THE LAST TREAT Y, 
 
 fpedtive Houfes of the firft Parliament of Great Britain, for, and on tlie part 
 of England 1 And her Majefty may,, by her royal proclamation, under the 
 great feal of Great Britain, appoint the faid firft Parliament of Great Britain to 
 meet at fuch time and place as her Majefty fhail think fit ; which time Ihall 
 not be lefs than fifty days after the date of fuch proclamation j and the time and 
 place of the meeting of fuch Parliament being fo appointed, a writ fhall be 
 immediately ifiiied, under the great feal of Great Britain, directed to the Privy 
 Council of Scotland, for the fummoning the fixteen Peers, and for eleding 
 forty-five Members, by whom Scotland is to be reprefented in the Parliament 
 of Great Britain : And the Lords of Parliament of England, and the fixteen 
 Peers of Scotland, fuch fixteen Peers being fijmmoned and returned in the 
 manner agreed in this treaty ; and the Members of the Houfe of Commons of 
 the faid Parliament of England, and the forty-five Members for Scotland, fuch 
 forty-five Members being elefted and returned in the manner agreed in this 
 treaty, Ihall afiemble and meet refpeftively, in their refpeftive Houfes of the 
 Parliament of Great Britain, at fuch time and place as Ihall be fo appointed by 
 her Majefty, and fliall be the two Houfes of the firft Parliament of Great Bri- 
 tain ; and that Parliament may continue for fuch time only as the prefcnt Par- 
 liament of England might have continued, if the Union of the two kingdoms 
 had not been made, unlefs fooner diflblved by her Majefty; and that everyone 
 of the Lords of Parliament of Great Britain, and every Member of the Houfe 
 of Commons of the Parliament of Great Britain, in the firft and all fucceed- 
 ing Parliaments of Great Britain, until the Parliament of Great Britain lliall 
 otherwife diredl, ftiall take the refpeftive oaths appointed to be taken inftead of 
 the Oaths of Allegiance and Suprem.acy, by an aft of Parliament made in Eng- 
 land, in the firft year of the reign of the late King William and Queen Mary, 
 intitled, Jn a^ for the abrogating of the Oaths of Supremacy and Allegiance, and 
 appointing other oaths ; and make, fubfcribe, and audibly repeat the Declaration 
 mentioned in an aft of Parliament made in England, in the thirtieth year of 
 the reign of King Charles the Second, intitled, Jn Ail for the more effe^ual 
 preferving the King's Perfon and Government, by difabling Papijis from fitting in 
 either Houfe of Parliament ; and fliall take and fubfcribe the oadi mentioned in 
 an aft of Parliament made in England, in the firft year of her Majcfty's reign, 
 entitled, y/« a5l to declare the alterations in the Oath appointed to be taken by the aSl, 
 intitled. An aStfor the further fecurity of His Majefy's Perfon, andthefuccefiion of 
 the crown in the Proteflant line, and for extinguijhing the hopes of the pretended 
 Prince of fVales, and all other pretenders, and their open andfecret abettors ; and 
 for declaring the Aflbciation to be determined at fuch time, and in fuch man- 
 ner, as the Members of both Houfes of Parliament of England are, by 
 the faid refpeftive afts, dircfted to take, make, and fubfcribe the fame, upon 
 the penalties and difabilities in the faid refpeftive afts contained. And it is 
 
 declared
 
 PROPERLY CALLED THE UNION. 207 
 
 declared and agreed, that thefe words, this realm, the crown of this realm, and 
 the ^{een of this realm, mentioned in the Oaths and Declaration, contained 
 in the aforcfaid afts, which were intended to fi^rnify the Crown and Realm of 
 England, Ihall be underflood of the Crown and Realm of Great Britain ; and 
 that, in that fenfe, the faid Oaths and Declaration be taken and fubfcribed by 
 the Members of both Houfes of the Parliament of Great Britain. 
 
 XXIII. That the aforefaid fixteen Peers of Scotland, mentioned in the laft 
 preceding article, to fit in the Houfe of Lords of the Parliament of Great-Britain, 
 fhall have all privileges of Parliament, which the Peers of England now have, 
 and which they, or any Peers of Great Britain, fhall have after the Union, and 
 particularly the right of fitting upon the trials of Peers : and in cafe of the 
 trial of any Peer, in time of adjournment or prorogation of Parliament, the 
 faid fixteen Peers fhall be fummoned in the fame manner, and have the fame 
 powers and privileges at fuch trial, as any other Peers of Great Britain ; and 
 that in cafe any trials of Peers fhall hereafter happen, when there is no Parlia- 
 ment in being, the fixteen Peers of Scotland, who fat in the laft preceding 
 Parliament, fhall be fummoned in the fame manner, and have the fame powers 
 and privileges at fuch trials, as any other Peers of Great Britain j and that all 
 Peers of Scotland, and their fucceffors to their honours and dignities, fhall, 
 from and after the Union, be Peers of Great Britain, and have rank and prece- 
 dency next and immediately after the Peers of the like orders and degrees in 
 England, at the time of the Union, and before all Peers of Great Britain, of 
 the like orders and degrees, who may be created after the Union ; and fhall be 
 tried as Peers of Great Britain, and fhall enjoy all privileges of Peers, as fully 
 as Peers of England do now, or as they or any other Peers of Great Britain 
 may hereafter enjoy the fame, except the right and privilege of fitting in the 
 Houfe of Lords, and the privileges depending thereon, and particularly the 
 right of fitting upon the trials of Peers. 
 
 XXIV. That from and after the Union, there be one great feal for the united 
 kingdom of Great Britain, which fhall be different from the great feal now ufed 
 In either kingdom ; and that the quartering the arms as may beft fuit the 
 Union, be left to her Majefly ; and that in the mean time the great feal of 
 England be ufed as the great leal of the united kingdom; and that the great 
 feal of the united kingdom be ufed for fealing writs to ele6l and fummon the 
 Parliament of Great Britain, and for fealing all treaties with foreign Princes and 
 Hates, and all public a<3:s, inftruments and orders of flate, which concern the 
 whole united kingdom, and in all other matters relating to England, as the 
 great feal of England is now ufed : and that a feal in Scotland, after the Union, 
 be always kept and made ufe of in all things relating to private rights or grants, 
 which have ufually pafled the great feal of Scotland, and which only concern 
 o.ffices, grants, commilTions and private rights within that kingdom ; and that 
 until fuch feal fhall be appointed by her Majefty, the prefent great feal of 
 
 1 Scotland
 
 ao8 
 
 OF THE LAST TREATY, 
 
 Scotland fhall be ufed for fuch purpofes ; and that the privy feal, ligner, cafTct, 
 fignet of the Judiciary Court, quarter feal, and feals of courts now ufed in 
 Scotland be continued ; but that the faid feals be altered and adapted to the 
 Hate of the Union, as her Majefty fhall think fit ; and the faid feals, and all of 
 them, and the keepers of them, fliall be fubjeft to fuch regulations as the Par- 
 liament of Great Britain fhall hereafter make. 
 
 XXV. That all laws and ftatutes in either kingdom, fo far as they are contrary 
 to, or inconfiflent with- the terms of thefe articles, or any of them, fhall, from 
 and after the Union, ceafe and become void, and fliall be fo declared to be by 
 the refpeftive Parliaments of the faid kingdoms. 
 
 In teftimony whereof, the CommifTioners for the refpeftive kingdoms, em- 
 powered as aforefaid, have fet their hands and feals to thefe articles, contained 
 in this and the twenty-five foregoing pages, at Weftminfter the day and year 
 firft above written. 
 
 Seafield, Cancellar, 
 Queenfberry, C. P. S. 
 Mar, S. 
 Loudoun, S. 
 Sutherland, 
 Morton, 
 Wemyfs, 
 Leven, 
 Stair, 
 Rofeberie. 
 Glafgow, 
 Arch. Campbell, 
 Dupplin, 
 Rofle. 
 
 Hew Dalrymple, 
 Ad. Cokburne, 
 F. Montgomerie, 
 David Dalrymple, 
 Pattr, Johnfton, 
 Ja. Smollett, 
 W. Morifon, 
 Alexander Grantt. 
 .W. Seton, 
 John Clerk, 
 Dan. Steuart, 
 Daniel Campbell. 
 
 Tho. Cantuar, 
 
 Wm. Couper, C. S. 
 
 Godolphin, 
 
 Pembroke, P. 
 
 Newcaftle, C. P. S. 
 
 Devonfliire, 
 
 Somerfet, 
 
 Bolton, 
 
 Kingflion, 
 
 Sunderland, 
 
 Orford, 
 
 Townfliend, 
 
 Twharton, 
 
 Poulett, 
 
 Somers, 
 
 J. Smith, 
 
 Hartington, 
 
 Granby, 
 
 C. Hedges. 
 
 Ro. Harlcy, ' 
 
 H. Boyle, 
 
 J. Holt, 
 
 Tho. Trevor, 
 
 Edw. Northey, 
 
 Sim. Harcourt. 
 
 J. Cooke, 
 
 Stephen Waller. 
 
 OP
 
 OF THE CARRYING ON OF THE 
 
 T RE A T Y 
 
 I N 
 
 S C O T L A N D. 
 
 N D thus the treaty at London ended, which, tliough it feemed very 
 perfeft in all its parts, and, as abundance of people thought, could not want 
 any corredions, yet, as by the fequel appeared, the moft difficult work was 
 yet to do. 
 
 I know fome were of the opinion, that this treaty could admit of no addi- 
 tions, amendments, or alterations, and that the words in the refpeftive afts of 
 Parliament previous to it, (which faid, provided that nothing in this treaty 
 (hould be binding to either nation, unlefs it fhall be ratified in the refpeftive 
 Parliaments of both kingdoms) implied that the refpeftive Parliaments had 
 no power to enter into the articles feparately and apart, but only debating on 
 the whole, to approve or difapprove, ratify or rejeft it as a treaty. 
 
 I fhall not trouble the reader with any of the reafons given for this notion, 
 nor make any other remark upon it than this, — that the people who were for 
 this opinion, were of two forts, and both fuch as the nations, on either fide, were 
 very little beholding to. 
 
 I. They were fuch, who having no great concern for the eflential part of the 
 treaty, viz. the good of their country, were for taking all upon triift, and 
 concerned not themfelves either with the event, or with thef circumftances, and 
 therefore without any difficulty were willing to put all upon a mere plurality of 
 voices, not much regarding whether it went this way or that. I fhall be kinder 
 to thefe gentleman than to record their names, or leave them (fo eminent in 
 folly) to be known by poflerity, left their children fhould be told hereafter 
 how little their country was obliged to them. 
 
 ■2. The other fort, whofe follies ought equally to be concealed, I mean as to 
 naming them, were fuch who were willing to have them put to the queftion 
 in grofs ; prefuming, 
 
 1. That either their being fo voted, would hand them down clogged with (6 
 many inconveniences as would in time force the nations to break the articles, 
 or bringing them to the neceffity of falling to pieces, the treaty fhould diffolve 
 of courfe. Or, 
 
 2. That being voted in general, with fo many apparent difficulties as they 
 pretended to fee in them, they would infallibly be loft in this Parliament, and 
 lb, as formerly, the whole treaty come to nothing. 
 
 E e That
 
 4IO THE HISTORY OF THE UNiaN • 
 
 That thefe people aimed not at fliortening the labour, but at cutting off" the 
 Union itfelf, is manifeft, and it was but too apparent afterwards ; fince, gene- 
 rally fpsakiflg, they were all againft the treaty in its future debates, and that in 
 every article; by which they plaihly made il' appear, that they did not argue fo 
 much to re6lify and amend as to deftroy ; not fo much to make the articles 
 more perfeft, or more explicit, more advantageous, or more fatisfying ; but to 
 annihilate them as articles, and diflblve the very life'a)id being of the treaty: 
 And this appeared in that through all the debates that happened afterwards, they 
 fhewed themfclves equally againft every article, and at the fame time that they 
 objeiSted againft things, very feldom concerned themfelves to propofe the 
 ajternatives, but rather pu fhed at overthrowing the fubftance of the thing; and, 
 if poffible, to urge the moll neceffary articles as impradicable and inconfiftent. 
 
 As on the one hand, this difcovered the defign of the perfons to be not 
 amending, but deftroying the articles ; fo it manifeftly expofed their ignorance, 
 either of their own ftrength in Scotland, or qf the ftrength of their friends in 
 the South, in both which parts (had their weak politics prevailed to have put 
 the treaty in geijeral to a vote) they would have loft it by a majority of voices, 
 the generality of both nations being fully convinced of the abfolute necefllty 
 of an Union, and would rather have voted it without the amendments than have 
 loft it. 
 
 If I am afked how I prove this, I think I have a very good foundation 
 for it. 
 
 I. In the motions firft made in the Parliament ploufe in Scotland, Novem- 
 ber I, 1706, when the ftrength of the Houfe, as they call it, was effeftually tried. 
 
 1. It was moved that the Parliam.ent now proceed to the farther and more 
 particular confideratibn of the articles of the Union, in order to approve them 
 or not. 
 
 N. B. The articles had been read and difcourfed on feverally in the Houfe, 
 and had taken up fixteen days barely reading them one by one, to hear what 
 one another could' fay,' and to give the Membej-s light into the particulars, viz. 
 from the 15th of Oftober to the ift of November. 
 
 2. Upon this firft motion another followed, viz. That the farther confi- 
 deration of the Union be yet delayed for fome confiderable time, that the 
 fentiments of the Parliament of England thereanent be known, and that the 
 Members of Parliament may confult thofe they reprefent. — Vide the Minutes 
 of Parliament, Number 13. But neither of thefe attempts could be carried in 
 the Houfe, nor could they bring the motion to a vote in the terms the propofal 
 was made, viz. Of confulting Conftituents, or waiting till the Englifli Par- 
 liament ftiould fit : — To both which I fiiall fpeak in their turn. I only mention 
 it here to fhow that it was apparent thefe motions proceeded only from a defire 
 
 4 to
 
 OF ENGLAND AND SCOTLAND. 2if 
 
 to gain time, which they thought might furnifh a variety of accidents to difap- 
 point the whole. And the many weak attempts and low fleps fome gentlemen 
 took, if pofTible to delay the proceedings, plainly fhewed the very jundture of 
 time when this was doing, was one of the greatefl unhappineffes, as they thought 
 it, which befel the party. 
 
 2. But I prove this further by the unanimity of the Englifli Parliament in 
 pairing the treaty, and ratifying, without any amendment, what they thought 
 they had clogged with fo many inequalities on the other fide, that it could ne- 
 ver go down with them. 
 
 I Ihall further convince the reader of the manifefl defign of the party againft 
 the Union, as fuch, from their frequent attempts to clog the articles with fuch 
 things as they knew it was impoflible the Parliament of England could grantj 
 as a liberty to export wool, &c. different drawbacks, and different prohibi- 
 bitions in trade, differing and difproportioned excifes, cuftoms and taxes, &c. 
 of which I fhall take the freedom to fpeak in their turn. 
 
 But being difappointed in thefe, they found the Parliament of England fo 
 unanimous, that they paffed all their amendments, fome of which were fuch as 
 the party having merely clamoured the Houfe into, were really paft, not fo 
 much for any refpe6t to their true fignification, as for the fake of giving fome 
 fatisfadtion to uneafy people. 
 
 How much more then the Parliament of England would have paffed the 
 whole treaty unaltered, is very evident, and confequently it is as plain that 
 thefe people had taken no aim in their offering to vote the articles in the grofs, 
 upon a prefumption that it would be a mean to make the whole mifcarry. 
 
 The treaty being concluded in England, and the Commiffioners feparated; 
 the next thing was the meeting of the refpeftive Parliaments of the two king- 
 doms for ratification of the articles. 
 
 The Parliament of Scotland was firft, being to meet the third of Odober, 
 1706. The Queen was reprefented in this Parliament by the Duke of Queenf- 
 berry, I know it is not the part of a hiflorian to make panegyrics, and I think 
 I have given demonftrations to the world, as to myfelf, that I will flatter no 
 man. But I cannot but give this teftimony here, that the prudence, calmnefs, 
 temper and moderation of this noble perfon, had thefe two vifible effefts. 
 
 I . It gave a wonderful teftimony to the Queen's judgment, and the right 
 notions fhe had entertained of the true ftate, not of her affairs only, but of her 
 people, that her Majefty knew this work muft be carried on, not by too much 
 fire or too much water; neither by want of zeal or too much zeal; that there 
 was an infolent party to deal with, who muil be borne with, not exafperated ; 
 calmed, not enraged. That there would be as much difficulty required to deal 
 
 E e 2 with
 
 412 THE HISTORY OF THE UNION 
 
 with friends as with enemies, to reconcile jarring interefts, clafliing parties, and 
 keep all in temper. There was a ftrong party for the Union, but they were 
 made up of feveral parties, juft come together as for the pccafion ; they were like 
 Epicurus's atoms, by a ftrange fortuitous chance of concurring circumftances, 
 brought to join in this, who were perfe6t antipodes in all their former mea- 
 fures, and could never agree to aft together before.. It ^yas not a matter of 
 the leall confequence to bring together and keep together ftrong and differing 
 parties, who afted even in this very thing, from different views, and fome with 
 direftly contrary defigns, and it was all the way as fatiguing to keep fome 
 gentlemen in fuited temper for this great work, as to oppofe the fire and fury 
 ofthofethat fet themfelves againft it. Under the folid conlideration of all 
 this, and with a full view of the difficulties, at leaft in general, her Majefty 
 pitches upon the Duke of Queenft)erry, as a perfon of temper, prudence and 
 moderation, unexceptionable in knowledge of what was before him, refolute in 
 purfuing it through all difficulties, and of a calm courage in all the paflive 
 part of it, of which I {hall fpeak more at large hereafter. 
 
 1. It had this particular advantage, that it was in a great meafure the only 
 thing that carried this difficult work on, that the Duke, in all the heats and 
 animofities of the party, in all the convulfions of the kingdom, carried on the 
 treaty with eafinefs, temper and extraordinary conduct, not taking advantages 
 of the rafhnefs and rudenefs of the people, pitying rather than apprehending 
 danger from their folly, he kept his hand upon the work, his eye upon the 
 principals of the oppofite party ; he difappointed all their meafures ; he let 
 himfelf into the darkeft of tlieir counfels ; he purfued the main and great work 
 in hand ; and with a contempt above my power to exprefs, received all their 
 infuks, laughed at their threatenings, treated them courtcoufly and calmly under 
 the moft intolerable carriage, and this, under the fupreme condudt, was the 
 only ftep by which this great work could have been brought to pafs. 
 
 Had warmer heads been liftened to, had refentment been prevailing, had 
 provocations, almoft beyond the power of fiefh and blood to bear, been prevail- 
 ing ; and I muft own, who was an eye witnefs to it all, that I often wondered 
 how it was poffible to bear fuch things ; I lay, had the gentlemen of warmer 
 heads been liftened to, nay even with ftrong reafonings, and from men of found 
 judgments too 5 — all had been undone, and the nation had been in a flame; 
 we had been dcftroyed, not delivered ; tlie Government had been diftblved, 
 not united ; and Britain had by this time been the feat of blood, not an united 
 and profnering nation. 
 
 But this by the way : The Parliament being to meet, her Majefty's High 
 Commiffioner haftencd down to Scotland, and the Queen on all occafions ex- 
 prcfTing her hopes that this treaty would come to a happy iffue. It was gene- 
 rally
 
 OF ENGLAND AND SCOTLAND. 213 
 
 rally expedled it would be received with the fame chearfulnefs and alacrity in 
 Scotland, and all our eyes were bent upon the meeting of the approaching 
 Parliament. 
 
 In this general expe<5lation, I cannot forbear hinting here, that my curiofity 
 prefled me to take a journey thither, and being by all my friends, to whom I 
 communicated my defign, encouraged to think I might be ufeful there to prompt 
 a work that I was fully convinced was for the general good of the whole ifland ; 
 and particularly necefliiry for the ftrengthening the proteftant intereft, I was 
 moved purely on thefe accounts to undertake a long winter, a chargeable, and 
 as it proved, a hazardous journey. 
 
 I contemn, as rjot worth mentioning, the fuggeftions of fome people, of my 
 being employed thither, to carry on the intereft of a party. — I have never loved 
 any parties, but with my utmoft zeal have fincerely efpoufed the great and ori- 
 ginal intereft of this nation, and of all nations, I mean truth and liberty, — and 
 whoever are of that party, I defire to be with them. 
 
 However, by this journey, I had the opportunity of feeing and hearing all 
 the particulars of the following tranfa6lions, and of ufing my beft endeavours to 
 anfwer the many, many, and I muft fay of fome of them, the moft frivolous 
 and ridiculous objedions, formed and improved there with great induftry, againft 
 every article of the Union j and this is my reafon for mentioning it here, that I 
 may acquaint pofterity how I came to the knowledge of what I write j and for 
 no oftentation at all : and as I had the honour to be frequently fent for into 
 the feveral Committees of Parliament, which were appointed to ftate fome dif- 
 ficult points relating to equalities, taxes, prohibitions, &c. 'Tis for thofe 
 gentlemen to fay, whether I was ufeful or not, that is none of my bufinefs here ; 
 but by this means I have the greater afTurance to relate the circumftances and 
 faft as it flood before them, and cannot be afraid of being detefted in any 
 material miftake. 
 
 And as this is the reafon of my making any mention of myfelf, fo the reader 
 cannot but be content to know, from what foundation this relation is handed 
 down to pofterity, and v/hat afiurance he has that the author he reads was 
 capable of giving him a right ftate of the matter. 
 
 I have hinted already with what freedom the fcribblers of the age, if I may 
 give them that title, took upon them, in the beginning of this affair, to deter- 
 mine what fort of Union was proper to be treated of, and every one having 
 vented his politics this way, and that way, as his intereft or party, or parti- 
 cular employer diftated, we thought that ftorm had been over; when the Par- 
 liament firft fat down in Scotland, the generality of people feemed verv eafy 
 and forward for an Union in general, as what had long indeed been the defire 
 of the whole nation ; and therefore the ftrange alienation of the humours of the 
 
 people
 
 214 THE HISTORY OF THE UNION 
 
 people, on the general part of it, was the more wonderful, and the more un- 
 expefted j of which, and its caufes, I am now to fpeak ; of the efFeds I Ihall 
 be more particular hereafter. 
 
 On the third ofOftober the Parliament met; his Grace Her Majefty's High 
 Commiflioner opened the feffion according to the ufual forms. 
 
 Firft Her Majefty's letter to the Parliament was prefented to the Houfe by 
 the High Commiflioner, and being received, was read by the Lord Clerk 
 Regifter, and is as follows : 
 
 "Anne, R. 
 
 " My Lords and Gentlemen, 
 
 " SINCE your laft meeting, we did nominate Commiflloners to treat of an 
 " Union betwixt our two kingdoms of Scotland and England, and by their great 
 " care and diligence, a treaty is happily concluded and laid before Us. 
 
 " We have called you together as foon as our affairs could permit, that the 
 " treaty may be under your confideration, in purfuance of the a6t made in the 
 " laft feflion of our Parliament there ; and we hope the terms will be accept- 
 " able to you. 
 
 " The Union has been long defired by both nations, and we fhall efteem it 
 " as the greatcft glory of our reign to have it now perfedled, being fully per- 
 *' fuaded, that it muft prove the greateft happinefs of our people. 
 
 " An intire and perfeft Union will be the folid foundation of lafting peace ; it 
 " will fecure your religion, liberty and property, remove the animofities 
 " amongft yourfelves, and thejealoufies and differences betwixt our two king- 
 *' doms : it muft increafe your ftrength, riches and trade, and by this Union 
 " the whole ifland being joined in affeftion, and free from all apprehenfion of 
 " different interefts, will be enabled to refift all its enemies, fupport the pro- 
 " teftant intereft every where, and maintain the liberties of Europe. 
 
 " We do upon this occafion renew the affurances we have formerly given you, 
 " of our refolution to maintain the government of the Church, as by law efta- 
 " blifhed in Scotland ; and the adts of both Parliaments, upon which this treaty 
 " proceeded, having referved their refpeftive governments of the Church in 
 "each kingdom, the Commiflioners have left that matter intire; and you 
 " have now an opportunity for doing what may be neceffary for fecurity of your 
 " prefent Church government after the Union within the limits of Scotland. 
 
 " The fupport of our government, and your own fafety does require, that 
 '• you do make neceffary provifion for maintaining the forces, fliips .and garri- 
 " fons, until the Parliament of Great Britain lliall provide for thefe ends in 
 " the unittd kingdom. 
 
 " We have made choice of our right trufty, and riglit entirely beloved Cou- 
 " fin and Counfellor, James Duke of Queenfberry, to be our Commiffioncr, 
 
 " and
 
 OF ENGLAND AND SCOTLAND. 215 
 
 " and reprefent our Royal Perfon, being well fatisfied with his fitnefs for that 
 
 " truft, from the experience we have of his capacity, zeal and fidelity to our 
 
 " fervice, and the good of his country ; which, as it has determined us in the 
 
 *' choice, we doubt not but will make him acceptable to you. 
 
 " We have fully inftrufted him in all things we think may fall under your 
 
 " confideration, and feems to be neceffary at prefent : therefore we defire that 
 
 " you may give entire truft and credit to him, 
 
 " My Lords and Gentlemen, 
 " It cannot but be an encouragement to you to finifh the Union at this time, 
 *< that God Almighty has bleffedour arms, andthofe of our allies, with fo great 
 " fuccefs, and which gives us the nearer profpe(5l of a happy peace, and with it 
 " you will have the full pofleffion of all the advantages of this Unions and you 
 " have no reafon to doubt but the Parliament of England will do what is necef- 
 " fary on their part, after the readinefs they have fliown to remove what might 
 " obftrudt the entering on the treaty. We moft earneftly recommend to you 
 " calmnefs and unanimity in this great and weighty affair, that the Union may 
 " be brought to a happy conclufion, being the only effeftual way to fecure your 
 " prefent and future happinefs, and to difappoint the defigns of our and your 
 " enemies, who will, doubtlefs, on this occafion, ufe their utmoft endeavours 
 " to prevent or delay this Union, which muft fo much contribute to our glory, 
 " and the liappinefs of our people ; and fo we bid you heartily farewell. Given 
 " at our court at Windfor-Caftle, the 31ft day of July 1706, and of our reign 
 *' the fifth year." 
 
 By Her Majefty's Command. 
 
 MAR. 
 
 This letter having been twice read, the Duke of Queenfberry feconded the 
 Queen's letter with the following fpeech. 
 
 " My Lords and Gentlemen, 
 
 " Her Majefty, by her gracious letter, has acquainted you, that the treaty 
 " of Union, between the kingdoms of Scoriand and England (purfuant to an 
 " aft made in your laft fefTion) has been happily agreed on, which is now in rny 
 " Lord Regifter's hands, ready to be laid before you. 
 
 " The Lords Commiffioners for this kingdom have been diligent and zealous 
 " in concerting juft and reafonable terms ; and it muft be acknowledged, we 
 « met with a fair and friendly difpofition in the Lords Commiffioners on the 
 *' other part. 
 
 " The
 
 2i6 THE HISTORY OF THE UNION. 
 
 " The treaty has, with all humility, been prefented to the Queen, and was 
 *' moft gracioufly received ; and though no reign was ever fo truly great, for 
 '< wife and fteady councils, and fo many important fuccefles, as that of her 
 *' Majefty j yet, you fee, fhe is pleafed to efteem the perfefting of this Union, 
 " as the greateft glory of her reign, being the moft folid foundation of alafting 
 " fecurity to the Proteftant religion, and the liberties of Europe, and of peace 
 " and happinefs to her people. 
 
 " Thefe reafons, I doubt not, will make the treaty acceptable to you ; and I 
 " perfuade myfelf that you will proceed with fuch calmnefs and impartiality, as 
 " the weight of the fubjeft requires, and as becomes fo great an aflembly. 
 
 " The Lords Commiffioners for both kingdoms were limited in the matter of 
 " church government ; for the fecurity of Prefbyterian government in this 
 *' Church, you have the laws already made for its eftablifliment, the Queen's 
 " repeated aflurances to preferve it, and I am impowered to confent to what 
 " may be further neccflary after the Union. 
 
 " Her Majefty has been pleafed to recommend to you to make provifion for 
 " the forces, fliips, and garrifons, which is very neceflary, the fubfidies granted 
 *' at your laft meeting being run out ; fo, I doubt not, you will fpeedily re- 
 " new them. 
 
 " My Lords and Gentlemen, 
 
 " I am not infenfible of the difficulties that attend the weighty charadler it 
 " has pleafed her Majefty to honour me with, but, with your favourable aflif- 
 " tance, (upon which I very much rely) I hope, by my zeal and fidelity for 
 " her Majefty 's fervice, and the good of my country, which are infeparable, to 
 " difcharge my duty on this extraordinary occafion." 
 
 And this was followed with another fpeech by the Earl of Seafield, Lord 
 Chancellor of Scotland, which I have alio infer ted here, as follows: 
 
 " My Lords and Gentlemen, 
 
 " It hath been, and is the great happinefs of this nation, that the Queen 
 •' our Sovereign hath always made it the chief defign of her reign, to protedl; 
 " her fubjeds, in the enjoyment ot all their rights and privileges ; to promote 
 " their good, and to eftabliftj their peace and profpcrity, upon fure and lafting 
 " foundations. 
 
 " For thefe ends, her Majefty, in her moft gracious letter, doth, with great 
 " earneftnefs, recommend to you the concluding of the Union of the two king- 
 doms.
 
 OF ENGLAND AND SCOTLAND. 217 
 
 '< doms, and has plainly and fully laid before you the great advantages that this 
 " Union mufl: bring with it to all Britain, and in particular to this kingdom. 
 
 " The Lords Commiflioners named by her Majefty for this kingdoin, to 
 ." treat of this Union, have endeavoured to difcharge this great trufl with all 
 " fidelity, and have agreed to fuch terms and conditions, as I hope (hall be 
 " found juft, honourable and advantageous: the treaty has been already re- 
 '' ceived very gracioufly by her Majefty, and is now ready to be reported to vou 
 " for your confideration. 
 
 " I do not think it, proper at this time to defcend into the particuLir articles 
 " of the treaty ; I fhall only beg leave to fay in general, that it muft be of great 
 " advantage to have this whole ifland unite under one Government, and con- 
 " joined intirely in interefl: and affeftion, having equality of all rights and 
 " privileges, with a free communication and intercourfe of trade, which muft' 
 " certainly eftablifli our fecurity, augment our ftrength, and increafe our 
 " trade and riches. 
 
 " We can never expeft a more favourable jun£lure for compleating this 
 " Union than at prefent, when her Majefty has not only recommended it, but 
 " declared that flie will efteem it the greateft glory of her reign, to have it per- 
 " feded j and when the Parliament of England has fhewn their inclinations for 
 " it, by removing all thofe obftacles that did lay in the way of the treaty : and 
 " it muft alfo be acknowledged, that the Lords Commiflioners for England 
 " did teftify their good difpofition all along in this affair : and the great and 
 " glorious fuccefles wherewith God has blefted her Majefty 's arms, and thofe of 
 " her allies, give us the hope of a near and advantageous peace, whereby we 
 " will be put in the pofleftion, and attain to the full enjoyment of all the liber- 
 " ties and privileges of trade, now offered by the treaty- 
 
 " The Commiflioners of both fides have only treated of fuch things as con- 
 " cern the civil government, liberties, privileges, trade and taxes j but found 
 " themfelves limited as to the church-government, that being refcrved to each 
 " kingdom by the refpeftive a6bs of Parliament upon which the treaty pro- 
 " ceeded : and you have now not only the laws already made, with her Ma- 
 " jefty's moft gracious repeated afllirances for maintaining and continuing 
 " Preftjyterian church-government within this kingdom ; but this further op- 
 " portunity of making fuch conditions and provifions as fhall be found neccf- 
 " fary for its fecurity after the conclufion of this Union, within the limits of 
 " Scotland. 
 
 " Her Majefty recommends to you to provide the neceflTary fupplies for the 
 " troops, garrifons and fliips ; the funds formerly given are expired : and there- 
 " fore I doubt not but you will eafily comply with what is fo plainly neceflTary 
 
 F f ' " for
 
 2iS THE HISTORY OF TFIE UNION 
 
 " for the prefervation of the public fafety, and preventing the defigns of ene- 
 " mies noAV in time of war." 
 
 "■ My Lords and Gentlemen^ 
 
 " Since v/e have now the opportunity of edabliHiing for ourfelves and our 
 *' pofterity, by this Union with England, all that concerns our religion and 
 " liberties, together with the moft valuable privileges of trade ; I am hopeful 
 " that ycu will proceed to the confideration of the articles of the treaty, in fuch 
 " manner as fhall bring it to the defired conclufion, and it cannot but tend to 
 •'' the lading honour of this Seffion of Parliament, to have fo happily finifhed 
 *' this moft important and weighty matter." 
 
 I choofe to place thefe fpeeches here, rather than in the Appendix, becaufe 
 they fo immediately relate to the ftory, and to the continuanceof the thread of 
 the ftory, which now comes to be difcourfed of, that I thought they could not 
 be fo properly tranfpofed. 
 
 I {hall not enter here into the particular vote of every day, having abftrafted 
 thofe things by way of journal, in another part of the work, with notes upon 
 them, drawn from my own obfervation, and from the generous affiftance of 
 many honourable gentlemen prefent in the very occurrences of every day, and 
 of impartial, unbiafied judgment in the affair itfelf. But one thing I muft re- 
 mark here, viz. 
 
 The firft thing the Houfe did, after the fpeeches above, was to call for the 
 treaty of the Union as it was drawn up and figned by the Commiffioners, and 
 having caufed it to be read in the Houfe, upon fome general debate, which 
 lafted 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 people in general 
 were very well plcafed with the thoughts of the Union. They had not yet had 
 fubjedl: for the turbulent fpirits to work upon ; and having in general only dif- 
 courfed upon the advantages of both fides, which were indeed in themfelves 
 vifible enough, the clamorous party which followed had not concerted their 
 meafures, from what topics to work upon the humours of the people. 
 
 No fooner then were the articles printed, and put into the hands of the peo- 
 ple, but the gentlemen who fet themfelves up agaihft them, began to preach 
 upon the general heads, as their humour and talent inftruifled them, in order 
 to poflTcfs the people againft the particulars. 
 
 I cannot but diftinguifh here between the feveral parties that now oppofed 
 the Union : in my obfervation there were four feveral forts of people who were 
 againft this treaty, and who, either within doors or without ; either in Parlia- 
 ment, in commiffion, or in converfation, joined to oppofe, clamour at, or ob- 
 jcdt againft the Union J and it is really neceflary here to diftinguifti of them, 
 4 that
 
 OF ENGLAND AND SCOTLAND. 219 
 
 that when I talk, as I fliall have frequent occafion in tlie procefs of this ftory, 
 of the oppofers, and the parties oppofing, it may, by the manner of their op- 
 pofing, be diftinguiflied who is meant j for I fhall not name perfons in my 
 difcourfe of thofe things, not thinking it ncceflary to make this hiftory a facire 
 upon any one family, or record to pofterity the fteps they took in particular, 
 or their reafons for it in this affair. 
 
 Where particular aftions, more than ordinary public, have diftinguifhed 
 perfons, that is their own aft and deed, and lies not at my door ; but to come 
 to the heads of parties. 
 
 1. There was the profeft Jacobite party, who oppofed the treaty purely on 
 the account of the fucceffion, which they faw evidently was ftruck at, and would 
 be effeftually fixt, contrary to their principles, and eternally cxclufive of the 
 family they adhered to j and thefe declared their averfion to the Union, upon 
 all occafions, publicly and fairly, and, for ought I know, were fomc of the 
 honefteft of the enemies to the treaty. 
 
 2. There was the dilfenters from the churcli, or the epifcopal party, thefe 
 oppofed the Union alfo publicly, as it tended in its confequences, entirely to 
 fettle the Prefbyterian cftablifliment, for ever to fore-clofe them, and bar the 
 door againft all poffibility of their recovering the government of the church in 
 the manner they defired j fince they faw but too plainly, however blind others 
 were to it, that this treaty would fo fettle the Prefbyterian eftablifhment in 
 Scotland, and fo fortify it by law, that if ever they fhould attempt to recover 
 the hierarchy of epifcopacy here, even the very epifcopal church, their own 
 brethren in England, would be obliged to oppofe and fupprefs them. And 
 thefe, fo far as they afled fairly, were honeft and open enemies alfo to the Union. 
 
 3. There was a mifiiaken people, I hope I may fay fo much of my own opi- 
 nion without offence, for truly I think them miftaken, who, though this Union 
 was calculated entirely for their fafety, and tended to their indilfoluble efta- 
 blifhment, as by the alarm of their enemies was very vifibly demonftrated, yet 
 were drawn in by their fears, and, I doubt, thofe fears too much inflamed by 
 the policy and wicked artifice of whifperers and difguifed enemies, to oppofe 
 the Union, as dangerous to the church, and as interfering with the feveral 
 public engagements the nation had entered into. Thefe, or mod of them, 
 were honeft, well-meaning, and fome of them moft pious and valuable people; 
 hov/ever fome of them might fin againft moderation in the manner of their dif- 
 fenting, and a little too warmly pufli on their private opinions. 
 
 Of thefe people I fhall be far from faying any thing fevere, for indeed I can- 
 not think any thing ill of them, I mean as to intentional evil. The weaknefs 
 any of them might difcover in forwarding, countenancing, or giving a name 
 to the diforders of the times, was rather the artifice of a party, who endea- 
 voured to en flame the nation, and put the appearance of it upon them, writ- 
 
 F f 2 ing
 
 aio THE HISTORY OF THE UNION 
 
 ing their names upon every adtion, and intitling every tumult to their pro- 
 teftion. 
 
 But defcending to particulars, we fhall find, that however forward, and if 
 their enemies defire it, I'll venture to fay, indifcreet fome of them might be, 
 in difcovering their fentiments with warmth in converfation, yet upon all pub- 
 lic occafions their whole oppofition of the treaty was confined to legal appli- 
 cations and peaceable endeavours, the tumult at Dumfries only excepted; 
 for as to chat of Glafgow, it was wholly Jacobite, mere rabble and tumult of 
 that party, and the poor blinded commonalty deluded and impofed upon by 
 them, contrary to the opinions, and without the affiftance of the people I am 
 fpeaking of, as will appear hereafter. 
 
 4. But laftly, tliere was a party, who vigoroufly and violently, by all man- 
 ner of artifice, trick, and underhand dealing, oppofed this Union, merely 
 upon politic enigmas, reafons of party, founded upon ftate principles, ambidon, 
 emulation, party-pique, prejudices, and a vaft variety of unhappy conjunftions, 
 as ferved to enflame and agitate their fpirits againft it. And as thefe were many 
 of them gentlemen of the firft rank, and fome of them otherwife even well 
 enough affefted to both the fuccefllon, and to the church -, fo I fhall fhow more 
 refpeft to their perfons, than to record them in a cafe wliich I promife myfelf 
 they will fome time or other reckon it their misfortune to have oppofed, and per- 
 haps be as zealous, now its finilhed, to preferve, as they were before it was 
 finifhed, to prevent. 
 
 Yet I muft confefs, it was to thefe gentlemen we owe the amufing the nation 
 with fo many unhappy prejudices, the alarming them with fuch ungrounded 
 apprehenfions, and the embarking the common people againft it, merely on 
 the appearing of fuch men in it, on whofe judgments, and on whofe quality 
 they had fo much dependence. 
 
 Thefe were the fatal people againft this treaty, thefe ftruggled within doors 
 and without, thefe brought to pafs that monftrous conjunftion of oppofite and 
 difcording parties, and brought tiie Jacobites to cry out for the fuccefllon ; the 
 epifcopal people to want fccurity for the Preftjyterian church j the Tory to cry 
 out, breach of covenant ; and the well-minded Prefbyterian ignorandy excite 
 the people to a rabble. 
 
 Thefe went about preaching oppofition in every fhape, juft as it fuited the 
 people they had to do with, they undertook to join Cameronian and Perfecutor; 
 Prefbyterian and Papift ; Proteftant Succefllon and Jacobitifm j parties as op- 
 pofite as the elements, as diftant as the poles ; and thefe are the people I defire 
 to be underftood of, when in this book I talk in general of the oppofers of this. 
 Union ; I name nobody, whoever the coat fits, they arc welcome to wear it. 
 
 Having thus defcribed the parties, it would be endlcfs to enter into their fc- 
 vcral methods, by which they concurred together, I do not fay confederated, 
 
 for
 
 OF ENGLAND AND SCOTLAND. 221 
 
 for that was impradicable, their feveral aims confidered; but all concurred 
 neverthelefs, to put the management of this affair into the following confufions. 
 
 Till the printing of thefe articles, as I have already noted, the people were 
 generally very defirous of the Union, as a thing which tended to the putting 
 an end to all former animofities, burying the ancient feuds between the nations, 
 and removing the apprehenfions good people on both fides had juftly enter- 
 tained of a new rupture, in cafe of the Queen's demife. 
 
 But no fooncr were thefe articles printed and difperfed, but as if everybody 
 had fet themfelves to raife objeflions, form fcruples, and find faults in them, 
 the whole nation fell into a general kind of labour, in canvafling, banding, and 
 cavilling at the conditions. 
 
 1. The poor people were terrified with the apprenfions of infupportable 
 taxes, lofs of employment, want of all things, and large payments upon their 
 fait and malt. 
 
 They were again filled with ftrange (lories of being fold to the Englifh ; 
 their Parliament, Crown, Scepter, and even tlieir name as a nation to be loft, 
 and all carried to England. 
 
 2. The merchants were frighted with printed fchemes of exceflive cuftoms 
 and impofitions, and the ftrangeft projects of trade were fpread about the 
 kingdom that ever were feen, which being gotten into the heads of thofe people, 
 who yet, by their concern in trade, one would have thought, in common charity, 
 fliould have known better, were fo managed, that it is hardly poffible to believe' 
 fuch prepofterous notions could prevail upon people, otherwife knowing 
 enough; fuch as, i. The profitablenefs of a trade to France, though all the 
 returns from thence was in perifliable goods, fuch. as wines, brandy, and trifles 
 for confumption at home. 
 
 2. The unprofitablenefs of a trade to England, whither their export of 
 cattle and linen, amounting to above 2QO,ooo1, fterling per annum, brought 
 back very little but ready money. 
 
 Tiiefe were ftrange things, but fo popularly puftaed on, that they amufed the 
 whole nation, and the poor people were told, the Union would beggar the 
 country, and ftarve the nation ; and. this talked up to an extravagant height,, 
 made the poor perfeftly diftr;i£t:ed. Taxes were calculated, without allowing, 
 for the advantages of the cuftoms in other cafes taken off ; without confidering 
 the taxes on malt and fait were remote, and' probably never to be laid ; without 
 confidering proportions, equalities, and the reafons, nature, or neceffity of 
 things; fothat the poor people were exafperated to the higheft degree, and filled. 
 with apprehenfions, that they fliould have neither food to eat, nor beer to 
 drink; that they were juft to be facrificed to the Engliih ; be fubdued, ruined 
 and deftroyed. 
 
 3. Thofe
 
 222 THE HISTORY OF THE UNION 
 
 3. Thofe articles, which left fome things contingent to the Parliamentary 
 jurifdiftion, were improved to perfuade tlie people, that all their laws, liberties, 
 eftates, and whatever was near and dear to them, was left entirely to the deter- 
 mination and abfolute difpofal of tlie Britilli Parliament ; in which, they being 
 to have but a fmall reprefentation, fuppofing their own members to be always 
 unbiafied and impartial, they fhould always be over-ruled, out-voted, opprefled 
 and fubje£bed : To talk to them, in this cafe, of the words unalterable and 
 perpetual, was to fay nothing j to fay, the Britifh Parliament could make no 
 alterations, was to fay nothing. Thefe things had fo filled the heads of the 
 people, that nothing could pacify them. 
 
 4. But above all this, and which was yet moft unhappy, as it tended to an 
 univerfal alarm, and to embark a great many fober and well-affefted people 
 againft it, it was carefully reprefented to be dangerous to the church-govern- 
 ment, that all the eftablifliment would be fubjedted to a vote of Parliament, 
 and a Parliament, where the prelates had a voice againft them ; that if the 
 Bifhops fliould pleafe to vote Epifcopacy into Scotland, they getting a majority 
 in the Parliament, it would be done j that the Church would be ruined; that 
 if fhe obtained a toleration, it was the moft that could be expefted in this 
 cafe, and that was precarious and uncertain, and what they muft come a beg- 
 ging to the Bifhops for. This made an unfpeakable diforder 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 themfelves about 
 it, were to no purpofej they declared the Ad: of Security to be infufficient, 
 railed at the Scots Parliament's confenting in blank to the eftablifliment of the 
 Church of England, and inveighed againft a toleration of Epifcopacy here, 
 which they faid would be the confequence. 
 
 5. And laft of all came an univerfal cry, that this was a plain breach of the 
 national covenant and folemn league, by which the nation had bound them- 
 felves by oath to God Almighty, among other things, to endeavour the pulling 
 down the Epifcopal hierarchy, and to reform, to the utmoft of their power, the 
 Church of England alfo. — All thefe things were not only brought as arguments, 
 but puflied with fo much heat, fo much want of charity and courtefy, that really 
 it began to break all good neighbourhood; it foured all focieties, and the 
 national quarrel broke into families, who were ever jangling, divided, and op- 
 pofite one among another. — Nor was there any offering the expofitions, no, not 
 of their own divines, who had declared, that the obligations of the covenant 
 entitled them to no other endeavour of reforming the Church of England, but 
 fuch as confifted in prayers, exhortations, Chriftian arguments and examples : 
 vide Dodor Rule's Vindication of the Church of Scotland, p. 16. How-
 
 OF ENGLAND AND SCOTLAND. 223 
 
 ever, there was no talking to the people at this time, nothing but patience and 
 time could be expected to remedy it. 
 
 In this junfture, and if pofllble to compleat the diflraftions of the people, 
 one gentleman, by name Mr. Hodges, and who had formerly been fuppofed 
 to write for the common good of Scotland, and was rewarded for it by Par- 
 liament, by what fate, party, pafTion or prejudice, remains to this day a 
 doubt, — writes a large book againft an incorporate Union ; in which he abufes 
 and reproaches England, as a faithlefs, wicked, treacherous and abominable 
 nation, and that to unite with her, was to entail God's judgment on Scotland 
 for her national fins. A fad inftance of the temper of thefe times. 
 
 In this book he fets down two and thirty interfering interefts between the 
 nations, which, he pretends, it is impolTiblc to reconcile: It is writ with infinite 
 fcandal and falfity; and among the reft, and as a teft of the finceriry of the 
 party, he affirms thefe palpable untruths. 
 
 I ft. That in commerce, the Englifh trade to the Weft Indies is carried on in 
 exclufive companies, by which, the letting the Scots into that trade, was an 
 Englifti cheat. 
 
 a. That all the ecclefiaftical ftate of the Church was left at the mercy of a 
 Britifti Parliament. 
 
 3. That the Members of Parliament in England were obliged to take the 
 Sacrament of the Church of England, before they were admitted to fit in the 
 Houfe. 
 
 This is not a place to confute thefe things ; they did not want their anfwer in 
 their feafon, and the 'people in time did begin to fee their error, and how this 
 author had, by manifeft forgery, impofcd upon them. — But ftill this did the 
 mifchief it was calculated for, before any anfwer could take place j for this 
 book was eagerly efpoufed by the party, and there was no room to queftion it 
 •was writ at their private appointment : It was induftrioufiy fpread over all the 
 kingdom in a few days, and no body of any confideration but had a fight of 
 it; nay, it was handed about among the poor people, to ftir them up and 
 inflame them, and it had all the fuccefs the wickedeft creature could wifli for^ 
 it confounded and amazed the people, the dark fide of every thing was ftiowii 
 them, and the true fenfe of things concealed; and who can but think the people, 
 thus abufed, Ihould run out into extravagancies ? 
 
 It is not fo much, that a book fraught with abfurdities, falfities and contra- 
 diftions, merits a note in this work ; but I think it is abfolutely neceflary, to 
 fliew where the general difaffeftion at the Union began, fince it was manifeft, 
 that, till this time, the people were, in general, very well fatisfied, and the 
 profpeft of an Union was very grateful to them. 
 
 It cannot but be fome fatisfat^ion to all thofe who have heartily efpoufed this 
 
 UnioDj
 
 0.24 'I'HE HISTORY OF THE UNION 
 
 Union, that the oppofition had fuch a beginni^ng; that its foundation was laid 
 in the party-prejudices of a few, whofe refuge and fupport was the mere 
 affidance of falfities and unparelleled forgeries, by which the poor ignorant 
 people were amufed, impofed upon, and led blindly on, even to the brink of 
 their own deftruftion ; from whence, though the good providence of God 
 refcued them, yet they were fo pofTefled, that they flew in the face of every 
 body that attempted to open their eyes, and infulted their deliverers. 
 
 It was at lead a fortnight that the heats of the people, on account of thefc 
 articles, continued, before they produced any extravagant effefts; and this 
 time was generally fpent, in the Parliament, in reading over, difcourfing upon, 
 and preparing to debate the articles. 
 
 For it may be noted, as will appear by the minutes, that the articles were 
 read over one by one in the Houfe, before the main reading of them j and the 
 Members were admitted to fpeak freely their opinions on every head, but to put 
 nothing to the vote. 
 
 During this work, which was from the third of Odlober to the firft of Novem- 
 ber, the ferment increafed, and the whole kingdom feemed to be in a diforder, 
 fome accounts of which may be very proper here. 
 
 There had always been a ftrong oppofition in this country to the prefent fettle- 
 ment, both eccleiiaftical and civil, and the Revolution was not eftablilhed 
 without a civil war ; which, though it was but fliort, came to a decifive battle, 
 which had this particular feeming contradidlion in it, that the King's army loft 
 the battle, and got the vidory. 
 
 The Vifcount of Dundee, formerly Graham of Claverhoufe, headed the 
 malecontent party ; the King's forces were routed, but Dundee, unhappily for 
 his party, was found among the flain : His viftorious party by his death, not 
 only loft the advantage of their viiflory, but having loft the chief of their army, 
 they foon difperfed for want of a head, and the prefent eftabliftiment prevailed. 
 
 But ftill they left the North Highlands full of difaffedlion to the prefent 
 Government, never fubmitting, but, as it were, by mere force, even to this day. 
 
 All the remains of this party, called particularly the Jacobite, were unani- 
 moufly againft the Union, as they were againft the fucceffion. 
 
 2. The Epifcopal party were againft it as before, becaufc they forcfaw, that 
 the Prefbyterian church would ftrengthen their fettlement, by the addition of 
 England, who by this treaty, would on all occafions, be obliged to fupport and 
 defend them, and fo the party would of courfc be finally excluded. 
 
 Thefe two parties faw themfelves abandoned by thofe who formerly oppofed 
 the fucceffion on different reafons, and that thofe gentlemen had fallen into the 
 Union, as is before hinted j and though I will not fay, that they and the 
 
 Papifts
 
 ©F ENGLAND AND SCOTLAND. iij 
 
 Papifts and Jacobite party were all in an intercft before, yet it was iivanifcll 
 they fell in together now unanimoufly to oppole the Union. 
 
 What oppofition they had formerly made was under-hand, partly by fulici- 
 tation of friends, and clafhing of parties; they always looked on ic as a diino- 
 remote and imprafticable, and a thing which the conftant jars they induftri- 
 oufly promoted among the people, and particularly the national antipathy, 
 would always prevent. 
 
 But when, contrary to their expectation, they found, that the Union was 
 brought to a head in England; that the Court pufhed heartily to bring it to a 
 conclufion; and to their great furprife found the feveral oppofing parties joined 
 together; and that every one, from what different profpefts foever, concurred 
 in the Union, and feemed to make their court to the times, on die foot of the 
 zeal they fliould fhew for this new profpedl of fettlement. Kgli * ■^■ 
 
 This exceedingly alarmed them ; and they found, that now or never was the 
 time to oppofe it; that if it obtained now upon the humour of the people, it 
 was certain to be finifhed, and they and their caufe efFedlually fore-clofed firom 
 all hopes of ever retrieving their intereft. 
 
 No fooner therefore was the Parliament met, and the eyes of all the nation 
 fixed upon the event of this great affair, but all the engines of the feveral parties 
 were fet to work ; fome to expofe, feme to defend both the proceedings tliat 
 were already perfefted in England, and thofe that were now entering upon. 
 
 Innumerable pamphlets were printed and difperfed over the whole kingdom; 
 and induftrioufly harangued upon by the engines of the' refpeftive parties, as 
 their interefts led them. 
 
 The next flep was to find out popular arguments to gratify the humours of 
 
 the feveral orders or divifions of the people ; and to alarm them with thofe 
 
 things in particular, which their feveral tempers, parties, or defigns led them 
 
 mofl to apprehend. 
 
 Thus they fpread all pofTible fcandals and fatires againll the treaty ;n general, 
 
 ... . • j-r r -^ ^^ tizmi.r 
 
 as well in print as in ducourle. 
 
 As that it was difhonourable to Scotland ; furrendering her fovereignty and 
 conftitution; fubjedting her to her ancient and implacable enemies. — That it 
 was deprelTing the honour and dignity of a kingdom that had defended her li- 
 berty againfl England with fuch gallantry and bravery for fo many hundred 
 years, as if fhe was lefs able to fight now than never, her fons lefs bold, her 
 gentry lefs daring, or lefs willing to die for their country; that now they were 
 to be flaves, and niufl run to Weftminfter to vote with a handful of members, 
 who would never be able to carry a queflion, or to make any weight there, but 
 juft for form's fake fit in the Houfe, and be laughed at. 
 
 G g That
 
 aa6 THE HISTORY OF THE UNION 
 
 That the figure Scotland would make in the Britifli Parliament would not be 
 like a kingdom, but like a province j that one county in England, viz. Corn- 
 wall, fent up as many members, one excepted, as the whole kingdom ; and that 
 this was an eternal badge of their fubjeftion ; and the like. 
 
 This was a general cry, and began to be very popular : The people cried out, 
 they v/ere Scotfmen, and they would be Scotfmen ftill ; they contemned the 
 name of Britons, fit for the Welchmen, who were made the fcofF of the Eng- 
 lifh, after they had reduced them. — Scotland had always had a name and a fame 
 in foreign courts ; they were naturalized in France, enjoyed for many years great 
 privileges there, and honours bought with the blood of their ancellors ; and 
 they would never give away their birthright, though fome of their nation had 
 been driving a bargain for themfelves, at the price of felling their country. — 
 Thus they filled the mouths of the common people, who would go about the 
 ilreet crying, " No Union," and call the treaters traitors, and foon after began 
 to threaten them openly to their faces. 
 
 The fuccefs the party obtained here to incenfe the common people was too 
 much, not to encourage them to proceed -, and the next flep was, to infufe like 
 prejudices into the heads of the feveral parties and perfuafions of people : And 
 this was divided into two : 
 
 I. To perfuade the honeft prefbyterian, that the Church would be fubjefted 
 to the votes, the power, and the opprefiion of the Epifcopal hierarchy in England. 
 I will not pofitively aflert, that this was a mere Jacobite chimera, or had its 
 pure original in plot and defign ; the fears and apprehenfions of honeft people 
 might at firft lead them a great way in that cafe: But I believe nobody will take 
 ofFepce, if I fay thofe fears and apprehenfions were foon made a handle by this 
 party, who fat ready to take all occafions, and they immediately raifed a cry 
 that the Church was betrayed; that Epifcopacy was coming in upon them; that 
 in the Britifh Parliament they fhould be fubjefled to the plurality of voices, in 
 which the Englifli bifhops, befide their influence on the nobility and gentry, 
 bad alfo their own voices : and that, if the Union ever went forward, they fhould 
 be ceruinly fupprelTcd by the prelates, and reduced to a toleration at beft, if 
 perhaps that fhould be obtained. 
 
 I cannot be cenfured by any body, in this conclufion of mine, if it be re- 
 membered what ftrange advocates the Church had at this time, — when thofe that 
 never came to the Church, never owned the jurifUiftion of the Church; but, on" 
 the contrary, were always known to maltreat her; rejeft hereftabliflimcnt ; and 
 never joined with her, either in doftrinc or difcipline, worlliip or government, 
 went up and down, exclaiming at the defigns of tlie Englifh bifhops, to over- 
 throw the eftablifhed Church. 
 
 Nor
 
 OF ENGLAND AND SCOTLAND. 227 
 
 . Nor will it be remote to the purpofe to obferve, that when the a6l for the fccu- 
 rity of the Church came to be debated in Parliament, thofe very gentlemen ap- 
 peared zealous to obtain larger conditions, and voted the overture infufficient 
 for the Church's fafety, who were never fuppofed to owe the Church fo much 
 good will, or ever before were oblcrved to malce her fecurity any part of their 
 concern : nay, nor were ever known fo much as to join with the Church; own 
 her difcipline, or call themfelves members. — But this ceafed to be a myftery, 
 when fome of thofe gentlemen honeftly declared, this was only done to ftrengthen 
 their intereft againft the Union, and openly began to draw their arguments into 
 a chain of fuccefTive necelTities ; that from the very Papift to the Jacobite, the 
 Prelatift, the Prefbyterian, the Cameronian, every one might find reafons to 
 adl together againft the Union, as a common and a national evil. But of this 
 I fhall find occafion to fpeak again prefently. 
 
 The early fpreading thefe prejudices had but too much fuccefs j the party ap- 
 plied themfelves, as they found it fuit the genius and tempers of the people- 
 To fome it was fatal to the Church, and they would be fubjefted to prelacy, 
 and the plurality of votes in the Britifh Parliament. 
 
 To others, it was dangerous to the ftate, and the independency, honour and 
 fovereignty of the kingdom was betrayed and given up. 
 
 Nay, to the very children and moft ignorant people they had their arguments ; 
 fuch as, that the honours, as they call them, the crown of Scotland, fword and 
 fceptre, fliould be carried away to England. And the boys and mob were in- 
 vited by a great perfon, in a melancholy tone, to go in and fee the ancient crown 
 of Scotland, for that it would foon be carried away, and they might never fee it 
 any more. 
 
 To others they had a more fubtile argument ; which, though it was perhaps 
 begun among thofe that had no ill in their defign, as is faid of the firft, yet, 
 they carefully improved this, as they did all other things, to the general confufion 
 of the times : and this was a notion, that it was abfblutely againft the national 
 covenant, in which the people had fworn to two things, which this treaty di« 
 reftly would contravene, and render impoffible, 
 
 1. That Scotland had fworn in the national covenant, to fupport the fove- 
 rdgnty of the kingdom, which they faid was now to be given up. 
 
 2. That Scotland had engaged to pull down Epifcopacy in England to the 
 utmoft of their power. i 
 
 The ftarting thefe two things had two fatal profpefts, which indeed, liad they 
 not been bothover-ruled by that fecret hand which had fingularly appeared in the 
 carrying this treaty on, through fo many feemingly infuperable difficulties, 
 might have involved both nations in confufion, .• 
 
 Gel From
 
 22t THE HISTORY OF THE UNION 
 
 -f-jFr&rh the firft of thefe, they pretended to be bound to preferve the ftate in 
 its immediate feparate condition ; as if confederating with, and joining to a 
 more powerful nation, on tenr.s honourable, and tending to fupport the fove- 
 reignty and power of the whole, was not confifting with that part of the cove- 
 nant, which could no otherwife be underftood there than to fignify the fupport- 
 ing and defending the conftitution of Scotland, as it was or Ihould be legally 
 fftabliflaed. 
 
 As to the other fuggeftion, it was effeftually anfwered by one of the moft 
 learned divines of the Church of Scotland, Dr. Rule; where he explains the 
 meaning of the covenant to be in that cafe, noatttempt 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 re- 
 formation, either there or any where elfe : and it is far from our thoughts to go 
 beyond that boundary. — Vindication of the Church of Scotland, p. i6. 
 
 But this clamour had another efFeft, which might have been as fatal in its 
 confequence, had not the fcene of affairs been very much changed in England; 
 for this very pretence, which the Epifcopal party prompted, as much as in 
 them lay here, and drew abundance of good and well-meaning people into, in 
 Scotland, as an objeftion againfl the Union, they immediately turned upon 
 them in England, and fet fome of the Church of England Clergy, efpecially 
 thofewarm gentlemen who were againftthe Union; they fet them, I fay, upon 
 raifing of the old alarm again, of the danger of the Church, arifing from the 
 Union; even from this very argument, that the Prefbyterians in Scotland were 
 fworn by the covenant, to do their utmoft to pull down Epifcopacy in England. 
 
 I fhall, as little as poffible, concern this hiftory with debates of any of our 
 party quarrels ; but the contradiftion which thefe people fell into, was remarkable; 
 and could it have been confidered, might have very much expofed tliem. 
 
 ,;For if it was true, that the Church of Scotland had fworn to dethrone Epif- 
 copacy; and that the Prefbyterians were againft the Union, becaufe it would 
 deprive thehi of that power, and for ever tie their hands from that work ; — then 
 they were but ill friends to the Church of England among her own Clergy, who 
 were foi* that reafon againft the Union. — And it was an argument of the Itrongeft 
 nature to prove, that the Church of England fhould have been with all her 
 heart for the Union, if flie had the leaft knowledge of her own intereft. 
 
 It is plain from Dr. Rule, that the obligation of the covenant extended no 
 further, than to oblige them to concur with England, when lawfully called to 
 a general refornr^ation. 
 
 But the party in England run thefe things a great deal higher, and plied the 
 warm addrefTes of the people; and efpecially one of the Cameronians, and of 
 
 their
 
 OF ENGLAND AND SCOTLAND. 229 
 
 their leader Mr. John Hepburn, againft the Union i calling what thofe weak 
 people put into their addreflcs, the aft and deed of the wliole Prefbyterian 
 Church of Scotland ; when 'tis known, firft, that Mr, Hepburn's addrefs had 
 but feven hands to it. Secondly, thofc people, though in other things many 
 of them are good people, yet do neither own the Church nor the State; neither 
 the Civil Government nor the Ecclefiaftic. Of which I fliall be larger hereafter. 
 
 By thefe artifices it is hardly credible, what averfions they raifed in the people 
 againft the Union in general, even before the articles were made public, or at> 
 all debated in the Houfe. 
 
 But when the articles were printed, and every one began to read lectures upon 
 them, according as their feveral fancies guided them, or their intereftfeemed to 
 clafh with them, I want words to exprefs what a clamour was raifed on all hands, 
 and what feuds began to appear in every corner of the nation. 
 
 Parties and people, whofe interefts and principles differed as much as light 
 and dai'knefs J who were as contrary in opinion, and as far afunder in every thing, 
 as the poles, fcemed to draw together here. — It was the moft m.onftrous fight in 
 the world, to fee the Jacobite and the Prefbyterian, the perfecu ting prelatic Non- 
 juror and the Cameronian ; the Papift and the reformed Proteftant, parle toge- 
 ther, join intereft, and concert meafures together.— To fee the Jacobites at 
 Glafgow huzzaing the mob, and encouraging them to have a care of the Church ! 
 the. high-flying Epifcopal diffenter crying out, the overture was not a fufficient 
 fecurity for the Church ! 
 
 Such convulfions as thefe agitated the whole kingdom; and it was the moft un- 
 accountable thing that ever was known, to find a nation, that but cfew months 
 before were earneftly crying out for an Union, and the nearer the- better; and 
 that were fully convinced of the neceffity they had of this Union, now fly in 
 the face of their mafters, and upbraid the gentlemen who managed it, with fel- 
 ling and betraying their country, and furrendering their conftitution, fovereignty 
 and independence to the Englifii. 
 
 And fuch -was the; clamour againft the treaters, that I verily believe, and I 
 affure you I do not, give my private opinion in it, had the articles of the treaty- 
 been publiftied before the treaters came home; and the feuds been the fame 
 againft them as they were afterwards, there was not many of them would have 
 dared to have gone home, without a guard to proteift them. 
 
 The merchants, the burghs, the country people, all cried out of oppreflion, 
 and of ruiri and deftruftion in trade. — And yet the amendments that were offered 
 by that party to the articles, in the time of their debate, were fo fmall, and fo 
 trifling, though they had a free debate on every head, that their own friends cried 
 
 out
 
 230 THE HISTORY OF THE UNION 
 
 out upon them, for demanding fo little; and ufed this as an argument againft 
 them afterwards, that they might have had more, if they had afked it. 
 
 Nor is it to be forgotten, that thofe very gentlemen, who raifed moft noife at 
 the general of the treaty, had leaft to fay to the particulars; had feweft objec- 
 tions to make, and Icaft of all concerned thcmfelves in the amendments. — The 
 reafon was plain, the defign was not to amend the treaty, but to deftroy it; they 
 were not folicitous to have a good treaty, but to have no treaty ; the drift was to 
 confound it with infinite objecEtions, and to clamour the people out of their wits, 
 that they might, if polTible, clamour the Parliament out of the Houfe: and of 
 this fuch evident proofs will appear in the procefs of this ftoiy, as no body, I 
 believe, will make any doubt but that there is reafon for fuch an objeftion. 
 
 The Parliament was now met, and the party who oppofed the treaty diligently 
 made up their greatefl: ftrength within doors in order to it. — I will not fay that 
 feveral took the oath of Parliament, on purpofe to be able to do fervice againft 
 it, who never took the faid oath before ; but I know it wasfo underftood of feveral 
 gentlemen, and they were reported to be advifed by their friends to do fo. 
 
 The firft ftep they took without doors, for the matters within doors I refer to 
 the abftraft I fliall make of the minutes in the end of this work ; but the firft 
 ftep they took without doors, as to particulars, was to let on foot a notion, that 
 the Members of Parliament had no right to alter the conftitution, without the 
 particular confent of their conftituents j and that therefore the Parliament 
 ought to have an adjournment for fome time, that the Members might go down 
 into the feveral refpeftive countries, which they reprefented, and know the mind 
 of their conAituents. 
 
 And though this feemed to be many ways confuted by ftrength of argument; 
 wherein it was alledged, that this was not an altering or giving up the conftitu- 
 tion ; and therefore, fuppofe it were true, tliat the Members were not impowered 
 to aft without the confent of their conftituents, in giving up the conftitution, 
 yet this did not reach here. 
 
 a. It was alledged, that this Parliament was fummoned by her Majefty, with 
 an exprefs fignification in the proclamation, that it was to treat of, confult about, 
 and conclude an Union with England; and being fent up for that declared pur- 
 pofe by their conftituents, there remained no occafion to demand any further, 
 or other inftruftions from them; but they became plenipotentiaries from that 
 particular circumftance. 
 
 3. That, by the conftitution, it was not required, that the conftituents 
 lliould be confultedon any fuch occafion ; that the Convention of Eftates tranf- 
 pofed the crown, altered the fuccefTion, and fettled the Revolution ; which, in 
 all circumftances, was as eflential to the conftitution as this ; and that they never 
 
 confulted
 
 OF ENGLAND AND SCOTLAND. 231 
 
 confulted their conftituents in that call- at all ; nor did the oppofers of the Revo- 
 lution demand it ; but protefted, and went out of tiae Houfe. 
 
 And, in this cafe, their champion, Mr. Hodges, alfo was againft tliem, who 
 owned, that their Commiffioners to the Parliament had full power to ad; for 
 them in this cafe. 
 
 However, as things began to run very high, and the people, prompted by 
 thefe popular arguments, afTumed every thing they thought fit to call their right ; 
 ftveral boroughs wrote letters to their reprefentatives, in their own names, and 
 by their own autliorities, requiring them not to give their votes or aflents to an 
 incorporating Union; or, in fhort, 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 regarded by the Mem- 
 bers, and that precedents in like cafes would not fupport the praftice, they 
 turned tl>eir private letters into public addrefTes, and thofe introduced mobs, 
 tumults, infultings of magiftrates, flight of gentlemen from their houfes, and 
 all manner of popular diforders ; till at lafl it came to downright infurredlion 
 and rebellion; which, had notcircumftances and the feafon particularly prevented,, 
 had rifen up to blood, civil war, and all the terrible confequences of an enraged 
 and divided nation, as fhall more at large be related in its courfe. 
 
 But to return to the party that oppofed the treaty ; at firft they ftrove to carry 
 on their oppofition by wifer methods ; and by their force of arguments to 
 pofllifs the peoples minds with fuch averfions, as might convince the Parliament 
 they were ading againft the general current of the nation. 
 
 And having not at firfl appeared againft the thing in general, it behoved 
 them, to defcend to particular objeftions ; for, to fay they would have no Union 
 at all, would have been impolitic, and have formed too great a party againft 
 them : it was neceflary therefore to form themfelves into a body of objeftors, 
 that had fome reafon on their fide, and could defcend to particulars to enforce 
 their opinion. 
 
 Nor could they, in good manners to the Queen, objedt againft an Union in 
 general, who, in her letters to the Parliament, had fo earneftly recommended, 
 upon all occafions, the union of her people, as what her Majefty efteemed fb 
 much for their mutual good, that ftie would count it her fingular happinefs, 
 to have it compleated in her reign : on this fcore, I fay, fhould they have re- 
 jefted all manner of Union, or treaty of Union, it would have been fo diredlly 
 flying in the face of the Queen's recommendation, that it would have not only 
 appeared rude, but have loft them a confiderable party, whofe affiftance they 
 found very great occafion for. 
 
 This brought all the feveral parties, who were againft the treaty, as well thofe 
 2 that
 
 232 THE HISTORY OF THE UNION. 
 
 that were againft it on the account of the fucccffion, as thofe that were againfl: 
 it in genera], to fall in with thofe, who only objefted againft the circuj-nftances 
 ©fit; I mean, the conditions, and ftipulations publifiied in the articles. 
 
 • Thus the great variety of objeftors, to make themfelves perfcdly formidable^ 
 however different in notion or defign, made up one body; and turned their ar-. 
 guments from being pointed againft the union in general, to be pointed againft 
 the terms of it, an incorporating union. 
 
 This brought them back to the feveral fchemes of foreign unions of nations, 
 fuch as Switzc.'-land, the United Provinces, and the like : and fome propofed 
 one thing, fome another, not forefeeing, that, had even any of their propofals 
 come to have been the real treaty, yet this party, who were againft the Union 
 as fuch, would have been as much againft that, as they were againft this ; and 
 fo at laft they muft have divided, broke their intereft, and loft the whole,' which 
 was the main thing aimed at. - , - , . . 
 
 : And thus now ftood the debate.-^" No. incorporating union,". Was the word : 
 — -" Let us have an Union with England with all our hearts i but no incorpora- 
 " tionj — let us keep our Parliament, — keep our fovereignty, — keep Bur in-" 
 " dependency, — keep our conftitution j and for all the reii, we are ready to 
 " unite with you, as firmly as you can devife." ' n,.fi i,.. 
 
 This was thought, by moft, to bejuft reviving the former notions of a federal 
 union, with fo many inconfiftent noun-fubftantives in their government, that 
 had upon all occafions been found imprafticable -, and which would fo entirely 
 have left both nations expofed to the pofTibility of relapfing into a divided con- 
 dition, that it could not be expeiSted, England, whofe confiderations for uniting 
 were peace, ftrength, and ftiutting a bade door of continual war and confufion 
 fi'om the north, fhould communicate trade, freedom of cuftoms in all her ports 
 and plantation^! with egrefs and regrefs of manufadlures, &c. and leave the 
 main things yet precarious and i^ncertain. 
 
 It would be endlefs to trouble the reader here with the arguments on both fides, 
 which came refolved at laft to this ftiort head. 
 
 ■jIn the beginning of the treaty at London, the Englifti CommifTioners had 
 rcfufed to treat, but upon an entire and incorporating Union; and had given 
 fuch reafons, why all other propofals would not only be infufficient, but im- 
 pra<51:icable ; that the Scots CommifTioners were convinced of it, and fatisfied to 
 enter upon a treaty of an entire Union, as the only way to eftablifli the lafting 
 peace and profperity of both nations. 
 
 To talk then of a federal Union at this time feemed only to put the queftion. 
 Whether the Parliament ftiould take the articles into confideration or no ? and 
 Uxis run all the oppofcrs back to the fchemes of thofe that were againft the 
 
 Union
 
 OF ENGLAND AND SCOTLAND. tjj 
 
 Union in general, and by this they loft ground ; for though they made a ftron'^ 
 oppofition againft the very reading the articles at all, and would gladly have 
 rejefted them in the grofs ; yet there were feveral of their friends left them, and 
 fo they loft the firft queftion, Whether the articles fhould be read, which wa3 
 carried in the affirmative, Oflober 3, the firft day of the meeting of Parliament, 
 as will appear by the minutes. 
 
 This was the firft ftraight they were brought to ; and therefore, to back thefe 
 two principles, they fet to work to procure a throng of addreffcs from the fe- 
 veral towns ; and which, it is vifible, they attempted to back with force, to awe 
 the Parliament into a compliance, as will hereafter appear. 
 
 Moft of thefe addrefles were worded to the famepurpofe, and in fubftance con- 
 tained a claim of the conftituents right, to limit and inftruft their commif- 
 fioners, — and a direction to avoid an incorporating Union ; fome of them were 
 decently prefaced with expreflions of courtefy to England, and willingnefs to 
 confederate or unite with them on other terms ; but protefted againft an incor- 
 poration of government, as contrary to their liberties, and deftrudtive to their 
 fovereignty and independence, the glory of their anceftors, the honour of the 
 ancient kingdom, and a great many fuch plaufible allegations, in order to make 
 the ground of tlieir addreffing feem the more fpecious, and to pleafe the peo- 
 ple : Others, lefs courteous, fpoke higher words and rougher language, talked 
 of their defending their Conftitution againft the invafion of ftrangers, reflefted 
 on their treaters, and their being wheedled and drawn in to give up their coun- 
 try, their liberties, &c. We fhall come to them prefently. 
 
 As the Parliament was now fitting, fo was the Commiftion. — This is a depu- 
 tation from the General Aflembly, being a certain number of Minifters, 
 impowered by an aft of the Aflembly, to meet in the intervals of their fefllon, 
 to take care of the affairs of the Church. 
 
 The tranfafbions within the Parliament, I refer to the Abftraft of the Minutes, 
 with Obfervations, immediately following this account, folio 285. But that 
 this account, which contains things done without doors, may run hand in hand 
 with the faid abftradt, it is neceflary to give an account what was tranfafting 
 in the Commiftion at the fame time, at leaft fo far as it relates to the prefent 
 affair. 
 
 It is obferved in the minutes of the 12th of Oiftober, that a motion was 
 made in Parliament for a public faft j which, however, was oppofed by thofe, 
 that fome thought had more inclination to the work of a public faft, than 
 thofe tiiat propofcd it ; however, as the Commiirion had been feveral days met, 
 the gentlemen in Parliament, who were againft the having a public faft ap- 
 pointed by Parliament, feemed to refer it to the Commifiion. 
 
 Hh It
 
 3J4 THE HISTORY OF THE UNION 
 
 It was indeed oppofed in the Comnninion of the Aflembly, for the fannc 
 reafons that it was in Parliament, viz. not for any diflike of fafting and 
 praying, but to prevent the alarming and amufing the people, which was the 
 principal work on foot at that time. However, not to negleft the work, or to 
 be found oppofing fuch a thing as praying to God, on whatfoever account, 
 it was moved in the CommifTion, that they fhould fet apart a time for them- 
 fclves to fall and pray, as Minifters aflembled onfo great an occafion; and that 
 a circular letter fliould be fent to the feveral Prefbyteries to do the fame in their 
 feveral diftrids. 
 
 The aft of the Commiffion, for this day of prayer, neither confined them 
 to a day, or prefcribed the manner ; the aft itfelf is to be found in the Appendix, 
 N A X, as copied from the original in the regifter. 
 
 There had been flrong rumours fpread abroad, that the Commiffion would 
 not aft, in this cafc^ without the General Afiemblyj but that they fhould 
 proteft againft the Union being concluded, till a General AfTembly was called j 
 and addrefs the Parliament to adjourn the debate of it, till the AfTembly fhould 
 meet, which was not to meet till April : Or, that the Lords of her Ma- 
 jefty's Council fhould procure from her Majefly, that the AfTembly might be 
 called fooner. 
 
 But as this was the contrivance of a party, only to gain time, and of a 
 piece with the delays offered at in the Houfe at the fame time, fo it met 
 with no encouragement in the CommifTion : Not but that there was too 
 ftrong a party willing to have befriended it, at that time, even in the Commif- 
 fion itfelf. 
 
 However, a very moderate and well-tempered addrefs was drawn up in the 
 CommifTion ; it was agreed to in the CommifTion the nth, but not prefented 
 till the 17th J in which they recommend to the Parliament the fecurity of the 
 Prefbyterlan Church of Scotland, and its doftrine, difcipline, worfhip and 
 government, to be fecured by the treaty, as you may fee by the addrefs itfelf^ 
 which is printed in the Appendix. N B x. 
 
 After this, the Commiffion was again prefTed about the fail; and more 
 Minifters being come to town, than were at firftj and coming with the fenfc 
 of the country people frefh in their minds, who were, by this time, every 
 where rendered very uneafy, the motion of a fall was renewed j and though 
 fome were againft a faft as national, yet, as no body was againft praying to 
 God on fo folemn an occafion, fo the Commiffion began with themfelvcs 
 as follows : 
 
 " Oftober 17th, It was agreed, that the Members of the Commiffion, with 
 ♦* fuch as pleafed to join with them, fhall convene in the High Church of Edin- 
 
 " burgh
 
 OF ENGLAND AND SCOTLAND. 235 
 
 *' burgh for prayer the day following; that the Moderator fhould begin with a 
 " ihortdifcourfe from the pulpit, concerning the occafion and reafonof thatmect- 
 ** ing, and the Minifters to pray, and the orders of the exercifc were fettled by 
 *' the Commiflion." 
 
 Accordingly, on the iSth, there was a very great congregation, where was 
 prefent many Members of Parliament, and the work continued till two of the 
 clock, very public and folemn ; but without any of the exceflcs which fome 
 people flattered themfelves to find there. 
 
 However, after this, the motion for a faft was brought on again, and carried 
 in the Commiflion on the 2ifl: of Oftober, as from the regifter follows. 
 
 " There having formerly been a motion made, for application to the Parlia- 
 *' ment for a public national fafl:, the matter was this day refumed, and much 
 " debate about it ; — the Commiflion being pretty full, it took longer time. — 
 " Some were for applying to Parliament for their civil fandion to it ; others that 
 " Prefbyteries fliould be wrote to, to appoint a faft, without applying to the 
 " Parliament J becaufe it was feared the Parliament might not be unanimous in 
 *' that matter ; and the mentioning of a faft there might perhaps, in the prefent 
 *' circumftances, be occafion of ftrife : and after long deliberation, it was un- 
 *' animoufly agreed to, that application ftiould not be made to the Parliament ; 
 *< and a Committee was named to bring in a draught of the paper about that 
 " faft; which Committee brought in the fame, in form of an a£b, upon the aad 
 *' of Oiftober ; and, after fome few amendments, the fame was unanimoufly 
 " approved." 
 
 This faft was obfervcd in Edinburgh very folemnly. — His Grace, her Ma- 
 jefty's Commiflioner, the Lord Chancellor, the great Ofiicers of State, and 
 many Members of Parliament appeared at church, and joined in it, though 
 the appointment had not the fanftion of the civil authorit}'^ to fupport it. — A 
 clear proof, by the way, of the Parliament's owning the power of appointing 
 fafts to be in the Church. 
 
 Yet was not this fuch a general national faft, as fome people defired ; hoping 
 to obtain upon the people, by the folemnity of the thing, and by the warmth 
 of the Minifters, who, they vainly ^xpefted, would, in the pulpit, run out 
 againft the treaty, bring the people to a general averfion againft it ; and, by 
 confequence, to fome violent meafures for preventing it. 
 
 But the prudence of the Minifters prevented all this defignedmifchief; and 
 though the day was, as I have faid, obferved with great folemnity and affedion, 
 yet it was to their great d'fappointment, that the Minifters generally, as well 
 thofe who were againft the Union, as thofe who were for it, in their refpeflive 
 parifties, applied themfelves only fummarily to the fubftance, nay, to the very 
 words of tTie AfTembly's aft, viz. " That all the determinations of the Eftates 
 
 H h 2 "of
 
 236 THE HISTORY OF THE UNION 
 
 " of Parliament, with refpefl to an Union with England, might be influenced 
 *' and dirc6led by Divine Wifdom, to the glory of God, the good of religion, 
 " and particularly of t-!ie Church of Scotland." 
 
 Thus the thing was carried through, except as hereafter, without the mif- 
 chievous effeft which fome expected from it, who now began to turn their ex- 
 pectations another way, viz. to the people, whom they had by various arts 
 fcrewed up to an unexpefted fermentation, as in the enfuing tumults appeared. 
 I am forry that in the procefs of this ftory, efpecially in this, which I count 
 the foulcft and blackeft part of it that could have been afted, I fhall be obliged 
 to mention fome perfons of great honour and ancient families, who were pleafed, 
 for reafons of their own, to aft againft the Union, and to appear fo publicly 
 in the oppofition of ir, that the people, I do not fay by their own approbation, 
 I hope not, fingled them out as the patriots of their country againfl: this tranf- 
 adtion ; and, by their fhouts 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 
 oppofed the Union. 
 
 The Dukes of Hamilton and Athol were the chief of thefe, and were almoft 
 every day in Parliament, ftrenuoufly arguing againft the articles, and prefllng 
 for other meafures, as by the obfervations on the minutes will appear. 
 
 The Duke of Hamilton being indifpofed by fome lamenefs, I cannot de- 
 fcribe the occafion, was generally carried to and from the Houfe in his chair. 
 
 The common people now fcrewed up to a pitch, and ripe for the mifchief 
 defigned, and prompted by the particular agents of a wicked party, began to 
 be very infolent. It had been whifpered about feveral days, that the rabble 
 would rife, and come up to the Parliament Houfe, and cry out. No Union ; 
 that they would take away the honours, as they call them, viz. the Crown, &c. 
 and carry them to the caftle, and a long variety of foolifh reports of this kind. 
 But the firft appearance of any thing mobbifh was, that every day, vyhen the 
 Duke went up, but principally as he came down in his chair from the Houfe, 
 the mob followed him, fhouting and crying out, God blefs his Grace for ftand- 
 ing up againft the Union, and appearing for his country, and the like. 
 
 And as extremes are generally accompanied with their contraries ; fo, while 
 his Grace the Duke of Hamilton had thefe fancied honours paid him, the 
 Queen's reprefentative, the High Commiffioner, had all the infults, reproaches 
 and indignities offered him that they durft, for fear of public juftice, fhew him, 
 as will by and by appear. 
 
 Far be it from me to fay, the Duke of Hamilton defired or encouraged this 
 tumultuary kind of congratulation ; that fort of popularity muft be too much 
 below a perfon of his character ; and his Grace knows the world too well, and 
 
 is
 
 . OF ENGLAND AND SCOTLAND. 237 
 
 is too wife a man not to know that fuch things always tend to confufion, and 
 to the dcftruftion of civil peace in the world. 
 
 Nor do I doubt but his Grace did what he could to prevent their fingling 
 him out, to fhew their mob-courtefy toj but there was no crufliing a rabble that 
 had fo many wheels to fet it in motion j and the feeming caufes of which in- 
 creafed every day, as the Union began to draw forward, and as the Members 
 appeared refolved to go forward with it feriouQy, in order to a conclufion. 
 
 On the 22d of OiStober, they followed the Duke's chair quite through the 
 city, down to the Abbey gate j the guards prevented their going 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 thoufand times as many ; 
 that they would pull the traitors, fo they called the treaters of the Union at 
 London, out of their houfes, and they would foon put an end to the Union. 
 
 On the 23d they made part of their words good indeed; for, as the Parlia- 
 ment fat fomething late, the people gathered in the ftreets, and about the doors 
 of the Parliament Houfe, and particularly the Parliament Clofe was almoft 
 full, that the Members could not go in or out without difficulty ; when Duke 
 Hamilton coming out of the Houfe, the mob huzzad as formerly, and fol- 
 lowed his chair in a very great number. The Duke, inftead of going down 
 to the Abbey, asufual, went up the High-ftreet, to the Land-market, as they 
 call it, and fo to the lodgings of the Duke of Athol. Some faid he went to 
 avoid the mob ; others malicioufly faid, he went to point them to their work. 
 
 While he went Into the Duke of Athol's lodgings, the rabble attended at the 
 doorj and, by fhouting and noife, having increafed their numbers to feveral 
 thoufands, they began with Sir Patrick Johnfton, who was one of the treaters, 
 and the year before had been Lord Provoft ; firft they aflaulted his lodgings 
 with ftones and fticks, and curfes not a few ; but his windows being too high, 
 they came up the ftairs to his door, and fell to work at it with fledges, or great 
 hammers j and had they broke it open in their firft fury, he had, without doubt, 
 been torn in pieces without mercy ; and this only becaufe he was a treater in 
 the Commiflion to England j for, before that, no man was fo well beloved as 
 he, over the whole city. 
 
 His lady, in the utmoft defpair with this fright, came to the window, with 
 two candles in her hand, that fhe might be known ; and cried out, for God's 
 fake to call the guards : an honeft Apothecary in the town, who knew her 
 voice, and faw the diftrefs flie 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 ftir, without the Lord Provoft's order ; but that being foon ob- 
 tained, one Captain Richardfon, who commanded, taking about thirty men 
 with him, marched bravely up to them j and making his way with great refa- 
 
 lution
 
 238 THE HISTORY OF THE UNION 
 
 lution through the crowd, they flying, but throwing ftones, and hallooing at 
 him, and his men, he feized the foot of the ftair-cafe ; and then boldly went up, 
 cleared the flair, and took fix of the rabble in the very aft ; and fo delivered 
 the gentleman and his family. 
 
 But this did not put a ftop to die general tumult, though it delivered this, 
 particular family; for the rabble, by this time, were prodigioufly increafed, 
 and went roving up and down the town, breaking the windows of the Members 
 of Parliament, and infultlng them in their coaches, in the ftreets ; they put out 
 all the lights, that they might not be difcovered ; and the author of this had one 
 great (lone thrown at him, for but looking out of a window ; for they fufFered 
 nobody to look out, efpeclally with any lights, left they ftiould know faces^ 
 and inform againft them afterwards. 
 
 By this time, it was about eight or nine o'clock at night, and now they were 
 abfolute mafters of the city ; and it was reported, they were going to fhutup all 
 the ports ; the Lord Commlffioner being informed of that, fent a party of the 
 foot-guards, and took polTefTion of the Netherbov/, which is agate in the mid- 
 dle 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 j the rabble went raving about the ftreets till midnight, frequently 
 beating drums, and ralfing more people ; when my Lord Commlirioner being 
 informed, there were a thoufand of the feamen and rabble come up from Leith; 
 and apprehending, if it were fuffered to go on, it might come to a dangerous 
 head, and be out of his power to fupprefs, he fent for the Lord Provoft, and 
 demanded that the guards fliould march into the city. 
 
 The Lord Provoft, after fome difficulty, yielded ; though it was alledged, 
 that it was what never was known in Edinburgh before. About one o'clock in 
 the morning, a battalion of the guards entered the town, marched up to the 
 Parliament Clofe, and took poft in all the avenues of the city, which pre- 
 vented the refolutlons taken to infult the houfes of the reft of the treaters. 
 
 The rabble were entirely reduced by this, and gradually difperfed, and fo 
 the tumult ended. 
 
 It Is not eafy to defcrlbe here, the confternation all good people were in, at 
 the rifing of this tumult ; and had not fuch refolutions been at laft taken, as is 
 above-mentioned, which the other party did not expeft, it had been the fatalleft 
 rabble the nation had ever feen. 
 
 In this cafe my Lord Commiflioner greatly difappointed the party, who, hav- 
 ing infulted his Grace's lenity before, as a faintnefs of rcfolutlon, had fpread 
 about fcandalous reports, that the Government durft not look the rabble in the 
 faccj that the High Commlffioner was afraid of being rabbled in his palace; 
 
 and
 
 OF ENGLAND AND SCOTLAND. 
 
 2J9 
 
 and that, if they once rofe in a mob, all would fly before them; that the Par- 
 liament would run away, and diflTolve themfclves, or fly to the caftle ; and 
 another worfe thing than all, viz. that the foldiers were on their fide, and 
 •Would not fight againft their country, as they called it. 
 
 But the refolution of the Lord CommifTioner dlfappointed them all, who now 
 {hewed them, he had as much cheerful bravery in the aftion, as he had calm- 
 nefs and temper in the Parliament ; this broke all their meafures ; and when 
 they faw the guards, led by brave and faithful officers, (land firm to their duty, 
 and (hew themfelves refolutely forward to defend the Government, tliey loft all 
 their courage ; it defeated all their expectations, and they began to lay afulc 
 that fort of violent proceedings, and apply themfelves to the artifice of words, 
 and the managery of parties in the houfe. 
 
 It is to be obferved alfo, that this rabble was a mine fprung before its time, 
 which blew backwards, and deftroyed the engineers, rather than the enemies ; 
 the plot being otherwife laid, viz. that it fhould not have broken out, till fome 
 days following ; when, as was faid, all would have been in readinefs, to have 
 finilhed the work at one blow, viz. to have blown up the Government at once. 
 
 They had been tampering with the foldiery, in order to debauch them from 
 their duty ; and fome people talked of retiring from the Parliament, and of 
 fome great men heading the people; which, had their patience been more, 
 and their conduct a little more fecret, they had, without doubt, effeftually 
 brought it to pafs ; but they blew their own projeft up by their precipitation, 
 and fo faved their country by their very attempt to deftroy it. 
 
 The author of this had his fhare of the danger in this tumult, and though un- 
 known to him, was watched and fet by the mob, in order to know where to find 
 him, had his chamber windows infulted, and the windows below him broken 
 by miftake. But by the prudence of his friends, the ihortnefs of its continuance, 
 and God's providence, he efcaped. 
 
 Several of the rabble were feized upon and apprehended ; and there was a 
 difcourfe of making examples of fome of them; but the mercy of the High 
 Commiffioner, however provoked and abufed, prevailed to compaffionate, ra- 
 ther than punilh their follies. They were only kept fome time in prifon, and 
 afterwards let go, without any other punifhment. 
 
 And thus ended the moft dangerous jundure of the whole treaty, and a 
 tumult, which ended to the advantage of the Government, and the difliearten- 
 jng the party, who, before that, carried it with fuch an unheard-of infolcnce, 
 that had they not been as they thought, fure of their caufe, they would never 
 have anfwered it to their own difcretion, to have afted in fo open and infult- 
 ing a manner. 
 
 The foot guards, and two other regiments of foot, did now conftant duty in 
 
 the
 
 240 THE HISTORY OF THE UNION 
 
 the city, viz. the regiments of Strathnaver and Grant; the horfe-guards at- 
 tended the CommifTioner,, the odier battalion of guards at the palace, and the 
 garrifon at the caftle. 
 
 And all was little enough ; for the regiments were thin and few ; and aH 
 the forces then in the kingdom, fome independent companies in the Higlilands 
 excepted, did not exceed three thoufand men ; and great endeavours were 
 ufed, as I have faid, to debauch the foldiers, though in vain; they appearing 
 faithful and forward to do their duty on all occafions. 
 
 The next day the Parliament did not fit; but a great Council was affem- 
 bled, where the meafures the Lord Commiffioner had taken, as to bringing the 
 guards into the city, was ratified and approved, and a Proclamation publilhed 
 for fupprefling the rabble, which being fomething particular, is inferted in the 
 Appendix, No. CX. 
 
 I have printed this Proclamation, though this work could very ill fpare 
 room for it; both becaufe it recites the a£ts of Parliament in Scotland in force 
 againft rabbles ; as alfo, for that the method is particular to that place, and 
 very good to prevent tumults, viz. i. Of obliging the Deacons of Crafts, that 
 is, as in London, the Mafters of Companies, to fummon the inhabitants, and 
 make them give fecurity for the behaviour of their fervants, apprentices, &c. 
 2. Giving an indemnity to the foldiers, either of the regiments, or town- 
 guards, in cafe they fliould wound or kill any perfon, after a command given 
 for all to retire from the ftreets. 
 
 Indeed there was occafion enough for fuch a Proclamation ; and had not the 
 party been broken, as before, all would have been little enough to have fup- 
 preffed the fury of this enraged multitude. 
 
 No body would undertake to juftify the rabble, efpecially after they had 
 been defeated in their defign. Every body cried out it was a dangerous 
 thing ; and the whole city might have been expofed to plunder, riot, and all 
 manner of diforder. 
 
 But as the party could not juftify the rabble, fo they began a new clamour j 
 and now they exclaimed, that the privileges of the city of Edinburgh were in- 
 vaded, and foldiers brought in, to awe and opprefs the inhabitants. 
 
 That this had not been done in fixty years before, nor ever but in the time 
 of war and tyrannic government ; and that it was a forerunner of the flavery of 
 the nation. 
 
 Then they cried out, this was an invafion of the freedom of Parliament, 
 and an awe upon the Members, &cc. See the minutes of the 25th of 0(5lober, 
 where that matter was urged very warmly. 
 
 It is true, it had been to be wilhcd the affair could have been carried on with- 
 out any jealoufies and infults ; but on the other fide it was alledged, that the 
 4 force
 
 Q F^ E N G L A N D'. A N D:[ 6- C O T X A N D. 241: 
 
 force put on the Government by. the rabble, was an invafion of the public 
 peace; and that the mob were the aggreflbrs, and the' Parliament was much 
 more likely to be awed by the ungoverned rabbles of the flreets, if they had 
 gotten a head, than by the forces brought in for their fecurity, who being at 
 their command, did nothing but fecure them from the infults of the mob, and 
 keep that peace which the civil authority had not power to 'prefei^ve. 
 
 That the military power is always fuppofed to be afllfting to the civil, when 
 oppreffed by rabbles and tumults, and while in fubfervience to the civil peace, 
 and fubordinate to the civil powers, the proper fafeguard of a ftate; and as the 
 force of thefe arguments carried all things before them in the Houfc, all the 
 legal pretences were overthrown by the 'reafon and nature of the thing, and the 
 Parliament approved of all that had been done. 
 
 Nor did they approve it only i but ordered the giiards to be continued, or 
 recommended it to th$ Xord High Commiffioner, and the^rivy Council to 
 edntinue their care fdr"t'he fafety and' fecurity' of the Parliament. Vide tlie 
 minutes of Qftober i'^.- . 5*iJ -^^^'i* ji-^-' - ->• ^- ; 'i- ^^ 
 
 However, by this method theapp^SriiVce orthe rabbles, and the fury of the 
 ftreets, were in fome' meafure abated,' yet the people appeared exafperated to 
 the lafl degree. The huzzaing and crowding about Duke Hamilton continued, 
 notwithftanding all his fendeavouf s td j^revent it j "'and unufual threatenings and 
 dairkfpeeches' were heard among me people.^ 
 
 The Lords and other's,' Who oppofed'the placing guards in the ffreets, made 
 protefts againfl: it, as infringing the liberties of the Parliament j thouo-h it was 
 very plain, that there was nothing impofed in Parliament, nothing offered to be 
 carried, but by reafoning and fair voting.' " ~ ■ . • 
 
 From this time they began to talk of .country tumults j and that fince the 
 Commiffioner had fuppreffed the mob in the town, the whole country fhould 
 rife and come up to Edinburgh, and remove the guards by force from im- 
 prifoning the Parliament. 
 
 The pretence was fpecious ; they pretended the guards were a force upon 
 the Members of Parliament'; that this was cramming the Union down their 
 throats; that the country was unanimoufly againft it, and would not bear that 
 a few people in the Houfe, becaufe they had the majority within doors and a 
 band of foldiers to back them, fhquld impofe a conjundlion with En^^land upon 
 them, whether they would or no.. Any body may judge what a time this was 
 when every-day the town was alarmed;. to-day the Korth was up in arms, to- 
 morrow the Weft ; to-day fuch a {hire, to-morrow another, the next day a 
 third ; Glafgow, Dumfries, Hamilton, Perth, all the places which the imagina- 
 tion of the people diftated, and the fears of others apprehended. 
 
 It is impoffible to exprefs the confternation of the people. Thofe that wifhed 
 
 I i well
 
 a42 THE HISTORY OF THE UNION 
 
 •well to the public peace, and who faw, that a commotion at this time muft im- 
 mediately involve the nation in war and blood, not with England only, but 
 with one another ; thefe trembled for fear of the defolation of their country, 
 the blood and ruin that always attend^. civil wajr,-and the danger ofthe lives o£ 
 themfclves and their relations. r'; "•.;'^->^ l':d onir' .'.irrfrrf : •:'. ■: 
 
 Thofe wlio looked ferioufly into the drift of fome of that party iwiho moffi 
 eagerly pulhed on thefe diyifions, who faw how die intereft of a Popilh, a Jaco- 
 bite, and a perfecuting bloody generation, lately extinguiftied, and now full 
 of hopes, was twifted, and all joined in ant^-union principles, could not but be 
 heartily concerned for the eftablifhed religion and Proteftant Church, which 
 they mufl have been wilfully blind, who could not fee was plainly ftruck at, by 
 the oppofers of this treaty. 
 
 To fee others, whofe defj^ns could not be fufpedted of ai^y thing to the detri- 
 ncLent of either religion, or their native country, yet joinjngblindly with a wicked 
 and degenerate race, and feeming to approve the fteps which were taken to th,e 
 ruin and deftrudtion of both ; to fee thefe fhut their eyes againft the plain difoo- 
 veries of a ftated refoiution againft both liberty and religion, and encourage, nay 
 in too much joi^ with them who were known CAemies both to the national 
 Church and Proteftant fyccefllon ; thefe J fay were yery melancholy things, 
 ^5?hen the profpeft of them was fo near to .thofe who vyerc fjncerely concerned 
 for the peace of the country, and the fafety of the reforoied religion.— And 
 people went up and down wandering and amazed, expeding every day ftrange 
 events; afraid of peace, and afraid of vyar;— many knew not which way to fix 
 their refolutions; they could not be plear.fpr the Union j yet they faw 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 againfl; 
 the Union, on a principle of juftice and honefty, as earneftly as others were 
 againft it on a principle of treachery to their country; fome were firmly pof» 
 feffed, that they were under national engagements, which, in the nature of 
 them, claftied with the Union ; and that therefore, however it might be necef- 
 fary for the fafety and peace of either Church or nation, they could not get 
 over thofe obligations, or confent to this evil, that the other good might come; 
 and however thefe might, in the confequence of the thing, countenance the 
 wicked foundation, on which the otlier aifted; yet I cannot but do them that 
 juftice, that I believe, they were far from the leaft intention to encourage the 
 ftengthening a parry, whofe principle was French government, and a Popifti 
 fovereign. I will not anfwer for indifcrction, or errors in temper in fome; nei- 
 ther will I be fo unjuft as to call every wrong ftep an error of principle, and 
 every miftaken man a plotter againft his country. 
 
 ■► This
 
 OF ENGLAND AND SCOTLAND. 
 
 243 
 
 This was the unhappy divided condition of this people, at the beginning of 
 the treaty. The divifion was fo general that it fpread through every part 5 the 
 gentry were divided ; the common people divided ; nay the very Minifters were 
 divided; Parliament, AiTembly, court, city, counties, towns, nay almoft 
 every family were divided ; and, as the event began to be feared on every fide, 
 people flood ftrangely doubtful of one another. 
 
 The Commiffion of the Aflembly hitherto carried, as before noted, with a 
 great deal of prudence and moderation ; and though there were fome unhappy 
 ftruggles there, which perhaps were pointed by the fame party at making a 
 breach ; yet, as they came to no head, and were foon cruflied by the wifdom 
 and condudt of the reft, I fhall not preferve the memory of them to pofterity: 
 the general proceedings of that reverend body being always tempered withmo- 
 defty, calmnefs, and difcretion, at the fame time that they were anxioudy con- 
 cerned for the fecurity of the foundation on which they ftood, and had the whole 
 weight of the Church of Scotland's fafety Upon their hands. 
 
 They had addrefled the Parliament, that care might be taken of the Ciiurch 
 in the treaty j and had been afilired, they fhould have their expeftation fully 
 anfwered. 
 
 And I cannot but remark here, that the foundation of this treaty herein ap- 
 peared to have been wifely laid ; — the underftandings and well-poifed judgments 
 of its firft contrivers was very confpicuous, in leaving the refpedlive Parlia- 
 ments a full liberty, fo to eftablilh the feveral Churches, as that all the fecurity 
 they could demand, one againft the other, fhould be granted them; that every 
 root of jealoufy might be pulled up, and there might be no room for the fowers 
 of difcord to begin here, where they always ufed to begin, and from whence 
 all the mifchiefs of former diffenfion ufed to flow. 
 
 The Parliament had alfo been encouraged by the Queen, in her Majefty's 
 letter, (Vide fol. 214) at the opening this feffion, to form fuch fecurity 
 for the Church-government, as might fully eftablifh the national Church 
 of Scotland ; for the Queen having, by long experience, and the former con- 
 tention on both fides, feen that an Union of principles was no rriore to be ex- 
 pected : — but plainly feeing alfo, that, with the alTiftance of mutual charity, 
 that difference in principle might be confifting. with an Union of interefls and 
 afFeiftion among her people, faw, at the fame time, that the only way to efta- 
 blifh this peace was,- to form fuch fecurities to both Churches, as might for 
 ever remove all juft ground of jealoufies from among them, take away the 
 fufpicions, a-nd fhut all the doors againft the fears, which either had entertained 
 of each other; and which wicked men daily took hold of, as handles of con- 
 tention, to keep open an eternal breach, and keep us always divided, Ephraim 
 againft Jiadah, and Judah againft Ephraim, ever vexing and envying one 
 anotiier. 
 
 I i 2 In
 
 244. THE HISTORY OF THE UNION 
 
 In this poflure, I fay, flood the affairs of the Church j when, in the interval 
 of time between the firft addrefs to the Parliament and the fecond reading of 
 the articles, vide minutes, folio 288, an overture, or draught of an aft for 
 the Church, was conceived, and on the of was prefented to 
 
 the Houfe. 
 
 I fhall not enter into a long debate which arofe liere, both without doors and 
 within, I . As to the fufficiency and infufficiency of the overture, which, in 
 feme part, may be anfwered, by faying, it received fome amendm.ents or addi- 
 tions afterwards, at the paffing into an aft. Or, 1. As to any aft of Parliament 
 being a fufficient fecurity for the Church ; that objeftion being raifed at firft, 
 not by fuch as defigned a better fecurity, but by I'uch as really defigned no fe- 
 curity at all, for the ecclefiaftical eftablilhment in this nation : it is hard, that 
 we muft be forced to diftinguifh the difputes in this cafe, by diftinguilhing the 
 perfons ; for there being feveral parties here, and of feveral principles, who all 
 feemed to make but one party againft the Union, it was abfolutely neceffary to 
 examine who was for this, or that argument ; and, by the man, the reafon of 
 his argument, was to be diftinguifhed. 
 
 This unriddled the myftery, which appeared in the debates of this time, 
 when thofe that had really leaft kindnefs for the Church, were the loudeft, and 
 appeared the moft zealous for her fecurity : nay, thole that never owned or 
 acknowledged either her difcipline, or government, never fubmitted to her 
 judicatories, or joined with her worfhip, were now every day crying out of want 
 of fecurity, expofing the Church to the votes of the Bifhops in the Britifh Par- 
 liament, and giving the Epifcopal Church of England the afcendant over the 
 Prefbyterian Church of Scotland. 
 
 This language could be no otherwife underftood, but by diftinguilhing the 
 people that fpoke it ; the very party were hieroglyphics to the dialeft ; and he 
 muft be blinder than moft people are, in this intelligent age, that could imagine 
 thefe people fpoke this from a true defign to obtain for the Church a further or 
 better fecurity, fo much as to embarrafs the Church and the State, embroil the 
 Parliament with the Commiftion ; and either prevent its being finiflied 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 difcourfing or reafoning upon them, but had not yet come 
 to any vote ; the tumult at Edinburgh was blown over, without the expefted 
 event; we ftiall now fee, that it was not in Edinburgh alone, that a tumult was 
 defigned, but fteps were taken, and indeed politicly enough, to have the gene- 
 ral fenfe of the kingdom to run in the fiime channel. 
 
 To this end, addreffes were fet on foot, in feveral parts of the kingdom, 
 againft the Union : 1 fliall not pretend to crowd this book with the particular 
 
 addreffes
 
 1 OF 'ENGLANDAND SCOTLAND. 245 
 
 addrefTeSj though foine of them are remarkable enough ; however, I {hall give 
 fpecimens of feme 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 
 Boroughs ; becaufe fome gentlemen, efpecially in England, having valued their 
 opinion frorn thence, as if it were the fenfe of the whole nation, it is a little ne- 
 ceflary, towards clearing up this point, that though the people were fcrewed 
 up to a moft unexpected, and indeed unaccountable averfion ; yet that, in the 
 whole, the main body of the nation did not run the length which fome of their 
 leaders defired of them, and which they would have had paffed as their a<ft and 
 deed. 
 
 The Royal Boroughs have a cultom in Scotland, that they adt in a body, 
 and have a convention, or reprefentative of their own, which meets upon occa- 
 fion at Edinburgh, and are convened by the Lord Provoft of Edinburgh : to this 
 convention every Borough fends one iVIember, and the Borough of Edinburgh 
 two ; their whole reprefentative is fixty-fix in number. Now the calculation 
 which was 0;bfervable here, was in the number and quality of the Boroughs, which 
 voted in the convention ; the addrefs was carried by four voices indeed, but 
 the ftate cf the cafe is thus : Of fixty-fix Boroughs, twenty voted againft ad- 
 drefilng, and twenty-four for it j the reft were abfent. But take the quality of 
 the Boroughs, to make the calculation by, and there the thing will difcover itfelf 
 as follows : 
 
 Take the Boroughs tliat refufed to addrefs, and thefe that did not think it 
 worth while to appear ; and the majority againft the addreflers, is, by the pro- 
 portion of their cefs, as eighty-fix to fourteen. Nay, fuppofe all thofe that did 
 not, appear to be affirmatives, though that be altogether improbable, and that 
 they would have been for the addrefs, yet the proportion had been, as thirty-one 
 to fixty nine. 
 
 But if the rate of the cefs be not a juft eftimate of the value of the Boroughs, 
 though I can prove it was the original of their right of being Boroughs ; then I 
 refer to any man to calculate the inhabitants and number of free-men in each 
 Borough, and he will find the twenty Boroughs that refufed to addrefs, have 
 more inhabitants in them, than both the twenty-four that addrefl"ed, and the 
 twenty-two that were abfent, the city of Edinburgh excepted. 
 
 So that, upon the foot of this calculation, though the addrefs may legally be 
 called the addrefs of the Boroughs ; yet it did not follow, that the trading part 
 of the nation had addrefled, or were againft the Union ; for that, in an arithme- 
 tical calculation, or a calculation upon value and payment of taxes, the far grea- 
 ter number oppofed the very addrtffing at all. 
 
 This is obferved here, in order to clear up a point hereafter, which will re- 
 quire a like kind of calculating on the foot of the whole nation. 
 
 The
 
 246 THE HISTORY OF THE UNION 
 
 The Boroughs however, by this feeming majority, did addrefsj and becaufe 
 the faid addrefs is very particular, and contains in it all the popular argu- 
 ments, which the enemies of the treaty had blinded the people with, as before; 
 particularly of the furrendering the fovereignty and independency of the nation, 
 and fubjedling their religion, church- government, claim of right, laws, liber- 
 ties, and trade, to be altered or fubverted by the Englifli in a Britifh Parlia- 
 ment ; for this reafon I have given you the addrefs itfelf at large in the Ap- 
 pendix, No. DX. 
 
 I cannot, I confefs, but wonder how if was poffiblc to hnpofe things fo ab- 
 furd upon a whole nation ! And how fo great a people, fo clear-fighted, and 
 wary in all other cafes, came at this time to run fo apparently upon a plain- 
 miftake ! Since, as nothing is more plain than that the articles of the treaty, 
 iHid confequently the great heads mentioned in the above addrefs, cannot be 
 touched by the Parliament of Britain ; and that the moment they attempt it, 
 they diflblve their own Conftirution ; fo it is an Union upon no other terms, 
 and is exprefsly ftipulated what fhall, and what lliall not be alterable by the 
 fubfequent Parliaments. And as the Parliaments of Britain are founded, not 
 upon the original right of the people, as the feparate Parliaments of E^ngland 
 and' Scotland were before, but upon the treaty which is prior to the faid Par- 
 liament, and confequently fuperior ; fo, for that reafon it cannot have power to 
 alter its own foundation, or aft againft the power which formed it, fince all 
 conftituted power is fubordinate, and inferior to the power conflituting. 
 
 This is {o clear, and has been fo often inculcated in this very cafe, and is fa 
 unanfwerably ftated in the very a6ls of Parliament themfelves, ratifying the 
 treaty, that I need fay no more to it here. 
 
 But it was a ftrange time now, and there was no making the leaft impreffion 
 upon the minds of the people, already prepoflefled. Nothing was to be heard 
 now, but of flavery to the Englifli — running away with the crown — taking away 
 their nation, and the like : and it was impoffible to ftem this tide of diftrac- 
 tion for a time. It is true that the generality of the people came off from this 
 delufion at laftj and the un^lrerablenefs of the Union, if finifhed, began to ob- 
 tain a little upon the fenfcs of the people. The truth is, the dcmonftration of 
 the thing was fo vifible, that it could not but prevail; and the bcft and moll 
 judicious beginning to fee into it, the refl: of the people began to fink under 
 the power of the convidtion, and fo by degrees the fcruple began to wear off. 
 
 Nay, the fame people who firfl argued againft this truth, viz. Of the Par- 
 liament of Britain's not being able to invade the treaty, took it up themfelves 
 afterwards, when it ferved their turn, and llrongly urged it againft confenting- 
 to the church-eflablifliment on the Knglilh fide, fince it was a confiniiing the 
 Epifcopal power, and fctting it up above the power of a Parliainent to pull 
 
 down.
 
 OF ENGLAND AND SCOTLAND. 247 
 
 down. So freely -will men accept of an argument when it ferves their occa- 
 fion, which they will rejedt while it feems to oppofe their intereft. 
 
 In the ruins of tliis luggeftion, another ftarted up; which, as it was capable 
 of being cmbarrafled with greater doubts, and with fome had infuperable diffi- 
 culties J fo, had not the moderation of the minifters interpofed, it might have 
 been of far worfe confequence in this cafe ; and this was a fcruple againft the 
 Union in grofs, as being direflly againft, and inconfiftent with the Covenant ; 
 and that therefore it could not be entered into, without incurring the guilt of 
 national perjury. 
 
 This brought the Church into the general appearance againft the treaty ; 
 nor will I fay but that great means were ufed, if pofTible, to bring the Com- 
 miffion then fitting, to declare againft the Union upon this account. 
 
 This was a great trial of fkill ; and I fay this rofc out of the ruins of the 
 other fcruple, becaufe it was forcibly enough alledged, that if the conftitution 
 of this treaty was fuch, that no alteration could be fuffered, and that not the 
 Parliament of Britain could infringe one article of it, then this for ever fhut the 
 door againft the poffibility of their affifting to reform the Church of England, 
 which they alledged, by their Covenant, they were bound to ufe all lawful en- 
 deavours to perform. 
 
 This, and fubmitting to the jurifdiiftion of the Biftiops in England, and who 
 were to fit ftill in the Britifh Parliament, and thereby owning the agency of 
 Ipiritual men in civil employments, they alfo alledged was againft the Cove- 
 nant; and confequently, if the nation went into this Union, they incurred 
 direftly the guilt of national perjury; and I allow, that a great many good and 
 valuable people were very melancholy upon this head, and fome are not eafy 
 in it to this hour. 
 
 I cannot pafs this thing here, without fpealcing to it ; becaufe I foreiee daily 
 difputes do ftill arife upon this head, and are like to do fo every day, and I 
 (hall not interrupt the thread of the ftory by it at all ; rather it will feem necef- 
 fary to be confidered, in order to carry on the courfe of the ftory, fome of 
 which, particularly at this very jundture, very much depends upon it. 
 
 I am not at all entering here upon the obligation of the feveral Covenants 
 engaged in by the people of Scotland ; it is neceflary here, for argument lake, 
 to allow them to be obligatory in as large a fenfe as can be defired. 
 
 As to the being obliged to reform the Church of Chrift, in the whole idand, 
 it is granted here by the moft fevere affertors of the Covenant's obligation. 
 
 I. That, as is exprefled, they are to ufe all lawful means only ; and that they 
 are not to ufe any fuch thing as force. 
 
 And the Reverend Dodtor Rule, a divine of great candour and learning, and 
 
 Principal of the college of Edinburgh, has ftated this obligation very diftindtly, as 
 
 follows : 
 
 « What
 
 248 THE HISTORY OF THE UNION 
 
 ^' What we are bound to by the Covenant, is not to reform them, but to con- 
 " cur with them, when lawfully called, to advance reformation ; and it is far 
 " from our thought to go beyond that boundary, in being concerned in their 
 «' affairs; we wifli their reformation, but leave the managing of it to them- 
 " felves." Doftor Rule's fecond Vindication of the Church of Scotland, p. i6. 
 
 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 national reformation, not- 
 withftanding the Union; nay, they will be better qualified for it now than 
 ever ; in fo far as they will, I hope, always have the afTiftance of all good men 
 in the South, both diffenters and churchmen, to encourage them. 
 
 As to the civil power of churchmen, or in Englifh, the Bilhops voting in 
 Parliament, and its being declared againft in the Covenant ; I will not difputc 
 the fuggeftion, whether it be againft the Covenant or no ; the difcord lies here. 
 
 One party fays, it is exprefsly againft the Covenant ; and that the yielding to 
 it, and yielding to have the Church of England eftabliftied by] the treaty, is 
 fetting up that very power they were fworn to reform to the ucmoft of their 
 power, in all lawful means j and thefe are the particulars in which, they fay, the 
 Union is a breach upon the Covenant, and has brought the nation into the 
 dreadful fin of public perjury. 
 
 The other fay, 
 
 1. They are not guilty of national perjury; for that they conceive, the 
 Union does no way oblige them further, than as before, in the fenfe of Doftor 
 Rule, to concur with all lawful methods for reformation, and to clofe with all 
 opportunities, which fhall be put into their hands for the purpofe ; and this they 
 are yet as free to do as before. 
 
 2. As to their confenting to the Aft for the Security, &c. of the Church of 
 England, it is nor againft the Covenant, fince it is not erefting a church; nay, 
 it is not in the leaft a recognizing or acknowledging them that are erefted ; but 
 it is a letting that be v/hich was before, and which they had no lawful call (the 
 thing exprefsly mentioned in the Covenant) to concern themfelves in altering. 
 They were not legally called to it, for they were legally, at this time, excluded 
 on either fide, from meddling in the refpedtive fettlements of the Church, by 
 the Queen's power. 
 
 And, at laft, they alledge, that, in fo far as the Covenant engages them 
 againft the civil power of churchmen, they did exonerate themfelves fairly, in 
 their public protell againft the votes of the Biftiops, viz. The Reprefentation 
 and Petition, rejecting as far as in them lies all fubmiflion to their faid power; 
 and that they conceive, being not called to any other oppofition, they have fully 
 difcharged their duty as a nation, and have to tlie utmoft of their power op- 
 pofed it. 
 
 I think this a clear though a fliort ftate of the queftion ; and fome of the moft 
 
 confcientious 
 
 I
 
 OF ENGLAND AND SCOTLAND. 249 
 
 confcientious and pious of both Minifters and people, on one fide, thought the 
 cafe of the Covenant clear in this point. 
 
 I know there are others dilTatisfied (till, of whom I have only this to fiy : If 
 they are certain it is a national crime, I wifh they would apply themfclves to 
 national humiliation, and be found of them th:it ftand in the gap, to prevent 
 God's judgments, rather than forgetting that part, fill tlie days with their 
 complaint of the fin, and only apply it to make the people uneafy at the occafion. 
 
 The Union is finifhed : even breaking it again, if that were in their power, 
 would not undo the crime, if it be one j and would at the fame time involve 
 their country in a thoufand calamities, blood and diftreffes. 
 
 I cannot be fo uncharitable as to think, any man that raifes the fcruple we 
 are now upon, would be willing to be thought to be moving the nation to break 
 this new and moft folemn conjuniftion, and fall all to pieces again : I would 
 then afk. To what end are public exclamations and excurfions of the tongue 
 about it ? They can tend to nothing but to keep the people in a continual 
 alarm, keep their minds in a conflant perturbation and uneafinefs ; and it is a fad 
 work for any man to be employed in, merely to diflurb and diftradl his country. 
 
 While thefe things were debating at Edinburgh, the affair grew flill darker 
 and darker all over the kingdom j and they were far from carrying it with equal 
 temper and moderation in other places. 
 
 In the Weft, the people called Cameronians began to be apprehended as 
 dangerous, and that cloud was diligently reprefented as very black ; that, ac- 
 cording to the rafh wifhes of fome people, whofe endeavours too had not been 
 wanting, they would fall into fome defperate aftion or other on this account ; 
 — the prejudices againft the Union had reached them very early ; nor was it to 
 be fuppofed that thofe people who were fo diligent to alarm the country every 
 where againft the Union, and polTefled them with fears and jealoufies of their 
 liberties, trade, crown, and religion, would fail to fall to work in thefe parts, 
 where they muft needs know, the general charafter of the people was, to be tena- 
 cious of their opinions ; and far from being always prefcribed by the moft prudent 
 and moderate councils. As to other places, the arguments were fuited to the 
 people i as to fome the lofs of trade, to others taxes, to thefe the liberty, to thofe 
 the fovereignty of the nation, fo to thefe the great pretence ufed was religion, 
 the danger of, not the Church, for that many of them did not fubmit to or ac- 
 knowledge, but religion in general, and thefe two heads in particular — the le- 
 turn of prelacy, and the breach of the Covenant j however, they had all the 
 very fame things in their allegations. 
 
 In carrying on the defign of enflaving thefe poor people, great artifice was 
 ufed ; and, as if they had been prepared for the defign before-hand, tiiey waited 
 till the articles were printed, which were formed by the treaters in England, 
 
 and the feveral minutes of the treaty. 
 
 K k When
 
 45© THE HISTORY OF THE UNION 
 
 When thefe were feen, a number of thefe people got together; and though 
 they were not the number by far, as was diligently reported, in order to make 
 them formidable; yet the beginning might have been dangerous enough if it 
 had heen pufhed on further ; what number they might really be in other places, 
 I could never learn fo particularly, as to venture aflerting it : but about two 
 hundred men, in a tumultuous manner came to the town of Dumfries, a fea- 
 port on the weft fide of Scotland, about twenty eight miles from Carlifle; 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 Commiflioners of the treaty, and fixed another 
 paper of their own upon the crofs; and having done thus, they marched off and 
 difperfed themfelves peaceably. 
 
 This paper indeed was no lefs feditious in its nature, than the attempt was 
 infolent and daring. 
 
 When the report came to Edinburgh of this tumult, the concern of thofe who 
 wifhed well to their country, was very great, and wife men began to give the 
 defign of the treaty for loft ; they knew the unhappy temper of thofe honeft 
 people, for fuch, however, I muft call them, becaufe I believe their intention 
 is religious and honeft, though they may be miftaken, and, no doubt, are mif- 
 taken in their principles, about government and obedience; but, as they knew, 
 I fay, the temper of thefe people, how tenacious of their own fentiments, and 
 how precipitant in tlieir profecution, it bred no fmall concern in the minds of 
 all people, who were inclined to peace ; concluding, that the party, who oppofed 
 the Union from worfe principles, had gained their point, viz. to employ the 
 hands of Proteftants, one againft another, in this difpute, and make the honeft 
 meaning, but warm people, the tools to ruin both themfelves and their country. 
 
 There were not wanting, at the fame time, people, who diligently fpread 
 extravagant rumours of the numbers of thefe people ; fome faid, that there were 
 fix thoufand men in arms at the place ; others, that two thoufand horfe only 
 came into the town ; and that five thoufand foot ftood ready, in the hill coun- 
 try, to march with them, as occafion fhould require : others, that the whole 
 body of them were up ; and that the whole Weft was in arms, and at leaft twelve 
 thoufand of them were to march for Edinbursrh, to raife the Parliament ; and 
 that they Iiad publicly declared, they would facrifice the treaters, as betrayers of 
 their country, and fellers of her liberty and fovereignty. 
 
 To back thefe reports, the paper they fixed up at Dumfries was officioufly 
 printed ; and at the end of it, a poftfcript, fignifying, that this paper was pub- 
 licly read from the Market Crofs at Dumfries, about one of the clock in the af- 
 ternoon, on the twentieth of November, one thoufand feven hundred and fix, 
 with great foleinnity, in the audience of many thoufands ; the fire being fur- 
 rounded with double fquadrons of horfe and foot in martial order. 
 
 4 The
 
 OF ENGLAND AND SCOTLAND. 251 
 
 The printing of this paper was refented by the Government, and the printer 
 fled from their hands for the prefent; but this, as all other infulis of this nar 
 ture, were no farther profecuted, the Government choofing rather to pity and 
 overlook the follies of the people, on this occafion, as what they faw was po- 
 liticly enflamed by a party, who only fought to embroil the nation, and brin"- 
 the bed of the people to fall out with one another, that the gair.e mio-ht be 
 made up out of the deftrufbion of both. 
 
 By this poftfcript above, may appear to any unbiafTed perfon, the artifice 
 made ufe of to magnify every ftory, to increafe the terror of the people, and, if 
 poflible, to encourage the like conuifions in other places; for, as to the fad, 
 'tis true, there were a rabble of country people, to the number as above, of 
 about two hundred j I could never find that they deferved to be called more ; 
 that there was any fuch thing as fquadrons or companies, either of horfe or foot, 
 or any martial order, fuch as officers or commanders, or any thing like troops, 
 was a manifeft forgery, on purpofe to amufe the nation, and make the people 
 believe what they really had fome ground to fear. 
 
 I muft alfo do thofe people in the Weft this juftice, that, though great en- 
 deavours had been ufed to exafperate them, and they were heartily againft the 
 Union, as appeared, upon all occafions ; but when they came to fee a little 
 into the hands that were at work againft it, and with whom they were like to 
 join, even the hotteft among them came to themfelves, and to give them their 
 due, they behaved with great calmnefs and difcretion ; nor could they be 
 brought into any precipitations or extravagancies, as was daily threatened ; 
 Mr. John Hepburn, their chief leader and Minifter, had been refledled on as 
 one that had enflamed and animated them to rife and take arms, and that had 
 been faid to threaten the Parliament ; when he was difcourfed with by foine, 
 who were under concern for the public peace, it difcovered the frauds and 
 falfities of thofe fuggeftions, and how they were fpread about to ferve the great 
 end of the public diforders, and only amufe the world; for he declared himfelf 
 readily, that indeed they had apprehenfions, that the Union would be prejudi- 
 cial 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 defign to 
 difturb the Government ojr to appear in arms, it was an abufe upon them ; tricy 
 had no fuch thought, nor fhould they do any thing, but in a national way; 
 much lefs would they adhere to, or encourage the defigns of a Jacobite French 
 party, whom he declared they abhorred, and would never join with. 
 
 I think this is a plain demonftration of the truth of what I have alledged all 
 along this ftory, viz. that there was a bufy party, who run through the whole 
 country, by all poffible artifice to agitate and difturb the minds of the peace- 
 able people ; and, if poffible, to bring them firft to miftaken notions about, 
 and averfions to the Union in general, and then to purfue thofe averfions, by 
 
 K k 2 all
 
 2.S2 THE HISTORY OF THE UNION 
 
 all poflible methods of diftradlion and confufion ; and that this might bring the 
 honeftand well-meaning people of the nation, either by their numbers and in- 
 tereft, to overthrow the treaty ; or, by their folly and mifcarriage, to overthrow 
 themfelves, and fo to weaken both. 
 
 But God's goodnefs to this innocent people difiippointed them here, and we 
 never found the leaft tumult or diforder on this fide afterward, to the particular 
 mortification of the party that hoped for worfe things from them. 
 
 The declaration therefore, or proteft, which they polled up at Dumfries, and 
 which the party handed about at Edinburgh, as a great inftance of what they 
 hoped for from them, is rather publifhed here as an example of the notions they 
 had poifoned the minds of the people with, than as the fenfe of the nation, in 
 the cafe of the Union, and a fketch of what they endeavoured to obtain from 
 all the reft. Appendix, No. E x. 
 
 We are now, in the procefs of this affair, come on to the middle of Novem- 
 ber. I mufl" defire the reader to go back a little to the Parliament. They 
 had begun to read the articles the fecond time, in order to vote on them. The 
 beginning was a remarkable debate, and held for feveral days, as will appear 
 in the minutes. 
 
 The firft article was like putting the previous queftion, viz. Whether there 
 fliould be an Union with England, in the fenfe of the prefent articles, or no : 
 that is, whether there fliould be an incorporate Union of the nation into one 
 kingdom, to have but one Name, Head, Signature, Conftitution and Parlia- 
 ment, yea or no. 
 
 The manner of this queftion, and the difficulty with which it was carried in 
 the Houfe, I refer to the minutes, folio . But I cannot but obfcrve one 
 fignificant omen of the future good fuccefs of this treaty, and which, I muft 
 own, very much encouraged me to think it would go on, notwithftanding all 
 the vigorous oppofition it met with, was, that it was voted on the moft remark- 
 able day for public deliverance, that ever happened to this ifland. I am as 
 far from laying any ftrefs on fuch infignihcant circumftances, as any man j and 
 I know they can have no efficiency in the bringing to pafs the mighty events, 
 which may be uffiered fo into the world; and therefore I befpeak the reader to 
 note this, not as a thing I lay any real weight upon. 
 
 And yet it was impoffible to obferve, without fome emotion of the mind, 
 and without fome prefage of the good iftiie of this matter, that the firft article, 
 being the great and efll-ntial part of the Union, was voted and approved on that 
 remarkable 4th day of November, which was made happy to Britain, firfl, by 
 the birth of the great and immortal King William, to whom thcfe nations owe 
 fo much, that th'ry cannot look on the Church reftored, the bloody pcrfecuting 
 race of tyrants abdicated and fled, cruelty and prelacy dethroned, and all the 
 
 mifchiefs
 
 OF ENGLAND AND SCOTLAND. 253 
 
 mifchiefs of a ruined n.ition vanifhcd, and not blefs the nnemory of that oreat 
 agent of God's goodnefs to them, without remarkable ingratitude both to God 
 himfclfthe original, and to that glorious inftrument of our felicity, the Kino-. 
 Nor was it this alone which rendered this day remarkable to us, but alfo that 
 the great and remarkable Revolution of Britain, formed in, and founded upon 
 the expedition of the fame King William, bears date from this time, being the 
 day which he firfl: arrived in Torbay, in the Weft of England. 
 
 It could not but be a pleafant rcfleftion to thofe who remembered the parti- 
 culars of thefe things, to find, that without any previous calculation, or direc- 
 tion of men, the concurrence of caufes fhould fo effedlually jump, for the 
 bringing to pafs the moft remarkable tranfailions of Britain's eftablifhment on 
 the fame day, that her deliverance from tyranny, and the many opprefTions of 
 a cruel and barbarous generation, that aimed at fupprefTmg the foundations of 
 liberty, and overthrowing the conftitution of both kingdoms -, and her delive- 
 rance from private antipathies, the peace of her inhabitants, and the great con- 
 junftion, we hope, of the hearts and afFefbions of two nations, which, for many 
 years had been filled with the moft fatal and inveterate averfions, fhould take 
 their rife together, and date their beginning both on the fame fourth of No- 
 vember ; and both on that very day when the great inftrument of her deliverance, 
 by whom flie was put in a condition to bring all the reft to pafs, was born into 
 the world. Happy day! Happy to Britain ! Happy to all Europe! Since the 
 events of this birth, the afcions of Heaven in the hand of this Prince, have been 
 the foundation of all the glorious thijigs which have fince happened in Europe, 
 and of the humbling the great thunderer of this age, who had eftablifhed his 
 kingdom in the deftruftion of the liberties of Europe, and in a view of the 
 fubverfion of the Proteftant religion. 
 
 It was on this happy day that the firft article of the Union was pafTed in the 
 Parliament, afcer infinite ftruggles, clamour, railing, and tumult of a party, 
 who, however they endeavoured to engage the honeft fcrupulous part of the 
 people with them, yet gave this eminent difcovery of the principles of their own 
 aftings, in that there was an intire conjumSlion of the Jacobite, the Prelatic, 
 and the Popifh intereft, in this particular; and the very difcovery of this, opened 
 the eyes of a great many people, who, in the fimplicicy of their hearts, had 
 joined in the general oppofition to the Union ; but when they faw the 
 tendency of things, and whither it all led, when they faw the fociety they were 
 going to embark with ; when they faw the enemies of the Proteftant fettlement 
 all engaged, and thefe very people who had filled the land with the groans of 
 oppreflfion, and the cries of blood, coming to join hands with them, againft an 
 Union with England; when they fiw, that to fhun an Union with Chriftians, 
 they were, of necefllty, to come into an Union with Devils; men that had 
 
 trans-
 
 '^54 THE HISTORY OF THE UNION 
 
 transformed themfelves into tlie very infernal nature, and vifibly afted from 
 principles, in this particular diabolical, in that they tended to ereft the abfolute 
 fubjeftion of nations to the Itift, and unbounded appetites of lawlefs tyrants; 
 when they faw thefe things fo plainly, we then found an alteration; and the beft, 
 the moll thinking, and mod judicious people, began firft to flop and confider* 
 and afterward wholly to withdraw from the party ; and the clamour of the peo* 
 pie, as if come to a crifis, began not to be fo univerfal, but to abate; and the 
 more it did fo, the more the fecret party, who lay at the bottom of all the reft, 
 began to appear and diftinguifli themfelves. 
 
 The firft article being paft, the hopes of the party depended upon debating 
 the matters of taxes, excifes, cuftoms ; and, as far as poffible, fetting up the 
 popular arguments of care for the poor, the impoffibility of paying duties, the 
 incapacity of the trade to fupport excifes and cuftoms, and the like ; and here 
 they had recourfe from one fhift to another, and like true foldiers, though in a 
 bad caufe, they fought their ground by inches. 
 
 From article to article, they difputed every word, every claufe, cafting diffi- 
 culties and doubts in the way of every argument, twitting and turning every 
 queftion, and continually flatting obje£lions to gain time; and, if poftible, to 
 throw fome unfurmountable obftacle in the way. 
 
 The confequence of this was making amendments to the articles ; nor was it 
 a fmall difappointment to them, when they faw the Parliament willing to come 
 into amendments ; and when, by the prudence of the Committee appointed to 
 make calculations and examine thofe already made, it appeared that their ob- 
 jedlions were either anfwered and confuted, or the claufes fo rcvSlified and amend- 
 ed, as that they had no more room to faften any of their cavils : they were entirely 
 defeated, and the difafter was particular in this ; that it fhewed ftill the more 
 plainly to the world, that their defign was not to be fatisfied in the amendment 
 and alteration of what they objeifted againft, but in having fomething to demand 
 that would not or could not have been reconciled. 
 
 This caufed a great many trifling emendations to pafs, which, in themfelves, 
 had not fignification enough either to deferve the name of objedtions or to need 
 any difputing. 
 
 It is evident the defign was to load the treaty with a multitude of amend- 
 ments, among which, it was to be hoped, fome might be found which the Par- 
 liament of England would fcruple ; or, at Icaft, that it would be a precedent for 
 the Parliament of England to confider the treaty and make more amendments ; 
 which being to come down to Scotland again, to be confidered here, would 
 bring another fitting on of courfc ; when, by delays, the time fixed to the firft 
 of May might be elapfed, the feafon of the year advance, which hitherto had 
 not favoured them for the riots and tumults of the country ; and, in this delay, 
 they might find further advantages. 
 
 How
 
 OF ENGLAND AND SCOTLAND, 255 
 
 How their future aftions conformed to this fuggeftion, and how they were in 
 every flop difappointed, is the next thing to be difcourfed on ; — but I muft ad- 
 journ it a little and return to the affairs of the Church, which were at this time 
 in equal agitation proportionably confidered j and the party who oppofcd the 
 Union ufed all pofTible artifice to bring things into confufion there, in which 
 they difcovered a double mifchief in their defign ; i. To bring to pafs the grand 
 defign of obftrufdng the treaty ; and, n. If poffible, to make the diforders they 
 aimed at take their rife in the Church's diflatisfadlions ; by which laft thing two 
 other ends would have been obtained. 
 
 I. They would have fixed the fcandal of all the confequences, even of their 
 own raflieft adions, upon the Church. 
 
 1. They would have drawn in multitudes of zealous, but innocent people, to 
 have pufhed on their defigns blindly, imagining they had been ailing for the 
 Church. 
 
 But, as before, fo even now, the prudence and fleadinefs of the Minifters in 
 the commiffion of the Aflembly, defeated all the wicked defigns of this party; 
 for though there were in the commiffion a great many Miniilers who were fin- 
 cerely and heartily againft the Union, yet they were not to be drawn in to aft 
 with fo much imprudence as the projefts of that party defigned ; and therefore, 
 whatever heat or unhappy warmth at feveral times happened there, and which 
 at one time was feared would have gone higher, yet the temper and fincerity of 
 the main body, both Minifters and Elders, always over-ruled, and, in good 
 time, fupprefled it. 
 
 I have already given you the addrefs which the Commiffion of the AfiTembly 
 gave in to the Parliament, in order to obtain a fccurity for the Church. This 
 addrefs effeftually anfwered the end of the Minifters, in that it obtained a vote 
 in Parliament, November a, viz. That immediately after the firft article of 
 the Union was vot;;d, the Parliament will proceed to an aft for the fecurity of 
 the doftrine, difciphne, worlhip, and government of the Church, as now by law 
 eftablilhed within this kingdom. 
 
 All this time an overture or a draught of an aft, intituled. An aSl for the 
 fecurity of the true Proteflant Religion and the Government of the Church., as 
 by lazv ejiablifhed within this kingdom^ was read and ordered to be printed. 
 
 While this overture was preparing in the Parliament, and after it was printed, 
 there were no fmall endeavours ufed to pofTefs the minds of the people, that it 
 was not a fufficient fecurity for the Church. 
 
 There had been fome fuggeftions fpread, that the Parliament would put theiv, 
 off, without effeftually fecuring the Church ; and all poffible care was taken to 
 improve this notion, and the people were agitated on that head, as much as 
 poffible : Some faid, the overture ought to have been drawn up by the Com- 
 miffion, not by the Parliament ; and that it was leading them on in the dark, 
 
 with
 
 256 THE HISTORY OF THE UNION 
 
 with a general vote, that an aft fliould be paflcd, without letting the Church 
 judge what was fufficient for her fecurity, and what not. 
 
 It was argued agaiaft this, that the CommifTion had mentioned in their ad- 
 drefs, the heads in which they ought to be fccured ; and there was no doubt but 
 the Parliament would make that addrefs the foundation of the Aft of Security ; 
 that, if there was any thing wanting, they would have time enough to renew 
 their addrefs, for the adding fuch things, as they judged reafonable ; and that 
 therefore they ought to ftay, and not interfere with the proceedings of the Par- 
 liament, whofe proper work it was, to prepare their own afts. 
 
 But this did not fatisfy fome people, who infilling on the Commiflions con- 
 cerning themfelves in it; the Committee for public affairs moved, Oftober 25, 
 in the CommifTion, that fome Members might be appointed, to fee what the 
 Parliament Men had prepared for the fecurity of the Church. 
 
 This was the time, in which the debates in the CommifTion run higheft, and 
 when fome of the Elders, taking offence at the warmth of fome of the Miniflers, 
 withdrew themfelves from the CommifTion ; but wifer and more moderate heads 
 interpofed, and prevented the ill confequences of thefe things, as will afterwards 
 appear. 
 
 Upon infpefting the overture for fecurity of the Church, and viewing thepro- 
 vifion made there for fuch fecurity, the members of the CommifTion, who were 
 appointed as above, reported, that there were fome difficulties remaining, which 
 they defired might be confidered. 
 
 Thefe dilKculties began a warm debate in the Committee of the CommifTion, 
 which were reported as confidered by the Committee, and are as follows : 
 
 ifl. That it would feem, that the Sovereign of Great Britain, in the corona- 
 tion oath, is to be f worn to maintain the rights and privileges of the Church of 
 Eno-land, as by law eftabliflied, without any refpeft to the Church of Scotland, 
 adly. That by the oath of abjuration taken in England, obliging to maintain 
 -the limitations of the fuccefTion, and qualification of the fuccefTor to the crown, 
 the taker feems to be obliged to endeavour, to the utmoft, the feclufion even 
 of fuch Proteftants from the crown of Great Britain, who are not of the com- 
 munion of the Church of England, as now by law eftablifhed there, jdly. Se- 
 veral difficulties being propofed, with relation to oaths, it was difcourfed, how 
 a bar may be put to the Britifh Parliament's impofing oaths upon the Miniftry 
 and people of Scotland, inconfiftent with the principles of this Church. 4thly, 
 That the people of Scotland may be exempted from the facramental tefl, in ufe 
 in England, which fccludes all from any office in Britain, or benefit from the 
 Crown thereof, who are of the communion of the Church of Scotland ; and fome 
 other things, which was thought, might be uneafy, and of dangerous confc- 
 quence to this Church, if not provided againft in the conclufion of the Union : 
 and thefe things being difcourfed upon at great length, were again referred to 
 
 the
 
 OF ENGLAND AND SCOTLAND. 
 
 ^SJ 
 
 the Committee for the public affairs of the Church, to be further confideretl, 
 and they to report. 
 
 The Committee, to vvliom this affair was referred, reported, that they have 
 had feveral meetings, and difcourfed at great length upon the four particulars 
 relating to the Union, and heard feveral Minifters and others upon their fcruples 
 thcreanent ; and likewife upon a fifth particular, that the conftitution of the 
 Britifh Parliament, where twenty-fix Biffiops do fit as members, feems to be in- 
 confiftent both with the principles of Prefbyterians, and the covenants and en- 
 gagements of this Church and nation. 
 
 It would be too long to fet down here, how the Commiffion was daily befieged 
 with clamours and cries, raifed upon the jealoufies of the peopk ; and how they 
 were urged to all manner of improper refentment, upon the allegations now 
 raifed againft the fecurity of the Church, as it was offered in the overture : this 
 debate rifing fo high, I think it not improper to print the overture itfelf, as it 
 was firft drawn up, as well as when it was with amendments engroffedj the firft 
 draught therefore you will find in the Appendix, No. F x. 
 
 I fhall forbear entering here into any of the heats and indecencies which paffed 
 upon this debate, fince they came to no extraordinary height ; and the wifdom 
 and forbearance on both fides» prevented the evil confequences which fome 
 hoped for from them. 
 
 The fecond addrefs of the Commiffion liad its birth in thele difputes ; and 
 though the enemies of the Union expefted great things from it, yet, as it came 
 out quite another thing than they defigned, having been reduced to fliape, and 
 ftripped of all its monftrous figure, in which it was expedted to come into the 
 world, it had two confequences, which ferved to affifl: even againft the party 
 that promifed themfelves fo much good from it. 
 
 I ft. It convinced the world, that however it was fpread abroad, that the 
 Commiffion would violently oppofe the paffing the aft of fecurity, as a thing oi 
 no confequence, and fo put a full ftop to the work ; it was evident, the Com- 
 miffion was not to be blinded by out-fides, nor fcrewed up by parties ; but that, 
 calm and clear fighted, they would go on, in all cafes, with the fame gravity, 
 confideration and temper, which they had fliown from the beginning. 
 
 2dly, It obviated the great debate about the Church here fubmitting to the 
 Epifcopal jurifdi6lion of the Church of England, or to the vote^ and fuffrages 
 of the Bifhops in the Britiih Parliament ; in that though they did not interfere or 
 prefcribe to the Parliament j yet they exonerated their confciences, and the v/hole 
 Church of Scotland, by making, as it were, a proteft againft it, as what they would 
 not be underftood to comply with, either now, or by any aftion in time coming, 
 which ihould be the confequence of the Union. 
 
 Thus the difficulties, though refolved to be prefented to the Parliament, yet 
 came out in a modeft and humble drefs, fuitable to the dignity as well as dil- 
 
 L 1 tance
 
 2^ THE HISTORY OF THE UNION 
 
 tance of the AfTembly, to which and frOm which it Was prefented; and yet it 
 came out in a drefs which fome gentlemen of the Commiffion, particularly of 
 the ruling Elders, did not approve of. 
 
 Some would have had this addrefs been called a protcft, but the moderation 
 of that Reverend AfTembly crufhcd that motion ; and, after fome debate, it Ob- 
 tained the title of the reprefentation and petitibn, and was refolved on in the 
 Commiffion' the 3th of Novem.ber, and the fame day prefented to the Parlia- 
 ment. The exaift copy of this paper, you will find in the Appendix, No. G. x. 
 
 When this paper was agreed on in the Commiffion, the Earls, of Rothes and 
 Marchmont, Lords Polwarth and Forglen, Sir James Campbell, the Lairds of 
 Jervifwood and Ardkinlafs younger, and feveral other gentlemen, who fat there 
 as ruling Elders, declared their diffent, and entered their protefl againft it, tak- 
 ing inftruments in the hands of the Clerk of the Commiffion, and promifed to 
 give in the reafons of their diffenting, which accordingly they gave in on the 
 15 th of November. 
 
 Upon the giving in thefe reafons by the Elders, the Commiffion appointed a 
 Committee to wait upon the Elders ; and to know if they infilled upon having 
 their reafons for protefting recorded, and to fignify to them, that if they did, 
 the Commiffion would be obliged to drkw up their anfwer to thofe reafons, and 
 to record the fame likewife. 
 
 The Committee never obtained an anfwer from the gentlemen in a body j 
 biit as many as they met with gave for anfwer, that tliey did not infift pofitively 
 on it, but left it to the Commiffion either to record it, and form anfwers to it, or 
 not as they faw mofl proper. 
 
 The Committee having reported this, the Commiffion did at lafl think fit to 
 record the protefls, and the reafbns annexed, and drew up their anfwers to them, 
 though they waited two months before they entered it ; which, becaufe they are 
 very material to a right underftanding of the prefent debate, I have annexed to 
 this work in the Appendix, No. H. x. I. x. 
 
 I think tlie reafons and anfwer are a fufhcient comment upon this text; and 
 whoever pleafcs to perufe them will fee, that though the defigns of wicked men 
 pointed much further, yet the Commiffion, both Miniflers and Elders, were 
 wholly influenced by principles of peace, honour, confcience, and the good of 
 the Church. 
 
 I know fome thought the Church went too far in this affair, and efpecially in 
 the matter of the facramcntal tefl, which feemed a thing perfedly remote to them, 
 and what they could have no concern at all in ; and the Gentlemen, in particu- 
 lar, were yet more willing than the Minifters, to have let both that and the mat- 
 ter of the civil power of the Bifhops quite alone. 
 
 But if we fball confider how the Minifters were daily befiegcd, as before, with 
 tKe importunate violences of the people ; how many among them really thought 
 
 this, 
 
 I
 
 OF ENGLAND AND SCOTLAND, 255^ 
 
 this part in particular direftly againft the Covenant ; and how, by falfe report?, 
 many had been fo impofed upon as to believe the facramcntal tell in England, 
 extended even to the Members of Parliament which fhould be fent from' Scot- 
 land. 
 
 When, I fay, they confider the fears and jealoufies which overfpread all forts 
 of people ; and how far the artifices of a wicked party were, at this time, in theii 
 meridian, and had inexprefllble influence on all forts of people, they will, with 
 me, admire that the CommilTion was able to maintain their fteady refolutiort ; 
 how they worked through thefe floods, and kept the middle way with temper and 
 moderation, to preferve themfelves from the fnares laid for them. 
 
 All thefe things confidered, it was, inmofl. peoples opinion, a viftory gained, 
 and the party received a maniftft difappointment even in this reprefentation, in 
 that the Commifllon could be brought to no precipitations, as fome people flat- 
 tered themfelves they fhould. 
 
 However this may be the general opinion, I know fome people took ill the 
 length they went in this afi^air, and thought they exceeded their proper fphere ; 
 but r believe thofe Gentlemen are very well fatisfied with the unanfwerable argu- 
 ments drawn from hence againft thofe, who, not content with this length, thought 
 to upbraid t;liem with forgetting tiie national obligation of the Covenant, which 
 they fairly quitted themfelves of by tliat article, in which they declare civil 
 places of churchmen to be not fubmitted to by them, but againft both their 
 Covenant and confciences, and fo have fairly exonerated the Church from that 
 affair which ftuck fo near her. 
 
 The reprefentation was prefented to the Houfe, juft when the overture for the 
 fecurity of the Church was under their confideration ; and however it did not 
 at prefent meet with a very favourable reception, even by thofe who were the 
 Church's very good friends, who thought as before, they run it too high, and 
 alfo ill-timed it ; yet neither did the Gentlemen wholly omit the things requeft- 
 ed therein, though they feemed to fleep for fome time ; but particularly the 
 claufe about the valuation of teinds and plantation of kirks, which they paflTed 
 an aft for by itfelf : the matter of oaths feems alfo fettled in the amendments to 
 the overture : the other, as the matter of the facramental teft, and the fufirages 
 of Bifliops in the Britifh Parliament was filently let fall, as things they could by 
 no means meddle with in the treaty. 
 
 Here the oppofers of the Union met with another difappointment j for had 
 thefe two articles been infifted on, they knew the event would have been a 
 rupture of the treaty, and their great end had been anfwered, viz. to obtain the 
 Parliament to demand fomething, which they knew England could never grant. 
 
 Thus the ftorm blew over, the Aft of Security for the Church was voted, and 
 laid by to be annexed to the articles, and made part of the Union, as fhall 
 afterwards appear. 
 
 As this had made a great noife in the AfTembly, fo it had been no lefs can- 
 
 L 1 2 vafTed
 
 266 THE HISTORY OF THE UNION 
 
 vafled all over the nation : fome condemned the AflTembly in the main, and 
 pretended to cenfiire them publicly, for engaging themfelves in matters that 
 had fo plain a tendency to breaking up the Union, and defiring the Parliament 
 to concern themfelves in thofe affairs in England, which could really admit of 
 no debate in this cafe. 
 
 But, as if the Commiflion wanted the authority of their conftituents to back, 
 them in their proceedings, andtojuflify their condudl, the refpeftive Prefby- 
 teries in the country began to come in with letters, or a fort of addrefles, 
 teftifying their approbation of what the Commiflion had done, &c. But the 
 CommifTion diligently avoiding every thing that was tumultuary or popular, 
 gave acold anfwer to themj as particularly to that of Dumfennling, who fub- 
 joining to their approbation of the petition their defire about fads public and 
 private, as in a time of impending dangers, the CommifTion refoived. That 
 their a<5l about falls pafTed before, did fufHciently anfwer the Prefbyteries de- 
 fire, and fo took no notice of the reft j which prudent way of proceeding flop- 
 ped the defign, which feemed to be only to make the reprefentation as popu- 
 lar as they could, that it might, on the one hand, encourage furtlier petitions, 
 and fecondly, oblige the Parliament to come into their meafures. 
 
 While this was thus carrying on in the CommifTion, the country began to be 
 very uneafy, and threatenings came in every day, of coming up in armies and 
 rabbles, to raife the Parliament, and to defire that the Church might be 
 fecured. 
 
 The Prefbyteries of Glafgow, and of Stirling, fent letters to the CommifTion, 
 containing heads of grievances, and reprefenting feveral things, which they de- 
 fired the CommifTion to demand of the Parliament, for the Church's fecurity. 
 
 To this the CommifTion of the AfTembly anfwered. That they had done, or 
 •were now doing, all that was defired in their letters. 
 
 An ill-natured motion was made in the CommifTion alfo, to fend circular 
 letters to all the Prefbyteries, to fend up their Members to the CommifTion, 
 and a Committee was appointed to coniider of it ; but this occafioned luch va- 
 riety of debates, that the Committee could come to no refolution, but referred 
 it back to the Commiflion, and there it dropped. 
 
 This was a plain defign to renew the debates; and, if pofTiblc, to bring the 
 Commiflion to proteft or declare themfelves againft the Union. 
 
 The reprefentation was now before the Parliament, but, as yet, they took no 
 notice of it; and it was apparent that they purfucd their treaty for fbme time, 
 ■without any refpeft to the faid reprefentation ; and indeed it was forefeen they 
 would do fo, the gentlemen eafiJy feeing, that if thcfe things were infifled, it 
 was juft a refolution to break off the Union. 
 
 The other party eagerly reported about town, that it was a difrcf^-)e(5l to the 
 Church, not to regard her iblcmn reprefentation ; and tlvcii the confcqviences of 
 
 the
 
 OF ENGLAND AND SCOTLAND. 261 
 
 the Bifhops voting in Parliament were laid forth^ and the danger of the Church 
 was now their general difcourfe : Some were alarmed with this cliimera, that the 
 Parliament had not a fincere refpeft for the Church's fafety ; that the gentlemen 
 had no great concern about the matter, and fo the Church would be expofed 
 to heV enemies, by the negligence of her friends. 
 
 But the CommifTion faw through all this ; and having done what they 
 thought their duty, both for the Church's fecurity, and for the exonerating their 
 confciences in the cafes they could not comply with, they refolved to ftand dill, 
 and leave the confequences of things to Divine Providence, without pufliing at 
 things imprafticable, or fuch things as tended only to divifion. 
 
 This fteadinefs of the Minifters broke all the meafures of the party. Their 
 hopes to embroil the Minifters with the Parliament vanifhed; and the dif- 
 courfe of the reprefentation or petition began to grow old and die. 
 
 The Comminion had their hands full of their reprefentations of another 
 fort, about the growth of Popery, the ill pradtices of fome of the depofed 
 Minifters, and the like, and fo it wore off by degrees. 
 
 I mention, in this account, the prudence and moderation of the Minifters fo 
 often, not that I defign to write panegyrics here, much lefs to flatter the per- 
 fons of the Minifters ; but whoever knew the management of that time, and 
 reflefts back on the particulars, will eafily join with me in this, that there were 
 feveral parts of management praftifed upon the Minifters, in order to ruin their 
 counfels, befideswhat the open debates of the Commifllon difcovered, and par- 
 ticularly fuch as follows : 
 
 1. There was a defign, if pofTible, to bring the Minifters into a general 
 declaration againft the Union, as dangerous to their liberties, inconfiftent with 
 their principles, and contrary to the obligation of the national Covenant. Of 
 this I have fpoken in the courfe of the ftory. 
 
 2. There was a manifeft defign to bring them to a rupture among thein- 
 felves; and that, if poftible, fuppofing the Union fhould proceed, or not pro- 
 ceed, the difagreeing party might be brought to a breaking off, or dividing 
 from the reft, and fo form a fettled ftated diffent, or breach in the Church ; 
 .nor was this a thing of fmall confequence ; for it was really big with a large 
 variety of mifchiefs, and very cunningly contrived j fnares were laid for the 
 whole body, not of the affembled Minifters only, but the conftitution of the 
 Church of Scotland, whofe deftruftion was almoft vifible in the projedt, had it 
 met with fuccefs. 
 
 Had the Union been completed without the concurrence of the Minifters in 
 comrniffion, either the Church affair muft have been left out, or the enemies of 
 it would have always faid, it had been fettled without her approbation, and 
 confequently the fettlement been both imperfedl and illegal; 
 
 Had one party declared for the Union, and another againft it, and, had both 
 
 thofe
 
 262 THE HISrORY OF THE UNION 
 
 thofe parties adhered to their refpective declaration, by any public reparation as 
 a party, the Houfe had been divided againft itfclf, and the confequence would 
 have been hoped for with but too nnuch probability. 
 
 In this very cafe, the prudence of the Minifters, I fay, was remarkable, and 
 next to the wifdom of Providence direding, was the only means of preventing 
 the mifcluef contrived ; it is not to be doubted, but, in the commiffion of tlic 
 si(rembly» and among the Minifters without, there were men of various fcnti- 
 ments, fome againfti and feme for the Union j but their wifdom was particularly 
 feen ih.this, thatihowever they differed in the debating things, they always con- 
 curred in every public aft of tlie Commiffion, and made no divifion for nor 
 
 againft it. 
 
 We find but one proteft in die whole affair, which was in the cafe of the re- 
 prefentation and petition ; and this began among the ruling Elders, and con-: 
 tinued there; for none of the Minifters ever adhered to that proteft, but even 
 tliofe that were againft fome parts of the reprefentation, yet, feeing themfelves 
 out-voted, acquiefced; nor was all the reprefentation objefted againft by anybody; 
 it was a paper, I doubt not, fome hoped to draw mifchief from, yet that mil- 
 chief had its difappointment effedually, though the paper had its fuccefs, in 
 beino- carried on ; for it appeafcd the minds of many, who, being fatisfied of 
 having exonerated their confcience, acquiefced in other cafes with the more 
 freedom ; nor was the reprefentation in general without its particular reafons 
 to be aftigned for it, as is further expreffed in the fequel of the ftory : as to the 
 Minifters in all other cafes, how warmly foever they debated, and with what- 
 foever firmnefs the feveral Minifters adhered to their opinions, yet they fubmit- 
 ted their votes to tlie plurality, and all things were carried in a regular and orr 
 derly way, to the great difappointment of their enemies, and to the great eafe 
 and fatisfaftion of all good men of every opinion. 
 
 Nor fhould I dojufticehere to particular perfons, if I did not acknowledge, 
 and record it to his honour, that much of this is juftly due to the prudence, pa- 
 tience and temper of the reverend Moderator Mr. William Wifliart, then Mi- 
 niftcr of Leith, who was Moderator of the Affembly, and alfo of the Com- 
 miffion, and who afted the true Moderator in all thefe difputes wifely, calm- 
 ing, tempering, and with difficulty enough, reducing the warmeft debates to a 
 method of conclufion ; and I muft own, he had a taflc of no fmall difficulty, 
 though he had, no doubt, the concurrence and affiftance of the men of moft 
 candour, temper and judgment on either fide, fince it could not but be vifible 
 to every thinking man, who had any concern for the good of the Church, that 
 to run any differences up to a head, could iffue in nothing but the utmoit con- 
 fufion, gratify the enemy, grieve all good Chriftians, and in the end ruin the 
 peace of the Church. 
 
 And this remark of mine is the more juft, in that I could not but obferve, 
 2 thai
 
 OF ENGLAND AND SCOTLAND. 163 
 
 tlhat the debates on thefe afFairs hat! fometimes that unhappy warmth^ that they 
 fec-med to tend neccflarily to a breach ; and to come to the ver)' point, and 
 lookers on, of whom I was one v.'ith a fad heart, expe(fled fom.ethir;^ fatal, not 
 to the Union only, but to the whole Church, muft unavoidably have followed 
 every debate ; and yet we always found cooler thoughts prevailed, and wife men 
 yielding this way and that, continually maintained a harmony, in concluding 
 "whatever there was in debating. 
 
 Another piece of conduft was very inftrumental to prefcrving the public 
 tranquillity, viz. that the Minifters, generally fpeaking, kept thefe debates out 
 of the pulpit ; for though all manner of fociety was taken up with difputes of 
 the grand affair, the pulpit was very free of it; I fay, generally fpeaking, what 
 indifcretions there were, had not influence enough on the reft, to recommend 
 the example ; particularly, I think it was a very great wifdom in thofe Minif- 
 ters, wlio 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 fay, it was their wifdom that they forbore it ; and I think thefe 
 happy confequences followed to prove it fo. 
 
 1. It took away all pretence from thofe people, who defigned, in this unhappy 
 game, to play one part of the Church againft the other, and fet up one fide 
 againft the other more efFeftually. 
 
 2. It took away the ground of pulpit clamour, and kept thofe people filent, 
 \vho, had it once begun there, would have been loudeft by far in the exclama- 
 tion ; for, had one party firft preached for it, the other would, of courfe, have 
 preached againft it, and fo the pulpit been made a mere ftage of contention. 
 
 But, on both fides, the Minifters, as Well on private as public days, let it 
 generally alone ; they prayed for direftion and blefting on the Parliament, and 
 on the meeting of the Minifters, as tranfacfling difficult and doubtful cafes, but 
 avoided entering into debates. 
 
 I think I do them nothing but juftice therefore, in hinting^, that the temper 
 and calmnefs, with which the generality of the Minifters behaved in this nice 
 occafion, was very great, and contributed very much to the quiet carrying on 
 the great work. 
 
 Soon after this, the country tumults came upon the ftage ; and, as it was a 
 peculiar to this treaty, that the very methods taken to ruin it, concurred to prefs 
 It forward ; fo thefe tumults ferved to open the eyes, and calm the fpirits of 
 abundance of thofe honeft people, who were prejudiced before ; who, though 
 they were willing to oppofe the Union, as what did not correfpond with their 
 opinions, and as they thought with the public good ; yet, when they faw it go- 
 ing to arms, rebellion, and blood ; and when they faw this further, that, in or- 
 der to oppofe this national conjunftion, they were to join in a civil war againft 
 their GoverrKjrs, with their and the nation's known enemies; their eyes began 
 
 to
 
 264 THE HISTORY OF THE UNION 
 
 to open, and they flackened very much, from that time, their appearance againft 
 the treaty. 
 
 This manifeftly fliewed the difference between the men, who, in tlie finglenefs 
 of their hearts, oppofed it, as apprehending it unfafe for the eftablifhed Church, 
 and inconfiftent with their national engagements ; and tliofc, on the other hand, 
 who oppofed it, as contrary and fatal to the Popilh fucceflion of James VIIT, as 
 tliey called him, and the Epifcopal hierarchy : and thefe differed jufl as the 
 two harlots in Solomon's time ; — the true mother of the child chofe to lofe her 
 poircffion of him, rather than that the child fhould be murdered ; fo thefe faith- 
 ful friends to their country, however poffeffed againft the Union by the public 
 clamour ; yet they would choofe to fuffer the inconveniencies they feared, rather 
 than fee their country involved in blood, a civil war breaking out in the bowels 
 of the kingdom, and foreign Popilh, or tyrannical powers invading their privi- 
 leges, and pulling down all before them. 
 
 This will appear to be the cafe, in the further purfuit of the ftory, and the 
 fight of this affefted the hearts of a great many of thofe, who had any compaf- 
 fion for their country ; and from this time forward, the CommifTion met with 
 lefs difturbance from the hot people on thefe heads, but went on calmly, and 
 with all the temper and moderation that could be expeded. 
 
 The letter from the Prefbytery of Hamilton gave them fome little diftur- 
 bance, but it was foon over; and their circular letter to Preft)yteries, to endea- 
 vour to preferve the public peace, not only fhewed their own refolution to keep 
 all quiet and peaceable, but difcouraged all endeavours afterward to diforder 
 them : of which by itfelf. 
 
 But things were now grown to a ftrange height ; and the fame engines, who 
 fo boafted of the effefts of the reprefentation and petition above-faid, fhewed 
 themfelves not idle in their management of affairs abroad ; for they carried on 
 the difcontents of the people to all poffible height. 
 
 And indeed the cafe of the poor common people of Scotland was very hard, 
 in refpeft to their fhare in thefe matters ; they are not the only common people 
 in the world, who take things by wliolefale; and who being inflamed with the 
 clamours and arguments of the more knowing fort, their landlords, leaders, 
 heads of families, and, as they too properly call them, mafters, and alarmed 
 with out-cries of dangers, and diftreffes j which were to come upon them by the 
 Union; things which they -could not anfwer, nor had any reafon to qucftion 
 the truth of, feeing their great men poffeffed with the belief of them : 'tis no 
 wonder they were exafperatcd to the higheft degree, and ready to attempt any 
 thing, to fave themfelves from the deftruftion at hand. 
 
 Again, tliey were not altogether the people that were difagrceable to them 
 neither, from whom thefe difcontents began ; liad they been only the Epifcopal, 
 or Jacobite, or Popiffi party, that had ftarted thefe things, a fliort anfwer would 
 • have
 
 OF ENGLAND AND SCOTLAND. 0.65 
 
 have opened the eyes of the common people ; and it had fu/Rced to tell them, 
 from whom their objecStions came. 
 
 But when, by the fubtilty and artifice of thefe men, they had drawn in a 
 great many of the honed well-meaning people of the country, who were known 
 to be well affefted to the prefent civil eftablifliment of the nation, and zealous 
 for its religious eftablifhment ; when thefe were feen among the number of the 
 warm oppofers of the Union, fhaking their heads at the articles, and friglited 
 at the terrible confequences, which were talked of; who can wo nder, that the 
 reft of the people began to be uneafy, and that thofe uneafmefTes, at laft, broke 
 out into excefles, madnefs, and diftradtion ? 
 
 The people of Scotland, I fay, are not the firft inftance how eafily it is to 
 be impofed upon, and how readily a mob is raifed by a njmour. How foon 
 did the Jews of Afia put all Jerufalem in an uproar, when they made them be- 
 lieve their worfliip was in danger by Paul's preaching, and that he not only 
 invaded their worfhip, but had aftually defiled the temple ! How readily did 
 they lay hold of the blefled Apoftle, and had certainly murdered him, if the 
 civil authority had not, afTifted by the military, refcued him out of tlie hands 
 of the mob, and put the cafe in the way of a fair hearing ! 
 
 It was not for the poor people to diltinguifli the original of caufes and thinp's, 
 nor who was at the bottom of thefe rumours j it was not for them to diftinguifh 
 the hand of Joab in all this i whether Jacobite or Papift was the original of this 
 matter, was not for them to examine ; they faw their fuperiors ioining in the 
 fame complaint, and every party faw fome of their refpeftive chiefs embarked. 
 
 The common people could look no further ; the Epifcopal poor faw their 
 curates tooth and nail againft it ; the ignorant and indifferent poor, faw their 
 Jacobite landlords and mafters railing at it ; and which was worfe ftill, the honeft 
 Prefbyterian poor people faw fome of their gentlemen, and fuch as they had re- 
 marked and noticed to be hearty Prefbyterians, yet appearing againft it ; who 
 then can cenfure the poor, depending, uninformed and abufed people ? 
 
 And how, but by thefe concurring accidents, was it poffible the poor deluded 
 people of Glafgow, and the Weft, could be drawn into mobs and tumults, in 
 gratification of that very party to v/hom they have been the very antipodes, the re- 
 verfe, even in all the ages of the reformation; by whom diey had been plundered^ 
 rifled, butchered, and perfecuted, in the moft barbarous manner, with cruekies 
 and extravagancies innumerable: will any man fay, the men of Glafgow, fa- 
 mous 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 againft her, in the quarrel of their bloody and in- 
 veterate enemies, the Papifts and Jacobites ? — It could not be. 
 ■ Will any man fuggeft, that Glafgow had forgotten herfelf lb much, that the 
 blood of her citizens and inhabitants, flied in the old articles of Pentland 
 
 M m and
 
 a66 THE HISTORY OF THE UNION 
 
 and Bothwell, and the ravages made upon her, and the countries round her, 
 after thofe unhappy times, even to the confines of the Revolution, were forgotten ? 
 Will any body think, the Glafgow men had fo far forgot the hiftory of twenty 
 years ago only, that they could now join with the murderers of their brethren 
 and fathers, and take up arms in favour of their mortal enemies ? — No, no, no- 
 thing lefs ; it was all delufion and mere artifice j the party played the Prefbyte- 
 rian againft the Prefbyterian, the Williamite againft the Williamite, and having 
 fubtilly poffeflcd a few honeft, but deluded people, with the frenzy of the time, 
 made them the tools of their projefts, if pofTible to bring them to pull down one 
 another, that they might afterwards with the more eafe devour them both. 
 
 And this leads me of courfe into a ilory of the Glafgow rabble, which now 
 came upon the flage, and which in its turn, though raifed with a different de- 
 fign, was one of the proofs of God's providence working every thing, howfoever 
 pointed at the Union, to aft for it and further its conclufion. 
 
 They had had in Edinburgh continual alarms of the rifing of the people in 
 the Weft and North parts, in order by force to put an end to the treaty, though 
 the people themfelves'knew nothing of it, nor had any fuch defign : to-day it 
 was in Angus, to-morrow in Galloway, now at Stirling, then at Lanerk, then at 
 Hamilton, then at Glafgow, but nothing yet appeared ; and fome began to mock 
 thefe fears as groundlefs. The party made their different ufes of the reports; 
 to-day enlarge them to terrify and amufe, to morrow lelTen them again as mere 
 rumours, to leffen the watchfulnefs of the Government, and make them fecure j 
 but the defign was manifeftly to procure the tumults they expefted, by reporting 
 they were begun. 
 
 That thefe fears were not groundlefs, or thofe alarms mere chimeras, may be 
 feen by the CommifTion of the Kirk's circular letters to the feveral Prefbyteries, 
 to defire them to keep the peace, and to be earneft to prevent fuch tumults ; to 
 which the Prefbytery of Hamilton gave an anfwer, which feemed to object 
 againft thofe fears as unjuft, though it did not afterwards appear fo. Vide the 
 Appendix, No. P. 
 
 And now, though in the ftory of the Glafgow rabble, I fhall be obliged to 
 mention the unhappy flip in thofe prudentials, which, as I have obferved, the 
 Miniflers, generally fpeaking, behaved with ; I fhall not, however, offend any 
 perfon of common charity, fince I fliall be far from faying the Gentleman here 
 did this with a defign to raife the tumult that followed ; much lefs would I fo 
 much as fufpeft, that he could in the leaft have it in his thoughts, to gratify the 
 folly and projefted dcftrudtion of the Kirk of Scotland, which, in all thefe things, 
 was apparent enough in the fecret party that puflied on thefe things. 
 
 As to the raflinefs and intemperate zeal, or whatever other miftaken foundation 
 it had, producing the heat and warmth of the exprefTion, I have the charity to be- 
 lieve, he is convinced of die error of that ; and fo, while I am obliged to repeat 
 
 thi
 
 OF ENGLAND ANDS GOTLAND. 267 
 
 the circumftance, I flaall as little as pofllble refleft upon the perfon, being defir- 
 ous, in all cafes, rather to cover than cxpofe the undefigning failures of all honeft 
 men, as what they may be led into by miftake, but never prolecuie when their 
 judgments are better informed. 
 
 But to come to the particulars of this unhappy ftory at Glafgow, which I lliall 
 relate with all the impartiality pofTible, and without refpeft of perfons, both for 
 the fake of the hiftory, which it is neceffary to tranfmit faithfully to pofterity ; as 
 alfo for fetting things in a true light, and placing the guilt where it is juftly due, 
 which at prefent is underftood to the prejudice of that city in general, and 0/ 
 thofe honeft Gentlemen among the inhabitants who had no concern in it, unlefs 
 it were to be infulted and madeuneafy by it. 
 
 The nrft uneafinefs that I meet with among the people here, I mean that was 
 particular (for the general uneafinelTts about the treaty were vifible every v/here, 
 as I have hinted already), was about addrefTing. 
 
 Great had been the endeavours of a party of men, all over the kingdom, to 
 bring in numerous addrelTcs to the Parliament againft the treaty, in order to 
 fortify that argument, which was now brought in as a ftrong bar againft the im- 
 mediate proceeding, viz. That it was againft the general inclination of the 
 people ; which you will find, moved in the Houfe upon the fecond reading of 
 the firft article, as per the minutes. 
 
 The party at Glafgow had been very bufy to perfuade the Magiftrates to ad- 
 drefs, as the other Royal Boroughs had many of them done ; but the Magiftrates 
 fhewing 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 pafs ; the in- 
 ftruments being chiefly Jacobites, Papifts, and Epifcopal people, whofe reputa- 
 tion and intereft in the city of Glafgow, and parts adjacent, had always been but 
 very low, and now lower than ever ; fo that, to efFedl their defign, they had re- 
 courfe to the policy of the times, viz. deluding and impofing upon others, and 
 this did their work^ for had they not made ufe of fome weaker brethren, who 
 had more influence upon the people, they had never brought it to pafs. 
 
 To bring in fome of thefe, all the popular arguments mentioned before 
 were improved ; among others, the danger of the Kirk of Scotland, I believe 
 I may fay in their favour, was not tlie leaft. 
 
 Drawn in by ihefe fpecious pretences, the Jacobite party had the pleafure to 
 lay by, and fee their work done to their hand; and the people being fufficiently 
 inflamed, they waited the iflfue, when one unhappy indifcretion, to fay no 
 worfe of ic, finiflied all their hopes, and brought to pafs the mifchief they de- 
 figned, in the beft manner for them they could have wilhed for. 
 
 Some of the Elders of the Church had privately waited on the Provoft, 
 whether moved by theif Minifter, or by the common people, or of their own 
 heads, I ftiall not determine, though it is not very difEcult to trace it to its 
 
 M m 2 beginning
 
 a63 THEHISTORY OF THE UNION 
 
 beginning; but it is apparent, the Minifler we are to mention, as well as fome 
 others in the town, were very earneft for the thing. Their bufiners was, it 
 feenns, to move the Provoft, that an addrefs might be prefented to the Par- 
 liament againft the Union; they might have commanded a popular addrefs 
 among themfelves, but that was not what they defired, but an addrefs in the 
 name of the city, by the Provoft, Baillies, 8cc, 
 
 The Provoft anfwered to this purpofe : That he did not think it would be 
 prudent for them to addrefs at this time; that he had been at Edinburgh, and 
 had confultcd the Lord Advocate, and fome of the city of Glafgow's beft 
 friends, and all unanimoufly advifed them againft it, and gave it as their 
 opinion, it was not their intereft to do it : particularly he reminded them, the 
 Parliament had but the laft feffion granted them the tax of two pennies the 
 pint ; and if they fhould now appear as a town in this addrefs, it might urge 
 them to repeal this grant, and the city might be a great fufFerer. 
 
 This was a very good reafon why he fliould decline the addrefs, if the gen- 
 tlemen had been in a condition to hearken to reafon ; for if the Magiftrates 
 had addreffed, they muft alfo have followed it with reafons and arguments 
 openly as a body, which in fuch cafe would have been, in all probability, ill 
 taken by the Parliament, if, as is very lilcely, thofe reafons had been fuch as 
 came in from other places, peremptorily inhibiting their proceedings, and im- 
 peaching their power to aft, without leave from their conftituents, which in- 
 deed was the thing now infifted upon, and generally aimed at in the projeft of 
 addreftlng. 
 
 The Provoft having thus, though very calmly and refpeftfully, declined the 
 matter, the people appeared very uneafy, and fome hot expreffions had been 
 let fall in difcourfe about tlie town, that they would have an addrefs one way 
 or other ; but one unhappy accident foon difcovered the meaning of the whole. 
 
 On Thurfday the 7th day of November, the day after the faft appointed by 
 
 the CommifTion of the Aflembly was kept in Glafgow, Mr. C k, Minifter 
 
 of the Trone Kirk, preached from the words in Ezra, viii. 21. " And I 
 " proclaimed a faft at the river of Ahava, that we might afflift ourfelves before 
 "our God, to feek of him aright way for us, and for our little ones, and for 
 «' all our fubftance." 
 
 I ftiall convince the gentleman concerned, that this account is not made for 
 a fatire upon him, it is too ferious a fubjeft ; and when both he, and thofe who 
 heard him, reflcfts on liov/ much more his unhappy temper, at that time, 
 forced from him, than I fet down here, all which I have by me verbatim, as lie 
 fpoke it; he will, I fay, be convinced, that I talk no more than, in the obliga- 
 tion of a hiftorian to truth of faft, I am bound to do. 
 
 In the conclufion of his fermon, after telling his iiearers the fad condition 
 they were brought to, and how forward Glafgow ufed to be in the honeft caufe, 
 he added to this purpofe : 
 
 4 - Addreffes
 
 OF 'ENGLAND' AND SCOTLAND. 269 
 
 Addrcffes would not do, and prayers would not do, there muft be other 
 methods; it is true prayer was a duty, but we muft not reft there ; and clofed 
 it with thefe words, " Wherefore up and be valiant for the city of our God." 
 
 I am not at all apprehenfive of having the triith of thefc words queftioned, 
 having received them from the mouths of more than two or three of the prin- 
 cipal inhabitants of Glafgow, who heard them fpokcn ; and if the mifplacing a 
 word fhould be fnatched at, I venture to fay, that this was the full purport of 
 the exprefiion, without the leaft variation ; as to the weak good man that fpoke 
 them, I will not fuggeft that he forefaw tlie confequence of them, or had any 
 fuch thing in his defign, though it calls for fome charity to guefs his meaning. 
 The kindeft thing I can fay of them is, that he did not mean at all what fol- 
 lowed, but fpoke in his hafte J for God forbid I fiiould fuggeft he meant to 
 raife a rebellion, and to bring his country into all that blood and confufion, 
 which, if God's goodnefs had not prevented it, had certainly followed. 
 
 The fermon ended about eleven o'clock, and the people were fo inflamed 
 before, that by one o'clock the mob were gotten together, their drum was beat 
 in the back ftreets, and all the confufions we are now to fpeak of followed. 
 
 The next day, the Deacons of the Trades, which is the fame as in London, 
 the IVIafters of the Companies, followed with a middling number of* tradef- 
 men, came to t the Council-Houfe, and leaving the people below, the Dea- 
 cons of Trades, and fome few, went up to the Provoft, and demanded of him 
 very rudely if he would addrefs. 
 
 The Provoft, though furprized with their manner, compofed himfelf, and, 
 according to his known calmnefs and fteadinefs of temper, told them, that he 
 was not fatisfied to addrefs ; and an eminent inhabitant of the towu, viz. the 
 Laird of Blackhoufe, ufed a great many arguments with them, civilly to perfuade 
 them to be eafy and fatisfied, and not to promote any diforders in the city. 
 
 V/hile they were thus difcourfing in the town-houfe, the number of the people 
 encreafed without, and began to be tumultuous ; but as foon as the Deacon* 
 came out, and reported to them in fhort, that the Provoft had refufed to addrefs, 
 the people fell a ftiouting, and raging, and throwing ftones,, and raifed a very 
 great uproar. 
 
 And here the Deacons defervedly obtain the title of the raifers of this rabble ; 
 tor had they related the calmnefs, the reafonings, and the manner, with which 
 the Provoft very difcreetly anfwered them, the people might very eafily have 
 been quietly difmiffed ; but now it was too late, the anfwer, as it was given to 
 them, was only in grofs, that the Provoft was refolute, and would not addrefs. 
 
 * By tradefi-nen ia Scotland, is underftood none but the meaner fort of people, fuch as Ihoe- 
 inakers, imiths, butchers, weavers, and the like, as in England are called handicrafts ; the fliop- 
 keepers, fuch as mercers, drapers, grocers, &c, are all called merchants. 
 
 t A chamber in the Tolbooth, where the Magiftrates fit, and where the City Council affembles, 
 diid where the Provoft generally is every morning, 
 
 Enraged
 
 270 THE HISTORY OF THE UNION 
 
 Enraged thus, they flung ftones at the windows, and, as much as they could, 
 infulted the Provoll; but he found means to withdraw, fo that they could not 
 hurt him for that time. 
 
 In this rage, they went direftly to the Provoft's houfe, got into it, took away 
 all his arms, which were about twenty-five mufquets, &cc. fome few things 
 were ftolen in the throng, but that was not much : from thence they went to 
 the Laird of Blackhoufe's dwelling, broke his windows, and {hewed their teeth, 
 and thus the firft tumult ended. 
 
 The Provoft retired for a while out of town, and the Laird of Blackhoufe 
 alfo, not knowing what the ifiue of thefe things might be. 
 
 I pay no compliment at all here, but a debt to truth, in noting that the Pro- 
 
 V-oft of Glafgow for that time, Aird, Efquire, was an honeft, fober, dil- 
 
 creer gentleman, one that had always been exceedingly beloved, even by the 
 common people, particularly for his care of, and charity to the poor of the 
 town ; and, at another time, would have been the laft man in the town they 
 would have infulted. 
 
 I mention this to obviate the fuppofition, that the rabble took this occafion 
 to infult him, upon former refentments, as has been ufual in like cafes. 
 
 The Provoft being withdrawn, and the addrefs they defigned thus baulked. 
 
 They fet it on foot without him, and indeed they efFeftually anfwered the 
 Magiftrates defire, who refolved, if there was an addrefs, it Ihould be a mere 
 mob addrefs. 
 
 Many a mean ftep they took to get hands, by threatening, affrighting, and 
 hurrying people into it^ taking youths and mere childrens hands to it. 
 
 Every man that refufed to fign it, was threatened to be rabbled, and have 
 his houfe plundered, which made a great many timorous people fign it, that 
 did not approve of it. 
 
 This being the method, it may eafdy be imagined, the addrefs was not many 
 days a finifliing j and fuch as it was, they fent it away by four of the tovvnfinen, 
 whereof the firft two * were the Deacon of the taylors, and the Deacon of the 
 ftioemakers ; the other two that went with it were gentlemen, too well known 
 to be fufpeftcd of dcfiring any fuch kind of tumultuous proceedings, but com- 
 plied with their defire, in order to prevent worfe confcqucnces, , 
 
 If the multitude of addrefies, which have been boafted of, as a declaration 
 of the averfion of the people to the Union, may be guefled at by this, thofe 
 gentlemen, who bring this as an argument, have fmall reafon to boaft", and 
 need not be very forward to have the particulars examined into. 
 
 The addrefs having thus been figned, and font away, the people begun to 
 be quiet again, and the tumults fecmed to have an end ; the Provoft, who had 
 
 * Robert Scot, Deacon of the Taylors, Stcvenfon, Deacon of the ihociiiakcrs ; John 
 
 Bowman, Dean of Guild ; and John Uaniilton, Gentleaian ; were the four that went »ip to the 
 Parliament with the addrefs. ■ .. 
 
 fled
 
 OF ENGLAND AND SCOTLAND. 271 
 
 fled to EJinburgh, came home again, and every one went quietly about their 
 bufinefs, tillj a little wliile- after, a new occafion fet all in a flame a»ain worfc 
 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 fee who laid the train; the trifle of addrelTmg was the leaft 
 thing they fought for, though that ferved a purpofe alfo ; and thefe good people, 
 who were drawn in to begin it, faw no further j but now it appeared to be all 
 Jacobite and Papifl: at the bottom ; that blood and confufion was the thing diey 
 drove at, and King James, prelacy, tyranny, popery, and all the mifchiefs this 
 nation has to fear from them, lay hid in the defign, as will prefcntly appear, 
 and the poor thoughtlefs multitude were only hurried into it, by a conjunftion 
 of miftakes. 
 
 The fecond rabble had a beginning as fmall as the firfl:, though not fo foon 
 laid, becaufe the firfl: had only the addrefs in view, and was managed by a few, 
 that the. contrivers ofthofe diforders had impofed upon, and deluded; but this 
 part was under the more immediate conduft of the very party themfelves, and 
 was introduced as follows : 
 
 One of the Magift:rates * of the City had committed a f fellow to the TolbootJi 
 for theft. He had, it feems, been taken offering to fale a mufquet or fome 
 other things, which it was made appear belonged to the Provofl; of the city, 
 and which Was taken out of his houfe in the time of the rabble above-mentioned. 
 This fellow lay in the Tolbooth for fome time; but it was obferved that in 
 nn evening there would be feveral of the common people at the window, talking 
 to him through the grates of the prifon. The Provofl apprehending that the 
 imprifonment of this fellow might be a pretence for a new difl:urbance, refolved 
 to difcharge him; but, that it might not feem to be done for fear, took a J 
 bond of him to appear again when called for, and among the refl: of the people 
 who came to talk with him at the"grate was one Finlay, a loofe fort of a fellow, 
 ■who had formerly been a fergeant in Dumbarton's regiment in Flanders, and 
 who openly profeflTed himfclf a Jacobite, a fellow that followed no employ, but 
 his mother kept a little change houfe || at the remotefl: part of the town on the 
 Edinburgh fide. 
 
 The fellow had given his comrades an account, that the magifl:rates had taken 
 a bond of him ; and the next morning this Finlay, and a rabble with him, comes 
 up to the Clerk's Chamber, another office in the § Tolbooth, where the Magi- 
 
 * It was Baillie Hamilton. 
 
 • f The fello\v's name was Parker, a loole vagabond profligate fellow of a very ill charafter, a 
 fpinner of tobacco by employment, but a very fcandalous perfon. 
 
 •j This is called there a bond of prefentation, and is all one with a limple recognizance v.ithout bail. 
 
 II The common name of an ale-houfe or inn in that country. 
 
 § The Town-houfe, in which is their offices and alio the prifon for the city ; it is generally like 
 the Guild-hall of a city, or the Town-houfe in England, faying that the prifon is generally in the 
 fame hotife in Scotland. 
 
 ftrates
 
 272 THE HISTORY OF THE UNION 
 
 ftrates meet, and there they demand this bond of the Clerk, it being put into 
 his hands. 
 
 The Magiftrates, willing to take away all occafions of tumult, and to leave 
 them no excufe, ordered the bond to be delivered up ; for the gentlemen rabble 
 had now the full command of the town. 
 
 But to let it be feen that thefe were but feeking occafions, notwithftanding 
 the Provoft had told them they fhould have the bond delivered up, and they 
 had now no reafon but to be fatisfied, the Clerk having orders to deliver it, 
 they continued together refolving to infult the Provoft at his coming out. 
 
 The Provoft not im.agining any danger, having granted their requeft, comes 
 innocently out of the Tolbooth and went toward his own houfe ; the rabble im- 
 mediately gathered about him, thrufting and abufing him, and not with villainous 
 language only, but with ftones and dirt and fuch like thrown at him. 
 
 He would have made to his own houfe; but the multitude increafing and grow- 
 ing furious, he took fandluary in a houfe, and running up a ftair-cafe loft the 
 rabble for fome time, they purfuing him into a wrong houfe ; however, they 
 fearched every apartment to the top of the ftair, and came into the very room 
 where he was ; but tlie fame hand that fmote the men of Sodom with blindnefs, 
 when they would have rabbled the angels, protefted him from this m.any-headed 
 monfcer, and fo blinded them that they could not find him. It is the opinion of 
 many of the fobereft and moft judicious of the citizens, that if they had found 
 iiim, their fury was at that time fo paft all government, that they would have 
 murdered him, and that in a manner barbarous enough ; and if they had, as we 
 fay of a bull dog, once but tafted blood, who knows where they would liave ended ? 
 
 The Piovoft was hid in a bed which folded up againft the wall, and which 
 they never thought of taking down. Plaving efcaped this imminent danger, he 
 was conveyed out of town the next day by his friends, and went for the fccond 
 time to Edinburgh. 
 
 The rabble was now fully mafter of the town ; they ranged the ftreets and did 
 what they pleafed ; no magiftrate durft' fliow his face to them, they challenged 
 people as they v/allccd the ftreets with this qucftion, Are you for the Union ? 
 And no man durft own it but at their extremeft hazard. 
 
 The next thing they did was to fearch for arms in all tlie houfes of thofe 
 that had appeared for the Union ; and firft they went to the Dean of Guild, 
 and, upon his refufing to give them his arms, they took them away by force. 
 They ftopt here a little, but having given out that they would fearch the houfes 
 of all that were for the Union, the Magiftrates aflembled, and.confidering that 
 if die citizens were difarmed, and the rabble pofTefled of their weapons, they 
 might in the next place poflefs their houfes, wives, and wealth, at their com- 
 mand ; and that it was better to defend themfelves now than be murdered and 
 plundered in cold blood. They refolved therefore to raife fome ftrength to 
 oj)pofe this violence, and accordingly ordered the town guards to be do\ibled 
 
 I
 
 OF ENGLAND AND SCOTLAND. 273 
 
 that night, and removed the place of arms from the ufual guard-houfe to the 
 Tolbooth. And that this guard fhould be of felcdh perfons fuch as they knew. 
 
 Accordingly orders were fent to all the Captains of the city militia, that each 
 of them fhould bring twelve men with them, fuch as they could depend upon 
 would ftand by them to fecure the peace of the city j and this was befides the 
 ordinary guard. 
 
 This was done readily, and with great fecrecy and celerity, the Captains of 
 the militia, being faithful honefl gentlemen, brought their men without any 
 noife, beat of drum, or the like, and leaving the ordinary guard at the ufual 
 place *, and were that night encreafed to a whole company, and tliis feleft 
 guard was placed in the Council Chamber f . 
 
 The rabble, who Iiad refolved to be as good as their words, were now gotten 
 together} and whether they thought the Magiftrates were met in the Council- 
 Chamber, and fo they refolved to begin with them j or whether they had intelli- 
 gence that they were upon their guard, is not certain ; but about nine o'clock at 
 night they gathered about the Tolbooth, and feeing a centinel placed at the 
 top of the ftair, % Finlay, of whom before, is ordered to go up, and fee what they 
 were a doing, as he called it. 
 
 When he came to the top of the ftair, the centinel challenged him, and 
 thruft him back j but he comes on again, and thrufts in with the centinel, and 
 gets by him. 
 
 At this juncture one of the citizens, who was privately appointed to meet as 
 above, was juft coming up j and having paflTed as privately as he could through 
 the mob, who were at the ftair-foot to the number of about 100, being a 
 feleft party only, for the reft were not then got together, was going up the 
 ftairs. This gentleman feeing a fellow afifault the centinel, boldly ftepped up 
 to him, and knocked him down on the ftair-head with the butt end of his 
 mufquet, and immediately calls the guard. 
 
 The guard immediately took to their arms, and headed by one Lieutenant 
 Lindfay, an old foldier of King William's, but now a burgefs and inhabitant 
 of the city, they came down and drew up at the foot of the ftairs. 
 
 Some pieces were fired in the ftreet, but whether at the guard or no, v/as 
 not known. The multitude was great by this time, and being late at night, 
 it could not well be difcerned : but as they had all the reafon in the world ro 
 expedl it, they fell refolutely to work with them, and fallying upon the rabble, 
 they immediately fled and difperfed. 
 
 Having thus broke the firft body of them, it was obferved that they only fled 
 
 * The ufual place for the guard of the town is in the Trone-gate-ftreet. 
 f In the Tolbooth one pair of ftairs high. 
 
 X The ftone flaps on the outfide, where the iron rails are, and where the officers fland to read 
 proclannations or any public aftj, 
 
 N n from
 
 274 THE HISTORY OF THE UNION 
 
 from the immediate fhock, but flood in throngs under the * piazzas, and in 
 the heads of clofes f, to fee what the guard would do ; and that with one hal- 
 loo, they could all be together again in a moment j whereupon a party was 
 ordered down J every ftreet to clear the piazzas and clofes, and fee the rabble 
 effedually difperfed, which they did ; but were all the way aflaulted from the 
 houfes and out of the clofes with curfes and ftones ; the former did not much 
 hurt, except to the givers, but the latter wounded feveral of the inhabitants, 
 and fome were very much hurt. 
 
 Had they been able to have renewed this guard, the public peace had been 
 maintained, and the whole defign of this rabble difappointed : but it is to be 
 noted, thefe gentlemen were all citizens, heads of families, and of the principal 
 inhabitants; the commonalty was univerfally debauched, and not to be 
 trufted, and the gentlemen could not do duty every night, neither had all that 
 were zealous enough againft the tumults, either bodies to bear the fatigue of 
 foldiers, or hearts to adventure ; and thofe that were forwarded, could not be 
 always in arms: this firft piece of work was on Saturday night, the next night 
 they relieved the guard by the like feledt number, and all was quiet; for while 
 thefe men appeared, the rabble durft not ftir. 
 
 On Monday the Magiftrates fummoned the Town Council, and fending for 
 the Deacons of the Tradefmen, the thing propofed was, what courfe fhould be 
 taken to fecure the peace of the city, and keep the Magiftrates and inhabitants 
 from plunder and infult. 
 
 The Deacons of trades, fubtilly, and as appeared defignedly, at leaft fuch of 
 them as were in the defign, propofed, that this feleft guard fhould be omitted, 
 and pretended to promife, that if any tumult happened, they would come to 
 the town guard with their men to defend the |city ; which whoever obferves 
 how well they performed, will think it no breach of charity to fay they never 
 defigned it : however, for this week there was no more tumult, but the mob 
 reigned matters, and Finlay, who now had made himfelf one of their leaders, 
 fet up a guard at the upper end of the town near the cathedral, as it were in 
 oppofition to the town-guard. 
 
 This whole week was fpent in amufements, and raifing reports of the rifihg 
 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 raife the Parliament : Finlay gives out, that he will march with 
 all the men of Glafgow, to meet their brethren at Hamilton on the fame defigri. 
 By whofe affiftance all this was done, the Government was too merciful to 
 inake a narrow inquiry, and fo I muft leave it as they did in the dark. Having 
 
 * The new buiklingi at the crofs have fmall piazzas of ftone on both fides, under which the 
 iLops arc, and the people may walk in wet weather. 
 
 I Clofes are the fame with bye-lanes or alleys. 
 
 X There are but four principal flreete, which all meet at the Crofs, and lead to the four gates of 
 the city. 
 
 brought
 
 OF ENGLAND AND SCOTLAND. 275 
 
 brought the folly and madnefs of the poor people to fuch a height, Finlay 
 adlually gets together about 45 men, for that was the mod of the great army he 
 raifed ; and on the Friday following, this contemptible wretch Iiaving made 
 himfelf their General, marches out of the city with them for Hamilton; tliey 
 were armed with mufquets and fwords, fuch as they had taken out of the Ma- 
 giftrates houfes ; and (wherever he procured it, for every one knows he had ir 
 not of his own) he diftributed to every man a dollar j and thus in arms againll 
 their native country, and the Proteftant religion, thefe poor deluded people 
 marched away, under the command of an abjedt fcoundrel wretch, that openly 
 profefled himfelf a Jacobite, and that, with his good will, would have feen all 
 the Prefbyterians in Scotland ruined. 
 
 But to fuch a pafs were things now come ; and who can account for fome 
 critical junftures, in which men may be brought to ruin themfelves with their 
 own hands, and never fuffer themfelves to liflen to the cautions of their friends ? 
 
 The town, though rid of Finlay and his vanguard, enjoyed not the ,m,ore 
 peace, or were in Icfs danger, for the mob that remained kept up their guard, 
 threatened yet worfe things than had been done, and were afterwards as good as 
 their words to a tittle. 
 
 The Government, it may be fuppofed, were conftantly acquainted with thofe 
 things, and their forbearance had not a little heartened up the party that pufhed 
 thefc mifchiefs on ; however, being lothe to come to extremities, they tried 
 gentler methods firft, and the Lord Hia;h CommifTioner having laid it before 
 the Parliament, they immediately pafled an act, difcharging the muftering of 
 the troops in the country during this felTion, and a Proclamation was publiihed 
 againft tumults, and both thefe were fent to Glafgow to be publiflied. 
 
 It fliould be noted here, that by the A&. of Security, any of the nobility, 
 gentry, or towns, might meet in arms, mufter and exercife their fencible men, 
 and the like, upon any occafion of which they were judges ; which was done 
 in order to make the militia of Scotland more ferviceable, or, as fome think, in 
 terrorem to ferve a caufe ; but be that as it will, it may remain undetermined j 
 but at this junfture, the Parliament forefaw it might be a handle for the draw- 
 ing together any number of men at fuch a time as this, and might be dangerous 
 to the peace, wherefore they caufed an a6b to be brought in to repeal that part 
 of the Aft of Security, for fo long only as the prefent Parliament was fitting. 
 
 When this aft of Parliament and Proclamation came to town, which was on 
 the Monday after Finlay's march, the Magiftrates affembled about ten in the 
 morning, and caufed the meflenger that brought it to read it at the Crofs ; ac- 
 cordingly the meflenger goes up to tlie * ufual place, and read firft the aft of 
 Parliament, the Magiftrates were below, and the officers attending as ufual, 
 and a vaft multitude of people were got together to hear what it was ; before 
 
 * The head of the ftone flairs on the outfide of the Tolbooth, juft fronting the Crofs, the fame 
 mentioned before where the centinet flood. 
 
 N n 2 the
 
 'i-jS THE HISTORY OF THE UNION 
 
 the officer had done, the people began to make a noife, and throw ftones at 
 him ; but however, the man went on, and read out the aifl, and began the Pro- 
 clamation againft tumults j but he had hardly read the title of the Proclama- 
 tion, when the ftones came lb thick, there was no Handing it, and the poor fel- 
 low, not a little bruifed, was driven off the flairs. 
 
 Upon this the Magiftrates ordered one of the town officers to go up and read, 
 which he did as far as he could, but was in like manner driven off by the fury of 
 the ftoning. In the interim of this, the Magiftrates had fent for the town-guard 
 to protedt the fecond officer in reading ; the officer of the guard feeing the other 
 officer abufed thus before their faces, commands his men to fall upon the rab- 
 ble with the clubs of their mufquets, which diey did, and knocked down fome 
 of them ; but the tradefmen that were upon the guard, in the very adion de- 
 ferted, and refufed to obey the command of their officers, which fo cncourao-ed 
 the rabble, that they came on again with fhouts and huzzas, and with vollies 
 of ftones they fell upon the few of the guard that were faithful, and drove 
 them off from the ftreet. 
 
 The officer that commanded them, retreated them into the guard-houfe, but 
 this was not a place to be defended againft fuch a multitude, fo in lliort they 
 broke in upon them and difarmed them, and well it was they came off without 
 blood, fome of them were very mucli bruifed with ftones. 
 
 The rabble, now fluflied with viftory, were in a terrible fury, and this was 
 the moft outrageous part of the whole tranfadion ; having difarmed the guard, 
 the next thing was to ftorm the Tolbooth, immediately they got ladders to the 
 v/indows, and breaking in, they feized upon 250 halberts, which are the town's 
 arms ; with thefe upon their ftioulders, in rank and file they roved about the 
 ftreets, and made their rendezvous at the old caftle, wliere their guard was 
 kept ; here they gave out, that in the afternoon, they would come down and 
 plunder the merchants houfes, nay, and threatened their lives too, which put 
 the whole city in an unfpeakable confternation. 
 
 Nor were they wanting in fome part of their threatened execution, for about 
 three in the afternoon they detached a party of about twenty men armed, fome 
 with mufquets, fome with halberts ; thefe, widi a drum before them, came to 
 the Crofs, and from dience took their march down the high ftreets, breaking 
 open the doors and houfes of whoever they pleafcd, pretending to fearch for 
 arms, but ftole and plundered whatever came in their way, and thus they con- 
 tinued till ten o'clock at night. 
 
 They got not above thirty mufquets, with fome piftols and fwords, but the 
 terror of the inhabitants is not to be txpreffed, wlio were obliged to bear this 
 violence without complaint ; this fmall party was followed by a vaft throng of 
 boys and idle fellows, like themfelves, which increafed tlie fright of the citizens. 
 Having thus ranged the city at pleafurc till about ten o'clock at niglu, they 
 marched away with the fpoil of their mafters up to their main guard, from 
 
 thence
 
 OF ENGLAND AND SCOTLAND. 277 
 
 thence they beat their tatoo round the town like a garrifon ; and indeed they 
 were no Icfs, for they had the city in their fuil poflcfTion, and every body's life 
 and goods at tiieir mercy. 
 
 Their rudencfs in this pretended fearch for arms is not to be defcribed, and 
 had they met with any oppofition, no doubt it would have been worfe ; they 
 came into the rooms where perfons that lay fick were juft dying, and put all 
 things into inexprefTible confufion ; they came into chambers, where women 
 were lying in, and barbaroufly made them rife, pretending to fearch under 
 their beds for arms. In fhort, except that there was no blood flied, tliey 
 a6led the exadl part of an enraged ungoverned multitude. 
 
 But to return to their army of forty-five, which was all this while on its 
 march, and were advanced as far as Kilfyth, on their way to Edinburgh. 
 
 The Government, who had an exafl account of all thefe diings, and who had 
 tried all the gende methods of proclamations, a6ts of Parliament, &c. find- 
 ing to what height things were brought, and that nothing but force could re- 
 medy them, prepared to be before-hand with thefc forward gentlemen ^ and 
 having an account both of their march and number, the Lord CommifTioner 
 ordered a detachment of dragoons, joined with fome horfe grenadiers of the 
 guard, under the command of Colonel Campbell, uncle to the Duke of Argyle, 
 to march with all expedition for Glafgow. 
 
 Finlay, in the mean time being at Kilfyth, has notice of the march of thefe 
 dragoons, within a few hours after his arrival there ; and hearing no news of the 
 great parties of 5 and 6000, which he had perfuaded his men would meet him 
 
 there i and being alarmed at the news of the dragoons, he fends back 
 
 Campbell, another of the ring-leaders of his rabble, to bring up the fecond 
 body which was to be ready to follow, and which were reported to be 400 ; but 
 they thanked him, and ftaid at home ; and with the reft he marched to Ha- 
 milton, where he arrived on Sunday about noon, the third day after his march 
 from Glafgow. 
 
 Here he quartered his army that night, and finding, as before, none of the 
 friends that were to aflemble from all parts, nor no news of them, he beftowed 
 a volley of curfes upon them, and marches direftly back to Glafgow, wliere he 
 arrived, to the no fmall mortification of his fellows, on Wedncfday, the next 
 day but one after the plunderings 1 have related before i they had halted at Rug- 
 land, a Borough about two miles from Glafgow, where, as I fuppofe, they 
 called a council of war among themfelves; but, being all voters, they agreed 
 upon nothing, but ta maixh home, which accordingly they did ; and in order 
 of battle entered the city, and marched direftly up to their main guard afore- 
 •faid : here they made, fays 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 myfelf to fay tliey 
 had done it before ; their danger began now to fliow itfclf,. and to ftare in their 
 
 faces
 
 ■z-}% THE HISTORY OF THE UNION 
 
 faces a little ; they began to confider what they had been doing with others, and 
 what was now lilce to be doing with them ; they had no more protedion fronx 
 the aft about muftering, and the proclamation began to work with them; and 
 now they did the only rational aft of their whole management, and which indeed 
 faved all their lives. 
 
 On Thurfday morning, having maturely weighed their affairs, they refolved 
 tofeparate, and lay down their arms, which accordingly they did very quietly 
 and calmly, and carried their arms, not to the Magiftrates, where they had 
 them, but to the Deacons of their trades, who they knew were their friends. 
 
 How it came to pafs, that Providence, whom they had ib far provoked, in- 
 fpired them with this prudence, fo feafonably for their own fafety, none, but 
 that infinite Goodnefs, that punifhes lefs than crimes deferve, can fay ; 'tis moft 
 certain, they had no particular intelligence of the march of the Queen's troops, 
 for the city itfelf knew nothing of them more than in general ; but it was not 
 full two hours after they had feparated, delivered their arms, and all was quiet, 
 but the dragoons entered the town -, not a Magiftrate, nor an inhabitant knew 
 of them, till they faw them upon the ftreet, to their no fmall fatisfaftion. 
 
 The whole party was about 220 men ; they had marched with great fecrecy 
 all night, and fuffered no body to pafs by them, to carry notice before of their 
 coming ; when they came near the city. Colonel Campbell detached an advan- 
 ced party of twenty-five dragoons, under the command of Lieutenant Pollock, 
 who knew the town, and knew where Finlay lived, the whole body following 
 at a fmall diftance. 
 
 The Lieutenant entering the town, ftopt, and alighted juft at Finlay 's door, 
 and rufhing immediately in with two or three dragoons, 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, fitting by the fire; they feized them 
 immediately, and by this time the whole body was entered the city, marched 
 down to the Crofs, and drew up there on the ftreet, where they fate ftill upon 
 their horfes, it raining very hard all the time, which was about three hours. 
 
 The mob of the city were in no fmall confternation, as may well be fuppofed, 
 at this appearance ; and feveral, whofe guilt gave them ground to think of the 
 gallows, made the beft of their way out of the town ; there was no appearance 
 of any refcue, and the dragoons commanded the people off of the Itrect, and to 
 keep their houfes j two fellows had the boldncfs to beat a drum in two feveral 
 parts of the city, but the gentlemen they called for had more wit than to come, 
 and the drummers, with very much difficulty, narrowly efcaped being killed. 
 
 The dragoons having fecured their prifoners, and mounted them on horfe- 
 back, with their legs tied under the horfes bellies, never fo much as alighted or 
 baited their horfes, but marclied away the fame afternoon to Kilfyth. 
 
 As they were going away, they had foine ftones thrown at them from the 
 tops of houfes, and fome that were ftraggling behind liad like to have been 
 4 knocked
 
 OF ENGLAND AND SCOTLAND. 279 
 
 knocked off of their horfes, but fix or fcven dragoons conaing back, they were 
 fetched off without hurt. 
 
 No fooner were they gone out of the town but the drums beat again in all 
 the ftreets, and the rabble got together with all the rage and venom imaginable, 
 and corning to the Magiftrates, they told them in fo many words, that they fhould 
 fend fome of their number to Edinburgh immediately, for that if they had not 
 their two men delivered to them, they would pull their houfes down about 
 their ears. Some have blamed the Magiftrates for fending to Edinburgh ; but 
 if fuch would confider circumftances, how the dragoons were gone, they had an 
 enraged mob to deal with, and no ftrength ro defend themfelves, it cannot but 
 be thought the gentlemen were in the right to comply with the junfture of the 
 time, and gratify rather than exafperate tliem, when they were abfolutely in 
 their power. 
 
 The Magiftrates, however, according to the command of their mafters the 
 mob (for fuch at this time they were) fent away two of the BaiUies of the 
 town and fome of the Deacons of trades went with them, but they foon came 
 back again as wile as they went, having received a fevere check from the Coun- 
 cil by the mouth of the Lord Chancellor ; and it was once within a little of 
 their being committed to prifon with the others. 
 
 Thus ended this petty war, being the only violence we meet with in the whole 
 tranfadtion. I had not been fo large in the relation of fo trifling an affair, but 
 that it ferves to clear up feveral other cafes to the world, which otherwife there 
 are feveral miftakes about. 
 
 I. And principally indeed for the fake of the city of Glafgow, a city which 
 in all ages fince the reformation, and in the very reformation itfelf, has been par- 
 ticularly famous for honefty, zeal, and bravery in a conftant oppofition to the 
 enemies either of the religion or liberties of their countiy; a city eminent for 
 the true and lincere profeflion of the reformed religion, and forward upon all 
 occafions to fpend their blood and treafure in defence of it ; and as nothing can 
 be more untrue than to fuggeft this tumult was the aft and deed of the city of 
 Glafgow, fo to clear her of that fcandal, I thought myfelf obliged to do her 
 juftice, by fetting the cafe in its true light; nothing clears up the innocence of 
 aperfon or party like bare matter of fadl, and therefore I have Impartially re- 
 lated this ftory juft as I received it upon the fpot from feveral of the principal 
 inhabitants of the city, whofe integrity in the relation I have no reafon to queftion. 
 
 Nothing is more certain than that the tumult at Glafgow had its rife and be- 
 ginning among the Jacobite party : in all the rabble and riots they were fecured 
 as they pafTed the ftreets, they were carefled by the mob, they huzza'd them to 
 the work, their houfes were never fearched for arms, nor the leaft infult offered to 
 their perfons ; the very leaders of the rabble were of their part)', and indeed their 
 friends mixed themfelves with the rabbles on all occalions to prompt them to in- 
 fnlt the citizens. 
 
 The
 
 aSo THE HISTORY OF THE UNION 
 
 The rabblers thcmfelves, on the other hand, were a fort of people ignorantly 
 inflamed by this party, and unhappily fet on fire by an accident which had its 
 beginning rather in an ignorance of the plot of that party, than defign to ferve 
 them in it. 
 
 But for the city of Glafgow, it is clear not a citizen of any note, not a Magi- 
 ftrate, not a merchant, not any thing that can be called denominating to a place, 
 but what abhorred it, and as far as they durft oppofed it ; and I think it is hard 
 they fhould firft fall under the misfortune, and then under the fcandal of it too; 
 and for that reafon I have been thus particular in the ftory. 
 
 Again, here may be feen a fmall fl<^etch of the petitioners and addreffers againft 
 the Union, and of their original, who they are that were moved, and who moved 
 them ; not a Papift, not a Jacobite, not a Prelatift in Scotland, but what declared 
 themfelves againft the Union ; and thofe honeft men that unhappily approve 
 them in that, may fee what blefled company they were yoked with, which is a 
 hint I cannot avoid leaving upon record for their inftruftion. 
 
 I fhould have told you that the Sunday after being the 15th of December, the 
 dragoons returned to Glafgow, and inftead of returning the two prifoners they had 
 taken, carried away three more, and had direftions for others, but it feems 
 they were fled. 
 
 They went to Hamilton alfo, and feized two gentlemen and a lady who belong- 
 ed to the Duchefs , and who, they faid, Finlay accufed j but both thefe, and 
 
 all the reft, were, after the Union was finiflied, difcharged without puniftiment j 
 the merciful Government of her Majefty rather delighting to pity than to pu- 
 nifti the follies of the poor deluded people ; fliewingthem the diff^erence between 
 the legally eftabliflied power, which they blindly oppofed, and the paft implac- 
 able and mercilcfs tyranny which they as blindly efpoufed. 
 
 And thus happily ended the tumult at Glafgow, which put the honeft people 
 of both nations in no fmall apprehenfions j and which, if the party had obtained 
 their defign in getting the poor people into arms in other places, might have 
 been fatal enough. 
 
 Mean time the Queen was not unconcerned at thefe diforders, and troops 
 were fent from England to the borders, to be ready to aflift the Scotch forces, 
 and to fupport the Government if there had been occafion, having orders given 
 them to quarter in the moft northerly towns of England, and to take their further 
 orders from the Lord High Commiflloner of Scotland, as there fliould be occa- 
 fion. But the fuccefs of things beginning to change a little after thefe hurries, 
 there was no occafion for them. 
 
 The Parliament was now entered upon the clofe debate of the articles, and 
 the fiift and chief points being pafled in the Houfe, it was plain to every body 
 that the Houfe was refolved to go through the work ; and it is no wonder if the 
 laft ftruggles of all the parties oppofing it were now feen. 
 
 a All
 
 OF ENGLAND AND SCOTLAND. 281 
 
 All the attempts to rallc tumults, and to rabble the Parliament out of it, 
 had proved abortive ; and it was found impoffiblc to bring the common peo- 
 ple 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 fee, if 
 poffiblc, they could pufli the Prcfbyterians, or the mere rabble of the common 
 people, upon making fome dillurbance, that fo they might pull down their 
 enemies by the hands of one another, and fee their work done for them. This 
 was apparent from the manner ot proceeding, which was, by dropping papers, 
 and fending about private meffages from no particular perfon, but as froin 
 their brethren in this or that fliire ; inviting, dircdling, and encouraging the 
 people to meet and alfemble ; to furnifh thcmfelves with arms and ammuni- 
 tion ; and naming the place and day where to meet and affemble, in order to 
 march to Edinburgh ; and to raife the Parliament, and prevent the ruin, fuch 
 they then called the Union, of their countr)', and their being given up to the 
 Englifli. 
 
 They took all thefe courfes to raife and excite the people; but ftill they found 
 it ineffedtual as to meetings and rendezvoufcs, except as you have feen; however, 
 the Parliament took fome notice of it ; the Lord Commiffioner laid it before 
 them on the 29th of November, and they immediately caufed a proclamation to 
 be publillied, to prevent tumultuary and irregular convocations of the Hedges. 
 This was the fame which was read in Glafgow at the time of the tumult as afore- 
 faid, when the people ftoned the meflengcr that read it, off from the head of 
 the llairs of the town hall or tolbooth. 
 
 It had been confidered, that there was a claufe in the adl of Security which 
 impowered the people to meet, or convene in arms, under pretence of ex- 
 crcifing the fcncible men. The claufe was as follows : 
 
 " And for a farther fecurity to this realm. Her Majefty, with advice and 
 " confent aforefaid, ftatutcs and enafts, that the whole Proteltant heretors, and 
 " all the burghs within the fame, fliall forthwith provide themfelves with fire 
 " arms, for all the fencible men who are Proteflants within their refpedtive 
 " bounds, and thofe of the bore proportioned to a bullet of fourteen drop 
 "weight running; and the faid heretors and burghs are hereby impowered 
 " and ordained to difcipline and exercife their fencible men once in the month 
 " at leaft." 
 
 Now the firft rumours of country tumults had been pretended to be founded 
 upon this claufe; and, that under pretence of this exercifing and difciplining 
 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 public peace, at which 
 there was room for a whole army to enter : for any of the gentry, nobility, or he- 
 
 O o retors,
 
 •:8a THE HISTORY OF THE UNION", 
 
 retors, who were difaffcftcd to the aflfaJr now in hand, under the prote<5Eion 
 of this claufe, pretending only exercifing and difciplining the fencible men, 
 might afllnnble together, and keep together without any limitation of number 
 or time, till they had formed a fufficicnt force, and then marched to the 
 deftrudtion of the Governmenty the laws, and all the defences of the public 
 peace. 
 
 It was time now to flop this breach, and therefore an ad: was pafl in the 
 Houfe to repeal the above-faid claufe, fo far forth as it extended to the meet- 
 ing, muftering, and convcening together of the people during the fitting of 
 the Parliament : which adt being a very plain evidence to the truth of what 
 I am upon, I have added here, as being not long enough to interrvipt the thread 
 of this difcourfe. 
 
 " Our Sovereign Lady confrdering, that, by the third aft of the fecoiid 
 *' feffion of this Parliament, intitlcd,. ' Aft for fecurity of the kingdom,' 
 " It is flatute and enafted, that the whole Proteftant heretors, and all the 
 *' burghs within the fame, fhall forthwith provide themfelves with fire arms 
 *' for all the fencible men, who arc Prateftants, within their refpeftive bounds; 
 ** and the faid heretors and burghs are thereby impowered and ordained to 
 " difcipline and exercife their fencible men once in the month at leail ; 
 " and alfo confidering, that the diforderly and feditious meetings and tumults 
 " in fome places in the country, do make it neceflary, at this occafion, to fuf- 
 *'■ pend the effeft of the afc^efaid claufe during this feffion of Parliament al- 
 *' lennarly ; therefore Her Majefty, with the advice and confent of the efUtes 
 *' of Parliament, doth hereby fufpend the effeft of the aforefaid claufe, and that 
 " during this feffion of Parliament allennarly. And farther. Her Majefty, with 
 *' advice and confent aforefaid, difcharges and ftriftly prohibits the fubjefts 
 '* of this kingdom, to meet and affemble together in arms, after the publica- 
 " tion hereof, upon any pretence whatfoever, during the fpace aforefaid, with- 
 " our Her Majefly's fpecial command, or exprefs licenfe had or obtained 
 " thereto. And requires and commands all the fubjefts of this kingdom, to 
 " retire to their own habitations and lawful employments; certifying fuch as 
 " fhall do in the contrary, that they fliall be liable to the pains of high treafon, 
 " conform to the laws and afts of Parliament, made againft unlawful convo- 
 " tions and rifmg in arms." 
 
 This was a moft cfTcftual ftep to check the riots and tumults of the people^ 
 for, after this, no man of any confideration durft fhow himfelf : and finding the 
 Government refolved to punifh whoever fhould make any attempt of that na- 
 ture, they began to give over the thought of taking arms. 
 
 Thus the affair without doors fecmed to attend the debates of the Parliament ; 
 ai\d all we meet from abroad, amounted to oo more- than addrcfles without 
 
 num-
 
 OF ENGLAND AND SCOTLAND. 285 
 
 number from tlie towns and counirics, and feme from the prcfbytcrics, againft 
 the Union, in the terms of the articles ; with difputcs abotit amendments to 
 the fevcral articles, as they came before them; the particular cafes of which 
 will come of courfe, in the obfervations on the minutes of Parliament. 
 
 Mean time it may be noted, the Parliament entered upon the debate of the 
 articles, ftating the duties, fettling the equivalent that was to be paid to 
 Scotland, in confideration of the Englifh debts, proportioning the excife, &c. 
 
 This affair of the Engliili debts has been fuch an occafion of clamour in 
 Scotland, that I cannot but think it very neceflliry to give a ftate of it in fliort, 
 as it lay before the Parliament. 
 
 The treatcrs in England, as has been noted in the obfervations on the mi- 
 nutes of the treaty in London, had been convinced of the neceffity of having 
 the cuftoms and excifes of Scotland, when they came to an union, run in the 
 fame channel with the excifes and cuiloms in England ; and this, by confe- 
 quence, engaged them in the fame appropriations and incumbrances that the 
 fame duties in England were liable to. 
 
 This created an objedlion, viz. That Scotland was under no incumbrance 
 of debt, at leall none that thofe duties were appropriated to ; and, therefore, to 
 bring her into taxes of any fort, other than fuch as were to bear the burden of 
 the war, was not confiftent with the equalities of burdens, which were allowed 
 to be the only foundation of an Union. 
 . The equity of this was not to be withftood, and therefore the Englifh Com- 
 millioncrs readily agreed, there was no reafon the revenue of Scotland fhould 
 be applied to the Englifh debt without conditions. But, as the circumftances 
 of the nations required an equality of taxes ; and thofe taxes in Scotland mufl 
 run in the channel of the taxes of the lame kinds in England, the Englifh 
 mufl pay to Scotland an equivalent in money. This was fettled bv the treaty, 
 as in the minutes appears at large. 
 
 Now the equivalent being determined, the Parliament was for a long while 
 employed in debating what taxes, what cuftoms, and what excifes fliould be 
 paid by Scotland. It is needlefs to enter upon the particular reafonings on the 
 feveral heads as they were debated in the Parliament, fince the minutes of the 
 Parliament will particularly difcufs thofe points; but it may be needful to note 
 a little, the reafons of all thofe dilputes. 
 
 I have often noted, that there was a party who were bufy, not fo much in 
 arguing for regulating, as deflroying the articles; that argued againft the 
 Union in general, not againfl: the articles in particular : thefe having in vain 
 ftrugglcd againfl the main articles of the treaty, fuch as union in general, fuc- 
 cefiion, communication of trade, and the like, began now to labour at the 
 particular heads : and firfl, rhey would have it, that Scotland fhould not pay 
 
 O o 2 aiiy
 
 284 THE HISTORY OF THE UNION, 6cc. 
 
 any of the cuftoms or excifes in ufe in England ; but when convinced of the 
 injuftice of thefe pretences, they could no longer objeft againft an equality of 
 taxes, then they began new debates upon the circumftances of the faid cuf- 
 toms and excifes, and pufhed at all forts of exemptions, inequalities of payments, 
 reftridlions and latitudes they could imagine, if poflible to bring on fome amend- 
 ments upon the articles, which they knew would perplex the Union in the Eng- 
 lifh Parliament ; fuch were the liberty of exporting wool, the exemption 
 from the duties on fait for ever, the reducing their ale to the excife of fmall 
 beer in England, and the like ; and this makes It appear, that I have not 
 wronged them, in faying, that their dcfign was at the Union in general. 
 
 It would be too much to enter upon the difcourfe here of the feveral ob- 
 jeftions againft the equivalent, the taxes, the excifes, &c. and innumerable 
 cavils at the feveral duties on export or import. Thefe things occupied the 
 whole town, and all the people, as their feveral fancies and informers led them, 
 fpent the time in canvaffing and difputing the articles of commerce, impoft, 
 &c. what could be paid, and what not. 
 
 Nor is it to be wondered that thefe debates were warm ; for, as the profpedt 
 of tumult began to abate, the people took the more liberty in fpeech ; and the 
 Government being very backward to punifh the exorbitances of the tongue, 
 itt a time when they were inviting all the people to unite, all the gall and ill 
 . humour of the party vented itfelf at the mouth. This filled the country with 
 Innumerable raillery and reproach ; all companies were divided; nay, even fa- 
 milies, relations, and the neareft in affeftion, divided upon the fubjedt. 
 . The fcruples of religion alfo revived now ; and a great many finding the 
 treaty was like to go on, began to fet up their foundations for oppofition, and 
 revive the fcruples of the union interfering with the national covenant ; the 
 danger of the church of Scotland, from the fuffrages of the Englifh bifliops, &c. 
 
 All thefe things helped to raife heats among the people, and fome went up 
 to a flrange height of jealoufy and difcontent ; and what they could do, they 
 did : as for tumults and rebellions, that time began to be over with them, 
 ■but parties and feuds increafed every day; and fo they went on till the Parlia- 
 ment went through the whole treaty ; and how they behaved then, will follow 
 to be fpoken to in its courfe. 
 
 A N
 
 A N 
 
 ABSTRACT 
 
 OF THE 
 
 PROCEEDINGS 
 
 ON THE 
 
 TREATY OF UNION 
 
 WITHIN THE 
 
 i»ARLIAMENT of SCOTLAND: 
 
 A S A L S O 
 
 So much of the Minutes of the faid Parliament as contain Things neceflary to 
 j be known on the Account of the Treaty ; 
 
 :W.ITH SEVERAL THINGS NOT PRINTED IN THE SAIP MINUTES. 
 
 With OBSERVATIONS THEREON. 
 
 MINUTE I. 
 
 the Parliament met on the T^d of O£ioher^ 1706. 
 
 JlJ-ER Majefty's commiffion to His Grace James Duke of Queenfberry, for 
 reprefenting her royal perfon in this fcffion of Parliament, read by the Lord 
 Clerk Regiftcr, and ordered to be recorded. 
 
 Her Majefty's gift and commiflion in favour of James Marquis of Montrofe, 
 to be Prefident of her moft honourable Privy Council, read, and ordered to be 
 recorded. 
 
 The Earl of Abercorn fwore the Oath of Allegiance, fubfcribed the fame 
 with the Affurance, and took the Oath of Parliament. 
 
 Patent
 
 286 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Patent creating Lord Henry Scot Earl of Deloraine, read, and ordered to be 
 recorded ; whereupon he fwore the Oath of Allegiance, fubfcribed the fame with 
 the Affurance, and took the Oath of Parliament. 
 
 The Vifcount of Kiifyth fwore the Oath of Allegiance, fubfcribed the fame 
 with the Affurance, and took the Oath of Parliament. 
 
 Moved, That the Lord Banff, who was fometime Papift, being now Proteflant, 
 and willing to fign the formula fubjoined to the aft of Parliament in November 
 1 700, " for preventing the growth of Popery," may be admitted ; and accord- 
 ingly, he having taken and figned the for tnii/a, he therefore fwore the Oath of Al- 
 legiance, fubfcribed the fame with the Affurance, and took the Oath of Parlia- 
 ment. 
 
 Petition Lady Mary Bruce, and William Cochran, younger, of Ochiltrie, her 
 
 hufband, for his intereft, againft admitting of Sir Alexander Bruce to fit in Par- 
 liament in the rank and dignity of Earl of Kincardin, read ; Sir Alexander 
 Bruce, in anfwer to the faid petition, craved that the patent in favour of Earl 
 Edward Bruce, of Kincardin, might be alfo read ; which being accordingly 
 read, after fome debate upon the cafe, it was put to the vote, " Hear the par- 
 " ties farther upon the matter, or admit Sir Alexander," and it was carried 
 ** Hear," and the next federunt appointed for a hearing. 
 
 ■ Her Majefly's letter to the Parliament, prefented by Her Majefty's High 
 Commiffioner, was read firft by the Lord Clerk Rcgifter, and therefore read 
 again by one of the ordinary clerks. 
 
 " Her Majefly's High Commiffioner made his fpeech to the Parliament; as alfo 
 my Lord Chancellor made his fpeech. 
 
 And Her Majefly's letter and the faid fpeeches were ordered to be printed. 
 
 Articles of Union agreed on by the Commiffioners nominated on behalf of 
 the kingdom of Scotland, and the Commiffioners nominated on behalf of the 
 kingdom of England, prefented 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 Commiffioners 
 of both nations for the Treaty of Union be likewife printed. 
 
 Adjourned to Thurfday, Odlober 1057061. 
 
 OBSERVATION I. 
 
 It might be noticed here, that feveral gentlemen took the Oath of Parlia- 
 ment, who had not done the fame before ; I obfcrve it, becaufc it was faid, 
 that fome did fo particularly to qualify themfclvcs to be ferviceablc in this 
 caufc, to the rcfpcdllvc interells they efpoufed : I do not fay it was fo ; nor 
 
 ■ do I care to diflinguifli pcrfons fo much, as to put any mark upon names from 
 common fame; every one is to judge of that as they think fit. 
 
 The 
 
 i
 
 WITH OBSERVATIONS THEREON. 287 
 
 The party againft tht Union finding the articles, as ihcy were conchided at 
 London, were concealed, or, at leaft, not made public, gave out in Scotland, 
 that the Scots CommilTioners having had it in their power to obtain mofl ad- 
 vantageous conditions from England, but having been brought bafely to fub- 
 mit to the arbitrary defigns of fome leading men employed in the treaty in 
 England, they had been very fupcrficial in their demands, and therefore diirfl: 
 not publifli their proceedings till the Parliament of Scotland met, and then 
 the whole treaty would be rejefted, which vt^ould be agreeable to others of the 
 Commiffioncrs of both nations. This groundlcfs opinion being diffufed, and 
 believed by many of their party of beft fenfe, made them eafy and inactive, 
 till too late they perceived the Queen, her Miniftcrs, and all perfons concerned 
 in adjufting that treaty, to be in earneft ; and then they turned the fame no- 
 tion to another ufe, viz. to calumniate and reproach the Commiffioncrs. 
 
 The printing tlie articles alfo, which the oppofers of the Union afterwards 
 boafted of as their aft and deed, was introduced againft their defign ; for, at 
 the private meetings of thofe againft the Union, the queftion was, how to de- 
 lay the printing of the articles, or any thing elfe, whereby to gain time, till 
 the Parliament of England fliould meet, which was then prorogued to the 
 twenty-third of Od:ober ; fo that both Parliaments fitting together, they ex- 
 pefted to confound the meafures for carrying on the treaty by mutual propo- 
 fals, doubts, &c. But this projedl of declaring the printing of the articles 
 was prevented ; for the articles being prefented and read, after a long filence 
 in the Houfe, Mr. Seton, of Pitmedden, rofe up, and told the Lord Chancel- 
 . lor that he found himfelf obliged to propofe the printing the articles, which 
 had been read in the Houfe, to the end the curiofity and judgement of all 
 forts of people might be fatisfied, and that the not printing might be no ar- 
 gument, in time coming, for a delay to the ratifying of the treaty. Which 
 propofal was refumed by the Lord Chancellor ; and no member oppofing or 
 feconding it, he looked upon it as acquiefced to, and ordered the articles to be 
 printed. 
 
 Nota, The minutes of the treaty at London, and the articles agreed on 
 there, fhould have been Inferted here ; but they are already brought In at 
 large, and need not be repeated. The fpeech of the Lord Commiffioncrs 
 alfo, and the Lord Chancellor, together with the Qiieen's letter, are inferted 
 in the part immediately proceeding this, to which I refer ; and therefore, and 
 to avoid repetition, they are left out here, though they properly belong to this 
 day's minvvte. 
 «
 
 a88 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE IL 
 
 ^hurfday, OHober lo, 1706. 
 
 The Earl of Sutherland protefted agauift the calling any Earl before him in 
 the rolls of Parliament. 
 
 Alexander Abercrombie, of Glaflbch, Commiffioner for the Ihire of Banff, in 
 place of Alexander Duft', of Bracco, deccafed, fwore the Oath of Allegiance, fub- 
 fcribed the fame with the Aflurance, and took the Oath of Parliament. 
 
 A(fl for fettling the orders of the Parliament Houfc read, and copies thereof 
 ordained to be fixed on the doors, and other places, according to cuftom. 
 
 The cafe Lady Mary Bruce and her hufband, for his intereft, againfl: Sir 
 Alexander Bruce, of Broomhall, called, and their procurators being heard, and 
 the Parliament having confidered the debate, it was put to the vote, " Admit 
 " Sir Alexander Bruce, or no;" and carried " admit:" (referving to Lady Mary 
 Bruce and her hulband, for his intereft, their right and declarator before the 
 Lords of Seffion, as accords.) And he did take his place as Earl of Kincardin 
 accordingly, fwore the Oath of Allegiance, fubfcribed the fame with the Aflu- 
 rance, and took the Oath of Parliament. 
 
 Adjourned till Saturday next at ten o'clock. 
 
 OBSERVATION IL 
 
 ■ The Earls of Sutherland and Crawford, in the procefs of this protcft 
 againft each other for precedency, produced the noblcft documents for the 
 antiquity of their families, fuch as very few families in the world can imi- 
 tate. 
 
 MINUTE III. 
 
 Saturday^ 05Ioler 12, 1706. 
 
 The Lord Oliphant fwore the Oath of Allegiance, fubfcribed the fame with 
 the Affurance, and took the Oath of Parliament. 
 
 Moved, That the articles of Union, agreed on by the Commiffioncrs nomi- 
 nated on behalf of the kingdom of Scotland and England, be read again ; and 
 alfo moved, That the minutes of the proceedings of the Commiflioners be like- 
 wife read; and after fomc reafoning, it was agreed, that the faid articles of 
 Union flrould 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 Parli- 
 inent they be to be fcen in the Laigh Parliament Houfe, where fomc of my Lord 
 
 Rcgiflers fervants are to attend. 
 
 2 ^ And
 
 WITH OBSERVATIONS THEREON, 289 
 
 And the articles of Union being accordingly again read, it was agreed, that 
 the Parliament fliould proceed to the confideration of the faid articles of 
 Union the next federunt. 
 
 Adjourned till Tuefday next at ten o'clock. 
 
 OBSERVATION III. 
 
 Great oppofition was made in Parliament this day, againfl reading the 
 articles ; and feveral arguments brought by the gentlemen on that fide 
 for delays ; among which this was one, and this the firft time it was ftarted 
 in the houfe, viz. The confulting principals or conflituents ; and fome gen- 
 tlemen went fo far as to acknowledge, the power of a member of Parliament 
 was limited by their conflituents ; and that the Parliament could not law- 
 fully debate, much lefs determine an affair of fuch a nature as this, viz. Of 
 deftroying the conflitution, without, as aforefaid, confulting and obtaining 
 the confent of their conflituents. 
 It was replied that, 
 Firfl, This was not deflroying the conflitution. 
 
 Secondly, The Parliament was particularly called by Her Majcfly, for 
 this end ; and the work exprefTed in the proclamation for their eledlion ; 
 and that therefore they were particularly elefted by their conflituents for this 
 work, and thereby impowered to debate and conclude it without farther powers. 
 Thirdly, Others argued the pofitive, and affirmed the Parliament had full 
 power to adl on this matter, though there had been no fuch exprefiion in the 
 proclamation. 
 
 The debate was long and warm enough, and began to inform us what 
 was to be expedled ; 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 propofal was made this day for a general fafl, which occafioned fome 
 debates, but was adjourned. 
 
 And here it was very publicly obferved, from what hands the motion of 
 a fafl came : fome malicioully enough, though merrily, noted, that the mo- 
 tion of a fafl came firfl from thofc, who were very rarely obferved either to 
 fafl or pray, and that now began to talk fo religioufly, that it was taken 
 for a mere banter. 
 
 On the other hand, it was obferved, that the mofl fober and religious 
 members, both of the nobility and gentry, oppofed this motion in the Houfe ; 
 but the reafon was evident. 
 
 The great projedl jufl then carrying on In the kingdom, wag to amufe 
 the people, pofTefs them with fears of fome flrange thing then tranfacling, 
 
 P p and
 
 290 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 and of impending dangers dreadful to the kingdom, and which they had 
 no remedy to prevent, but, as in great dillrefs, to fly to their prayers, as ma- 
 riners in a ftorm. This they thought would of courfe be made the more ter- 
 rible by the miniftcrs in general exciting the people to extraordinary hu- 
 miliations, which, whether ill dcfigncd or no, might be ill enough mipro- 
 ved, and the people thereby made the more uneafy. 
 
 Perhaps, alfo, they might hope for fome indifcretion and undue warmth in 
 the pulpit, efpecially from fome men, which they were willing to think 
 they could influence to fo much weaknefs : but in this alfo they were dif- 
 
 appointed. 
 
 For the fame reafons, thofe gentlemen who were of the mofl religious 
 
 converfation, and known to be well affedted to the church, and to any thing 
 that had but an afpefb of lincere piety, were neverthelefs againft this faft, 
 as unfeafonable and dangerous, and as a thing they fbrefaw was defigned par- 
 ticularly to make the people uneafy with thefe profpedts. The debate was 
 urged warmly enough on both fides, but at laft was adjourned ; and fo the 
 defigned faft was put off for the prefent, though it was afterwards introduced 
 piecemeal, and all the ufe made of it that could be to raife the fpirits of the 
 people, if pcffiblc, to the diforders aimed at, as we ihall fee in the fequel of 
 this hiftory. 
 
 MINUTE IV. 
 
 Tuejday, Holer 15, 1706. 
 
 Warrant granted to the barons and freeholders of the fhlre of Fife, to meet 
 on Tuefday the 29th inftant, to electa commiflioner in place of Sir Archibald 
 Hope, of Rankeillor, deceafed. 
 
 Moved, " That according to the lafl minutes, the Parliament fhould now 
 *' proceed to the confideration of the articles of the Union." 
 
 Moved, " That the members of Parliament may yet be allowed eight days 
 " farther to confider more deliberately the articles and minutes ;" and, after 
 fome reafoning, it was put to the vote, " proceed prefently to the confide- 
 " ration of the articles of Union", or " continue the confideration thereof till 
 " the firft federuni next week," and it carried, " proceed." 
 
 Whereupon the firft article of Union was read, as alfo the minutes of the 
 proceedings of the Commiflioners for the treaty relative thereto, and Her Ma- 
 jefty's commiiTion to the Commiffioncrs for the treaty on behalf of this king- 
 dom, were likewife read ; and after fome reafoning and difcourfing thereupon, 
 the farther confideration thereof was delayed till the mxt/edaunt of Parliament. 
 
 Adjourned till Thurfday next at ten o'clock. 
 
 OBSER-
 
 WITH OBSERVATIONS THEREON, 291 
 
 OBSERVATION IV. 
 
 Here, the gentlemen who appeared againft the Union, finding they could 
 not carry the point, as debated the laft day, moved for a delay of but 
 eight days ; and feveral arguments were offered, to obtain fo fliort a delay. 
 
 But in this they loft feveral of thofe who voted with them before, and who 
 feeing the vote of confulting conftituents rejc(fl:ed, could not be convinced 
 of the advantage of eight days delay ; and this made it feem more particu- 
 larly a defign only to delay. 
 
 Whereupon the queflion being put, it was carried by a great majority j 
 and this was the firft trial of the ftrength of the parties, and the firft en- 
 couraging proof that the Union would go on : The majority on this vote 
 was fixty-four ; but the names having not yet been ordered to be made public, 
 it was not known who were on one fide or the other. 
 
 Before this vote was put, It was alfo debated, whether this reading of the 
 articles fhould 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 oppo- 
 fition ; for thofe who were for the Union, were yet willing to have it fully 
 debated, and all things for its better explanation underftood, and were con- 
 tent to have it as thoroughly examined as they plcafed, and therefore gave 
 their votes freely for a general reading. 
 
 The other gentlemen, who were only pufiiing at delays, and ftriving to 
 gain time, thought they gained a great point in this ; and therefore, with 
 all their intereft they puflied at a general reading only, which was prefently 
 agreed to, viz. " That the articles fiiould be read and difcourfed of in this 
 " Parliament, but that none of them fliould be voted, till all was read over 
 " and confidered." 
 
 Upon the above debate, and concluding only to read and difcourfe, the 
 firft article of the treaty was read publicly; but the reading of the commif- 
 fions and minutes taking up a great deal of time, there was not much dif- 
 courfe in the houfe at that time ; for the great affliir now in agitation was, 
 to ftir up the people without doors, and bring them, either by clamour, 
 tumult, or tumultuous addrcftes, to declare a general diftike both of the 
 Union In general, and of the Articles in particular ; and at this time they 
 began to threaten from without doors. 
 
 The ftreets and doors were exceedingly thronged this day in expectation 
 of the event, the people expefting ignorantly to hear whether the firft 
 article was voted and approved, or rejefted ; and when fomebody came out 
 
 P p 2 and
 
 a92 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 and fald unwarily the firft article was not voted, it ran through the town, 
 that it was rejedted ; and the mob, who appeared now to be managed by 
 fome gentlemen, began to fhout, and people apprehended the Union had 
 been voted againft in the general ; but they were difcovered too foon by 
 this ; and it was prefently underftood, that the article was only difcourfed 
 of, and the difcourfe adjourned too. 
 
 The next day the minutes being printed, the minds of the people were a 
 little cooled, when they faw the Houfe went on fo deliberately, and that 
 nothing was to be voted till all the articles were read over and confidered. 
 
 MINUTE V. 
 Ihurjday, O^oher 17, 1706. 
 
 Addrefs of the Commiffion of the late general aflembly of the church of 
 this kingdom, for eftablilhing and confirming the true Proteftant religion, and 
 government of the church, as by law eftablifhed therein, read ; and thereupon 
 the Parliament declared, that, before concluding the Union, they would take 
 the faid addrefs to their confideration, and would do every thing neceffary for 
 fecuring the true Proteftant religion and church government, prefently by law 
 eftablifhed in this kingdom. 
 
 Difpenfation granted to inferior Courts to fit, notwithftanding of the fitting 
 of the Parliament. 
 
 The Parliament proceeded to the farther confideration of the articles of 
 Union, and the fecond article thereof was read ; as alfo the minutes of the 
 treaty relative thereto ; and the ad: of the Parliament of England, in the firft 
 year of the reign of Their late Majefties King William and Queen Mary, in- 
 titled, " An Acft declaring the rights and privileges of the fubjefts, and fet- 
 ** tling the fucceffion of the Crown," were likewife read, and were thereafter 
 reafoned and difcourfed upon. 
 
 The third article read. 
 
 And thereafter the fourth, fifth, fixth, feventh, and eighth articles were all 
 feverally read, with the minutes relative thereto, and were all reafoned and 
 difcourfed upon. 
 
 Adjourned till Saturday next at ten o'clock. 
 
 OBSERVATION V. 
 
 . The Commiffion of the General Aflembly having fat from the 9th inflant, 
 had been in fevcral warm debates about the matter, in what manner they 
 fliould behave thcmfclvcs in this jundure : Some hot gentlemen had given 
 
 them
 
 WITH OBSERVATIONS THEREON. ^93 
 
 them diflurbance enough about the matter of the faft, and without doors it 
 was reported, they would proteft againft the Union. 
 
 But the generality being governed by more temper and moderation than 
 fome people hoped for, all things went on there peaceably, I mean, as to 
 their public refolutions ; and the addrefs to the Parliament was conceived in 
 as moderate terms as could be expedtcd, and is at large printed in the Ap- 
 pendix, N. B*. 
 
 The anfwer to it was alfo fatisfadlory enough ; in that they declared, they 
 would go upon the addrefs, before any thing was concluded ; it was, how- 
 ever, warmly prefled in the Parliament, That the faid addrefs fhould 
 be immediately entered upon, before they went on upon the Union ; but 
 this, as another advantage defigned for delay, was checked, and the anfwer 
 in the minute agreed upon. 
 
 Great pains was taken alfo at this time, to make the Commifllon of the 
 Aflembly uneafy at this anfwer, as not fatisfadtory ; jealoufies were fomented, 
 and fuggeftions whifpered about from one to another, as if the Parliament 
 defigned to poftpone the affairs of the Church to the laft, and fo perhaps 
 drop them at once : This obtained but too much, and being put forward by 
 warm and uneafy people, grew higher and higher, and helped on the in- 
 flammations which unhappily followed. 
 
 The fubjedt of the firft article, though not named in the minutes, was 
 alfo re-affumed in the difcourfes of this day, and feveral arguments againfl 
 the Union itfelf, as an incorporating Union, were brought, in order to prove 
 it imprad:icable, inconvenient, and difiidvantageous to Scotland ; and there- 
 fore that they ought rather to proceed upon the confideration of the general, 
 before they went on to the particular articles. 
 
 This, however, was only difcourfed, and the reading the feveral articles 
 having been already approved, they proceeded to the reading the reft of the 
 articles, as in the minutes. 
 
 In the reading the fecond article, the Englifh adl of Parliament for li- 
 miting the fucceffion, &c. was difcourfed on, and much was faid about the 
 Englifh limitations ; and fome people that had been of another mind for- 
 merly, feemed to difcover an inclination of coming into the fucceffion with 
 limitations, and began to enter into the matter 9f limitations ; but this 
 being remote to the work, was dropt for the prefent, and we fliall meet 
 with it again in its place. 
 
 The third article alfo relating to uniting the Parliaments of both king- 
 doms was read, and fome took the liberty to jeft with it as a chimerical 
 calculation, and that they had no power to alter the reprefentative of the 
 
 nation
 
 294 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 nation, that Scotland could not confcnt to be governed by any other reprc- 
 fentative, than they were now; and that, if the Parliaments were to be 
 made one, Scotland's whole Parliament ought to be joined to the Englifli 
 Parliament, and that Scotland ought no more to abridge her reprefentativc 
 than England, and the like. 
 
 But the unrcafonablenefs of this was urged from the difparlty, in extent 
 of the country, number of people, and proportion of taxes, of which here- 
 after. 
 
 The five enfuing articles being all upon privileges of trade, excifes, and 
 cuftoms, the difcourfes were very general on both fides, and thofe things 
 fcemed referred to more debates afterwards. All that was faid of thofe 
 things now, feemed rather to tend, if pofllible, to perfuade the people in 
 general, that the Union was impradticable, that Scotland could not come 
 into the taxes, and that the equalities talked of, would ruin their trade and 
 ftarve their poor. 
 
 Without doors, ftrange ufe was made of thefe articles of taxes, and the 
 people were made to believe, their fait, their malt, their beer, their fifli, 
 would all be loaded with infupportable taxes, and their whole trade fhould 
 be ruined, their houfes plundered for taxes, and their people ftarved ; and 
 no man that fhall fee with what frightful apprehenfions the poor people were 
 poflefl"ed, will any more wonder they were fo eafily brought into tumults 
 and diforders. 
 
 Nota, This day there were flrong rumours about the town, of the mob 
 coming up to the Parliament, to demand, that the crown and fcepter of 
 Scotland Ihould not be given up, and carried away to England. 
 
 This was the effedt of fome popular fpeeches let fall by thofe gentlemen 
 who oppofcd the treaty, and indullrioufly fpread about the town a report, 
 that the fovereignty of Scotland was to be fubjedted to the Englifn ; and 
 the poorer fort that undcrftood lefs, had the fame thing in other words, viz. 
 that the crown of Scotland was betrayed ; that it was to be carried to Eng- 
 land, and never to be feen here more. Of which fee at large in its place. 
 
 The Houfe, however, took no notice of this yet, as being a rumour 
 only, though the members were not without apprehenfions, that it might 
 rife to a greater height j and that they might come to be infultcd, even in 
 the Houfe, as indeed was afterwards very probable. 
 
 MINUTE
 
 WITH OBSERVATIONS THEREON, 295 
 
 MINUTE VI. 
 
 Saturday y O^ober 19, 1706, 
 
 Minutes of the \a{\./edtrimt read. 
 
 The Parliament proceeded to the farther confideration of the articles df 
 Union, and the nijnth, tenth, eleventh, twelfth, thirteenth, and fourteenth arti- 
 cles, were all feverally read, with the minutes of treaty relating thereto, and 
 all difcourfcd on. 
 
 The fifteenth article of Union was likewifc twice read, and difcourfcd and rea- 
 foned on ; as alfo the minutes relative thereto : and after fome reafoning there- 
 on, there arofe a debate about the calculation of the equivalent of three hun- 
 dred ninety-eight thoufand eighty-five pounds ten Shillings thereia mentioned, 
 which was adjourned till the next/ederunt of Parliament. 
 
 Adjourned till Tuefday next at ten o'clock. 
 
 OBSERVATION VL 
 
 The calculations of the ninth article were a little examined, but appeared 
 fo juft, and the equalities fo well ftated, that there was no room to ob- 
 jcdt ; for the cefs being but the fame upon Scotland as before, there could no- 
 thing be faid why they ftiould not go into meafures for carrying on any joint 
 expence, which, in time to come, the united body ihould fee caufe to put the 
 whole to. 
 
 And this was the firft vifible explication of the do(flrine of equalities, and 
 a proof that equalities confiflcd in proportions ; of which, more hereafter. 
 Some people, to ferve the defigns now on foot, had made the ignorant people 
 believe, that, by equalities, would be underftood a numerical equality, and 
 that Scotland Ihould pay in every thing juft as the Englifh did. This did 
 therefore a little ferve to open the eyes of confidering people, and let them 
 fee, that the treaty had been founded upon fomething of juftice ; for by this 
 time it had been reprefented as a ftrange many-headed monfter, that had no- 
 thing but mouths and teeth, and unfathomable gulphs to devour and deftroy 
 the people. 
 
 The five articles between the ninth and fifteenth required little debate, 
 fince they confifted only of negatives, and provifion made for Scotland againfl: 
 payment of any of the duties then levied in England by the ftamp-office tax^ 
 glafs-windovv tax, and the feveral duties on coals and malt; together with ex- 
 emption from any of the proportions of cefs as above for the firft year : only,, 
 from thefe articles, fome gentlemen took occafion to remind them of the ne- 
 
 j ceiTary
 
 296 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 ceflfary care taken by tlie treaters, to exempt Scotland in all cafes from fuch 
 burdens as they found them unable to bear, and vdiich abfolute neceffity did 
 not oblige them to fubjeft her to, and in fuch cafes to receive equivalents for 
 whatever they were obliged to come into by the neceffity of trade. 
 
 But the ferment was now grown high, and thefe difcourfes had little figni 
 . fication, the people being unhappily prepofleffed beyond the power of con- 
 viftion. 
 
 The fourteenth article occafioned long difcourfes, both within doors and 
 without, and a great many ill-natured things were faid on both fides ; the matter 
 of an equivalent had not yet been examined much into, and the reafon, nature, 
 and neceffity of it, had gone but a very little way into the underftandings even 
 of the gentlemen themfelves. The treaters alfo here met with fome indecen- 
 cies ; and the refleftions made on them, had fuch an effedl in public, as had 
 thev not met with fome check, might have been perfonally mifchievous to 
 them, as to the part adted abroad — fee folio 236 of the next precedent part. 
 Within doors they met with fome very unkind reproaches, as if they had not 
 made due provifions for their country's neceffities, had confented to intolera- 
 ble and unjuft burdens, aud had mocked them with the notion of an equiva- 
 lent, which did not lelTen the burdens upon the nation, their payment being 
 to be levied where it could not be paid ; and then repaid again where it was 
 not levied. 
 
 To make good thefe charges, they pretended to make calculations upon the 
 proportions of the faid equivalent ; and fome, indeed, brought in their own 
 rough draughts of difproportions; whereupon it was moved, That the Houfe 
 fhould enter upon more exadt calculations, and examine the matters of h&:. 
 Of which fee the next minute. 
 
 MINUTE VII. 
 
 Tu(fday, O^oher 22, 1706. 
 
 The debate anent the calculation of the equivalent of three hundred ninety- 
 eight thoufand eighty-five pounds ten fhillings, mentioned in the fifteenth ar- 
 ticle of Union, refumcd; and after fome time fpent thereupon, it was agreed 
 to nominate a committee of three perfonsof each ftate to proceed and examine 
 the calculation of the faid three hundred ninety-eight thoufand eighty-five 
 pounds ten Ihillings, and to report to tlic Parliament, and the x\Qxx.Jederuut of 
 Parliament appointed for nominating the faid committee. 
 
 Thereafter fevcral paragraphs of the faid fifteenth article were again read, and 
 farther rcafoncd and difcourfcd on. 
 
 The
 
 WITH OBSERVATIONS THEREON. 297 
 
 The fixtcenth and fevcntccnth articles were alfo read, and the minutes relative 
 thereto, and were rcafoncd upon. 
 
 The eighteenth article and the minutes relative thereto were likewife read, and 
 after fome difcourfe and reafoning thereon, the farther confidcration of the faid 
 article was delayed till nfntfederunt of Parliament. 
 
 Adjourned till Wedncfday, October 23, 1706. 
 
 OBSERVATION VII. 
 
 The debate of the equivalent grew higher this day than before, and the 
 fifteenth article was the fubjedl of a great deal of ill-natured difcourfe in the 
 Houfe ; 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 
 correfpond with fomething vifible within doors. Several very unkind re- 
 flexions were made upon the treaters, not upon their judgements only, but 
 upon their integrity, as if they had been lefs juft to their country than con- 
 fiftcd with the truft repofed in them. 
 
 The gentlemen on the other hand defended themfelves as calmly as they 
 could, and endeavoured to clear up theobjeftions made to thejuflice of their 
 pToceedings, offered to examine the calculations, and anfwer any thing that 
 could be objeifled. But the Houfe grew too much out of temper to talk 
 much of it then ; and the prudence of the High Commiffione-r, in order to 
 calm things, and keep them as eafy as poffible, prevented its running higher 
 at that time. The former propofal was re-affumed, viz. To refer it to the 
 examination of a Committee ; and the Houfe was moved to name the Com- 
 mittee. 
 
 Upon this motion it was again moved, That none of the treaters fliould be 
 capable of being named to the faid Committee. This, though it looked as if 
 the Committee were to be a jury upon the treaters to examine their conduft, 
 yet the gentlemen unanimoufly agreed to ; and the choofing a Committee 
 was approved, who went through the calculations, and gave in fuch exadt 
 accounts of things, as abundantly cleared up the reputation of the Com- 
 miffioners. 
 
 It was alfo moved, that, to affifl; the faid Committee, two very able ac« 
 comptants, or arithmeticians, fhould be found to examine the calculations ; 
 one of which was Dr. James Gregory, profeffor of the mathematics in the 
 college of Edinburgh ; the other was Dr. Thomas Bowar, profeffor of the 
 mathematics in the college of Aberdeen. 
 
 The fixteenth and feventeenth articles about the coin, and about weights 
 meafures, occafioned little or no debate. 
 
 Q^q The
 
 293 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 The eighteenth article had indeed fome difcourfe upon it, as what fhould or 
 fliould not be alterable by the Parliament of Great Britain; and Ibme gentlemen 
 were for eftablifhing all the prefent laws without alteration ; a thing no nation in 
 the world praftifcs; fince circumftances of nations altering, may always make 
 it necefTary to alter, amend, renew, or repeal the laws and ufages of a nation. 
 
 And the diftindtion in the article itfelf was fuch as few could objedl to, viz. 
 " That no alteration Ihould be made in the laws refpedling private rights, ex- 
 " cept for the evident utility of- the fubjedt within Scotland." This, there- 
 fore, fecmed to explain the true meaning of the article in that point; yet 
 the other part of the article about the laws of public right, policy, and civil 
 government, being made the fame throughout the whole united kingdom. 
 This occalioned long difcourfes, and held the Houfe fo late, that they thought 
 fit to adjourn it till the ntxtjederunt. 
 
 MINUTE VIII. 
 Wednefday, O£?ober 23, 1706. 
 
 The Parliameat, conform to the minute of the lalT federunt, proceeded to 
 eledt the Committee for examination of the calculation of the equivalent of 
 three hundred ninety-eight thoufand eighty-five pounds ten Ihillings ; and the 
 three eftates feparated to their ufual places, returned and reported their refpec- 
 tive elections, and the lifl: of the Committee is as follows : Of the nobility,, 
 the Marquis of Montrofe, Lord Prefidcnt of the Privy Council ; the Duke of 
 Argyle; and the Marquis of Tweeddale. Of the Commiflioners for Shires, 
 Sir Alexander Campbell, of Cefnock; George Baillie, of Jervifwood ; and John 
 Hadden, of Glenagies. Of the Commiffioncrs for Burghs, Robert Inglis,,Lieii- 
 tenant Colonel John Arcfkine, and Hugh Montgomery ; and the Committee 
 was appointed to meet In the inner feffion houfe the firll interval day of Par.- 
 liament, at ten o'clock in the forenoon. 
 
 Thereafter the eighteenth article of Union was again read ; and upon reafon- 
 ing thereon, it was moved, that the Englifh laws concerning regulation of 
 trade, cuftoms, and fuch cxclfcs, to which this kingdom, by virtue of the 
 treaty, is to be liable, be printed for information. Moved likcwifc, that it be. 
 remitted to a Committee to confider the feveral branches of our trade as to ex- 
 port and import, with the Englifii laws and book of rates in relation thereto, 
 with the culloms and excifes thereof, for the fatisfadtion of the members of 
 Parliament thercancnr, and to caufe print fuch of the a<fls of the Englifh Par- 
 liament concerning the fame as they find expedient, or to report to the Par- 
 liament ;
 
 WITH OBSERVATIONS THEREON. 299 
 
 liamcnt; and after fome debate on thefe motions, the faither confidcration 
 thereof was delayed till the next fedenint of Parliament. 
 Adjourned till Friday Odohcr 25, 1706. 
 
 OBSERVATION VIII. 
 
 This was the fatal day of the tumult in the Itreets, and the Houfe was no 
 Icfs warm within, proportionably fpeaking, than the gentlemen were with- 
 out ; all which had its fhare in agitating the public confufions. I am far 
 from faying, that the arguments ufed within doors occifioned the rabbles; 
 but the improvement a party without doors made of them, and the manner in 
 which things now faid in the Parliament were reprefented without, concur- 
 red to increafe the ferment of the nation. 
 
 The difcourfcs on the eighteenth article were now carried on with great 
 warmth : many long fpeeches were made this day, too long to be fet down 
 here, but tending all to this ; that Scotland ought not to fubjedt themfelves 
 to duties of any fort, before it fhould be known what fuch duties were ; 
 that no laws of cuftoms or excites fliould take place, and that it could not be 
 proper to allow the fcveral laws of excife or cuftoms in England, till it was 
 firft calculated and agreed what cuftoms and excifes Scotland was to pay. 
 Then the difcourfcs on the paying equalities of taxes being re-aflumed, fome 
 took occafion to make rcfledtions again on the treaters, for fubjedtino- their 
 country to taxes, which firft they alledged they did not underfland, and fe- 
 condly they were not able to pay. 
 
 The reproaches caft upon the treaters, the ill behaviour of fome members, 
 and the indecencies fhown in thefe cafes, were fo univerfal, that even Her 
 Majefty's High Commiflioner did not efcape, but was very ill ufed ; which, 
 neverthelefs his Grace with a great deal of temper fuffered, without any 
 diforder, preferring the public peace to all his private refcntments ; and by 
 this prudence, prevented thofe who dcfired to have things exafperated, 
 and hoped to fee the refentment of the Government run up firft, that 
 they might have fomething to pretend for the irregularities which fol- 
 lowed. 
 
 It may alfo be obferved here, that the printing the Englifii laws, books 
 of rates, excifes, and curtoms, which it was very certain would not be un- 
 derflood here, and from which a thoufand falfe fuggeftlons would every day 
 be raifed, whence few people could anfwer, was a defign calculated for a great 
 many ends, which were to be anfwered in the future proceedings,' and of 
 U'.hich we Ihall hear more hereafter. 
 
 Q^q 2 A com-
 
 300 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 A Committee was nominated alfo for this work, and thoufands of diffi- 
 culties \vere continually raifed In the mouths of the people, to expofe the 
 treaty, and exafperate the people ; fuch as, that the tax upon fait was Into- 
 lerable, and that It would deftroy the fifhery; and the poor were repre- 
 fented to fubfift fo much upon fait, as if It had been one of the greatefl parts 
 of their food. 
 
 The exclfe on beer, ale, &c. was rcprefented as Infupportable, and great 
 pains were taken to prove, that the Englifli paid 4s. gd. per barrel upon 
 their table beer, and that the Scots fmall ale muft pay equal exclfe to the 
 Engllfli llrong beer : and this was publicly printed In the llreets on pur- 
 pofc to enrage the people. 
 
 It was In vain to offer calculations on thofe heads ; and, though it was, 
 by the author of this work, proved by diredt and pofitive demonflratlon, 
 that the exclfe of their ale could, in proportion, pay no more than It did 
 now, even by the calculation of the Englifh exclfes ; and that the ex- 
 pence of fait in any houfe In the kingdom, could not rife to above 2od. 
 per head per annum ; yet it was In vain ; all calculations of this fort were 
 ridiculed and expofed as falfe and partial, and the author maltreated in print 
 for his eflays on thofe things, as an enemy to the country; and In order to 
 expofe him to the fury of the rabble, which had particularly marked out 
 for deftrudlon. In the general commotions which followed. 
 
 But all thefe calculations appeared afterwards 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 dlfcourfe of which was, as per the minute, 
 adjourned ; and what interrupted it farther, you will fee In the next day's 
 Tvork. 
 
 The fait was an argument people ftuck very clofe to, and ftrove to make 
 it popular ; for the poor feemed to be concerned In It, and thofe that efpouf- 
 ed it, whatever their ends were In cfpoufing It, they always made the relief 
 and eafe of the poor the main argument. This was taking and engaging 
 •with the common people; and as much ufe was made of It as If the fait had 
 been a principal part of their food, and the duty fo great, that the poor muft 
 have been ftarved if they had paid It. The debate, however, had this 
 effedt, that It brought the Parliament to enter into the confideratlon of 
 amendments and exemptions, which they particularly fettled in this affair,, 
 and which the Parliament of England eafily came into, as will appear In its 
 place. 
 
 MINUTE 
 
 I
 
 WITH OBSERVATIONS THEREON. 301 
 
 MINUTE IX. 
 
 Friday, 05lober 25, 1706. 
 
 The Lord High Chancellor rcprefented to the Parliament, That he was 
 ditefted by the Lords of Her Majefty's Privy Council, to acquaint the Par- 
 liament, that upon occafion of a rabble and tumult that happened in Edin- 
 burgh upon Wcdnefday night laft, by which feveral members of Parliament 
 were threatened and infultcd ; the Privy Council had, for the fecurity of the 
 members of Parliament, and peace of the town, brought in a part of the foot 
 guards to the town of Edinburgh, and had iffued forth a proclamation againll 
 fuch tumultuary meetings, in the terms of feveral adts of Parliament.. 
 
 Whereupon, and after fome reafoning, a propofition was made in thir 
 terms. That the eftates of Parliament being fenfiblc of the care and concern 
 of the Lords of Privy Council to fupprefs the late tumult and mob, and to 
 fecure the fafcty and quiet of the Parliament, that therefore they fhould re- 
 turn to their Lofdfhips the thanks of the Parliament ; and fliould recommend 
 to my Lord High Commiffioner and the Privy Council, to continue their care 
 for the fiifcty and fecurity of the Parliament, and the peace and quiet of the 
 town : which being read. 
 
 After fome difcourfe thereupon, it was moved. That the proclamation of 
 Privy Council ihould be read ; and the fame being accordingly read, the Earl 
 of Errol, Lord High Conftable, gave in a proteftation, in the following 
 terms; " That he, for himfelf, and in name of fuch as fhould adhere to his 
 *■' proteftation, protefted, that the continuing of ftanding forces within the 
 *' town of Edinburgh, and keeping guard with them in the Parliament Clofs, 
 *' and other places within the town, the time of Parliament (as at prefcnt is 
 " done) is contrary to the right of his office as High Conftable; by which 
 ** he has the only privilege of guarding the Parliament without doors,, as the 
 " Earl of Marifchal has within doors, and is an encroachment on the rights 
 " and privileges of Parliament, and on the particular rights and privileges. 
 " of the town of Edinburgh ; and if any vote ftiall pafs contrair to his laid 
 " right, or the right of the Earl Marifchal, or rights and privileges of Par- 
 " liament, or the town of Edinburgh, that it ftiall not in any time hereafter 
 " prejudge the fame, or be any ways drawn in confequence." And he defired, 
 the faid proteftation to be inferted in the minutes, and recorded in the books 
 of Parliament : which proteftation being read, the faid Earl of Errol did take 
 inftruments thereupon ; and the Duke of Hamilton, Duke of Athol, Marquis, 
 of Annandale, Earl Marifchal, Earl of Wigton, Earl of Strathmore,. Earl of 
 
 Selkirk,
 
 -01 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Selkirk, Earl of Kincardin, Viicount of Stormont, Vifcount of Kilfvth, 
 the Lord Semple, the Lord Oliphant, the Lord Balmeruioch, the Lord Blan- 
 tyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil, and the Lord 
 Kinnaird ; George Lockhart, of Carnwarth ; Sir James Foulis, of Collington; 
 Andrew Fletcher, of Saltoun ; John Brifijan, of Biflioptoun^ Mr. William 
 Cochran, of Kilmaronock ; John Steuart, of Kinwhinlick : John Grahamc, of 
 Killearn ; James Grahame, of Bucklyvie ; Robert Rollo, of Powhoufe, Sir 
 Patrick Murray, of Auchtertyre; John Murray, of Strowan ; Sir Thomas 
 Burnet, of Leys; Alexander Gordon, of Pitlurg ; James Moore, of Stonie- 
 wood •, Mr. Patrick Lyon, of Auchterhoufe ; David Grahame, of Fintry ; 
 James Ogilvie, younger, of Boyn; Alexander M'Gie, of Palgown; Mr. James 
 Dumbar, joungtr, of Hemprigs ; George Mackenzie, of Inchcoulter ; Alex- 
 ander Robertfon, Alexander Edgar, Alexander Duff, Francis Mollifon, Robert 
 Kellie, Mr. William Sutherland, Archibald Shiells, Mr. John Lyon, Mr. 
 John Caruthcrs, George Home, Mr. James Bethun, John Baync, and Mr. 
 Robert Frazer, adhered thereto. 
 
 And after fome farther debate upon the faid propofition, a vote was ftated, 
 *' approve thereof or not ;" but it being objedted, that the fame confifted 
 of two diftindt articles, the one approving what was done, and the other re- 
 commending to the Privy Council to continue their care, which ought to be 
 feparately confidered and voted ; the vote was thereupon ftated, whether the 
 propofition fhould be voted jointly or feparately. 
 
 But before voting, upon a motion made by the Commiffioners for the town 
 of Edinburgh, it was agreed to. That it fhould be but prejudice of the faid 
 town of Edinbureh's rishrs and privilejres bv their charters. 
 
 Then the vote was put jointly or feparately, and it carried " iointly." 
 
 Thereafter the vote was put " approve of the propofuion or not," and it 
 .carried, '•' approve." 
 
 A.djourned to Monda\-, OKftobcr 28, 1706. 
 
 OBSERVATION IX. 
 
 This whole day was a mere interruption to the reading of the articles, 
 ■,;nd the Houfe was employed wholly on the affair of the rabbles. 
 
 The Lord Commiflioner having found the incrcafe of the mob come to 
 fuch a degree, as that the whole city was in danger, and indeed the whole 
 conftitulion would othcrwife have been expofed. His G.ace ordered the 
 guards to enter the city about one of the clock in the morning, to aflift the 
 mngifliatcs J by which means the tumult was appcafed, and the rabble dit- 
 
 perl<il ;
 
 WITH OBSERVATIONS THEREOxV. 303 
 
 pcrfed : fomc of the rioters had been fci/.ed and fecured, and the foldicrs 
 kept poft in the city all that night, the cnfuing day and the night, and part of 
 this day, without being relieved, though the weather (\vas exceeding cold. 
 
 The Council had the. day before ratified what the Lord Comniiffioiicr 
 had done, and it was not doubted but the Parliament would do the fame; 
 the abfolute neccflity of fuch a proceeding being, as was thought, enough 
 to fatisfy any body who was not for having the civil authority fubjedted to 
 the infolcncc of the rabble. 
 
 But people were flrangely furprifcd when they faw this ftrenuoufly op- 
 pofcd in the Parliament ; and had it not been carried by a majority in the 
 Houfe, the canfecp.iences muil: have tc-rnvqated, in a fecond rabble, more fa- 
 tal arid furious than the firft. -.,.[,, 
 
 The Marquis of A le was the firft man who made objedion againft 
 
 it ; and pleaded, th;U it was an encroachment upon the liberty of Parlia- 
 ment, and taking away their freexiom of fpecch. That it was awing the- 
 Houfe with.foldiers, and bringing upon them' arbitrary government; and fe- 
 vcral fpeechcs were made to this purpole, in which one noble perfon faid 
 he could perceive the difference already in the votes of the Houfe, and 
 that the influence of the foldiers had altered the matter. 
 
 Thefe were hard fayings indeed ; and it was thought a hard point that 
 people fl-iould call the being fubje<fted to , an ungoverned rabble, li- 
 berty of Parliament ;, and the clamours of the mob, freedom of fpeech. It 
 was plain, if the guards were not brought up, the members of Parliament 
 would be awed, a^id the trcajiers maffacred by the mob : and to place guards 
 to fupprefs tumults, and reftrain the headflrong multitude, was very far from 
 awing the Parliament; it being alfo apparent that this guard was entirely 
 fubordinate to the. commands- of the Parliament, and were placed to main- 
 tain, not infringe the liberty of fpeech they fpoke of. That no man could 
 be influenced by, men let only to keep the peace, and difperfe rabbles; and in 
 a cafe when it was apparent to all the world, the neceffity was fuch, that, 
 unlefs thofe rabbles were fupprefled, th« Parliament could not fit at all, nor 
 the bufinefs they were aflembled for be debated. 
 
 • The oppofers, however, maintained the difpute a long time; but when 
 they came to the queftlon, it was apparent, a great many of their friends 
 in other cafes, yet were fo convinced of the neceffity of this, that they 
 voted againft tjiem ;nand fo the adtings of the Lord Commiffioner, and alfo 
 of the Council, were approved, and the thanks of the Houfe ordered, as 
 in the vote. . 
 
 The.
 
 3'04 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 The protefters are named in the minute, as above ; and this, I think, 
 was the firft proteft made in Parliament upon the affair of the Union. 
 
 This debate, of courfe, put ofFthe farther confideration of the eighteenth 
 article of the Union, which was the work of the day. 
 
 There was great ftruggling in the Houfe, on pretence of the infringing 
 the privileges of the city of Edinburgh ; but the magiflrates having declared 
 themfelves fatisfied in the neceffity of the cafe, and the impoffibility of keep- 
 ing the peace without this method, that debate was alfo couched in the 
 proteft, as above, and every body acquiefced. The guards continued in 
 their pofts, and the refpedtive regiments relieved one another with beat of 
 drum, as is ufual, but the efFedt was only keeping the peace. No violence 
 was offered to the Parliament, neither were any foldiers placed at the 
 door to awe the members, much lefs was any denied entrance, or any 
 other perfon accefs to them, as on other occafions : but the Parliament 
 was perfedtlv free, open, and uninterrupted, the foldiers were a guard to 
 them, but not a guard againft them ; and it was not in the power of any 
 perfon to fay he received the leaft aff"ront from them. Indeed the foldiers 
 appeared wholly unconcerned in any part of the affair, they only executed 
 the ofHce of a guard to preferve the peace, and keep the Government from 
 being infulted. 
 
 And in this peaceable behaviour of the foldiery confifted a great deal 
 of the fuccefs of the treaty ; for this took away all pretence from a party 
 of men, who aimed at, and fought for feme fuch irregularity to complain 
 of, in order to have protefted againft the Parliament, as under reflraint, 
 and fo having a legal objedlion againft the proceedings, as not afted in a 
 free Parliament. 
 
 This was a difappointmcnt to a certain great perfon, who propofed a 
 proteft againft this very thing, as an aft of violence, and fo leaving the 
 Houfe as a body, pretending they were under the power of the army. But 
 the foldiers being fo ordered, as to behave themfelves quietly, and only 
 taking poft as a guard to the city, to preferve the public peace, the doors 
 of Parliament being always free and uninterrupted, thofe people were de- 
 feated ; and even their own friends, whom they propofed it to, refufed them, 
 acknowledging they could not fuftain the allegation. 
 
 I think it is very neceflary to be particular in this cafe, bccaufe I know 
 
 great clamours were made, as well in England as in' Scotland, as if the 
 
 foldiers, who, upon this extraordinary occafion, were brought into the 
 
 city, and who did indeed keep guard in the Parliament Clefs, were an awe 
 
 I and
 
 WITH OBSERVATIOxNS THEREON. 305 
 
 and a terror to tlic Parliament, and that confcqucntly it was not a free 
 Piirliamunt. 
 
 MINUTE X. 
 
 Monday, O£lober 28, 1706. 
 
 Minutes of the lall: Jederunt read. 
 
 Thereafter the Parliament proceeded to the confideration of^tlie articles 
 of Union, and and the eighteenth article was again read, and farther dif- 
 courfed on. 
 
 Thereafter the nineteenth, twentieth, and twenty-firft articles were read, 
 and the minutes relative thereto, and the farther confideration of thefe arti- 
 cles delayed till the next Jederunt of Parliament. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION X. 
 
 The debate of the eighteenth article came now on ; but the diftur- 
 bance and hurry was fuch upon all men's minds, that there was very lit- 
 tle difcourfe, but what ran all into the public matters, as of the tmnults, 
 the guards, &c. 
 
 About this time the rumours of the uneafinefs of the people in the 
 country began alfo to increafe ; and the Parliament was daily threatened 
 with infurreftions and mobs from abroad ; but nothing appeared pub- 
 licly yet. 
 
 M I N U T E XI. 
 
 Tiiefday, OSlober 29, 1706. 
 
 The nineteenth article of Union was again read, as alfo the twentieth and 
 twenty-firfl; articles, and were feverally reafoned on. 
 
 Thereafter the twenty-fecond and twenty-third articles were likewife read, 
 and the minutes relative thereto, and after fome reafoning thereupon, the far- 
 thar confideration of thefe articles was delayed till the next Jederunt of Par- 
 liament. 
 
 Adjourned till to-morrow at one o'clock. 
 
 R r O B S E R-
 
 3o6 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 OBSERVATION XL 
 
 Nothing material was offered in the reafoning upon thefe articles ; there 
 was feme debate upon the proportions of members for the Parliament of 
 Britain, and Lome fuggeftions, that Scotland ought to retain her whole Par- 
 liament; but thole that oppofed it, did not think fit to enter much into the . 
 difpute of that point, till the fecond reading of that article. 
 
 MINUTE XIL 
 
 Wednejday, OSioher 30, 1706. 
 
 The twenty-fecond and twenty-third articles of Union were again read, and 
 farther difcourfed on. 
 
 Thereafter the twenty-fourth and twenty-fifth articles of Union, and the 
 minutes relative thereto, were alfo read, and feverally reafoned on. 
 
 A£t adjourning the feffion till the firfl day of December next, read, and a 
 firft reading ordered to be marked thereon. 
 
 Adjourned till Friday next at ten o'clock. 
 
 OBSERVATION XII. 
 
 This day ended the firft or general reading of the articles ; and thefe lafl 
 articles being fuch, as would be ncceflary, or not necefTary, as the general 
 treaty fucceeded or not, there remained no occafion of debate on this 
 reading, fince they were not now to be approved or voted. 
 
 MINUTE XIIL 
 Friday, November i, 1706. 
 
 Moved, *' That the Parliament now proceed to the farther and more parti- 
 *' cular confideration of the articles of Union, in order to approve them or 
 *• not, and to begin with and read the firft article." 
 
 Moved alfo, " That the farther confideration of the articles of Union be yet 
 " delayed for fome confiderable time, that the fentiments of the Parliament of 
 ** England thereanent be known ; and that the members of Parliament may 
 " confult thefe whom they reprefent ;" and after fome debate on thefe motions,, 
 the following petitions and addrefles were prefented, viz. One by fome of the 
 barons, freeholders, and others fubfcribing the fame, within the Ihire of Mid- 
 Lothian ; another by fome of the barons, freeholders, and others fubfcribing 
 the fame, within the Ihire of Linlithgow, and three by fome of the barons 
 
 and
 
 WITH OBSERVATIONS THEREON. 307 
 
 and freeholders of Perthfhire fiibfcribing the fame, all agalnft allowing of nn 
 incorporate Union with England, and all read and difcourfed on ; and there- 
 after the debate for delay, on account of confulting of thofe whom the mem- 
 bers reprefent, and of knowing the fentiments of the nation, and the procedure 
 of the Parliament of England, was let fall, and agreed that the firft article of 
 Union fliould be read, but that it fliould be entire, wtxt. Jedenmt of Parliament, 
 to debate, whether or not the firft article be concluded, by approving thereof, 
 or not ; or, if the Parliament may not, before concluding thereof, begin with 
 and conclude any other of the articles ; and accordingly the firft article was 
 read. Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XIII, 
 
 The great queftion came now to be determined, — ^Whether they fliouid go 
 upon the treaty, or not ? 
 
 Thofe that oppofed it, would not diredlly argue againft reading the ar- 
 ticles at all, and fo at once rejedt the treaty ; but they began to ftart a new 
 fcruple, viz. Why ftiould it be put upon the Parliament of Scotland to de- 
 termine firft upon the treaty ? why fhould not England, where the treaty 
 had been formed, and where their Parliament was now to fit in a few da)'S : 
 Why ftiould not they firft fignify their confent to the treaty, and then the 
 Parliament of Scotland might cohfider whether they could join with them 
 upon the terms. Yea or No ? 
 
 This occafioned great difputes ; and many fpeeches were made, endea- 
 vouring to ftiew the reafonablenefs of having this matter firft determined in 
 England. 
 
 It was among other things offered as a fufficient argument, that, as, it was 
 the Queen's prerogative to call Parliaments, to appoint and limit their fit- 
 tings, and to propofe to them any 'matters as the fubjedt of their meeting, 
 which they ftiould confult about, not exclufive of what they fliould think 
 fit to debate themfelves. Her Majefty had determined which Parliament 
 fliould begin upon the articles, 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 difpute of no confequence at all, and that they 
 had all the liberty in the world to pafs, or not pafs, approve or not approve, 
 of the treaty now, as they fliould have then ; that, if there was any difference, 
 the honour was done to Scotland, in putting the treaty firft into their hands, 
 as the principal perfons who were fuppofed to have objcdlions to make, and 
 that they might be made entirely eafy, in every thing that was material, tc» 
 their fatisfadtion. 
 
 R r z Notwith.,
 
 3o8 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Notwithftanding all this, they renewed the debate, and brought it to a 
 motion in the Parliament, as appears by the vote, in which they alfo added 
 the former fuggeftion of confulting their conflituents ; and fome members 
 alledged, they had exprefs directions from their principals, and the coun- 
 ties they reprefented, reflraining, and pofitively obliging them, not to enter 
 upon the treaty. 
 
 This brought things to a great height ; and fome members, as was faid, 
 began to talk of protefting, and leaving the Parliament, but they had 
 more wifdom than that came to ; they indeed very earneftly preffed this 
 motion, which was in fhort to obtain a delay, and that made them fly from 
 one argument to another. 
 
 Together with their arguments, and to fecond their propofal of confulting 
 principals, they brought inaddreffes from the feveral places mentioned above, 
 and vehemently urged, that it appeared by them, that it was the fcnfe of 
 the people that the whole nation was againft it, and that they ought not 
 to proceed without their aflent. 
 
 Here it was noted, that the addrefs from Mid-Lothian was figned by not 
 above twelve of the gentlemen, or thereabout, though there were above 
 two hundred gentlemen in that county ; and that therefore it feemed the 
 argument of its being the fenfe of the nation, muft be very ill grounded. 
 
 At length they dropped the debate, and obtained the previous queftion, 
 viz. " That the Parliament fhould immediately proceed to reading the ar- 
 « ticks." 
 
 But then a new projeft was fet on foot ; and it was an odd thing to fee, 
 that after a long debate whether the articles lliould be read at all or not, it 
 occafioned another queftion, and no fmall debate upon it, which end of them 
 they fhould begin at. 
 
 When they had gotten over the queftion as before, for reading, they fell 
 out which article they fliould read firft ; the party which had at firft oppofcd 
 reading them all, now ftruggled to begin in the middle of the treaty ; the 
 reafon was, as they alledged, they were for examining the particulars before 
 they voted the general. The firft article contained, " That from and after the 
 firft day of May, the two kingdoms ftiould be united," &c. This they 
 would have delayed ; and then followed the conditions which they would 
 have be agreed firft of all. 
 
 Others alledged, that it would be ncedlcfs to enter into the particulars till 
 it was agreed, whether they fhould be united or not ; and therefore it was 
 neceflliry to examine the firft article in its order, not only bccaufe it was the 
 firft, but becaufe it was moft rational to determine, whether there fhould be an 
 
 Union
 
 WITH OBSERVATIONS THEREON. 309 
 
 Union or not, before they defcended to the particulars ; becaufe, if all the 
 articles were agreed to, yet if it fliould be fo precarious as to ftatc the qucf- 
 tion afterwards, whether there fhould be an Union or not, it might at once 
 render all their labour fruitlefs. 
 
 Upon this debate, they refolved, it was firfl^ncceiTary to get over the main 
 article, whether there fliould be an Union or not, before they entered into 
 the merits of the particulars, or examined the conditions; and they only 
 read the article,, to finifh the debate, and prevent any more difficulty. 
 
 MINUTE XIV. 
 Saturday, November 2, i7o6» 
 
 The firft article of Union was again read, and thereupon a motion was of- 
 fered in thir terms : " That it be agreed to, in the firft place, to proceed' to 
 " take the firft article of the Union into confideration, with this provifion, that 
 *' if the other articles of Union be not adjufted by the Parliament, then the 
 " agreeing to, and approving of the firft, fhall be of no effed: ; and that im- 
 *' mediately after the faid firft article, the Parliament will proceed to an aft 
 " ' For fecurity of the doftrine, difcipline, worfhip, and government of the 
 " ' church, as now by law eftablifhed within this kingdom." And after fome 
 debate thereon, there was a ftgte of a vote offered, " Approve of the motion^ 
 " Yea, or No." 
 
 Whereupon, there was a refolve offered in thir terms, " That before this 
 " Houfe proceed tO' vote aay of the articles of the Treaty, they will hear what 
 " fecurity the Commiffion of the Church is to offer for the church govern- 
 " ment, and that before any incorporating Union be voted ;" and after fome 
 farther debate upon the faid motion and refolve, a fecond ftate of a vote was 
 offered, " That the church government be taken into confideration before the 
 " articles of treaty. Yea or No." 
 
 And after fome debate, whicfff* of the two ffiould be the ftate of the vote, 
 it was put to the vote, " Whether the firft or fecond fhould be the ftate of the 
 " vote," and it carried " the firft ;" thereafter, it was put to the vote, " Ap- 
 " prove of the motion, or not," and it carried, '* approve." 
 
 Whereupon the firft article of Union was again read, and after fome reafoning 
 thereon, it being objefted. That an incorporating-Union of the two kingdoms 
 Vvas contrair to and inconfiftent with the Claim of Right; the Claim of Right, 
 and the third act of the firft Parliament of Her Majcfty Queen Anne, entitled, 
 " A&. for approving, the turning the meeting of the Eftates into a Parliament," 
 and the letter of the meeting of the Eftates to King William, the 24th- of 
 April, one thoufand fix hundred eighty-nine, were all read. 
 
 And
 
 3IO MINUTES OF THE PAR.LIAMENT OF SCOTLAND, 
 
 And an addrefs by the barons, freeholders, heretors, and other gentlemen m 
 the fliire of Forfar, fubfcrlbers of the fame, againft allowing of an incorpo- 
 rating Union with England, being given in, was alfo read. 
 
 And after long reafoning and debate on the faid fuft article of Union, and 
 objeflion, it was of confent agreed, that the fame fliould be delayed till the 
 next/edcruHt of Parliament. 
 
 Adjourned till Monday next at ten o'clock. 
 
 OBSERVATION XIV, 
 
 The firfl: article was now read, and all the oppofition hitherto made, had 
 been over. But two plaufible things remained ; one was, to debate whe- 
 ther it fhouid be fo fettled, that if all the articles were not concluded, none 
 of them which were confidered, Ihould be of any force ; this was fo plau- 
 fible, nobody could withiland it. 
 
 Then they objedted in the name of the church, on the occafion brought 
 before them formerly, viz. The ad: of fecurity. Unhappy was the condi- 
 tion at this time of the church of Scotland, if what feemed to appear, had 
 been her real cafe, viz. To have her greateft enemies be her bell folicitors ; 
 as if fhe had been fo defperate, that even thofe that formerly affifted to pull 
 her down, were the only feeming advpcates for her prefent eflablifhment. 
 
 Or elfe furely her cafe was very happy, on the other hand, that her eftab- 
 lifhment was fo vifibly neceffary at this time, that even her apparent enemies 
 were careful to fupport her. 
 
 I fhall enter no farther into the myftery of it here. The Parliament had 
 voted to confider the addrefs of the Commiffion before any thing was con- 
 cluded ; and whether that word ' concluded,' was to fignify before they voted 
 any article, or before the whole Union was concluded, was now immaterial ; 
 and though it was cxpreflly faid in the vote of Odtober 17, that it fhouid 
 
 be before the Union was concluded, yet it was moved now, and the Par- 
 
 ie i> 
 liament was fo willing to do every thing ior the fatisfaftion of the nation, 
 
 that they refolved to go upon it immediately after the paffing the firft 
 article. 
 
 The party that flill oppofed, were for going on the affair of the church 
 before any of the articles were concluded on, alledging, that if the fecurity 
 of the church could not be agreed on, the Union could not be entered upon ; 
 but it was returned to that, that jui\ on the contrary, it was neceffary firft 
 to vote the general, whether there fhouid be an Union or not in the terms of 
 the treaty, which general was included in the firfl article ; and it was eafy to 
 be fecn, that if that article was voted againfl, the Union was rejected; and 
 if the Union was'rejedled, there was then no need for difcourfing on the adt 
 of fecurity for the church. 
 
 This
 
 WITH OBSERVATIONS THEREON. 311 
 
 This was too lliong a way of reafoning to be refifted, and therefore whca 
 it came to the qucftion, it pafled, as per the minute. 
 
 " That it be agreed to, in the firft place, to proceed to take the firfl article 
 *' of Union into confideration, with this provifion, that if the other articles 
 " of Union be not adjufted by the Parliament, then the agreeing to, and 
 " approving of the firil, fliall be of no effld:; and that immediately after 
 **■ the faid firft article, the Parliament will proceed to an ad: for ftcurity of 
 " the dodtrine, difcipline, worlliip, and government of the church, as now 
 " by law eftablillied within this kingdom." 
 
 And now the firfl article came upon the flage, and the firft brulh it met 
 with was, that it was againftthe claim of right, as per the minute. 
 
 This was a furprifing blow indeed, and made theHoufe immediately call 
 for the claim of right : but that which was remarkable upon reading the 
 claim of right was, it became neceflary to read the letter of the Convention 
 at that time fent to King William, in which the Eftates, then met, humbly 
 defired His Majefty to fet on foot an Union in the very fenfe and meaning 
 of this incorporation of the kingdoms, as the only happinefs the kingdom 
 defired. 
 
 " We are moft fenfible of your Majefty's kindnefs, and fatherly care to 
 " both your kingdoms, in promoving their union, which we hope hath been 
 " referved to be accompliflied by you ; that as both kingdoms are united in 
 " one head and fovereign, lb they may become one body politic, one nation, 
 " to be reprefeilted in one Parliament. And to teftify our readinefs to com- 
 *' ply with your Majefty in that matter, we have nominated Commiffioners 
 " to treat the terms of an entire and perpetual Union betwixt the two king- 
 " doms,. with refervation to us of our church government, as it fhall be 
 " eftablifhed at the time of the Union. Thefe Commiffioners do wait your 
 " Majefty's approbation and call, that they may meet and treat with the 
 " Commiffioners to be appointed for England, at what time and place your' 
 " Majefty fliall appoint. And if any difficulty fliall arife in the treaty, we 
 "■ do, upon our part, refer the determination thereof to your Majefty. And 
 " we do afllire ourfelves, from your Majefty's prudence and goodnefs, of a 
 " happy conclufion to that important affair, fo as the fame may be agreed to, . 
 " and ratified by your Majefty in your firft Parliament." 
 
 This indeed occafioned a long debate, and much warmth on both fides, 
 which held the Houfe very late ; and after reading all the papers, the incon- 
 fiftency of the Union with the claim of right was thoroughly examined, 
 where it could not but be very remarkable to obferve fome gentlemen giving 
 a fandtion to the claim of right, who never before acknowledged it, owning 
 it now as a liicred foundation, in order to oppofe it to the fcheme of Union 
 
 I now
 
 312 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 now drawn; which being of more fatal confcqucnce to their real defign, as 
 xvcll as party, they were brought to the neccffity of elofing with the firft to 
 confront the lall; ; fo playing one againfl another, recognizing the Revolution 
 as the lefler evil, to repulfe the Union, which they faw plainly aimed at the 
 foundation, flruck at the root, and mud for ever foreclofe jacobitifm and 
 prelacy, the two columns which fupportcd their caufe. The reafonings here 
 in the Houfe began with much calmncfs ; immediately after reading the 
 article, Mr. Seton, of Pitmedden, took the opportunity to fay. That having 
 had the honour to be one of the Comniiffioners for the treaty, he thought it 
 his duty to give fome reafons, which moved him to approve that article at 
 London ; that he was perfuaded, there were feveral members fo prejudiced" 
 againfl all the articles, that he could not hope from them a favourable au- 
 dience. And that what he had to fay to the prefent fubje<ft of debate, had 
 been thought upon when he figned the treaty ; ther;fore, he would prefume 
 to makeufeof his papers, hoping, though his reafons could not convince 
 any member, yet they might ferve to vindicate his conduft to pofterity. 
 Then he proceeded, and the 2d of November, 1706, made the following 
 fpeech : 
 
 " My Lord Chancellor, 
 
 " THIS honourable Houfe has heard the feveral articles of the treaty of 
 " Union twice read, has fpent a confiderable time in difcourfing to each of 
 " them, and, after much debate, is come to examine and determine upon the 
 ** firft. Notwithftanding all the arguments offered againft It, I cannot find the 
 " leaft motive for altering the opinion I had at figning this article, having had 
 " the honour to be one of the Commiffioners appointed by Her Majefty for 
 " that end ; but that I may give all fatisfaclion to every member, I fliall hwiibly 
 " offer, in a plain manner, my thoughts in relation to it. 
 
 " My Lord, this article is the foundation of the whole treaty, and the ap- 
 " proving or rejefting of it muft determine Union or no Union betwixt both 
 " kingdoms. 
 
 " How far the approving this article conduces to our happincfs, appears 
 " evidently, by confidering the three different ways propofed for retrieving the 
 " languifhing condition of this nation; which are, That we continue under the 
 " fame fovereign with England, with limitations on his prerogative as King of 
 " Scotland ; that the two kingdoms be incorporated into one, or that they be 
 " entirely feparated. 
 
 " That the Union of Crowns, with limitations on the fucccflbr, is not fuf- 
 " ficient to redify the bad ftate of this nation, appears from thefe pofitions 
 ^' founded on reafon and experience. 
 
 " Two
 
 WITH OBSERVATIONS THEREON. 513 
 
 " Two kingdoms fubjeft to one Sovereign, having different intereffs, the 
 *' nearer thefe arc one to another, the greater jealouly and emularion ui!l l)c 
 " betwixt them. 
 
 " Every Monarch, having two or niorc kingdoms, will be obliged to pre- 
 " fer the counfcl and inccrcft of the ftronger to that of the weaker : and the 
 " greater difparity of power and riches there is betwixt thefc kingdoms, the 
 " greater influence the more powerful nation will have on the Sovereign. Not- 
 " withftanding thefe pofitions, I fhail fuppofe the Parliament of Scotland is 
 *' vcfted with the power of making peace and war, of rewarding and punilli- 
 *' Ing perfons of all ranks, of levying troops, and of the negative itfelf. 
 -- " I could fhow the inconveniencies that muft attend fuch a ftate of govern- 
 *' ment, in difpofal of places, and managing public affiiirs. I could likewife 
 *' fliow the improbability of attaining fuch conditions, or keping them if 
 " attained. But laying afide fuch confiderations, my humble opinion is 
 " that we cannot reap any benefit from thefe conditions of Government with- 
 *' out the affiftance of England ; and the people thereof will never be convinced 
 *' to promote the intereft of Scotland, till both kingdoms are incorporated into 
 *' one : fo that I conceive fuch a ftate of limitations to be no better for Scot- 
 " land, than if it were entirely feparated from England ; in which ftate there 
 " is little appearance of procuring any remedy to our prefent circumftan- 
 " ces, which appears from thefe uncontroverted pofitions : 
 
 " The people and government of Scotland muft be richer or poorer as 
 ** they have plenty or fcarcity of money, the common meafure of trade. 
 
 " No money or things of value can be purchafed in the courfe of commicrce 
 *' but where there is a force to protedt it. 
 
 " This nation is behind all other nations of Europe, for many vears with 
 " refpcdl to the effedts of an extended trade. 
 
 " This nation being poor, and without force to protedl its commerce can- 
 *' not reap great advantages by it, till it partake of the trade and proted:ion 
 " of fome powerful neighbour nation, that can communicate both thefe. 
 
 " To illuftrate this laft pofition, I iliall give a fhort view of the ftate of 
 " commerce we muft needs be in, with refped: to our neighbour nations fun- 
 *' pofing an entire feparation from England. 
 
 " The ordinary mean whereby we can flourifh in wealth, is, that balance 
 *' which arifes from the exchange of our natural or artificial produd with other 
 *' places : but we have no valuable branch of export, which does not interfere 
 *' with the like commodity, in fome more powerful neighbour nation, whofe 
 " intereft it is to fupprefs or difcourage our commodity, for raifing the value 
 " of its own ; fo that there is no demonftrable fecurity for the vent and en- 
 " couragement of any branch of our export. 
 
 S s Can
 
 314 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " Can it be expedled, that Holland will fuffer us to improve our fifhery, 
 " which is to them a nurfery for feamen, a livelihood to many families, and 
 " an immenfc treafure to the public. 
 
 " If we traffic with England, our linen cloth, cattle, and coals will be dif- 
 " couraged, at lead after the fame manner that we difcourage export from 
 *' thence. If wc traffic with Mufcovy, Sweden, Denmark, Poland, Germany, 
 *' France, Spain, Portugal, and Italy, the fale of our commodities will be of 
 " fmall value in thofe places ; feeing the Dutch or Englifh, by their increafe of 
 " trade, are capable to ferve them with moll of the like goods cheaper and 
 " better than we. 
 
 " Let us look to any other part of the world for vent to our produdt, and 
 *' we will find other nations have prevented us. 
 
 " If we attempt the Eaft-India trade, that is already enhanced by the Dutch, 
 " Engliih, French, Spaniards, or Portuguefe, from whom we mufl expedt 
 " oppofition, they themfelves oppofing one another daily; and we of no force 
 ** to debate the fame with the moil inconfiderable of them. 
 
 " The trade of Africa is, for the moft part, of fmall value ; and every pro- 
 ♦■* vince of America, is claimed as property, by fome powerful European nation. 
 
 " If it be faid, that Scotland may make alliance with one of its neighbour 
 *' nations for protection ; that alliance muft be with Holland, England or France. 
 " Other countries being fo remote or poor, that their friendfliips can be of little 
 *' ufe to us. 
 
 " With Holland we can have no advantageous alliance, becaufe its chief 
 " branch of trade is the fame with ours; with the Englifli we can expeft no 
 " profitable friendfliip, for they being our near neighbouis, will be jealous of 
 " our increafe ip power ; and from France few advantages can be reaped, till 
 " the old ofFcnfive and defenfive league be revived betwixt France and Scot- 
 ** land, which would give umbrage to the Englifh, and occafion a war betwixt 
 ** them and us. And allowing the Scots, in fuch a juncture, with the affif- 
 " tance of France, to conquer England; Scotland, by that conquell, could not 
 ** hope to better its prefent ftate ; for it Is more than probable, the conqueror 
 " would make his refidence in England, as formerly the northern people ufed 
 ** to do in their fouthern expeditions. 
 
 ** From thcfe confiderations, I conceive, that this nation, by an entire fepa- 
 " ration from England, cannot extend its trade, fo as to raife its power in 
 " proportion to other trafficking nations in Europe ; but that hereby we may 
 " be In danger of returning to that Gothic conftitutlon of government, wherein 
 " our forefathers were, which was frequently attended with feuds, murders, 
 " depredations and rebellions. 
 
 " My Lord, I am forry, that,, in place of things, wc amufe ourfelves 
 
 with words ; for my part, I comprehend no durable union betwixt Scotland 
 
 and
 
 WITH OnSERVATIONS TllEIli:(^N. 31 j 
 
 " England, but that expreffcd in this article by one kingdom, that is to fay, 
 " one people, one civil government, nnd one intcrell. 
 
 " It is true, the words, Fccdcral Union, arc become very fafhionable, and 
 ** rriay be handfomely fitted to delude unthinking people ; but it any member 
 " of this Houfe will give himfelf the trouble to examine what conditions or 
 *' articles are underftood by thefe words, and reduce them into any kind of 
 *' fcedcral compad'S, whereby diftindl nations have been united, I will pre- 
 " fume to fav, thefe will be found impradlicable, or of very little ufe to us. 
 
 " But to put that matter in a clear light, thefe queries ought to be duly 
 " examined, whether a foederal union be prafticable betwixt two nations ac- 
 " cuftomed to a monarchical government ? Whether there can be any furc 
 " guaranty projedlcd for the obfervancc of the articles of a foederal compa<ft, 
 " ftipulated betwixt two nations, whereof the one is much fuperior to the 
 " other, in riches, numbers of people, and an extended commerce ? Whether 
 " the advantages of a foederal union do balance its difadvantages ? Whether 
 " the Englifli will accept a foederal union, fuppofing it to be for the true in- 
 *' tereft of both nations ? Whether any foederal compaift betwixt Scotland and 
 '' England, is fuffilcient to fecure the peace of this ifland, or fortify it againft 
 ** the intrigues and invafions of its foreign enemies ? And, whether England, 
 " in prudence, ought to communicate its trade and proteiftion to this nation, 
 " till both kingdotps arc incorporated into one ? 
 
 " To clear this laft query, I ihall offer a remark from hiftorv. 
 
 *' Of two independent and diftincEl kingdoms, united by a foederal compadl, 
 " under one fovereign, the weaker, to preferve its intercft, has fometimes fepa- 
 " rated from the ftronger, unlefs prevented by open force, or fecrct influence 
 " on its government. 
 
 " Spain and Portugal were fubjedt to the fame foVereign, Philip II. and, 
 " notwithflanding the Portuguefe got moft advantageous conditions from Spain, 
 " they no fooncr found a favourable opportunity in the reign of Philip IV. 
 " than they revolted from their allegiance, and cletfted the Duke of Braganza 
 " for their king. 
 
 " Sweden and Denmark were united by a fosderal compadt under one mo- 
 " narch ; but the Swedes judging a feparation more for their intereft, broke off, 
 " and chofe Guftavus J. for their king. 
 
 **■ My Lord, I fhould now confider an incorporating union, as it is exprefTed 
 " in this article by one kingdom; but that I may not take up the tirne of the 
 '** Hbufc, 1 fhall only give one hiftorical remark Avith relation to it.- 
 
 " Two or more diflindl kingdoms or flates, by incorporating into one kif)g- 
 *' dom, have continued under the farne fovereign,'. enjoying equally the pro- 
 *' teftion, of his govcrrinient, arid every' part of the body polittc, ' though nei- 
 
 S s 2^ vcr
 
 31 6 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " ver fo far removed from the feat of government, has flourifhed in wealth, in 
 *' proportion to the value of its natural produft, or the induflry of its inhabi- 
 " tants. To prove this remark, there are many examples. 
 
 " Spain was formerly divided into feveral kingdoms, ten whereof are in- 
 corporated into the one kingdom of Spain. 
 
 " France was formerly divided into twelve ftates, which are incorporated 
 into the one kingdom of France. 
 
 " England was formerly divided into feven kingdoms, which are incorporated 
 *' into the one kingdom of England ; Scotland itfelf was formerly divided into two 
 " kingdoms, which at prcfcnt are incorporated into the one kingdom of Scotland. 
 
 " I could give fome account of the particular advantages v/e will obtain by 
 *' an incorporating union with England; but there will be occafions todifcourfc 
 *' of thefe, as the other articles fall under the confideration of this Parliament, 
 *' In general, I may affert, that by this union, we will have accefs to all the 
 *' advantages in commerce the Englilli enjoy : we will be capable, by a good 
 ** government, to improve our national produd:, for the benefit of the whole 
 " ifland; and we will have our liberty, property, and religion, fecurcd under 
 " the protediion of one Sovereign, and one Parliament of Great Britain. 
 
 " Now, my Lord, If limitations on the fucceflbr can be of little or no ufe 
 " to us ; if an entire feparation from England brings no advantage to this na- 
 "t'lon; and if all foederal compafts, as we are ftated, have infuperabjle 
 *' difficulties, which in fomc meafure I have cleared, there is but one of tv/o 
 " left to our choice, to wit. That both kingdoms be united into one, or that 
 " we continue under the fame fovereign with England, as we have done thefe 
 "• hundred years pafV, This laft I conceive to be a very 111 ftate ; for by it 
 " (if experience be convincing) we cannot expedt any of the advantages of an 
 *' incorporating union ; but on the contrair, our fovereignty and Independency 
 *' will be ecllpfed ; the number of our nobility will Increafe ; our commons 
 " will be opprefled ; our Parliaments will be Influenced by England ; the exe- 
 " cution of our laws will be neglcdfted i our peace will be interrupted by fac- 
 '' tions for places and penfions; luxury, together with poverty (though ftrange) 
 " will invade us ; numbers of Scots will withdraw themfelves to foreign coun- 
 *' tries; and all the other effeds of bad government mufl: neceffarlly attend us.. 
 
 " Let us therefore, my Lord, after all thefe confiderations, approve this 
 " article; and when the whole treaty fliall be duly examined and ratified, I am 
 " hopeful, this Parliament will return their moft dutiful acknowledgements 
 " to Her Majclly, for her royal endeavours in promoting a laftlng union 
 <* betwixt both nations." 
 
 Next fpokc the Lord Beilhaven, but without anfwcring what had been faid 
 
 by Mr. Setori* Lie made a long premeditated fpeech, the nature of which will 
 
 be bcil "umlcrftood by reading it at length, which being fo much talked of in 
 
 the
 
 WITH OBSERVATIONS THEREON. 317 
 
 tlie world, I have alfo infcrted here, though I iKall not trouble the reader 
 with many more fpeeclies in this whole hiflory. 
 " My Lord Chancellor, 
 
 " When I confidcr this affair of an Union betwixt the two nations, as it is ck- 
 " prcfled in the fevcral articles thereof, and now the fubjedt of our deliberation at 
 *' this time, I find my mind crouded with variety of very melancholy thoughts; 
 " and I think, it my duty to dilLurdcn myfelf of fome of them, by laying them bc- 
 " fore, andexpofing them to the fcrious confideration of this honourable Houfe. 
 " I think I fee a free and independent kingdom delivering up that which 
 " all the world hath been fighting for fincc the days of Nimrod; yea, that 
 " for which moft of all the empires, kingdoms, ftates, principalities, and 
 " dukedoms of Europe, are at this very time engaged in the mofl bloody and 
 *' cruel wars that ever were, to wit, a power to manage their own affairs by 
 " rhcmfelves, without the afiitlance and counfel of any other. 
 
 " I think I fee a national church, founded upon a rock, fecured by a Claim 
 *' of Right, hedged and fenced about by the ftritleft and pointedcfl; legal fanc' 
 *' tion that fovereignty could contrive, voluntarily defcending into a plain, 
 " upon an equal level with Jews, Papifts, Socinians, Arminians, Anabaptifts, 
 " and other fe(fl:aries. Sec. 
 
 " I think I fee the noble and honourable peerage of Scotland, whofe valiant 
 *' prcdecefibrs led armies againft their enemies upon their ov.-n proper charo-es and- 
 " expcnces, now divelled of their followers and vaflallages, and put upon fuch. 
 " an equal foot with their vaffiils, that I think I fee a petty Englifh excifemati- 
 " receive more homage and refpett than what was paid formerly to their 
 " quondam^ Macallanmore5. 
 
 " I think I fee the prefent peers of Scotland, whofe noble anceflors con- 
 *' quered provinces, overrun countries, reduced and fubjedled towns and foc- 
 " fi.ed places, exadled tribute though the greatefi part of England, now walk- 
 " ing in the Court of Requefts like fo many Englifli Attornies, laying afide 
 " their walking fvvords when in company with, the Engliili Peers, left their 
 ** felf-defence fhould be found murder. 
 
 " I think I fee the honourable eftate of Barons, the bold afferters of the nation's 
 " rights and liberties in the worft of times, now fetting a watch upon their lips 
 " and a guard upon their tongues, left they be found guWty o{ fcmdalunimagnatum. 
 " I think I fee the royal ftate of .boroughs, walking their defolate ftreets, 
 " hanging down their heads uiider difappointments; wormed out of all the 
 "branches of their old ttade, uncertain what hand to turn to; ncceffitatcd to 
 *' become prentices to their unkind neighbours ; and yet, after all, finding 
 ** their trade fo fortified by companies, and fecured by prefcriptions, that 
 " they defpair of any fuccefs thereiru 
 
 "1 think
 
 UB MINUTES OF TflE PAHLIAMEXT OF SCOTLAND, 
 
 " I think I fee our learned Judges laymg afide ihelr praftlqucs and decl- 
 *' fions, ftud)ing the common law of England, gravelled wiih ccrtioraries, niji 
 " prtu/es, writs of error, verdicls indovar, ejeiliomfrr.s^yinjun&ions, demurs, 
 " &c. and frighted with appeals and avocations, becaufe of the new regulations 
 " and reftificalions they may meet with. 
 
 " I think I fee the valiant and gallant foldiery, either fent to learn the plan- 
 " tation trade abroad, or at home petitioning for a fmall fubfifience as the re- 
 *' ward of their honourable exploits, while their old corps '^re broken, the 
 " common foldiers left to beg, and the youngeft English corps kept ftanding. 
 
 " I think I fee the honcft, induftrious tradefman, loaded with new taxes 
 ■•' and impofitions, difappointed of the equivalents, drinking water In place of 
 " ale, eating his faltlefs pottage ; petitioning for encouragement to his ma- 
 " nufadlorles, and anfwered by counter petitions. 
 
 " In fliort, I think I fee the laborious plevv-man, with his corn fpoiling 
 ** upon his hands for want of fale, curfing the day of his birth, dreading the 
 *' expence of his burial, and uncertain whether to marry or do worfe. 
 
 "" I think I fee the incurable difficulties of the landed men, fettered under 
 *' the golden chain of equivalents, their pretty daughters petitioning for wanC 
 *' of hufbands, and their fons for want of employments. 
 
 " I think I fee our mariners delivering up their Ihips to their Dutch 
 ■" partners ; and what through preffes and necefiity, earning their bread as un« 
 *' derlings in the Royal Englifh navy. 
 
 " But above all, my Lord, I think I fee our ancient mother, Caledonia, like 
 ♦' Caefar, fitting in the midft of our fenate, rufully looking round about her, 
 " covering herfclf with her royal garment, attending the fatal blow, and 
 "*' breathing out her lall: with a et tu quoque mi fit. • 
 
 " Are not thefe, my Lord, very afflicting thoughts ? And yet they are 1)0!: 
 " the leafl part fuggefted to me by thefe diflionourable articles ; fliould 
 " not the confideration of thefe things vivify thefe dry bones of ours ? 
 " Should not the memory of our noble prcdccefTors valour and conftancy, 
 " roufe up our drooping fpirits? Are our noble predeceffors fouls got fo far 
 '*' into the Englifli cabbage^ftock and colliflowers, that we fliould fhcw the 
 *' lead inclination that way? Are our eyes fo blinded, are our ears fo deafned, 
 *' are our hearts fo hardened, are our tongues (o faltered, are our hands fo fetter- 
 " ed, that in this our day, I fay, my Lord, that in this our day, that we flrould 
 " not mind the things that concern the very being and well-being of our an- 
 " cient kingdom, before the day be hid from our eyes ? 
 
 " No, my Lord, God forbid ; man's extremity is God's opportunity : he is 
 ■** a prcfcnt help in time of need ; and a deliverer, and that right early. Some 
 *^ unforcicen providence will fall out that mn}- caft the balance; feme Jofeph 
 
 J
 
 WITH OBSERVATIONS THEREON. 319 
 
 " or other will fay, * Why do ye Hrivc together, fince you are brethren?' 
 " None can deftroy Scotland, fave Scotland's fclf ; hold your hands from the 
 " pen, you are fecure. Some Judah or other will fay, ' Let not our hands be up- 
 ' on the lad, he is our brother.' There will be a Jchovah-Jireh, and fome ram 
 " will be caught in the thicket, when the bloody knife is at our mother's throat : 
 " let us up then, my Lord, and let our noble patriots behave thcmfelvcs like 
 " men, and we know not how foon a bleffing may come. 
 
 " My Lord, I wifh from my heart that this my vifion prove not as true, as my 
 <' reafons for it are probable: I defign not at this time to enter into the merits 
 " of any one particular article; I intend this difcourfe as an introdudlion to 
 *' what I may afterwards fay upon the whole debate, as it falls in before this 
 *' honourable Houfe; and therefore, in the farther profecution of what I have 
 " to fay, I fhall infifl upon fome few particulars, very neceflary to be under- 
 *' flood, before we enter into the detail of fo important a matter. 
 
 *' I fhall therefore, in the firfl place, endeavour to encourage a free and full 
 " deliberation, without animofities and heats; in the next place, I fhall endea- 
 *' vour to make an inquiry into the nature and fource of the unnatural and dan-- 
 *' gcrous divifions that are now on foot wiuhin this ifle, with fome motives, 
 ^' fhewing, that it is our intercft to lay them afide at this time. Then I fhall 
 ** inquire into the reafons which have induced the two nations to enter into a. 
 *' treaty of Union at this time, with fome confiderations and meditations, with. 
 *' relation to the behaviour of the Lords Commiflioners of the two kingdoms, 
 " in the management of this great concern. And laftly, I fhall propofe a 
 *' method,' by which we fhall moft diflindlly, and without confufion, go through 
 " the feveral articles of this treaty, without unnecefTary repetitions or lofs of 
 " time : and all this with all deference, and under the corretftion of this ho- 
 «■* nburable Houfe. 
 
 " My Lord Chancellor, the greatefl honour that was done unto a Roman, 
 " was to allow him the glory of a triumph ; the greatefl and moft difhonour- 
 '* able punilliment was that of paricide : he that was guilty of paricide, was 
 *' beaten with rods upon his naked body till the blood gufhed out of all the 
 " veins of his body ; then he was fowed up in a leathern fack called a Culeus, 
 " with a cock, a viper, and an ape, and thrown headlong into the fea. 
 
 *' 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 rrivimphal 
 ** chariot, crowned with laurels,, adorned with trophies, and applauded with 
 ** huzzas, there was a Monitor appointed to ftand behind him, to warn not to 
 ** be high-minded, nor puffed up with overvcening thoughts of himfelf; 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 adminiftration, and 
 *< would be punifhed as other men, if found guilty. 
 
 L « The
 
 ^^20 MINUTES OF THE PARLIAMENT OF SCOTLAND. 
 
 " The grcateft honour amongft us, my Lord, is to reprcfcnt the Soverslgn'^ 
 •*•' facret] perfon in Parliament; and, in one particular, it appears to be greater 
 '• than that of a triumph, becaule the whole Icgiflative power feems to be 
 " wholly intrulled with him : if he gives the royal aflent to an aft of the 
 " eftates, it becomes a law obligatory upon the fubjcft, though contrary or 
 ^ without any inftruftions from the Sovereign : if he refufe the royal affcnt to 
 " a vote in Parliament, it cannot be a law, though he has the Sovereign's par- 
 '"^ ticular and politive inftrucftions for it. 
 
 " His Grace the Duke of Queenfberry, who now rcprefcnts Her Majefty in 
 
 '■ this feffion of Parliament, hath had the honour of that great truft, as often, 
 
 " if not more than any Scotfman ever had ; he hath been the favourite of two 
 
 •' fucceflive Sovereigns; and I cannot but commend his conftancy and perfe- 
 
 " verance, that, notwithflanding his former difficulties and unfuccefsful at- 
 
 " tempts, and maugre fome other fpecialities not yet determined, that his 
 
 *' Grace has yet had the refolution to undertake the moft unpopular meafures 
 
 " lafl. If his Grace fucceed in this affair of an Union, and that it prove for the 
 
 " happinefs and welfare of the nation, then he juftly merits to have a ftatue of 
 
 " gold erefted for himfelf ; but if it fliall tend to the entire deftrudtion and 
 
 '^' abolition of our nation, and that wc the nation's truftees fhall go into it, then 
 
 ^' I muft fay, that a v/hip and a bell, a cock, a viper, and an ape, are but too 
 
 *' fmall punifhments for any fuch bold unnatural undertaking and complaifance. 
 
 *• That I may path a way, my Lord, to a full, calm, and free rcafoningup- 
 
 *' on this affair, which is of the laft confequcnce unto this nation, I fhall mind 
 
 *' this honourable Houfe, that wc are the fucceflbrs of our noble predecefTors 
 
 •*' who founded our monarchy, framed our laws, amended, altered, and cor- 
 
 " refted them from time to time, as the affairs and circumffances of the nation 
 
 " did require, without the affiftance or advice of any foreign power or potentate, 
 
 " and who, during the time of two thoufand years, have handed them down to 
 
 " us a free, independent nation, with the hazard of their lives and fortunes; 
 
 " fhall not wc then argue for that which our progenitors have purchafed for 
 
 " us at fo dear a rate, and with fo much immortal honour and glory ? God for- 
 
 " bid. Shall the hazard of a father unbind the ligaments of a dumb fon's 
 
 " tongue? and fliall we hold our peace when our Patria is in danger ? I fpeak 
 
 " this, my Lord, that I may encourage every individual member of this Houfe 
 
 " to fpeak their nand freely. There are many wife and prudent men amongft 
 
 " us, who think it not worth their while to open their mouths; there are 
 
 " others who can fpeak very well, and to good purpofc, who flielter themfelves 
 
 " under the fliamcful cloak of filence, from a fear of the frowns of great men 
 
 ^' and parties. I have obferved, my Lord, by my experience, the greatcfl: 
 
 ■" number of fpeakcrs in the moft trivial afHiirs ; and it will always prove fo 
 
 " whik
 
 « 
 
 WITH OBSERVATIONS THEREON. 321 
 
 while we come not to the right iindcrAanding of our oarh c/c fiJeii, whereby 
 " we are bound not only to give our vote, but our faithful advice in Par- 
 *' lianaent, as we Ihouid anfwer to God ; and in our ancient laws, the rcprefcn- 
 *' tatives of the honourable barons and the royal boroughs are termed fpokef- 
 " men : it lies upon your Lordflaips therefore particularly to take notice of 
 " fuch, vvhofe moderty makes them bafliful to fpeak : therefore I fhall leave it 
 " upon you, and conclude this point with a very^ memorable faying of an 
 " honeft private gentleman, to a great Queen, upon occafion of a ftate projcdt, 
 ** contrived by an able ftatefman, and the favourite to a great King, againft a 
 ^' peaceable, obedient people, becaufe of the diverfity of their laws and confti- 
 " tutions : < If at this time thou hold thy peace, falvation fliall come to the 
 " ' people from another place, but thou and thy houfe flull perifh.' I leave 
 " the application to each particular member of this Houfe. 
 
 *' My Lord, I come now to confider ourdivifions. We are under the happy 
 *' reign (blefled be God) of the beft of Queens, who has no evil defign againft 
 '' the meanefl of her fubjed:s, who loves all her people, and is equally beloved 
 " by them again ; and yet that, under the happy influence of our mofl excel- 
 " lent Queen, there fliould be fuch divifions and fadlions, more dangerous 
 *' and threatening to her dominions, than if we were under an arbitrary govern- 
 " ment, is moll flrangc and unaccountable. Under an arbitrary Prince, all are 
 " willing to ferve, becaufe all are under a neceffity to obey, whether they will or 
 " not : he choofes therefore whom he will, without refpeft to cither parties or 
 " fadions : and if he think fit to take the advices of his Councils or Par- 
 " liaments, every man fpeaks his mind freely, and the Prince receives the faith- 
 " ful advice of his people, without the mixture of felf-defigns : if he prove a 
 " good Prince, the Government is eafy ; if bad, cither death or a revolution 
 " brings a deliverance. Whereas here, my Lord, there appears no end of our 
 " mifery, if not prevented in time; fadlions are now become independent, and 
 " have got footing in councils, in parliaments, in treaties, in armies, in incor- 
 " porations, in families, among kindred j yea man and wife ape not free from 
 " their political jars. 
 
 " It remains therefore, my Lord, that I inquire into the nature of thefe 
 '* things, and fince the names give us not the right idea of the thing, I am 
 *' afraid I will have difficulty to make myfelf well underftood. 
 
 ** The names generally ufed to denote the fadions arc Whig and Tor}- — as 
 
 " obfcure as that of the Guelfs and Gibelins : yea, my Lord, they have dif- 
 
 *' ferent fignifications, as they are applied to fadions in each kingdom ; a Whig 
 
 " in England is a heterogeneous creature; in Scotland, he is all of a piece : a 
 
 *' Tory in England is all of a piece, and a ftatefman ; in Scotland, he is quite 
 
 *' otherwife, an anti-courtier and anti-ftatefman. 
 
 T t "A Whig
 
 3Z2. MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " A Whig in England appears to be fomcwhat like Nebuchadnezzar's image 
 " of different metals, different claffcs, different principles, and different de- 
 " figns ; yet take them all together, they arc like a piece of fine mixed drog- 
 *' gat of different threads, fome finer, fome coarfer, which after all make a 
 " comely appearance, and an agreeable fuit. A Tory is like a piece of loyal- 
 *' made Englifh cloth, the true ftaple of the nation, all of a thread : yet if we 
 " look narrowly into it, we fhall perceive diverfity of colours, which, according 
 " to the various fituations and pofitions, make various appearances ; fometimes 
 ■" Tory is like the moon in its full, as appeared in the affair of the Bill of the 
 ** Occafional Conformity ; upon other occafions it appears to be under cloud, 
 " and as if it were eclipfed by a greater body, as it did in the defigri of the call- 
 *' ingover the illullrious Princefs Sophia. However, by this we may fee their 
 *' defigns are to outflioot Whio; in his own bow. 
 
 *' Whig in Scotland is a true-blue Prcfbyterian, who, without confidering 
 *' time or power, will venture their all for the kirk ; but fomething lefs tor 
 " the State. The greateft difficulty is, how to defcribe a Scots Tory : of old, 
 *' when I knew them firft, Tory was an honeft-hearted comradifli fellow, who, 
 *•' provided he were maintained and protecfted in his benefices, titles and digni- 
 " ties by the State, he was the lefs anxious who had the government and ma- 
 "' nagement of the church : but now, what he is fince Jure-Divinity came m 
 " fafhion, and that Chriftianity, and by confequence, falvation comes to de- 
 " pend upon cpifcopal ordination, I profefs I know not what to make of him ; 
 " only this I mufl fay for him, that he endeavours to do, by oppofition, that;> 
 " which his brother in England endeavours, by a more prudent and lefs fcru- 
 *' pulous method. ' 
 
 '* Now, my Lord, from thefe divifions there has got up a kind of ariftocracy, 
 " fomething like the famous triumvirate at Rome; they are a kind of under- 
 " takers and pragmatic ftatefmen, who, finding their power and ftrength great, 
 ** and anfwerablc to their defigns, will make bargains with our gracious So- 
 " vereign, they will ferve her faithfully, but upon their own terms : they muft 
 " have their own inftruraents, their own meafures ; this man muft be turned 
 " out, and that man put in, and then they'll make her the moft glorious Queen 
 *' in Europe. 
 
 " Wliere will this end, my Lord ? Is not Her Majefly in danger by fuch 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 feed is fown that is like to afford us a perpetual 
 *' increafe ; it is not an annual herb, it takes deep root, it feeds and breeds ; 
 " and, if not timeoufly prevented by HerMnj^fty's royal endeavours, will fplit 
 ** the whole illaad in two> 
 
 *' My
 
 ei 
 
 c. 
 
 WITH OBSERVATIONS THEREON. 323 
 
 " My Lord, I think, confidcring our prcfcnt circumftanccs at this time, the 
 Ahiiighty God has rcllrvcd this great woik. for us; we may bruiie this 
 Hydra of divifion, and crufli this Cockatrice's egg ; our ncighlx>urs in.Eng- 
 hmd are not yet fitted for any fuch thing, they arc not under the afflicting 
 hand of Providence as wc are ; their circumftances are great and glorious, 
 " their treaties are prudently managed both at home and abroad, their generals 
 " brave and valorous, their armies luccefsful and vidlorious, their trophies and 
 " laurels memorable and furprifing ; their enemies fubdued and routed, their 
 ^' flrong holds befieged and taken, fieges relieved, marflials killed and taken pri- 
 " foners, provinces and kingdoms are the rekilts of their, victories; the royal 
 " navy is the terror of Europe, their trade and commerce extended through 
 " the univcrfe, encircling the ivhole habitable world, and rendering their own 
 " capital city the Emporium for the whole inhabitants of the earth ; and which 
 *' is yet more than all thefe things, the fubjetfts freely beftowing their treafury 
 *' upon their Sovereign ; and above all, thefe valt riches, the finevvs of war, and 
 ■*' without which all the glorious fuccefs had proved abortive, thefe treafures 
 *' are managed with fuch faithfulnefs and nicety, that they anfwer feafonably all 
 *' their demands, though at never lb great a diflance. Upon thefe confidera- 
 *' tions, my Lord, how hard and difficult a thing will it prove to perfuade our 
 ^' neighbours to a felt-denial bill, 
 
 *' It is quite otherwife with us, my Lord ; we are an obfcure, poor people, 
 *' though formerly of better account ; removed to a remote corner of the world, 
 " without name and without alliances, our pofts mean and precarious ; fo that 
 *" I profcfs I do not think any one poft of the kingdom worth the bringing 
 •" after, lave that of being commiliioner to a long felTion of a factious Scots Par- 
 f li anient, with an antedated commiffion, and that yet renders the reft of the 
 " Mlnifters more mifcrable : what hinders us then, my Lord, to lay afide our 
 *' divifions. to unite cordially and heartily together in our prefent circumftances, 
 " when our all is at the ftake. 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 demolifla this throne ; if we take not notice, 
 " he'll feize upon thefe Regalia, he'll take them as om/polia opima, and whip 
 ♦* us out of this Houfe, never to return again. 
 
 " For the love of God then, my Lord, for the fafety and welfare of our an- 
 " cient kingdom, whofe fad circumftances I hope we Ihall yet convert unto 
 ^' profperity and happinefs ! We want no means, if wc unite; God blelTeth 
 " the peace-makers ; we want neither men nor fufficiency of all manner of 
 " things neceffary to make a nation happy : all depends upon management, 
 Concordia res parv^e cref cunt. I fear not thefe articles, though they were ten 
 ** times vvorfe than they are, if we once cordially forgive one another, and that 
 
 T t 2 according
 
 .r24 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " acording to our proverb, bygones be bygones and fair play to come. For my 
 " part, in the fight of God, and in the prefence of this honourable Houfe, 2 
 " heartily forgive every man, and beg that they may do the fame tome; and I 
 '' do mofl humbly propofe, that his Grace my Lord Commiffioner may ap- 
 " point an Agape, may order a love-feaft for this honourable Houfe, that we 
 " may lay afide all fclf-defigns, and, after our fafts and humiliation, may have 
 *' a day of rejoicing and thankfulnefs; may eat our meat with gladnefs, and our 
 ** bread with a merry heart; then lliall we ' fit each man under his own fig-tree, 
 ^' and the voice of the turtle Ihall be heard in our land,' — a bird famous for con- 
 ** ftancy and fidelity. 
 
 " My Lord, I Ihall make a paufe here, and flop going on farther in my dif- 
 " courfe, till I fee farther, if his Grace my Lord Commiffioner receive any 
 " humble propofals for removing mifunderltandings among us, and putting an 
 *' end to our fatal divifions ; upon honour I have no other defign, and I am con- 
 *' tent to beg the favour upon my bended knees." 
 
 No anfwer. 
 
 " My Lord Chancellor, I am forry that I muft purfuc the thread of my fad 
 *' and melancholy Ilory : what remains, I am afraid, will prove as affliding as 
 *' what I have laid ; I fhall therefore confider the motives which have en- 
 " gaged the two nations to enter upon a treaty of Union at this time : in ge- 
 " neral, my Lord, I think both of them had in their view to better themfelves 
 " by the treaty; but before I enter upon the particular motives of each nation, 
 " I muft inform this honourable Houfe, that fince I can remember, the two na- 
 *' tions have altered their fentiments upon that affair, even almofl: to downrio-ht 
 " contradid:ion ; they have changed headbands, as we fay ; for England, till of 
 " late, never thought it worth their pains of treating with us; the good bar- 
 " gain they made at the beginning, they refolve to keep, and that which we 
 *' call an incorporating Union was not fo much as in their thoughts. The firft 
 *' notice they feemcd to take of us, was in our affair of Caledonia; when they 
 *' had moft effeftually broke off that defign, in a manner very well known to the 
 " world, and unneceffary to be repeated here, they kept themfelves quiet during 
 •' the time of our complaints upon that head : in which time our Sovereign, to 
 " fatisfy the nation and allay their heats, did condcfccnxj to give us fome good 
 " lav.'s, and, amongft others, that of pcrfonal liberties and of peace and war; 
 " but Ei>gland having declared their fucccffion and extended their intail with- 
 " out ever taking notice of us, our gracious Sovereign Queen Anne was graci- 
 " oufly pleafed to give the royal affcnt to our Adt of Security, and to give us a 
 " hedge to all our fncred and civil intcicfts, by declaring it high treafon to en- 
 " deavour the alteration of them, as rhcy were then cftablillied. Thereupon did 
 *• follow the threatening and minority laws againft us by ihc rarliament of Eng- 
 
 " bud.
 
 WITH OBSERVATIONS THF.REON, 325. 
 
 ♦* land, and the unjuft and unequal charadler of what Her Majcfly had fo o-ra- 
 *' cioufly condelccnded to in our favour : Now, my Lord, whether the defire 
 " they had to have us engaged in the fame fucceffion with them ; or whether 
 " that they found us like a free and independent people, breathing after more 
 *' liberty than what formerly was looked after ; or whether they were afraid of 
 " our A(ft of Security, in cafe of HcrMajefty's dcceafc : which of all thefe mo- 
 " tives has induced them to a treaty, I leave it to themfelvcs ; this I mufi: fay 
 " only, they have made a good bargain this time alfo. 
 
 " For the particular motives that induced us, I think, they are obvious tobe 
 " known ; we found by flul experience, that every man hath advanced inpower 
 " and riches, as they have done in trade, and at the fame time confidering that 
 " no where through the world flaves are found to be rich, though they fhould 
 " be adorned with chains of gold, we thereupon changed our notion of an in- 
 *' corporating Union to that of a foederal one ; and being refolved to take this 
 " opportunity to make demands upon them, before we enter into the fuc- 
 *' ccflion, we were content to impower Her Majefty to authorife and appoint 
 " Commiffioners to treat with the Commiffioners of England, with as ample 
 *' powers as the Lords Commiffioners from England had from their conftituents^ 
 *' that we might not appear to have lefs confidence in Her Majefty, nor more 
 " narrow -hearted in our adl than our neighbours of England : and thereupon. 
 *' laft Parliament, after Her Majefty's gracious letter was read, defiring us to 
 *' declare the fucceffion in the firfl place, and. aftcrw-ards to appoint Commif- 
 *' fioners to treat, we found it neccffary to renew our former Refolve, which- 
 ** I iliall read to this honourable Houfe : 
 
 • Refolve prefented by (be Duke of Hamilton hiji feffion of Parliament : 
 
 ' That this Parliament will not proceed to the nomination of a fucceffor, till 
 ' we have had a previous treaty with England, in relation to our commerce 
 « and other concerns with that nation. And farther, it is refolved, That this 
 
 * Parliament will proceed to make fuch limitations and conditions of Govern- 
 
 * ment, for the rcdlification of our Conflitution, as may fccure the liberty, re- 
 
 * ligion, and independency of this kingdom, before they proceed to the faid 
 
 * nomination.' 
 
 " Now, my Lord, the laft feffion of Parliament having, before they would 
 " enter upon any treaty with England, by a vote of the Houie, palled both 
 " an aft for limitations, and an adt for re£tification of our Conftitution, what 
 •' mortal man has reafon to doubt the dcfign of this treaty was onlv foederal ? 
 
 " My Lord Chancellor, it remains now that we confider the behaviour of 
 *' the Lords Commiffioners at the opening of this treatv. And before I enter.. 
 **■ upon that, allow me to make this meditation, that if our poftcrity, after wc 
 
 "are
 
 526 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " are all dead and gone, fhall find themfelves under an ill-made bargain, and 
 •' Hiall have a recourfe unto our records, and fee who have been the managers 
 *' of that treat)', by which they have fuffered fo much ; when they read the 
 " names, they will certainly conclude and fay, Ah ! our nation has been re- 
 " duced to the laft extremity, at the time of this treaty ; all our great chicf- 
 *' tains, all our great peers and confiderable men, who ufed formerly to defend 
 *' the rights and liberties of the nation, have been all killed and dead in the 
 " bed of honour, before ever the nation was neceffitatcd to condefcend to fuch 
 " mean and contemptible terms : where are the names of the chief men of the 
 *' noble families of Stewarts, Hamiltons, Grahams, Campbells, Gordons, 
 *' Johnftons, Homes, Murrays, Kers, &c. Where are the two great officers 
 " of the Crown, the Conftable and the Marifchal of Scotland? They have 
 " certainly all been extinguifhed, and now we arc Haves for ever. 
 
 *' Whereas the Englifh records will make their pofterity reverence the me- 
 *' mory of the honourable names who have brought under their fierce, warlike, 
 *' and troublefome neighbours, who had flruggled fo long for independency, 
 " fhed the bell: blood of their nation, and reduced a confiderable part of their 
 *' country to become wafle and defolate. 
 
 *' I am informed, my Lord, that our Commiffioners did indeed frankly tell the 
 '' Lords Commiffioners for England, that the inclination of the people of Scot- 
 ** land were much altered of late, in relation to an incorporating Union, and 
 " that therefore fince the entail was to end with Her Majefty's life, whom 
 " God long prcferve, it was proper to begin the treaty upon the foot of 
 *' the treatv the 1604th year of God, the time when we came firft under one 
 " Sovereign ; but this the Englifh Commiffioners would not agree to, and our 
 *' Commiffioners, that they might not feem obftinate, were willing to treat and 
 " conclude in the terms laid before this honourable Houle, and fubjedled to 
 " their determination. 
 
 " If the Lords Commiffioners for England had been as civil and complai- 
 *' fant, they fhould certainly have finiffied a foederal treaty likewife, 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 entire and complete 
 " Union, a name which comprehends an Union, cither by incorporation, fur- 
 *' render, or conqueft ; whereas our Commiffioners thought of nothing but a 
 " fair, equal, incorporating Union ; whether this be fo or not, I leave it to 
 *• every man's judgement ; but as for myfclf, I muft beg liberty to think it 
 " no fuch 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 
 " pices of metal were melted down into one mafs, it can neither be laid to 
 " retain its former form or fubftance, as it did before the mixture. But now 
 
 2 " when
 
 WITH OBSERVATIONS THEREON 327 
 
 *' when Iconfidcr this treaty, as it hath been explained and Ipoke to bcforcus 
 " thelc three weeks pall, I fee the Englifli Conflitution remaining firm, tht; 
 " fame two Houfes of Parliament, the fame taxes, the fame cuiloms, the fame 
 *' excifes, the fmie trade in companies, the lame municipal laws and Courts of 
 " Judicature, and all ours cither fubjedl: to regulations, or annihilations : only 
 " we have thchonour to pay their old debts, and to have fome few perfons 
 " prefent for witnefles to the validity of the deed, when they are pleafed to 
 " contract more. 
 
 " Good God ! What, is this an entire furrender ? 
 
 «' My Lord, I find my heart fo full of grief and indignation, that I muft 
 " beg pardon, not to finifh the lafT; part of my difcourfc, that I may drop a 
 " tear as the prelude to fo fad a ftory." 
 
 After having fat down, and fome difcourfes by other members intervening, 
 
 he continued his difcourfe thus : 
 
 " My Lord Chancellor, what I am now to fay, relates to the method of pro- 
 *' ceeding in this weighty affair: I hear it propofed by a noble member of 
 *' the other fide, that wc fliould proceed in the fame order as the Lords Com- 
 " miffioners treaters did. In my humble opinion, my Lord, it is neither the 
 " natural method, nor can it be done without great confufion and repetition. 
 " To fay, you'll agree to the Union of the two kingdoms, before you agree in 
 *' the terms upon which they are to be united, feems like driving the plough 
 ** before the oxen : The articles which narrate the conditions, feem to be the 
 *' premifes upon which the conclufion is inferred ; and, according as they 
 ** are found good or bad, the fucccfs will follow. When a man is married to 
 " a fortune in England, as they call it, I fuppofe he is fatisfied with the thino- 
 " before he determines himfelf to marry ; and the propofil I have heard of 
 " agreeing to the firll article, with a provifo, that, if the refl of the articles 
 " fliall be found fatisfadfory, and not otherwife, is of a piece with the reft 
 *' and looks like beating the air, and no ways confiftent with fair and fquare 
 .** dealings. Befidcs, my Lord, if we were to go upon the firft article,' arc not 
 *' all the reft of the articles, befides many others not contained in the articles, 
 ** valid arguments, either pro or con, againft concluding, or not concluding, 
 ** the firft article ? and no vote in this Houfe can hinder a man from making 
 *' ufe of what arguments he thinks fit. Moreover, the fearching the records, 
 " and the revifing the ftatute books, comparing the books of rates, cuftoms, 
 ** excifc, taxes, of both nations, with one another, muft all be previously 
 *' confidered, ere we determine ourfelves in one fingle article ; add to this, that 
 ** the prohibitory claufe, with relation to the trade of both nations, muft be 
 •* adjufted, left, like flop's dog, we lofe the old, in grafping at the new ; 
 *' the ftate of the Englifli companies muft alfo be expcfcd, how far we Ihall 
 " have liberty into them, and what advantage we may propofe to ourfelves, 
 
 " by
 
 32 S MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 by trading to thefe places where they are fecured ; and above all, my Lord, 
 the fccurity of our national church, and of all that's dear unto us, mufl be 
 previoufly eftablifhed to us, if pradticable, before we conclude the firft 
 article. Therefore, my Lord, though my particular opinion be, though 
 we had a cart blanch from England ; yet the delivering up of our fovereignty 
 gives back with one hand what we receive from the other, and that there 
 can be no fecurity, without the guarantee of a dilVmdt independency betwixt 
 the parties treating : yet, my Lord, for farther fatisfaftion to this honourable 
 Houfe, that every member may fully fatisfy himfeif, I humbly propofe, 
 ' That, paffing by the firft three articles, which appear to be much of a 
 ' piece, we begin at the fourth article of the treaty,' and if I be fecondcd 
 in this, I defire it may be put to the queftion." 
 
 I Ihall make no remarks upon this laft and famous fpeech ; the noble perfon 
 that fpoke it, however he happened to miftake in fome things, was a perfon 
 of extraordinary parts and capacity ; and as he was very warm againft the 
 Union, It made that oppofition the more confiderablc. 
 
 This fpeech, the reader may fee, was pointed dlreftly againft the Union ; 
 and in the firft part of it argues againft the whole, in the laft againft the 
 parts ; but concludes to move againft the immediate proceedings. 
 
 The firft fpeech was from a perfon no lefs capable in the matter of the 
 treaty, and that had been a Commiflioner in the treaty at London ; the 
 fpeeches are direftly oppofite, and are left thus upon record to argue againft 
 one another. 
 
 The time had been taken up with their length, and the Houfe, as well 
 as the nation, was, at this time, in an unufual ferment, fo not many replies 
 were made. Mr. Seton, who made the firft fpeech, flood up to anfwer the 
 Lord Bcilhaven ; but, as he had already fpoken, the orders of the Houfe, 
 viz. " That the fame member could not fpeak twice in the fame caufc," 
 were urged againft his fpeaking, and the Earl of Marchmont ftanding up to 
 fpeak at the fame time, the Lord Chancellor gave place to him ; who indeed 
 made a very fhort return to fo long a fpeech, and which anfwer occafioned 
 fome laughter in the Houfe : The Earl of Marchmont's fpeech was to this 
 purpofc, viz. He had heard a long fpeech, and a very terrible one, but 
 be was of opinion, it required a fhort anfwer, which he gave in thefe words, 
 " Behold he dreamed, but lo ! when he awoke, he found it was a dream." 
 This anfwer, fome faid, was as fatisfadlory to the members, who underftood 
 the dcfign of that fpeech, as if it had been anfwcred vifion by vifion. 
 
 After ihcfc two fpeeches, fcveral members fpoke pro and con ; but the 
 debate, in clofc of the day, turned fo warm, that, at the defire of the Houfe, 
 it was adjourned to the next/f </«-//«/. 
 
 MINUTE
 
 Prayers faul. 
 
 WITH ORSERVATIONS THEREON. 329 
 
 MINUTE XV. 
 
 Monday, November 4, 1706. 
 
 Rolls called. 
 
 Then the following addrcffes were prefcnted, viz. Addrefs of barons, free- 
 holders and others, within the fhire of Stirling, fubfcribers of the fame ; addrefs 
 of barons, freeholders and others, within the fhire of Dnmbartoun, fubfcribers 
 of the fame ; addrefs of the magiftrates, town-council, deacons of crafts and 
 burgeffes within the burgh of Linlithgow, fubfcribers of the fame ; addrefs 
 of hcrctors and others, inhabitants of the town and paroch of Dunkeld, alias 
 Caledonia, fubfcribers of the fame ; and an addrefs of the town and paroch of 
 Dyfert, fubfcribers of the fam^e, allagainftan incorporating Union with England, 
 and were read. 
 
 Thereafter the firft article of Union was again read, as alfo the motion men- 
 tioned in the laft minute relating thereto, viz. " That it be agreed to, in the 
 " firft place, to proceed to take the firft article of the Union into confideration, 
 *' with this provifion, that if the Other articles of Union be not adjufled by the 
 ** Parliament, then the agreeing to and approving of the firft fhall be of no 
 ** effccft ; and that immediately after the Hiid firft article, the Parliament will 
 *' proceed to an adl for fecurity of the doftrine, difcipline, worflaip, and go- 
 " vernment of the church, as now by law eftablilhed within this kingdom ;" 
 and after fome farther debate upon the faid article, a refolve was offered in thir 
 terms, viz. " Whereas it evidently appears fince the printing, publifliing, and 
 " confidcring of the articles of treaty, now befere this Houfe, this nation feems 
 " generally averfe to this incorporating Union in the terms now before us, as 
 *' fubverfive of the fovereignty, fundamental conftitution, and Claim of Right 
 ** of this kingdom, and as threatening ruin to this church as by law eftablifhed. 
 
 " And fince it is plain, that if an Union were agreed to in thefe terms bv 
 " this Parliament, and accepted of by the Parliament of England, it would 
 " in no fort anfwcr the peaceable and friendly ends propofed by an union ; 
 " but would, on the contrary, create fuch difmal diftrad:ions and animofitics 
 " amongft ourfelves, and fuch jealoufics and miftakes betwixt us and our neigh- 
 " bours, as would involve thefe nations into fatal breaches and confufions : 
 
 " Therefore, Refolved, That we are willing to enter into fuch an Union 
 " with our neighbours of England, as Iball unite us entirely, and after the 
 " moft ftrict manner, in all their and our intercfts of fueceflion, wars, alliances, 
 " and trade, refcrving to us the fovereignty and independency of our crown and 
 *' monarchy, and immunities of the kingdom, and the conftitution and frame 
 *' of the government both of Church and State, as they ftand now eftablifhed 
 *' by our fundamental conftitution, by our Claim of Right, and by the laws 
 
 U u following
 
 53-5 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 •' following thereupon ; or refolved, that we will proceed to fettle the fame 
 " fucceffion with England, upon fuch conditions and regulations of govern- 
 " ment, within ourfelves, as fhall cffeclually fecure the Ibvereignty and inde- 
 " pendency of this crown and kingdom, and the indiflblvable fociety of the 
 " fame, with the fundamental rights and conftitutions of the government both 
 *' of Church and State, as the fame ftands eftablifhed by the Claim of Right, 
 *' and other laws and ftatutcs of this kingdom." 
 
 Which being read, and after debate thereon, the vote was ftated, " Ap- 
 " prove of the firfl article of the Union in the terms of the motion, yea or 
 " not." 
 
 But before voting, the Duke of Athole ga^e in the following proteft, viz. 
 " That he for himfelf and all others who fhall adhere, protefted, that an in- 
 " corporating Union of the crown and kingdom of Scotland, with the crowti 
 " and kingdom of England ; and, that both nations fhould be reprefentcd by 
 '• one and the fame Parliament, as contained in the articles of the treaty of 
 *•' Union, is contrair to the honour, intereft, fundamental laws, and conflitu- 
 " tion of this kingdom, the birthright of the peers, the rights and privileges 
 •' of the barons and boroughs, and is contrair to the Claim of Right, property, 
 " and liberty of the fubje<3:s, and third adl of Her Majefly's Parliament, one 
 " thoufand feven hundred and three, by which it is declared ' high treafon, 
 " * in any of the fubjecfts of this kingdom, to quarrel, or endeavour by writ- 
 " * ing, malicious and advifed fpeaking, or other open adt or deed, to alter or 
 •* * innovate the Claim of Right, or any article thereof;' and referving liberty 
 " to him, and his adherents, to renew their protcltation againft farther pro-. 
 " ceedings in the faid matter, and to adjoin their reafons for the fame, and de- 
 " fired this his proteftation to be ii:iarked in the records of Parliament.'*, 
 Which being read, the faid Duke of Athole took inllruments thereon; and the 
 Duke of Hamilton, Marquis of Annandale, Earl of Errol, Earl Marifchal, 
 Earl of Wigtoun, Earl of Strathmorc, Earl of Selkirk, Earl of Kincardin, 
 Vifcount of Stormont, Vifcount of Kilfyth, 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 Carnwarth ; Sir James Foulis, of Collingtoun; Andrew Fletcher, of Sal- 
 toun ; Sir Robert Sinclair, of Longformacus ; Sir Patrick Home, of Rcntounj 
 John Sinclair, younger, of Stcvcnfon; John Sharp, of Hoddam ; Mr. Alexan- 
 der Fergufon, of Ifle ; John Brifbain, of Blflioptoun ; Mr. William Cochran, 
 of Kilmaronock ; Sir Humphrey Colquhoun, of Lufs ; John Grahame, of Kil- 
 lairn ; James Grahame, of Buckly vie ; Thomas Sharp, of Houfloun ; Sir 
 Patrick Murray, of Auchtertyre; John Murray, of Srrowan ; John More, 
 of Stony wood ; David Beaton, of Balfo,ure; Mr. Thomas Hope, of Rankeilor; 
 
 Mr.
 
 WITH OBSERVATIONS THEREON. 311 
 
 Mr. Patrick Lyon, of Auchterhoufc ; Mr. James Carnegie, of Phinhavcn ; 
 David Grahame, younger, of Fintrie ; James Ogilvie, younger, of Boyn; Mr. 
 George Mackenzie, of Inclicoulter ; Alexander Robcrtfon, Walter Stuart, 
 Alexander Watfon, Alexander Edgar, John Black, James Ofivald, Robert 
 Johnftoun, Alexander Duff, Francis MoUifon, Walter Scot, George. Smith, 
 Robert Scot, Robert Kellie, John Hutchifon, Mr. William Sutherland, 
 Archibald Shiels, Mr. John Lyon, George Spence, Mr. William John- 
 ftoun, Mr. John Carruthcrs, George Home, John Baine, and Mr. Robert 
 Frazer, adhered thereto. 
 
 Then the vote was put, " Approve of the fald firft article of Union, in the 
 *' terms of the motion, yea or not," and it carried, " Approve." 
 
 I^oved, " That the lift of the hail members of Parliament, as they voted 
 *' pro or con, be printed," and it was agreed to. 
 
 Thereafter an overture for an aft, for fecurity of the true Proteftant re- 
 ligion, and government of the church, as by law eftabliftied within this king- 
 dom, was read, and ordered to be printed. 
 
 Adjourned till Wcdnefday next at ten o'clock. 
 
 OBSERVATION XV. 
 
 It is very remarkable, that the addreffes now began to throng upon the 
 Houfe, and we find them at the beginning of every vote. The debates 
 of this day vifibly difcovercd the reafon and defign of procuring thefe ad- 
 drefles, viz. that they might form an argument from the general averfions 
 of the nation, and from thence, and the bringing the foldiers into the city, 
 it was called a cramming the Union down their throats. 
 
 At the fame time it was vlfible, there were fuch methods made ufe of to 
 procure addrefles ; fuch want of hands ; fuch kinds of people who figned ; 
 fuch a paucity of gentry, where the counties were full of gentlemen; and 
 fvich varieties of circumftances concurring to make it appear that it was the 
 laboured performance of a party, that it was thought they met with the 
 lefs regard. 
 
 There were indeed, in feveral places, addrefles prepared from the gentry of 
 
 the country, for the encouragement of the treaty, but it was concluded to 
 
 ■be needJefs, fince that would have been a kind of telling nofcs without 
 
 doors, and the party would have been pleafed, to have had it paft for a fort 
 
 of polling the nation, in which, they having before diflatisfied and alarmed 
 
 the common people, they had the moft hopes of fuccefs ; this, thereiore, 
 
 was laid afide, as a ftep that would be of no ufc, and would put the Union 
 
 upon a trial altogether inconfiftent with the conftitution, and, as it were, 
 
 •debate it a-la-mob. 
 
 U u z And
 
 333 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 And therefore, none of the addreflcs on the other fide were prefcnted, 
 though I have the origmals of fome by me, which were adtually figned by 
 the country gentlemen, and which were highly expreffive of their aflent to 
 the treaty, and of their reafons for it, fome of which were particularly the 
 danger of Popery, and of introducing the old tyranny in the Prince of 
 Wales. 
 
 Nor can it but be reafonably fuppofed, that had the noblemen and gentle- 
 men of Scotland, as well in the Parliament as without, who were hearty 
 in the bufinefs of the Union, gone home, and raifed their tenants, vaffals, 
 - and dependencies, to have appeared for the Union, either in the addrelles, 
 or in the field, they would, taking it firfl:, as much have overpowered the 
 other party without doors, as they outvoted them within; fince it was knWvn, 
 that except the Duke of Athole, the principal number of the oppofers 
 were not men of the greateft interefi: in their country, I mean, as to tlie 
 command of their vaffals and attendants. 
 
 But they never brought it to the extremity of that trial ; and therefore 
 the motions of the party, as to general averfions, being laid afide, they 
 found themfelves under a neceffity of ftruggling in Parliament only. 
 
 The endeavours of mobbing the Parliament were fuppreft, and the ad- 
 dreffes obtained only a reading, but had no diredt anfwer given to them, 
 other than the proceedings of the Houfe of courfe made out •, the thing now to 
 be carried on within doors was, to load the treaty with impracticable amend- 
 ments, while the party without doors endeavoured, on the one hand, to 
 raife tumults in the country, bring up popular addreffes, and at lall:, down- 
 right rebellion, as in its place will appear : and, on the other hand, to dif- 
 pleafe and diffatisfy the Miniflers, and bring them to appear publicly uneafy ; 
 of which we fhall fee farther in its place. 
 
 The debates of this day were very warm, and feveral long fpeeches were 
 made, but it was impoffible to obtain abftradts of fpeeches, which we could 
 but juft hear, and I fliall not venture to injure either the fpeaker or hearer, 
 by impofing my language upon them, to exprefs what others faid. 
 
 Long debates were offered to the fccond part of the vote above, viz. That 
 the Union was impradticable ; that the joining of nations could not be ; 
 would tend to confufion ; and be neceffarily broken, as in the vote. This 
 was raifed upon the aforefaid book of Mr. Hodges, and proved evidently, 
 that it was not his hypothefis, but a concert of heads, and his interfering 
 intcrefts were here difcourfed of. 
 
 I am not willing to examine into the inconfiftencies of fome people's no- 
 tions, darted here in matters of interefts, and how they railed objedlions, 
 which were not grounded on faft, pfpecially in matters of trade ; I bury 
 
 thcni
 
 WITH OBSERVATIONS THEREON, 333 
 
 them in filence, in refpcdt to the gcnikmcn ; but it was next to miraculous to 
 hear men of fenfe allcdgc, that England got nothing by her Weft-India trade, 
 that inoft of her foreign trade was engroflcd by theexclufive companies, that 
 Scotland got nothing by trading with England, that Scotland could gain by 
 any foreign trade but England, and the like; thefe things will more evidently 
 be detedted hereafter. 
 
 In fhort, afcederal Union was offered — that was underftood — anything but 
 the right, any thing but the treaty now begun ; becaufe, could they have ob- 
 tained a vote againft the prefcnt treaty, the gaining time for another Parliament 
 had followed, and the dcfign of putting off, or delaying time, had taken effcdt. 
 
 Some gentlemen, with extraordinary reafon.and force of argument, endea- 
 voured to explain to them the abfurditics and inconfiftencies of that projcdt, 
 and put the Houfe in mind, that it was not a focderal union, or a better union 
 that thofe gentlemen dcfircd, but really no union at all ; and that the dcfigrr 
 "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 foon faw in the Houfe it would go againft 
 them, and therefore, before it was put to the vote, the Duke of Athole gave 
 in his proteft, as in the vote, together with the whole partv of oppofers, on 
 whatfoever principle they oppofed ; which proteft they had ready concerted 
 before, expedting, as was fuppofed, things would go as they did, and that they 
 fhould be overpowered in the Houfe. 
 
 I cannot 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 alfo the birth-day of that glorious Monarch-. 
 
 On the fame day, now a fecond time, the fate of Britain had a new turn, and 
 the fuccefs of that gave a plcafant prefage to many obterving people of the fu- 
 ture happy iffuc of the thing now in hand. 
 
 The gentlemen, who let flip no occafion to puzzle the debates of this mat- 
 ter, had now conceived great hopes of a broil among the Minifters, and were 
 exceeding bufy to fill the heads of fome of the gentlemen of the clergy with 
 jealoufies and difTatisfadtions; and yet I cannot fay they brought in the over- 
 ture at this time, though they were always forward to pufh on that fide too. 
 
 I cannot fay neither that they met with no encouragement here,, or that there 
 were no warm heads to be found in the commiffion, who, apter to take fire than 
 was to be wilhed, were more eafily gained ; but if there were any fuch, the 
 prudence and moderation of the reft of the commifllon fo overruled them, as 
 kept them from any precipitations, and contributed greatly to the general 
 fafety ; of which I have fpoken more largely in its place. 
 
 MI.NUTE
 
 334 MINUTES OF THE PARLIAMENT OF SCOTLANDi 
 
 MINUTE XVI. 
 
 Wednejday, November 6, 1706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 The Lord Chancellor moved, " That albeit he had no opportunity to vote for 
 " approving of the firfl article of Union ; yet he dcfired his name to be recorded, 
 " and to be printed with thofe who voted approve ;" and the fani-e was agreed to. 
 
 Addrefs of the Commiffioners to the general convention of the royal bo- 
 roughs, fubfcribed by the prefes of the convention, againfl concluding fuch an 
 incorporating Union, as is contained in the articles propofed, given in and read. 
 
 Then the following addreffes were given in, viz. Addrefs by barons, free- 
 holders, and others, within the lliire of Renfren, fubfcrlbing the fame; addrefs 
 by barons, freeholders, and others, within the fhire of Fife, fubfcrlbing the fame; 
 and an addrefs by the magiftrates of the burgh of Falkland, counfcllors and in- 
 habitants therein, and of heretors within the paroch thereof, fubfcrlbing the 
 fame; all againfl allowing of an incorporating Union, in the terms contained in 
 the articles, with England, and were all read. 
 
 And an addrefs by heretors, elders, and maflers of families, within the pa- 
 roch of Hamiltoun, fubfcribers of the fame, that no Union be haftily entered in- 
 to with England, alfo given in and read. 
 
 A&. for fecurity of the true Proteflant religion and government of the church, 
 as by law eflabliflied within this kingdom, again read, and a firfl reading or- 
 dered to be marked thereon. 
 
 Adjourned till Friday next at ten o'clock, 
 
 OBSERVATION XVL 
 
 The fatigue of the laft day was fo great, that both fides feemed, as It were, 
 to take breath ; and little was done to-day, except reading the Church aA. 
 
 My Lord Chancellor, like the fpeaker of the Houfc of Commons, having 
 no vote in the Houfe, unlefs on an ecpial divlfion, his Lordlhip's name could 
 not be printed In the llfl of names ; but his Lordfliip's zeal was always re- 
 markable in carrying on this Union; and. In this In particular, his Lordfliip was 
 refolved to let the world know he was not afhamed of the part he had taken in 
 this affair, and therefore moved very honourably to have his name printed 
 with the reft of the gentlemen who voted for the Union ; the lift of whom I 
 have put into the appendix to this work, becaufc the vote upon this article 
 I being
 
 WITH OBSERVATIONS THEREON. 335 
 
 being the main trial of (kill in the Houfe upon the Union in general; and 
 the Houic having or<dered them to be made public with the minutes, it may 
 not be amifs to let pofterity fee who and who were for or againft. 
 
 There were feveral other lifls printed upon the occafion of the following 
 votes, as per the rcfpeiftive minutes will appear, which I have, for want of 
 room, omitted : the prefent lift will be found marked — N. F x x. 
 
 MINUTE XVII. 
 Friday, November 8, 1706. 
 
 fraycrs faid. 
 
 Rolls called. 
 
 Reprelentation and petition of the commiffion of the general affembly of this, 
 chvirch, reprefenting feveral difficulties in relation to fome of the articles of 
 Union, and craving fuitable remedies, read. 
 
 Then the following addrefles were given in and read, viz. Addrefs of the in- 
 habitants of the paroch of Tulliallan, fubfcribing the fame ; addrefs of the ma- 
 giftrates, town-council, merchants, deacons of crafts, and other tradefmen and 
 inhabitants, within the burgh of Dumferling, fubfcribers of the fame; and an ad- 
 drefs by heretors, merchants, mafters of fhips, marines, and other inhabitants in 
 the town of Borrowftounnefs, fubfcribing the fame; all againft allowing of an 
 incorporating Union with England, upon the terms contained in the articles. 
 
 As alfo an addrefs of the inhabitants of the paroch of Blantyre, fubfcribers of 
 the fame ; and- an addrefs of heretors and commoners in the paroch of Avendale,. 
 fubfcribing the fame, that no Union be haftily entered into with England, were 
 likewifc given in and read. 
 
 Thereafter an aft for fecurity of the true Proteftant religion and government 
 of the church, as by law eftabliflied within this kingdom, was again read. 
 
 Moved, •' That the confideration of the faid adl be delayed till wf^t Jederunt " 
 
 Moved alfo, " That the Parliament proceed to the confideration of the adt 
 '' for a fupply." 
 
 And after fome reafonings on thefe motions, It was agreed to lay afide the acft 
 for fecurity of the Proteftant religion and church government for this /ederunt, 
 and to proceed to the aft for a fupply ; and accordingly the aft for a fupply was 
 again read. 
 
 And it was agreed, that a fupply of eight months cefs fhould be granted to Her 
 Majefty for the ends and ufes mentioned in the aft, extending to five hundred 
 
 and
 
 363 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 and feventy-feven ihoufand fixty-fix pounds thirteen fliillings and four pennies, 
 and that it fhould be payable at the terms following, viz. one month's fupply 
 the tenth of December for Martinmafs next, one month and a half month's fup- 
 ply at Candlemafs one thoufand feven hundred and feven, one month and a half 
 at Whitfunday, one month and a half at Lambmafs, one month and a half at 
 Martinmafs the faid year, and one month's fupply at Candlemafs one thoufand 
 feven hundred and eight. 
 
 Moved, " That, in place of the retention of a twelfth part of annual rents al- 
 *' lowed by the above aft for a fupply, there be an allowance granted for reten- 
 *' tion of a fixth part of annual rents ;" and after fome reafoning thereupon, it 
 was put to the vote, " Approve of the article an^nt the retention, or aijicnd ;" 
 and it carried " Approve." ^ 
 
 And after fome amendments, the adl was voted and approved. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XVIL 
 
 1 have already given an account of the birth of this paper, called The Re- 
 prefenlation and Petition, and the feveral difficulties it met with in the com- 
 miffion of the affembly, and which, fome have faid, was a reafon why it met 
 with lefs encouragement in the Parliament than was expected ; but it may 
 be worth notice, that notwithftanding it did not meet with a very kind recep- 
 tion, fome of the gentlemen having been difobliged in the cafe of their pro- 
 tefl, yet the Houfe did not wholly omit the things defired in it. 
 
 Some of the gentlemen, who, as ruling elders, had protefted in the com- 
 miffion, had, it feems, met with fome perfonal reflections from the rafhnefs 
 of fome members ; that was difobliging enough, and upon which they had 
 withdrawn themfelves from the commiffion, and feldom, if at all, came there 
 any more during the whole fitting; and though the rafhnefs of the perfons 
 who gave thofe reflections was not approved by the commiffion, yet it ftuck 
 a little too clofs with fome people, and, it was thought, made them lefs care- 
 ful of the application made by the Minilters in this cafe. 
 
 Upon the receiving the reprefentation or petition into the Houfe, there were 
 no debates of any confcqucnce, it was only read ; and the adt of Security be- 
 ing as per the minutes adjourned, the other lay by of courfc. 
 
 The money bill now came on ; and as the other party thought the fpceding 
 of it might be a ftep to put an end to the fcffion, they all came Into it, and 
 gave it all the difpatch poffiblc. • 
 
 It
 
 WITH OBSERVATIONS THF.REON. 337 
 
 It was apparent, that in order 10 break up this treaty, the gentlemen fliidied 
 all poflihlc methods to raifc the Parliament : this they could never have done 
 while the funds remained unfettled, becaufe it being a thing of fuch confe- 
 qucnce to the kingdom, the whole country would have laid it at their door, 
 and the Queen would have had the higheO: affront put upon both her pcrfon 
 and government imaginable ; and therefore this was one of the firft things 
 they pufhed at, and that made it pafs immediately with no oppofition at all, 
 thofc gentlemen complying wixh it, as it was removing an obftruftion to their 
 general defign. 
 
 MINUTE XVIII. 
 
 Saturday^ November 9, 1706. 
 
 Prayers fald. 
 
 Rolls called. 
 
 The adl for fupply was touched with the fcepter by Her Majcfty's High 
 Commiflioner In the ufual manner. 
 
 Thereafter the following addreffes were given in and read, viz. Addrefs b^ 
 the provoft, bailiffs, town-council, and burgeffes, of the burgh of Forfar, fub- 
 fcribing the fame ; addrefs of heretors and commons in the paroch of Cambuf- 
 nethan, fubfcribing the fiune; addrefs of the heretors, elders, and heads of fa- 
 milies, of the paroch of Cambullang, fubfcribers of the fame ; addrefs by here- 
 tors, fcffion and inhabitants, of the paroch of Kilbryde, fubfcribing the fame ; 
 addrefs of the heretors, elders, and mafters of families, in the paroch of Both- 
 vvel, fubfcribing the fame; and an addrefs by heretors and commons, in the pa- 
 roch of Old Munkland, fubfcribing the fame : all againft entering into an Unioa 
 with England in the terms of the articles. 
 
 Thereafter the ad: for Security of the true Proteftant religion and govern- 
 ment of the Church, as by law eftablilhed, within this kingdom, was again 
 read ; and upon reading the firft claufe thereof, it was moved, " That there 
 *' flioukl be a particular enumeration made of all the ads in favour of the kirk ;" 
 and after fome reafoning thereon, the vote was ftated, " Approve of the claufe 
 " as it ftands, or amend and enumerate the ads ;" and it carried " Approve." 
 
 Then the fecond claufe of the faid ad was read and agreed to. 
 
 And upon reading the third claufe, it was moved, " That an additional claufe 
 " be added for fecuring the continuance of the univerfities and colleges of this 
 *' kingdom ;" and thereupon an amendment being made in thir terms, " That the 
 ** univerfities and colleges of this kingdom, viz. of St. Andrews, Glafgow, Abcr- 
 
 X X " deen.
 
 338 MINUTES OF THEfPARLIAMENT OF SCOTLAND, 
 
 " deen, and Edinburgh, as now eftablilhed by law, fhall continue wit'iinthis 
 *' kingdom for ever :" after fome debate thereupon, the vote was put, " Approve 
 *' of the claufe as amended, or not ;" and it carried " Approve." 
 Adjourned till Tucfday next at ten o'clock. 
 
 OBSERVATION XVIII. 
 
 The amendments here made to the aft for fecurity of the church, make it 
 evident, that the Parliament did not flightly pafs over that affair, as fome peo- 
 ple pretended they would do, though they did not enter into the debate of 
 the infufficiency which fome offered, as things which tended not to amend- 
 ments of the aft as it was offered, but to a rupture of the debate ; for the peo- 
 ple who offered at the infufficiency of the aft went upon this foot; not that 
 this overture or aft was an infufficient fecurity, but that really the Union with 
 England, as an eplfcopal nation, was inconfiftent with the fafety of the 
 church of Scotland ; and that not this aft only was, but any other aft that 
 could be made, would be infufficient to fecure the church of Scotland. 
 
 This appeared to be the plain defign, in that, as I have already noted, the 
 gentlemen that fpokc loudeft for the infufficiency of the aft of Security, 
 were not of thofe people who really were moft concerned for the fafety of 
 the church of Scotland ; the objeftions alfo were not calculated for amend- 
 ments or additions, but for deftroying the bill itfelf, as built on the fuppofi- 
 tion of an Union, which, they faid, was a foundation that would not bear fuch 
 a fuperftrufture : and though fome well-meaning men too were of opinion 
 that the church of Scotland could not really be fafe in an Union with England, 
 yet thefe gentlemen, as is noted, applying it purely as an obftacle to the Union, 
 and as a thing, by which means they hoped to render the Union univerfally 
 odious and terrible to the people. 
 
 And this will be more apparent from the proteft entered into, after all the 
 claufes were read, and after all amendments that could be rcafonably defired, 
 were agreed to, as will appear in the next day's minute. 
 
 MINUTE
 
 WITH OBSERVATIONS THEREON. 339 
 
 MINUTE XIX. 
 
 Tuefday, November 12, 1706. 
 Prayers faid. 
 
 Rolls called. 
 
 The following addrcffes were given in and read, viz. Addrefs of the mawir. 
 trates, town- council, merchants, deacons of crafts, and other inhabitants within 
 the burgh of Crail, fubfcribing the fame ; addrefs of heretors and commons in 
 the paroch of Eafter-Munkland, fubfcribers of the fame ; addrefs of heretors and 
 commoners in the paroch of Shotts, fubfcribing the fame ; addrefs of heretors 
 and commoners of the paroch of Dalfcrf, fubfcribing the fame; addrefs of he- 
 retors and commoners in the paroch of Stenhoufe, fubfcribers of the fame ; 
 addrefs of a body of people in the fouth and weftern Ihires, fubfcribed by Mr. 
 John Hepburn and other fcvcn perfons ; and an addrefs of the magiftrates, 
 town-council, and other inhahitants of the burgh of Kircudbright, fubfcribers 
 of the fame; all agalnft allowing an Union with England in the terms of the 
 articles. 
 
 Thereafter the Parliament proceeded to the farther confideratlon of the aft 
 for fecurity of the true Proteftant religion, and government of the church as by 
 law eftablilhed within this kingdom, and the fourth claufe thereof again read ; 
 whereupon it was moved that a claufe Ihould be added in thir terms, " And 
 *' that they fhall be capable of any office, civil or militar}', and to receive any 
 ** grant, gift or right, and to have command or place of trufl from and under 
 *' the Sovereign within any part of Great Britain :" and after debate thereupon, 
 it was put to the vote, " Add the above claufe, or not ;" and It carried " Not." 
 And the clavife as it flood in the draught of the adt agreed to. 
 
 Then the fifth claufe of the ad: was alfo read, and agreed to, with fomc 
 amendments. 
 
 And the next claufe being again read and amended, was likewife agreed to. 
 
 Whereupon the whole a<ft was again read, as alfo the laft reprefentation and 
 petition of the Commiffion of the General Aflembly of the Church, and a vote 
 was thereupon ftated, " Approve the adt, or not." 
 
 But before voting, the Lord Bellhaven gave in a proteftation In thir terms : 
 *' That he did proteft in his own name, and in name of all thofe who fhall adhere 
 " to him, that this a£t is no valid fecurity to the church of Scotland, as It is 
 " now eftabllfhed by law, in cafe of an Incorporating Union, and that the 
 *' church of Scotland can have no real and folid fecurity by any manner of 
 " Union, by which the Claim of Right is unhinged, our Parliament Incorpo- 
 '-' rated, and our diflindt foverelgnty and independency abolifhed ;" which being 
 read, he took inflruments thereupon : and the Duke of Hamilton, the Duke of 
 
 X X 2 Athole,
 
 340 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Athole, the Marquis of Annandale, the Earl of Errol, the Earl Marifchal, the 
 Earl of Wigtoun, the Earl of Selkirk, the Earl of Kincardine, the Vifcounts 
 of Scormount and Kilfyth, the Lord Oliphant, the Lord Blantyre, the Lord 
 Colvil, the Lord Kinnaird, Andrew Fletcher, of Saltoun ; John Brifbane, youn- 
 ger, of Bifhoptoun ; Mr. William Cochran, of Kilmaronock ; Sir Humphrey 
 Colquhoun, of Lufs ; Robert RoUo, of Powhoufe ; John Murray, of Strowan ; 
 Francis Molifon, Mr. John Carruthers, and George Home, adhered thereto. 
 
 Moved, " That all the members fliould be marked, as they fhould approve 
 " the adt or nor, and alfo as they Ihould adhere to the proteft, and that the lift 
 " of the members, as they fliall vote pro or con, fliall be printed and agreed to." 
 
 Then the vote was put, " Approve, or not ;" and it carried " Approve." 
 
 Aiijourncd till Thurfday next at ten o'clock. 
 
 OBSERVATION XIX. 
 
 The reading of the adt of Security having been begun laft day, feveral 
 amendments were offered, fuch as, firft, the enumerating the ads of Parlia- 
 ment upon which it was grounded ; this admitted no long debates ; if it had 
 had any fignification, it would have been granted, but it was generally cf- 
 teemcd a thing of no value, merely unneceffary and trifling, and as fuch was 
 vejedted : The reafon given was, becaufe one adt is particularly fpecified to 
 be ratified by this treaty, to wit, the 4th aft of the ift Parliament of King 
 William and Queen Mary, intitled, " An aft ratifying the confeffion of 
 " faith, and fettling Prefbyterian church government ;" and then it mentions, 
 " With the hail other adts relating thereunto," which was thought fufficient 
 and full enough. 
 
 The next amendment was for the colleges, which was found reafonablc, 
 and was hinted by fome, who had, not without juft caufe, obferved how 
 much the fchools of the Diflenters in England are regretted by fome people, 
 v.'ho envy the incrcafe of their number ; and this therefore, as a moft rea- 
 fonablc demand, was immediately agreed to by the Parliament, and is made 
 part of the aft, as will appear by the draught of the bill. 
 
 The fourth claufe had an objeftion of greater moment depending on it, 
 which caufcd long debates, and was built on a foundation, however plavifiblc 
 and juft in itfclf, had yet fuch a known impoffibility before it, morally 
 •fpeaking, as that no fmall hopes were conceived from it, that it would fhock 
 the whole treaty. 
 
 All men know, that in England, by the Teft Aft, as it is called, all pcr- 
 fons that obtain any office, civil or military, <Scc. are obliged to take the fa- 
 cramenr, according to the ufage of the church of England, and to bring 
 certificates, &c. of the fame, under pain of incapacity, among other penalties : 
 
 Now
 
 WITH OBSERVATIONS THEREON. 341 
 
 Now It was a moft plaufible argument, that, it" the fubiccfls of both kingdoms 
 wore to enjoy equal privileges, the lubjeds of Scotland taking the facramcnt 
 in the national church of Scotland, ought to be as capable of places or offices, 
 &c. as the fubjedts of England taking the facrament in the national church 
 of England. 
 
 Nor was this matter carried a little way, but became the fubjecft of infinite 
 difcontcnts without doors, and of long difputes within ; it was fuggcfled and 
 printed too, by the fame author, of whom mention is already made, as 
 writing againtt the Union, That all the members of Parliament in England 
 were obliged to take the facrament before they could fit in the Houfe, but 
 this, as falfe in faift, was crufhed at firlf, feveral accounts being given of 
 its being quite othcrwife ; but then this claufe coming in upon the neck of 
 that furmife, it was thought a popular argument, and indeed was fo : And 
 the people began to be very uneafy about it, faid the Parliament would give 
 up all to the Englilli ; that this was fo fair a thing, it could not be argued 
 againfl ; and indeed a great many people looked upon the thing, viz. taking 
 of the Englifh Teft, as what they wiflied carncftly enough to have done ; 
 but the more penetrating judgements faw farther into the depth of this ; and 
 finding it a defign purely ftriking at the root of the Union, they were the 
 rather inclined to drop it, though they at the time defired it ; the difficulty 
 lying in this, that the facramental Teft being a thing the Englifh Parliament 
 have been very tenacious of, upon all occafions, this would be to alk fomc- 
 fhing which they knew would not be granted, and confcqucntly put the 
 treaty to a ftop. i 
 
 Others again propofed a reciprocal teft to be placed in Scotland, to fccure 
 or exclude all fuch of the Englifh nation as would not acknowledge this 
 church, &c. The tenor of this was according to the following copy, which 
 they called a Formula : 
 
 " I A. B. do fwcar and declare, That the Prefbyterian government of 
 " this church is a lawful government, and that I ftiall neither diredlly nor 
 *' indirectly do any thing to the alteration thereof." 
 
 But this-alfo dropped of itfelf ; for fome people that were neverthelefs 
 againft the Union, jet were againft this fort of reciprocal oath, as a thing 
 they did not approve on any account, one or other. 
 
 There were fome fmall amendments to the fifth and fixth claufes, but nor 
 of confcquence ; and thus this difficult matter was paffed into a law. 
 
 There werfe fdme who clamoured very miKh on tliis head, and a great 
 many perfonal refieftioris w€re made, I will not fay, altogether without 
 caufe, viz. That the church was abandoned by her own friends, or at leaft 
 by thofe who pretended to be fo ; that, if they had afkcd more, it might have 
 
 beea
 
 34i MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 been obtained ; and that the demands the Minifters made, were not duly 
 weighed, much lefs anfvvered ; but yet it lecms, on the whole, that the main 
 foundation article, viz. the ellabliihment of the church government unalte- 
 rable, was effedtually fecured ; and though fome particulars might be omitted, 
 the church has no open place left, at which her enemies can wound her con- 
 IlituLion. 
 
 There were great clamours ralfed, both within and without the Houfe, 
 about the infufficiency of this Adt of Security, as that it was leflening the 
 fecurity the church already had by the Claim of Right, and not providing an 
 equivalent fecurity in the room of it ; that the very treating of it implied 
 a farther fecurity was needful, and yet no farther fecurity was provided than 
 alone confirming the Claim of Right. 
 
 This was the foundation of the propofal of the reciprocal teft, or an oath 
 to fecure the church of Scotland, in like manner as the Teft adt is for the fe- 
 curity of the church of England. Of which above. 
 
 Another objedlion was, that though indeed the adl of William and Mary 
 was confirmed, yet, that the a<ft declaring it to be high treafon to impugn 
 the Claim of Right was not confirmed, nor the other afts relating thereto 
 fpecified ; nor fome ancient obfolete adts taken away, which ftand unrepealed, 
 and which are inconfiflent with Prefbyterian government. 
 
 This was anfwered, particularly as to enumerating the afts as above, and 
 as to repealing the adls, the twenty-fifth article of the Union declares all adts 
 contravening this treaty to be, fo far as they do fo contravene this treaty, 
 ipfo fa£io repealed, &c. 
 
 Again it was objedted, that there was no provifion made for prevention of 
 mifchief to the church, for want of a commiffion or court for plantation of 
 kirks, and valuation of teinds, which is what the church will be in great 
 want of. 
 
 This was effedtually anfwered, by fettling an adl of Parliament, previous 
 to the Union, for the plantation of kirks, and valuation of teinds^ impowering 
 the Lords of Council and Seffion to judge, cognofce, and determine inall 
 affairs andcaufes whatfoever, which, by the laws and adls of Parliament of 
 this kingdom, were formerly referred to, and did pertain and belong to the 
 jurifdidtion and cognizance of the Commiflioners formerly appointed for that 
 effedt, as fully and freely in all refpcdts, as the faid Lords do or may in other 
 civil caufes. 
 
 The great and main objedtions were againfl the poflibility of either Church 
 or State being fecured fo by this treaty, as that a Britifh Parliament might 
 not overwhelm it again by plurality of voices, which is a fuppofcd confcnt. 
 
 I This,
 
 WITH OBSERVATIONS THEREON. 343 
 
 This, as the fame with the general objcftion againft the Union, was an- 
 fwered in the general terms of the Union, viz. that this was to remain unal- 
 terable for ever, and therefore could not be fuppofed to be temporary. 
 
 Upon the debate of thofe things it is plain, what I have fo often allcdged 
 . on thofe 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 
 obje<3:ion of the gentlemen did not fo much lie againft particular claufes, 
 though they thought fit to difputc their ground by inches thereto, but this 
 objeftion lay againft the general head, the Union, and they brought eveiy 
 head, as they went through them, to fhock diredtly with the whole treaty. 
 
 Thus in the protefl: given in here by the Lords diffenting, it is expreflly 
 fixid, that the church of Scotland (Can have no real and folid fecurity, by 
 any manner of Union, &c. as per the minute. 
 
 Alfo it is to be noted here, that the gentlemen of that fide were the firft 
 who moved to print the names of all thofe that voted to the firft article, 
 pro and con, which was thought at that time a day, an expofing the perfons 
 to the popular refentment, the tumults of the people beginning to be at that 
 time very high. 
 
 But the other party, who had agreed voluntarily to the faid printing of 
 names, took the advantage now, and moved. That the fame might be done 
 alfo in the vote about the church, by which the epifcopal party were brought 
 in, protefting in behalf of the church : the gentlemen would have avoided 
 it, but having been the firft in putting the like upon the other, they could not 
 fhun it : this expofed them very much, and opened the eyes of many of the 
 people, when they faw fuch people voting for the church, who never owned 
 the church in their lives ; and others voting againft the thing, who were 
 conftant members of the church, and had given conftant proof of their zeal 
 for the church's advantage. 
 
 And thus the Adt of Security was paft, and after engrofi'ed into the body of 
 the articles, as will appear by the aft of Parliament. 
 
 MINUTE XX. 
 
 ^hurjday^ November 14, 1706- 
 
 Prayers fald. 
 
 Rolls called. 
 
 The Lord Chancellor moved, " That albeit he had no opportunity to vote for 
 
 " approving the adt • For fecurity of the true Proteftant religion and govern- 
 
 "■ < ment of the church of Scotland as now by law eftabliftied ;' yet he defired 
 
 " his name to be recorded as an approver, and to be printed among thofe 
 
 ** voted approve j" and the fame was agreed to* 
 
 Then
 
 344 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Then the foUowuig addrefles were given in and read, viz. Addrcfs of the 
 parochiners of Covingtoun, Carftairs, and S3'montoun, fubfcribed by the fame; 
 addrefs of parochiners of Libertoun, Quothquan, and Dunfyrc, fubferibers of 
 the fame; addrefs of the magiftrates, gentlemen, heretors, burgelfes, and 
 inhabitants, within the burgh and paroch of Ruthcrglen, fubfcribing the fame; 
 addrefs of the parochiners of Carnwarth, fubferibers of the lame ; and an 
 addrefs of barons, heretors, and freeholders, within the fheriffdom of Lancrk, 
 fubferibers of the famen : all againft allowing an union with England in the 
 terms of the articles. 
 
 Thereafter the fecond article of the Union again read, whereupon a motion 
 was made in thir terms; " That before any vote upon the fecond article of 
 " Union, it be infert in the minutes as a. preliminary, that the agreeing to the 
 " fecond article of the treaty, in relation to the fucceffion to the crown of 
 " Great Britain, Ihali not be binding or have any effett, unlefs terms and con- 
 " ditlons of an union of the two kingdoms be finally adjufted and concluded, 
 " and an aft pafs thereupon in this Parliament ; and that the faid terms and 
 " conditions be alio agreed to and ratified by an ad: of the Parliament of 
 " England." 
 
 As alfo a refolve was given in in thir terms, viz. " Refolved, that this Houfe 
 *' will proceed to the confideration of the articles in the treaty which relate to 
 ♦' trade and taxes, before any of the other articles;" which being read. 
 
 After fome debate thereupon, the vote was ftated, " Proceed to the confi- 
 " deration of the fecond article of the Union in the terms of the above mo- 
 " tion," or " Proceed to the confideration of the fourth and other articles of 
 ** the treaty which relate to trade and taxes." 
 
 And before voting it was agreed, that the members fhould be marked as 
 thev. vote, and that the lift of their names ihould be printed accordingly. 
 
 Then the vote was put, " Proceed to the fecond article of union in the 
 *^>rerms of the preliminary motion," or, " Proceed to the fourth and other ar- 
 " tides ;" and It carried, " Proceed to the fecond article of Union. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XX. 
 
 The obfervations on this day are referred to the next, there being nothing 
 done but the vote to proceed. 
 
 The oppofitlon to this vote was in order, if poffible, to have delayed the 
 aftuirof the fuccelTion, to have kept the Jacobite party expeding, and con- 
 fequcntly adhering to them in the oppofitlon ; but they fell out quickly, as 
 will appear In the next minute. 
 
 ct MINUTE
 
 WITH OBSERVATIONS THEREON ^45 
 
 MINUTE XXI. 
 
 Friday, November 15, 1706. 
 !Prayers faid. 
 Rolls called. 
 Reprefentation and petition of the commifiion of the General AfTcmbly of 
 this church, reprefenting the increafe of popery, prophanity, and other ir- 
 regularities ; and craving the fame may be reftrained ; and that the fucceffion 
 to the crown may be eflablifhed in the Proteflant line, read, and remitted to 
 the Committee for examining the calculation of the equivalent, to confider of 
 proper methods of fuppreffing Popery, prophanity, and other irregularities • 
 aad for execution of the laws already made; and to confider what laws may be 
 farther neceflary for the effcdual fuppreffing thereof and preventing the fame. 
 
 Then the following addreffes were given in and read, viz. Addrefs of 
 merchants and trades of the city of Glafgow, fubfcribcrs of the fame- 
 addrefs of feuars, mafters of families, and other inhabitants of Corbels and 
 mure thereof, fubfcribing the fame ; addrefs of the pnrochiners of Big- 
 gar, fubfcribers of the fame ; and two feveral addreffes of Barons, he- 
 retors, and freeholders of the fhire of Lanerk, fubfcribino- the f ;me : all 
 againft allowing an union with England, in the terms of the articles. 
 
 Thereafter the fccond article of Union was again read, with the prelimi- 
 nary motion mentioned in the former day's minutes. 
 
 Wherupon it was moved " That the Parliament do proceed to fettle the 
 " fucceffion upon regulations and limitations in the terms of the refolve "ivea 
 *' in and narrated in the minutes of the fourth of November inftant, and not in 
 " the terms of the fecond article of Union." 
 
 !Moved alfo, " To addrefs Her Majelly, and to lay before her the condi- 
 " tion of the nation, and the great averfion in many perfons to an incorpora- 
 " ting Union with England ; and to acquaint Her Majefty, of the inclinations. 
 " and willingnefs to fettle the fucceffion in the Proteflant line, upon limita- 
 ** tions ; and in order thereto, that fome recefs be granted." 
 
 And after debate upoa thefe feveral motions, a vote was propofed, " Ap- 
 " prove of the fecond article of Union, in the terms of the preliminary mo- 
 " tion inferted in the former day's minutes or not." 
 
 And after fome furder debate, there was a fecond ftate of a vote offered in 
 thefe terms, " Addrefs or not." 
 
 And after fome reafoning, which of the two Ihould be the ftate of the Vote, 
 it was put to the vote^ " Whether firft or fecond;" and It carried, « Firft." 
 
 Y y But
 
 346 MINUTES OF THE FARLIATvIENT OF SCOTLAND, 
 
 But k being moved, '' That fome farther rcafonuig fliould be allovvcd, be- 
 ** fore the vote were ftatcd for approving the fccoud article of Union :" after 
 fome debate thereupon, it was agreed, that the Engfifl-i adls of Parliament 
 mentioned in the fecond article of Union be read, and that inmiediately there- 
 after, without, farther debate, a vote fliould be ftated, " Proceed to call the 
 " vote for approving the fecond article of Union, or delay ;" and it carried, 
 " Proceed ;" that the vote immediately thereafter, without any intervening 
 debate, be put, " Approve of the fecond article of Union, in the terms of the 
 *' preliminary motion mentioned in the laft day's minutes, or not." 
 
 And accordingly the a<5ts of the Englifli Parliament mentioned in the fecond 
 article of Union were read. 
 
 Thereafter the vote was pur, " Proceed to call the vote for approving the 
 " faid fecond article of Union, or delay ;" and it carried, " Proceed." 
 
 Then the vote was put, " Approve the fecond article of Union in the terms 
 " of the preliminary motion infert in the laft days minutes, yea or not." 
 
 But betore voting, the Earl Marifchal gave in the fo'lov>-ing proteft; whereby 
 he did proteft for himfelf, and all thofe who lliall adhere to this proteflation, 
 " That no perfon can be defigncd a fucccllor to the crown of this realm, af- 
 " ter the deccafe of Her Majefty (whom God long preferve) and failzieing 
 " heirs of her body, who is fucceflbr to the crown of England ; unlefs, that 
 " in this prefent feffion of Parliament, or any other fcflion of this or any en- 
 " fuing Parliament during Her Majeftv's reign, there be fuch conditions of 
 " government fettled and enafted, as mav fecure the honour and fovereignty 
 " of this crown and kingdom •, the freedom, frcquencv, and power of Parlia- 
 " mcnt ; the religion, liberty, and trade of the nation, from Englifli or any 
 " foreign influence." Which being read, he took inflruments thereupon; and 
 the Dukes of Hamilton and Athole, the Earls of Errol, Marifchal, Wigcoun, 
 and Strathmoie; the Vifcounts of Stormont, and Kilfyth, the Lords Saltoun, 
 Semple, Oliphant, Balmerino, Blantyre, Bargany, Colvil,and Kinnaird; George 
 Lockhart, of Carnwarth ; Andrew Fletcher, of Saltoun ; Mr. Alexander 
 Fcrgufon, of Ifle ; John BrilLain, younger, of Bifhoptoun ; Mr. William Coch- 
 ran, of Kilmaronock; John Grahame, of Killairn ; James Grahame, of Buck- 
 lyvie ; Robert Rollo, of Powhoufc ; John Murray, of Strowan ; James More, of 
 Stonyvvood ; Mr. Thomas Hope, of Rankeilor; Mr. Patrick Lyon, ofAuch- 
 tcrhoufe ; Mr. James Carnegie, of Phinhaven ; Davitl Grahame, younger, of 
 .Fintrie ; James Ogilvie, younger, of Boyn; James Sinclair, of Stempfler ; 
 Mr. George Mackenzie, of Lichcoulter ; Alexander Edgar, James Ofwald, 
 Alexander Duff, Francis MoUifon, George Smith, Robert Scot, Robert Kellie, 
 John Hutchifun, Archibald ShicUs, Mr. John Lyon, Mr. John Carruthers, 
 George Llome, John Baine, and Mr. Robert Frazer, adhered thereto. 
 
 And
 
 WITH OBSERVATIONS THEREON. 
 
 347 
 
 And it was agreed, that the members fhall be marked as they fhall adhere to 
 the proteft ; and alfo as they fhall vote approve or not, and the lift of the mem- 
 bers' names as they fliall 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 re- 
 corded as an approver; as alio to be recorded and printed amongft thofe who 
 voted, " Proceed to the fecond article the laft Jederunt," 
 
 Adjourned till Monday next at ten o'clock. ' 
 
 OBSERVATON XXI. 
 
 The debates of this day made yet a larger dlfcovery of the affair ; and the 
 gentlemen who were againft the Union flruggling, on all occafions, againft the 
 going on of the articles, took now a new mcafure. 
 
 The Marquis of Annandale made this motion for the fuccellion, as ap- 
 peared by the Lord Beilhaven's fpeech : there had been a party of gentle- 
 men, as was before obferved, who were always for the fucceffion with limita- 
 tions, but were oppoicd by others who were entirely againft the fucceffion at 
 all, as it rcfpeftcd thcHoufe of Hanover : but as feveral people differing in 
 their other fentiments, yet joined in their oppofing the Union, fo here the 
 ftrongeft oppofers of the fucceffion came now into the thing they had fo long 
 oppofed, and moved now for the fucceffion with limitations, in order to 
 avoid the Union. 
 
 My Lord Bcilhaven fcconded this with another fpeech, which was after- 
 ward printed j in which his Lordfliip moved for fettling the fucceffion upon 
 the Princefs Sophia of Hanover, &c. I have printed this fpeech the rather, 
 becaufe it is really the fubftance or recital of three fpeeches, as will be feen in 
 the particulars of it, and fliews plainer than I can otherwife expreis, how that 
 part was a(fted, 
 
 " My Lord Chancellor, 
 
 " Your Lordffiip may remember the laft day, when we had under confidera- 
 " tion, whether to proceed to the fourth or fecond article, that I did witnefs 
 " my concern and refentment, to find fo many honourable and worthy mem- 
 " bers of this Houfe fo forward to finifh the demands of England in this trea- 
 *' ty, without taking notice of any one article that could be properly faid to 
 ** relate to the demands of Scotland. 
 
 ** Now that we are entered upon the fecond article, I defire to be refolved. 
 ** in one queftion : What are the motives that fhould engage us to take Eng- 
 ** land's fucceffion upon their own terms ? Is it not ftrange that no anfwer 
 
 Y y 2, fliould
 
 348 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " fhould be given to this queflion, fave that. When you come to confidef 
 ** the reft of the articles, you fliall be fatisfied on that demand. This is a 
 *' new way of arguing, my Lord ; a method without precedent, ranverfing 
 " nature, and looks more like dcfign that fair dealing. I profefs I think 
 *' the huge and prodigious rains that we have had of late, have either drowned 
 ^' out, or found out another channel for reafoning, than what was formerly ; 
 " for by what I can fee by this new method, the agreeing to the firft article 
 " fhall be found a fufficicnt reafon why we fliould agree to the fecond, and 
 " the agreeing to the fecond for the third, and lo ibr all. 
 
 " If there was ever fuch a farce adted ; if ever reafon was Hudibrafed, 
 " this is the time ; confulr all the treaties fince the beginning of the world 
 " to this day, and if you can find any one precedent, I fhall yield the 
 " caufe. 
 
 " I fhall inftance, my Lord, one for all, and that is, the flrft and worft 
 *' treaty that ever was fet on foot for mankind ; and yet, I am forry to fay it, 
 there appears more ingenuity in it than in our procedure. When the Ser- 
 pent did deceive our mother Eve, he propofed three advantages before h« 
 prefumcd to advife her to eat the forbidden fruit : the firft was taken from 
 the fight, the fecond from the tafie, and the third from the advantage fol- 
 lowing thereupon. That from the fight was enforced by a ' Behold, how 
 lovely and comely a thing it is ! it's pleafant to the eye.' That from the 
 tafte, from a perfuafion that it was good for nourifhment ; ' It's good for 
 food.' That from the advantage, ' It will make you wife, ye fhall be as the 
 gods ; therefore, upon all thefe confiderations, eat.' 
 
 " Allow me, my Lord, to run the parallel of this with relation to our pro- 
 " cedure in this treaty. 
 
 " Upon the firfl account that our nation had of the treaty's being finifhed 
 '* betwixt the two nations, people appeared all generally very well fatisfied, 
 " as a thing that would tend to the removal of all jealoufies, and the fet- 
 " tling a good underftanding betwixt the two kingdoms : but fo foon as the 
 *' articles of the treaty appeared in print, the very fight of them made fuch 
 " a change as is almoft inconceivable ; they v/ere fo far from being plea- 
 fant to the eye, my Lord, that the nation appears to abhor them. 
 
 One would think, my Lord, that it had been the interefl; of thofe who 
 " arc fatisfied with the thing, to have gone immediately into the merits of 
 " thefe particular articles which relate to Scotland, and to have faid, Gen- 
 " tlemen, be not affrighted with their ugly fhape, they are better than they 
 " are bonny ; come, tafte ; come, make a narrow fearch and incjuiry ; they are 
 
 good 

 
 WITH OBSERVATIONS THEREON. 349 
 
 " good for Scotland ; the wholefomefl food that a decaying nation can take : 
 " You fhall find tl;e advantages, you fliall find a change of condition, you 
 " fliall become rich immediately ; you fhall be like the Englilh, the moil 
 " flourifhing and the richcft people of the univcrfc. 
 
 " But our procedure, my Lord, hath been very far from the prudence of 
 " the Serpent ; for all our arguments have run upon this blunt topic, Eat, 
 " fwallow down this incorporating Union ; though it pleafe r.elrhcr eye nor 
 " tafte, it muft go over : you mull believe your phyficians, and we fliall con- 
 " fider the reafons for it afterwards. 
 
 " I wifli, my Lord, that our lofs be not in fome fmall manner proportion- 
 " able to that of our firft parents; they thought to have been incorporate with 
 " the gods : but in place of that, they were juftly expelled paradife, loft 
 " their fovereignty over the creatures, and were forced to earn their bread 
 " with the fweat of their brows. 
 
 " My Lord Chancellor, I have heard a propofal made from the other fide 
 " by the Marquis of Annandale; that, in place of agreeing to this fecond 
 " article, wherein the fucceffion is to be declared, as a confequence of our 
 " being united to England in one kingdom, we fliould immediately go to 
 . " intail our crown upon the illuftrious family of Hanover, upon fuch condi- 
 *' tions and limitations as are in our own power to make, for the fecurity of our 
 *' facred and civil concerns. I think this is the import of what his Lordfhip 
 " gave in, by a refolve formerly, and hath told tkis honourable Houfe, that 
 " he thinks he adls confequentially to his former declared principles, and 
 *' that this is now the only meafure which can fettle and fecurc the peace and 
 " quiet of this nation, and fix a firm fecurity for the Protcftant intereft, and 
 " a perfed: underftanding betwixt the two nations. 
 
 " I have alfo heard a difcourfe by his Grace the Duke of Hamilton, 
 
 *' fliewing, that ever fince his Grace had the honour to be a member of this 
 
 ** honourable Houfe, he had made it his bufinefs to ferve the Sovereio-n and 
 
 t> 
 
 " his Nation faithfully and honcllly, without any by-ends, by-views, or 
 " felf-interefts ; that before the affair of the fucceffion was tabled in Scot- 
 *' laud, he had endeavoured to promote the intereft of his nation, by good 
 " laws, and by the beft counfels he was capable to give, for reftifyingthino-s 
 " amifs, and advancing the folid intereft of his country ; that fince the affair 
 " of the fucceffion came to be confidered, he could never give himfelf the H- 
 " berty to believe, but that previous to any fettlement, we ought to have 
 *' had fuch condefcenfions with relation to trade and commerce from Eng- 
 *' land, as might retrieve the loflTes the nation hath fuftained from them ever 
 *' fince the Union of the two Crowns under one Sovereign ; and that there- 
 upon,
 
 350 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " upon, to prevent all fadtlon and paity in the treating of an affair of fuch 
 " importance, he had freely left the nomination of the Lords Commiffioners 
 " to Her Majefty, and wilhes the choice had been anfwerable to his defign ; 
 " but none can accufehim as bargaining for himfelf, fince he has no reafon 
 " to complain of the breach of any ftipulation upon that head; that now 
 " having confidered the articles of this treaty lying befcu'e us, and the fatal 
 ** confequences that may follow upon thefinifliingof an incorporating Union 
 " with England, with the general averfation that appears by the addrefles 
 " from the feveral fliires of the kingdom, and particularly from the addrefs 
 *' of the Commiffion of the General Affembly, and of the royal boroughs of 
 " Scotland, he finds it neceffary to alter his thoughts of that matter; that 
 " he was none of thofe who loved to keep things loofe and in contufion : he 
 " had an eftate in both kingdoms, and therefore it was not to be fuppofed 
 " he would make ufe only of a treaty to throw out the fucceffion one time, 
 " and of the fucceffion to throw off the treaty another time. Therefore, 
 *' to prevent worfe confequences, he is content, that in this Parliament, the 
 " fucceffion be declared and fettled upon the illuftrious Princefs Sophia 
 " Eleftorefs of Hanover, and the heirs of her body, upon fuch conditions 
 " and limitations as fhall be found neceffary by this Parliament, to fecure 
 " our civil rights and liberties, the independency and fovereignty of the 
 ** nation, and the Prefbyterian government of this church, as it is founded 
 ** upon the Claim of Right, and eflablifhed by law, and whofe privileges 
 " and fettlement he refolves to fupport with the utmoft of his power. 
 
 " And therefore, his Grace thinks himfelf obliged, with all humility in 
 " this prefent junfture of affairs, to addrefs himfelf particularly to His Grace 
 ** my Lord Commiffioner, and to beg of His Grace, that he would be 
 *' pleafed to acquaint Her Majefty with the true ftate of the nation, and 
 " with the propofal made for allaying the prefent ferment, and fettling a 
 ** folid peace and good underftanding betwixt her two kingdoms, and that 
 *' a fmall rcccfs may be granted in the mean time, till Her Majefty's gracious 
 ** anfwer come, which, with all fubmiffion, he conceives will prevent thefe 
 
 bad confequences that the farther pufhing on of ,thi^.treaty may occafion. 
 ** I think, my Lord, this is materially what His Grace faid, though not fo 
 ** fully nor fo well expreffed. 
 
 *< Now, my Lord, it remains that I give account of myfelf, and of my 
 ** own opinion of this affair : All who know me, my Lord, know that I have 
 ** been from the beginning oh a revolution foot ; I ventured my life and for- 
 ** tune with the firft, and I have ever fince adted confequentially to my prin- 
 *• ciple. It's true, I was never a good courtier under any reign, becaufe I 
 
 had 
 
 ((
 
 WITH OBSERVATIONS THFRKON. -51 
 
 had a rule for my obedience, and never made obedience my rule ; mv re- 
 j-)utation was never gained, nor had I ever any reproach laid upon n\t, 
 lave when I was broughr in, head over ears, in a Scots plot, a plor, vcr\' 
 well known, defigncd to blafl the reputation of a let of people the beft 
 afiedted to the fovereign, and to the true intereit of their nation, that ever 
 Scotland bred. What my opinion was with relation to the fucceffion.is 
 very well known alio : I looked upon limitations with another eye than 
 fome others were pleafed to do ; I was far from treating them in ridicule ; 
 bccaufe, as all human affairs, they are liable to alterations, and might be 
 taken off: that argument proves too much, and confequcntly proves no- 
 thing at all. Should a man refufe to have a good cflate fettled upon him, 
 becaufe he may fquander it away, and become bankrupt ? Muft a good 
 law be refufed, becaufe it may afterwards be repealed ? No, my Lord. 
 Where the power is lodged in ourfelves, we have all human fecurlty ima- 
 ginable for the thing ; it is not lb, where the power is lodged in others : 
 therefore I flaall abvifc chufc that fecurity which depends upon myfelf, 
 preferable to any other. 
 
 " This, my Lord, hath confirmed me, that limitations of our own ma- 
 king is the beft fecurity ; though I alwife thought them not the full of 
 what we merited for the going into the Englifh fucccffion. For confidering 
 the injuries that we have received from them, wc ought to have- repara- 
 tion upon this ernergent : and I think, without incorporating with them, 
 they might have given us fome fmall encouragement in our trade with 
 them, which would have been profitable unto us, and no znanncr of way 
 prejudicial unto them, as I can clearly demonllrate if there be occafioa 
 for it. But fince this is not the proper place nor feafon for fuch propofiils, 
 I ffiall go in with the propofal made by the Marquis of Annandale, and 
 fortified by his Grace the Duke of Hamilton ; becaufe I think It is the 
 bell that we can tnake of it at this time, the fitted meafure to prevent 
 civil wars, allay the ferment of the nation, and far preferable to this in- 
 corporating Union, which, as to us, In all its claufes appears to be moft 
 unreafonable." 
 This was a politic fpecch ; there appeared fome 111 nature in it, and a 
 
 great deal of fatire upon the Union, but that was the temper of the times, 
 
 and muft be paffed over on that account ; nor fhall I fay any thing to it here ; 
 
 tlie noble perfon that made It acquiefced in the Union freely enough when it 
 
 it was made, as fliall appear in Its place. 
 
 But I cannot pals It over, without obferving, tliat this fpeech gives light 
 
 into fevcral ti.ings ; firft, it gives a hint at the fuggcftion that bad been made 
 
 of
 
 352 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 of the Duke of Hamilton's aiming at his own title in all his former oppofition 
 made againfl: the fucceffion, as well formerly as now, and clears that noble 
 perfon from all fuppofition of fuch a thing, by his having offered now to come 
 into the fuccefEon. 
 
 Secondly, it gives a true fight of the genuine reafon of all this fudden 
 compliance with the fucceffion, a thing which had fomething very furprifing 
 in it, and which, feme thought, mull: have prefently carried abundance of 
 people from the other party, the dcfign being, as was afterwards publicly 
 owned, if poffible, to evade the paffing this article, as a branch of the 
 Union. The cafe was, they were content with the fucceffion, as an adt of 
 the Parliament of Scotland, fettled and eftabllffied in the form neceffary in 
 that cafe : but they would not have the fucceffion brought upon them as the 
 confequence of the Union. 
 
 And at lafi:, they had this at the bottom of it all, That if the fucceffion 
 had been taken, as it was now offered, it muft have been taken inftead of the 
 Union, and that had anfwercd the prcfent occafion, viz. Diverting the grand 
 affair of the Union. 
 
 But they met with a double difappointment in this ; firft, as to offering the 
 fucceffion inftead of the Union, they came too late, fince the party who 
 v/ere for the fucceffion formerly with limitations, were now come into the 
 Union, as the beft fcheme of limitations they could ever hope to attain, and 
 would not go back, finding the Union a better fcheme of limitation than 
 their own, becaufe it entitled them to all the limitations already fettled in 
 England, which they could not but allow were more and better than any 
 they had propofed in Scotland, or than indeed they could expedt to obtain. 
 
 Secondly, they were difappointed in the way, for the Jacobites, who held 
 with them before in oppofing the Union, broke with them here, fince they 
 found themfelves abandoned by them in the main article for which they op- 
 pofed the Union, viz. The tranfpofing the Crown, as they called it, from: 
 the fon of the late King James ; and if they were obliged to quit the article 
 of the fucceffion, the reft was indifferent to them. 
 
 And therefore you find the proteft at the end of the vote of this day wa» 
 direftly againft the Union, though it was put in the ufual form, of the for- 
 mer article of limitations ; fo thefe things did but increafe the divifion, and 
 weaken the party that oppofed the Union, and by that means gave the more 
 room for thofe who were for the Union to carry it ; and thus the fccond' 
 article paffed, which concluded the fettlcment of the Proteftant fucceffion.. 
 And it was to be obfcrved, that the fettling this article was very fatisfaftory 
 lo abundance of people, who were otherwife not very well reconciled to the 
 
 at tneaty,.
 
 WITH OBSERVATIONS THEREON. 353 
 
 treat}'', and gave a handle to the friends of the Union, to bring fome people 
 to a clearer fight of their iutercft, fincc they might fee the Union was the 
 readieft way, and perhaps the only way, to obtain the Proteftant fucceflion, 
 and to fecure it upon the firmeft foundation, and on the bed limitations, a 
 thing which had been long wilhed, and very much ftruggled for before. 
 
 MINUTE XXIL 
 
 Monday, November 18, 1706. 
 
 Prayers faid. 
 
 • Rolls called. 
 
 Then the following addreflcs were given in and read, viz. Addrefs of ba- 
 rons, freeholders, and others within the flewartry of Kirkcudbright, fubfcribing 
 the fame ; addrefs of heretors and houfeholders of the paroch of Crawford, 
 fubfcribers of the fame , addrefs of heretors and houfliolders of the paroch of 
 Crawford-John, fubfcribing the fame ; addrefs of the magiftrates, dean of 
 guild, thefaurer, guild council, deacons of trades, members of the town 
 council of the burgh of Couper in Fife and others, gildry, trades, and bur- 
 gefles of the faid burgh, fubfcribers of the fame ; addrefs of the Preibytery of 
 Lanerk, fubfcribing the fame ; and an addrefs of heretors, elders, and matters 
 of families in the town and out-paroch of Lanerk, fubfcribers of the fame : 
 all againfl: 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 I'elation to the Parliament of Great Britain, fhall not be binding, 
 *' or have any effed:, unlefs terms and conditions of an Union of the two 
 *' kingdoms, and particularly the conftitution of the faid Parliament, be finally 
 *' adjufted and concluded, and an aft pafs thereupon in this prefent Parlia- 
 " ment, and that the faid terms and conditions be alfo agreed to, and ratified 
 *' by an adt of the Parliament of England, the conftitution of the faid Par- 
 *' liament of Great Britain being left entire, until the Parliament come upon 
 *' the twenty-fecond article." 
 
 Moved alfo, " To proceed to the confideration of the fourth and other ar- 
 ** tides of Union before the third." 
 
 Z z And
 
 3^4 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 And after fome reafoning thereupon, it was put to the vote, " Proceed to 
 *' the confideration of the third article in the terms of the above motion re- 
 " lating thereto, or proceed to the fourth article;" and it carried, " Proceed 
 " to the third." 
 
 And accordingly the Parliament proceeded to the confideration of the third 
 article ; and after long debate thereupon, a vote was ftated, " Approve of 
 " the third article in the terms of the above motion relating thereto, yea 
 " or not." 
 
 But before voting, the Marquis of Annandale gave in a proteft, upon the foot 
 of his former refolve prefented to this Houfc, and contained in the minute of 
 the 4th of November inftant, and craved that the narrative thereof might be 
 prefixed thereto, and which narrative and proteft is as follows, viz. 
 
 " Whereas it evidently appears, fince the printing, publifhing, and confider- 
 *' ing of the articles of treaty, now before this Houfe, this nation feems gene- 
 " rally averfe to this incorporating union, in the terms now before us, as fut- 
 " verfive of the fovereignty, fundamental conftitution, and Claim of Right 
 " of this kingdom, and as threatening ruin to this church as by law eftablifhed. 
 
 *' And fince it is plain, that if an Union were agreed to in thofe terms by this 
 " Parliament, and accepted of by the Parliament of England, it would in no 
 " fort anfwer the peaceable and friendly ends propofed by an Union ; but would 
 " on the contrair create fuch difmal diftradlions and animofities amongft our 
 •' fclves, and fuch jealoufies and miftakes betwixt us and our neighbours, as 
 *' would involve thefe nations into fatal breaches and confiifions. 
 
 " Therefore, I do proteft for my felf, and in name of all thofe who Ihall 
 " adhere to this my proteftation, That an incorporating Union of the Crown 
 '■' and kingdom of Scotland, with the crown and kingdom of England, and 
 " that both nations fhall- be reprefented by one and the fame Parliament, 
 " as contained in the articles of the treaty of Union, is contrair to the ho- 
 " nour, intereft, fundamental laws, and conftitutions of this kingdom; is a 
 " giving up of the fovereignty, the birthright of the peers, the rights and 
 " privileges of the barons and boroughs ; as is contrair to the Claim of Right, 
 " property, and liberty of the fubjeds, and third adit of Her Majefty's Par- 
 " liament, 1703, by which it is declared high treafon, in any of the fubje<fts 
 '* of this kingdom to quarrel, or endeavour by writing, malicious and ad- 
 " vifed fpeaking, or other open adt or deed, to alter or innovate the Claim of 
 " Right, or any article thereof : As alfo, that the fubjedts of this kingdom, 
 " by furrenderlng their Parliaments and fovereignty, are deprived 'of all fecu- 
 " rity, both with refpedt to fuch rights as are by the intended treaty ftipu- 
 " lated and agreed, and with rcfpcft to fuch other rights both ccclefiaftic and 
 " civil, as are by the fame treaty pretended to be rcferved to them. And 
 
 there-
 
 WITH OBSERVATIONS THEREON". 555 
 
 *' therefore, I do proteft, that this fhall not prejudge the being of future 
 *' Scots parliaments and conventions within the kingdom of Scotland, at no 
 *' time coming." 
 
 After reading whereof, he took inftruments thereupon, and it was agreed, 
 that, at calling the Rolls, the adherers to the above protefl fliould be fo 
 marked ; and alfo, that the hail members be marked as they fliall vote 
 *' Approve or not ;" and that a lift of their names, as they fliall vote pro or 
 con, fhall be printed. And the Lord Chancellor was allowed to have his name 
 printed and recorded 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, " Approve." 
 
 And the Dukes of Hamilton and Athole, the Earls of Errol, Marifchal, 
 Strathmore, and Selkirk ; the Vifcounts of Stormount, and Kilfyth ; the 
 Lords Saltoun, Semple, Oliphant, Balmerino, Blantyre, Bargany, Beilhaven, 
 Colvil, and Kinnaird; George Lockhart, of Carnwath ; Sir Jamas Foulis, of 
 Collingtoun ; Sir John Lauder, of Fountain-hall ; Andrew Fletcher, of Sal- 
 toun ; Sir Robert Sinclair of Longformacus ; Mr. Alexander Fergufon, of 
 Ifle ; John Brifbain, younger, of Bilhoptoun ; Mr. William Cochran, of Kil- 
 maronock ; James Grahame, of Bucklyvie ; Robert Rollo, of Powhoufe ; John 
 Murray, of Strowan ; James More, of Stonywood ; John Forbes, of Culloden ; 
 David Beaton, of Balfour; Major Henry Balfour, of Dunboog; Mr. Thomas 
 Hope, of Rankeilor; Mr. Patrick Lyon, of Auchterhoufe ; Mr. James Car- 
 negie, of Phinhaven ; David Grahame, younger, of Fintrie ; James Ogiivie, 
 younger, of Boyn ; Alexander M'Ghie, of Palgowan ; Mr. George Mackenzie, 
 of Inchcoulter ; Alexander Robertfon, Walter Stuart, Alexander Watfon, 
 Alexander Edgar, James Ofwald, Francis Mollifon, Robert Scot, Robert 
 Kellie, John Hutchifon, Archibald Shiells, Mr. John Lyon, Mr. John Car- 
 ruthers, George Home, John Baine, and Mr. Robert Frazer, adhered to the 
 proteft given in by the Marquis of Annandalc. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XXII. 
 
 The Parliament were all this while debating the generals of the treaty, 
 and therefore the debates were alfo in general. The work of this day was 
 not at all debating what number of members ihould be the proportion of 
 the Parliament, or how, or in what manner they fhould be chofen, and the 
 like; but whether Britain, as now to be united, fhould be reprefented by 
 one and the fame Parliament, yea or no. 
 
 The debates were very long upon this head ; and, as in other cafes, it 
 had for fome days taken up part of their time in reading the long addreffes 
 
 Z z 2 of
 
 ^56 ' MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 of fliires, burghs, and pariflics, againft the Union ; fo, on this day, there 
 were fomc very particular ones referved, and which feemed to be calculated 
 for the day, in which, according to the popular arguments of the time^ 
 the Union was called a furrendering the fovereignty of Scotland to the 
 Englifh. 
 
 I could ne\*er indeed fee any fchemes offered, or learn that t"here was any 
 fuch propofal, in what manner thofe that were for referving the Parliament 
 of Scotland, would have formed two feparate Parliaments in an united 
 kingdom ; fo that the debates of this day were not of what fhouid be, but 
 of what lliould not be; and the uniting the Parliament was objeifted againft, 
 but without offering an alternative of what they would have in the room 
 of it. 
 
 The principal arguments made ufe of in this day's debate were ; 
 
 1. That uniting the Parliament, was a(ftually giving up the conftitution 
 of Scotland. ' 
 
 2. That it wfiS fubjefting Scotland to England. 
 
 3. That it was dangerous to the church of Scotland, whofe government 
 ■Vvas to be fubjedlcd to a Parliament of epifcopal members. 
 
 4. That it was contrary to the national oath or covenant. 
 
 It is not my dcfign to make arguments of my own' in order to anfwer 
 them ; or to make this hiftory a difputc inftead of a relation of fadls : but 
 there having been fuch loud clamours againft the Union in general, and fuch 
 violent ftruggles againft it in Parliament, it may not be inconfiftent with an 
 hiftory, to relate the foundation, on either fide, which they afted upon ; and 
 as much of the argument on both fides, either within the Houfe or without, 
 as is ufeful to let the reader into a true undcrftanding of the tranfadlions of 
 this critical time; and for this reafon, I have divided this part into the mi- 
 nutes and obfervations ; the one is perfectly hiftorical, the other explanatory 
 of the particulars; and I hope 1 need make no more apology for the 
 method. 
 
 I. It was alledged, that this conjundllon of Parliaments was a giving up 
 the conftitutlon ; or, as It was frequently worded in their printed addrefles, 
 furrendering the fovereignty and independency of Scotland. 
 
 It was anfwcred. This was from a dcfedt in the common acceptation of 
 the word Union, as it was now treating of, and of its full extent, of the 
 Unions being general and univerfal; in which it was alledged, that the 
 Union now treating of was, in the utmoft poffible meaning of the word, 
 comprchenfive of every good to both ; exclufive of all manner of preference 
 or defparity of parts j abhorring all things injurious or diminifliing to either; 
 
 a full 
 
 1
 
 WITH OBSERVATIONS THEREON". 357 
 
 a full coalition ; a general incorporation of nations, of intercfts, of power, 
 and of fafety : a famenefs of circumftances and of fympathics; becoming 
 one and the fame body, with one and the fame head, life, foul, nutriment, 
 jwint, and period ; an Union of the very foul of the nation ; all its conftitu- 
 tion, cuftoms, trade, and manners, muft be blended together, digefted and 
 concodied for the mutual, united, undiflinguifhed good, growth, and health 
 of the one whole united body; and that all the fuggeftions of fubjeCting or 
 furrendering one part to another, were owing to the want of a right con- 
 ception both of the terms and of the thing deOgned by the tcrni 
 Union. 
 
 It was urged farther. That this extended fignification of the Union, ex- 
 excluded all poflibility of a feparation of interefts, or clafhing of proper- 
 tics ; and that mutual proteftion, mutual increafe, mutual improvements, 
 were the confcquences to be expecfled ; not from this or that circumftance, 
 policy, or management, but from the nature of the thing. 
 
 One may be fure thefe things were warmly argued within doors, when 
 without, the people were in the utmofl: fermentation, and the whole na- 
 tion fcemcd in an agony; the enemies of the Union went about bemoan- 
 ing Scotland, and fighing as they called it, for the dying conftitution ; and 
 a noble Lord within, ftanding up to make a fpeech on this occafion, being 
 flopped by the order of the day, faid, mournfully, it ^ as hard he could 
 not be allowed to fpeak one word for his dying country. Thefe, and the 
 like fpeeches had put people in the laft degree of concern. 
 
 The capital arguments made ufe of on this occafion, and made popular 
 againft vmiting the Parliaments, were fuch as thefe : 
 
 1. That whatever agreement is now concluded between the two king- 
 doms, will never be binding to the new Parliament. 
 
 2. That the two kingdoms effectually lulyedt themfelves to the new 
 Parliament, all the conditions flipulated on either fide to the contrary in any 
 wife notwithftanding. 
 
 To this it was anfwered. That the Britifh Parliament were abfolutcly 
 bound up by the ftipulations of this treaty ; that they being a fubfequent 
 power to the two refpeftivc Parliaments of either kingdom, had no thcr or 
 farther power to a&. than was limited them by the ftipulations of both 
 kingdoms. That all fubfequent 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 exprefs ftipulations between the two feparate 
 Parliaments of England and Scotland, cannot but be unalterably bound by 
 the conditions fo ftipulated, and upon which it received its being, name, 
 2. and
 
 353 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 and authority. The foundation of a Britilh Parliament is this treatv ; to far 
 they will not be bound by it, is to fay, they will pull therafelves up by the 
 roots ; they die when the Union receives any mortal wound ; they cannot 
 infringe one article of the Union ; they cannot put a queflion in the Houfe 
 upon any one article. 
 
 As to the objection, That there was a furrender of fovereignty and confti- 
 tution, and delivering Scotland, bound hand and foot, into the abfolutc 
 difpofal of the Englifh, 
 
 This was anfwered by way of queflion and anfwer, among other things, 
 thus : 
 
 " Q^ What is it conjlitutes the Parliament of Britain ? 
 " A. The Union. Let any man give another anfwer to it if he can. 
 " Q^ How is it cenjUtuted ? 
 
 " A. By treaty between two nations, by their heads and reprefentativcs, 
 " viz. the Queen and Parliament of each kingdom. 
 " Q^ How do they bring it to pafs ? 
 
 *' A. By mutual altering their refpeftive conftitutions, and forming one 
 *' general conftitution upon a treaty of equalities and equivalents, the flipu- 
 " lations of which treaty are agreed to by the conftituent parts of the fubfe- 
 " quent body. 
 
 " Q^ Upon zvhat right doth the prefent refpe5live Parliaments depend ? 
 ' " A. The natural right of the freeholders of both kingdoms, which in- 
 " titles them, by the poflefEon of their lands, to have the free exercife and 
 " power of making the laws by which they are to be governed. 
 " Q^ "Does this nezv conjlitution deftroy that right ? 
 
 *' A. Not at all ; but referving that right, which indeed it cannot deflroy, 
 " agrees to limit the exercife of it by fuch and fuch forms, and on fuch and 
 " fuch conditions ; which conditions are the limitations of the power of the 
 " new Parliament, as being the adt and deed of the old Parliaments, whofe 
 " conftitution was founded on original right." 
 
 The next popular argument, and which took up much of the debates of this 
 day, was, " That the Parliament had not a power to go into this Union?" 
 Or, as it was worded in the public addreiies, " That it is not in the power 
 " of the Scots government to conclude fuch an Union, without a manifcft 
 *' violation of truft, and without doing a manifcft ad: of injuftice, oppreffion, 
 *■'■ and ufurpation, againft the fundamental rights and liberties of this free 
 " kingdom :" and this was the fubftance of moft of the addreflcs prc- 
 fcntcd to the Parliament. 
 
 This
 
 WITH OBSERVATIONS THEREON. 359 
 
 This was anfwcred by inquiring into the right Parliaments bad to leflen, 
 enlarge, or limit the reprefcntative ; of which, when the number of mem- 
 bers comes to be treated of. 
 
 The lalt argument, and which indeed was made more ufe of without 
 doors than within, was the danger to the church government of Scotland, 
 by the uniting the reprefcntative; in which it was argued, 
 
 1. That the Britifh Parliament being chiefly compofed of perfons of 
 another communion, might, whenever they pleafed, by a majority of votes, 
 overpowering the Scots, overthrow their church, introduce epifcopacy,^ and 
 reduce the Prcfbytcrians to a toleration, or perhaps worfe. 
 
 2. That there being twenty-fix Englifh Bifliops fitting in the Houfe 
 of Peers, and who were by this treaty to continue fitting there ; this was 
 fubjed:ing Scotland, in all its future laws, to the fuffrage of Bifliops ; and by 
 confenting to the treaty in which they were efi^ablifhed, it was recognizino- 
 and efliablifliing epifcopacy, which was to involve the kingdom of Scot- 
 land in national perjury; ihey being obliged by the national Covenant, ne- 
 
 ' ver to fubjedt themfelves to epifcopacy, but to their power to reform the 
 churches of both kingdoms. 
 
 Thefe fuggefl:ions, indeed, had but too much fuccefs abroad, and were 
 the principal fubjedt of the feveral addreflTes, fome of which the reader 
 may fee in the appendix, as a fample of the reft. 
 
 The arguments had their particular anfwers, too long to infert here, and 
 are touched in another part of this work ; the general anfwer is contained 
 in the former paragraphs, viz. the obligation of the future Parliament to the 
 exaft obfervation of the treaty, in which the fecurity of the church of 
 Scotland was particularly provided for, and left unalterable for ever : a 
 fecurity fo firm as the church of Scotland never enjoyed before from any 
 civil government or human authority in the world. 
 
 As to the objeftion about the covenant, it was indeed mentioned in mod 
 of the addreflTes; but it was never mentioned in Parliament at all, or at leaft, 
 not fo as to come to any debate, or to put any queftion upon it ; and there- 
 fore I refer it to its proper place. 
 
 There were feveral long fpeeches made on this article, fome to fliew, that 
 It was not in their power to vote upon it at all, without confulting confti- 
 tuents ; that the Parliament was a fundamental of government, and could 
 not be fo much as altered, much lefs given up ; and that this treaty was an. 
 entire furrender of the conftitution. It would take up too much room in. 
 this work to repeat all the arguments brought on this head, or to infert the 
 fpeeches that were made, much more to colleft the arguments brought by 
 
 I way
 
 36o MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 way of anfwer ; but as the following fpeech was made on this day, and fcems 
 to be a full anfwer to the main of thefe objections, I could not omit it, as it 
 was fpokcn by a gentleman eminently concerned, both in the prefent debate 
 and in the treaty at London. 
 
 A Speech In Parliament fpokcn by Mr. Seton, junior, of Pitmedden, No- 
 vember 1 8, 1706, upon the fubjeft of the third article, then being in 
 debate in the Houfe. 
 
 *' My Lord Chancellor, 
 
 " Having heard with much attention the third article debated, I find it 
 " liable, with the other articles of this treaty, to be put in a falfe or true 
 '' light by the fpeakers to it, in proportion to thole notions they have of 
 " the nature of this Union ; what I am to fay concerning it, fhall be to re- 
 " move fome objeftlons, which, in my opinion, is the proper method to 
 *' fmooth the way for approving it. 
 
 The principal objections are. That the reprefentativcs for fliires and 
 
 burghs cannot legally approve this article, without the aflent of their 
 *' conftituents ; and that by the approbation of it, the fovereignty and in- 
 " depency of this kingdom will be furrendered to England. 
 
 " My Lord, to give a diftincft and convincing anfwer to the firft objcc- 
 " tion, let us look a little to the nature of our conftitution of government. 
 
 *' Our government is not a Polifh ariftocracy, founded on paSla conventa, 
 " whereby all the gentry arc empowered in their particular meetings, to 
 " prcfcribe rules to their reprefentativcs in a general Dyet. 
 
 " Our government is not a common democracy, whereby every fubjcdl 
 " of Scotland may claim a vote in the Legi/laturc. 
 
 " Our government is, and has been many agespaft, a limited monarchy, 
 " wherein the fovereign and rcprefentative are the only judges of every 
 " thing which does contribute to the happinefs of the body politic, and 
 " from whom no appeal can legally be made ; and this defcription is agree- 
 '' able to reafon, to our law, and to our hiftory. 
 
 " Reafon teaches us, that anarchy is deftructivc to mankind, and that no 
 *' fociety of people can bc well governed without a fupreme power, whofe 
 *' proceedings are only alterable by itfelf ; Grotius fays, (Lib. i. Cap. 3. 
 " Sed. 7.) ' that wc call the fupreme power, wbofc afts arc not fubjcCt to 
 " ' the pov;er of another. 
 
 *' Our 

 
 WITfT OBSERVATIONS THEREON. 36 r 
 
 " Our law is pofitive, that this fupremc court is fubjc£t to no hunnn 
 *' authority, Aft 130. P. 8. J. 6.; and \vc learn tVon; our hiftory, that the 
 " greateft alterations have been made in the conftltution of our government 
 *' without confulting the people; out of which I humbly offer a few ex- 
 *' amples : In the reign of Kenneth the Third, the monarchy that originally 
 *' was eledtive, became hereditary ; in the reign of James the Sixth, the rc- 
 ** prefentation of the clergy in Parliament was rcflored : In the reign of 
 " Charles the Second, the prerogative was exalted above its natural level ; 
 *' and in the year 1688, the King was dethroned, and the clergy expelled 
 *' this Houfe. 
 
 " My Lord, I have heard aflerted, that there are fundamentals of govern- 
 " ment which cannot be altered by this Houfe, without the confcnt of every 
 *' Scotfman ; but where were thefe ftipulated ? where are they recorded ? 
 *' were thefe made by our forefathers at the firft inftitution of their govern- 
 *' ment, and have all fucceeding Parliaments fworn to their obfervance ? 
 *' Thefe queftions, methinks, deferve our confideration, before it be aflerted 
 *' what is an unalterable fundamental by this Houfe. 
 
 *' As to the arguments of Sir George Mackenzie, and other eminent 
 ** lawyers, brought upon the ftage to fupport this notion of fundamentals, I 
 " think they require no particular anfwer, becaufe any member who under- 
 *' Hands the nature of government may fee clearly, that thefe arguments arc 
 ** founded on Roman laws, calculated for people as members of private 
 ** focietics, and not for perpetual rules to the fupreme power of any 
 " nation. 
 
 " In fine, I believe there are no fundamentals of government in any 
 ** nation, which are not alterable by its fupreme power, when the circum- 
 " ftances of times require ; and whoever is acquainted with hlftory, may 
 '* learn, that there are no people at prefent in Europe, which in different 
 " ages have not fuffered variety of changes in government. I do, indeed, 
 " acknowledge, there are fundamentals in nature, to wit, liberty and pro- 
 ** petty, which this Houfe can never defl:roy, without exceeding its utmoft 
 " bounds of power, that are always limited to the public good ; neverthe- 
 *' lefs, this honourable Houfe is only capable to judge of the moft proper 
 " means of fecuring thefe fundamentals : and for my part, I (incerely 
 *' believe that no judicious man will fay, there is the leaft danger of our 
 " liberty and property by an Union of Parliaments, when he refledls that 
 ** the people of England have been in all ages noble affertors of the rights 
 *' of the fubjedt ; have fpent much blood and treafure in defence of the li- 
 ** berties of their neighbours, and that after this Union, ancroachments on 
 
 3 A " the
 
 562 MINUTES OF THE PARLIAMENT OF SCOTLAxND, 
 
 " the rights of the fubjeds of any part of Great Britain, muft endanger the 
 " liberty of the whole. 
 
 " My Lord, I come now to the next objedtion, that by the approbation 
 " of this article, we furrendcr the fovereignty and independency of this 
 " kingdom. 
 
 " Thefe words, I acknowledge, are very long, and may found harmo- 
 " nioufly in the ears of the populace : for my part, I would be forry juft 
 " now to have occafion to fay, that in fadt our fupremacy and independency 
 *' were furrendered the day King James got pofleffion of the Englifh throne, 
 " if at the fame time I could not affirm, that thefe are again reilored to us 
 *' by this treaty, which was managed with a decorum and equality that 
 " became two independent and diftindt nations, and not after fuch a clan- 
 " deftine manner as was ufed by Queen Mary and the French, the 4th of 
 *' April, 1554, on which day our fovereignty was indeed furrendered, as 
 *' maybe feen in the Recueil de Traitez, &c. p. 510. 
 
 •' But to put this queflion above controverfy, I conceive two ways only 
 " whereby a free nation lofes its fovereignty and independency, which are 
 " conqueft, and a voluntary furrender of its rights to another nation, with- 
 •' out any refervation. 
 
 " I am fure no perfon in right judgement will alledge, that this intended 
 " Union is a conqueft; nor can it be called a furrender, feeing the treaty 
 " contains certain and diftindl refervations to both kingdoms : nor can I 
 *' comprehend how either of two nations, by an entire Union, furrenders its 
 *' privileges : on the contrair, I agree with the learned Grotius (Lib, z. 
 " Cap. 9. Sed:. 9.) whofe opinion is, that the rights and privileges of two dif- 
 " tm&. nations united, are confolidated into one, by a mutual communica- 
 " tion of them. 
 
 " Another objedion, my Lord, has been moved againft this article, which 
 .** belongs more properly to the 22d article, and that's concerning the ijum- 
 ** ber of the reprefentatives from Scotland, to a Parliament of Great Britain. 
 " This objection I'll endeavour to anfwer in as few words as the nature of it 
 " will allow. 
 
 " If both nations are to be rcprefented by one Parliament, there muft be 
 ** members from both nations, ai>d their numbers muft be adjufted by fome 
 " rule, which can be no other than that fundamental in the Union of all 
 *' focicties, whereby fufFrages arc computed, to wit, the proportion each 
 " fociety contributes for the fupport of the whole. Now, the Union of 
 *' Scotland and England is but the union of two great focieties of people into 
 ** one body politic : fo, that we have nothing to dircft our forming a true 
 
 " notion-.
 
 WITH OBSERVATIONS THEP.EON. 363 
 
 *' notion about the number of the reprefentative agreed to by this treaty on 
 *' the part of Scotland, but the proportion we are able to contribute for 
 *< the fupport of the government of Great Britain ; and that has refpedt to 
 *' the numbers of our people : to the extent of our taxes ; or to an arith- 
 ** metical proportion betwixt thefe and thofe of England : all which be- 
 " ing duly confidered, I may be bold to affirm, that the reprefcnta- 
 *' tive agreed to by the Commiffioners for Scotland, is more than falls to 
 *' our fhare. 
 
 " Several authors who have wrote about the nature of fociety, or the 
 " Union of two or more focieties, agree to this fundamental ; and Grotius 
 " (L. 2. C. 5. Sedt. 22.) has two examples out of Strabo relating to it. 
 " One is, when Lybica united with three neigbouring cities, it was flipu- 
 " lated, that each of the three was to have one voice, but Lybica two ; 
 *' becaufe it contributed much more to the common benefit than any of the 
 " reft. The other example is, that there were twenty-three cities in 
 *' Licia united, whereof fome had three voices, fome two, and fome 
 " but one. 
 
 •' My Lord, by the reprefentative of fixteen for the nobility, there is no 
 *' greater hardfliip put upon them, than was put upon the fmall Barons 
 *' in the reign of King James the Firft, who then were of the fame ftate 
 ** with the nobility, and fubmitted to the law for conveniency. 
 
 " By the reprefentative of forty-five for the Commons, no prejudice is 
 *' done to the State of Barons in refpedt of reprefentation ; for, if they be 
 '** reprefented from every fhire, or at leaft from the moft confiderable fhires, 
 •' it is of no import, whether every Ihire be reprefented by one or more : 
 *' and as to the ftate of boroughs, I'll prefume to fay, that the retrench- 
 " ment of their reprefentation is a piece of juftice done to this nation, if 
 *' property or taxes be the rule of reprefentation. 
 
 " My Lord, fo far have I endeavoured to anfwer the material objections 
 *' againft this article, not out of any profped: to convince the members 
 '' againft this Union, as to fortify the judgements of thofe for it; and I 
 " wilh heartily that the conftituents for fliires and burghs may have a true 
 *' confidence in their reprefentatives, while they are accomplifhing this 
 ** great and noble work of an union of both kingdoms, efpecially confidering, 
 *' that they are bound by oath to give their beft advices and fufFrages ; thaC 
 " they were chofen by themfelves in a free eledlion ; that they have their 
 " families and eftates among them; that the fame liberty, property, and re- 
 " ligion, are common to them both; and that the good or bad confequences 
 ** of this Union, muft equally afFedt reprefentatives and coiiftituents." 
 
 5 A 2 This
 
 364 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 This fpeech was received with great fatisfaftion and applaufe, and the 
 arguments in it were fo clear, efpecially as to the proportions of the re- 
 prefentative, that it was very ufeful when that head came to be debated ; 
 and I cannot but fuppofe the reader will think his time well bcftowed in 
 reading it, in that he will fee by it, whether the Union was carried by 
 Itrength of reafoning, or, as fome alledged, crammed down their throats 
 by mere number of voices. 
 
 The debates held very long ; but at length the queftion being propofed, 
 the vote was carried with the ufual provifo, viz. " That it be of no 
 " force if all be not concluded ;" and the diffenting members protefled, 
 as you will fee in the minutes ; and fo this mighty cafe was alfo deter- 
 mined. 
 
 MINUTE XXIIL 
 
 'Tuefdayy Novemier 19, 1706. 
 
 Prayers faid* 
 
 Rolls called. 
 
 The Lord Chancellor acquainted the Parliament, that lafl night. His Grace, 
 Her Majefty's High Commiflioner, in his return to the Palace, was infulted by 
 a number of people of the meaneft degree, with flones, which was a liigH 
 affront both to Her Majefty's High Commiflioner and to the Parliament ; and 
 therefore moved, " That the Parliament may give the neceffary orders, not 
 *' only to find out fuch as have been guilty as adlors or abettors therein, but 
 " to prevent the like in time coming:" and after fome reafoning on the faid 
 reprefentation and motion. 
 
 It vvas agreed, to remit to the Committee nominate for examining the cal- 
 culation of the equivalent, to inquire into the matter of this infult : and to 
 endeavour to find out the adtors and abettors, if any be ,• with power to the 
 faid Committee to promife indemnities and rewards for difcoveries; and to 
 ieize and imprifon any perfon whom they fliall have ground to fufpeifl to be 
 guilty, as adtors or abettors; and to call for the magiftrates and neighbours 
 of Edinburgh for information, and to report to the Parliam;?nt what infor- 
 mation and difcovcry they ftiall make of the faid infult, or of any former. 
 As alfo, to report their opinion, what meafurcs may be proper for preventing 
 the like in time coming : and the Committee appointed to meet the firll inter- 
 val day of Parliament at nine o'clock. 
 
 The
 
 WITH OBSERVATIONS THEREON. ^65 
 
 The Parliament did likewife recommend to the Lord High Conftable, to 
 profecute forthwith thofc pcrfons who were imprifoncd on account of a former 
 tumult ; and ordained the magiftrates of Edinburgh to furnifh what probation 
 they can, to the Fifcal of the Conftable's Court, againft fuch as were fo im- 
 prifoncd. 
 
 Addrefs of the baiilies, counfcllors, and citizens of St. Andrews, fub- 
 fcribers of the fame, againft an Union with England in the terms of the ar- 
 ticles, given in and read. 
 
 Thereafter it was moved, " That the Parliament proceed to the fourth 
 ** article of Union." 
 
 Moved alfo, " That, before proceeding to the confideration of the fourth 
 *' article, a claufe be added to the third article in thir terms; ' And that the 
 " « faid Parliament of Great Britain {hall meet and fit once in three years ar 
 " ' leaft, in that part of Great Britain now called Scotland." 
 
 And after fome debate thereupon, the confid'eration of the fiiid additional 
 claufe delayed till the Parliament come to the twenty-fecond article. 
 
 Tlicn the fourth article of Union was read, and after fome dlfcourfe 
 thereupon, the farther confideration thereof was delayed till the next Jederunt 
 of Parliament, and the confideration thereof to be then refumed previous to 
 all other bufinefs. 
 
 Adjourned till Thurfday next at ten o'clock.. 
 
 OBSERVATION XXIII. 
 
 The affairs- of tumult and clamour from the ftreet I have related in its 
 proper place ; yet, as far as it came to be confidered in Parliament, I muft 
 take notice of it here, but fliall be the briefer, referring to what is faid elfe- 
 where. 
 
 The firft rabble had been crufhed for fome time, as has been obferved 
 already, and the vigilance of the government had fecured the Parliament 
 hitherto; but the Inveterate fury of the poor ignorant people, impofed upon 
 by the popular arguments of the times, and theie enlarged upon by various 
 pamphlets and fpeeches againft the Union, which were fpread amongft them, 
 ■was very hard to be reftrained. 
 
 The Duke of Queenfberry, the Queen's High Commiflioner, received 
 divers affi-onts in his going to and fiom the Parliament, though His Grace 
 did not think it worth his while to trouble the Parliament with it while it 
 was any thing tolerable; but it was now grown to fuch a height, that not 
 only the Commiffioner's life was in danger, but the public peace feemed 
 
 a. manl-
 
 366 MINUTES OF THE ^PARLIAMENT OT SCOTLAND,, 
 
 manifeftly aimed at, and it was very neceflary to put a check to fuch infults, 
 left the whole might be endangered. 
 
 The High CommifEoner had received feveral private intimations of de- 
 iigns to alTaffinate him ; and feveral letters, fome abufive and threatening, 
 others pretending to give him caution to preferve his perfon ; others dircdly 
 ' pretending to inform him of the defigns, the time when, manner how, and 
 the weapons by which he was to be murdered. Whether thefe v/ere real 
 defigns, or only attempts to amufc, and perhaps difcourage His Grace in the 
 difcharge of his duty in fo weighty a work, was, I believe, never certainly 
 known : but, whoever will calmly confider the temper of the people at that 
 time, how inflamed by the artifice of a party, and how frequently they 
 Ihewed their readinefs to have undertaken any thing, though never fo def- 
 perate, to have broken off this affair, will wonder, that no agent of Satan 
 was found hardened enough to have committed that, or any like fort of 
 villany. 
 
 Nor did it feem that there was any thing wanting but the mere courage to 
 venture their lives in fuch a bloody adlion; fince, in the occafion which was 
 now brought before the Houfe, it appeared there were Itones thrown at the 
 Commiffioner's coach from the tops of houfes, fufficient to have murdered 
 him, if Providence had not more efpecially protedled both his perfon and the 
 affair in hand ; which, had any fuch villany been perpetrated, would, moft 
 certainly have all been loft in the confufion that muft inevitably have fol- 
 lowed. 
 
 For the reader's particular information of the temper and humour of the 
 People at that time, fome of the threatening letters fent to His Grace the 
 High Commiffioner, are printed in the Appendix, N. G. xx. faithfully 
 tranfcribed from the originals. 
 
 As to the manner of the prefent infult offered the Commiffioner, it was 
 thus; opportunity was taken upon the length of the debates that day, which 
 keeping the Houfe late, and the Lord Commiffioner being to pafs the ftreets 
 in the night, the whole length of the city, from the Parliament Houfe to the 
 Palace, the mob took the opportunity of the darknefs, a time proper for fuch 
 villanies; firft they affronted the guards, and followed them with curfes and 
 opprobrious words, and their numbers increafing as they went on, they be- 
 gan to throw ftones at them, which occafioned fome little diforder among 
 the horfes, and this at laft increafed to the throwing ftones at the Commif- 
 fioner himfelf, one of which narrowly miffed his perfon. 
 
 The coachman and poftilion, whether frighted themfclves, or that the 
 horfes were unruly, drove a little fafter than ufual down the ftreet, whicli 
 
 put
 
 WITH OBSERVATIONS THEREON. 367 
 
 put the guards to a full trot, and that hcartcnuig the rabble, as if the guards 
 had fled from them, they flioutcd, and continued purfuing them with dirt, 
 ftones and fueh fort of violence, till they came to the palace, where the 
 foot guards .received them and kept off the croud. 
 
 Every body will allow, that coniiders thefe circumftances, which I was 
 an eye witnefs to, that it was time to put a flop to this violence, and to 
 rcftrain a headftrong multitude, thus made bold and furious, left they fhould, 
 as in fuch cafes is not uncommon, run on to more violent extremes ; and 
 therefore, the Lord Commiffioner ordered the Lord Chancellor to reprefent 
 it to the Houfe, as in the vote. 
 
 The motion for the Parliament fitting once in three years was ncedlcfs, 
 .for that indeed it was fettled in the twenty-fecond article for the firft Parlia- 
 ment, and eftablifhed in England by other laws made there, which were to 
 continue in force by the treaty.. 
 
 MINUTE XXIV. 
 
 'Thurjday, November 21, 1706. 
 Prayers faid. 
 
 Rolls called. 
 
 Addrefs of heretors, burgefles, minifter, and other inhabitants, in the town 
 of Paifley, fubfcribers of the fame, againft 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 feveral branches of trade, to be 
 " communicate, into confideration, that it may thereby appear how far the 
 " communication of trade fhall be advantageous ;" and after reafoning there- 
 upon. 
 
 The vote was ftated, *' Approve of the fourth article, referving the confideraj- 
 " tion of the feveral branches of trade till the Parliament come to the fubfe- 
 *' quent articles, yea or not." 
 
 And it was agreed, that the members lliall be marked as they fhall vote,, 
 approve or not, and that the lift of their names, as they fliall 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 propofal was 
 given in for explaining and enlarging the fame in thefe terms ; " That all 
 " fliips or veflels belonging to Her Majefty's fubjedts of Scotland^ at the time 
 " of ratifying the treaty of Union of the two kingdoms in the Parliament of 
 " Scotland, though foreign built, Ihall be deemed and pafs as fhips of the 
 
 i "build.
 
 ^68 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " build of Great Britain ; the owner, or where there arc more owners, one 6r 
 " more of the owners, within twelve months after the Union, making oath, 
 " that at the time of ratifying the treaty of L^niou in the Parliament of Scot- 
 *' land, the fame did, in hail, or in part, belong to him or them, or to fome 
 ** other fubjedt or fubjefts in Scotland, to be particularly named, with the place 
 " of their refpedtive abodes, and that the fame doth then, at the time of the 
 " faid depofition, wholly belong to him or them, and that no foreigner, di 
 " reftly or indiredtly, hath any flrarc, part, or intcreft therein." 
 
 Which being read, it was moved, " That fix months more time be added 
 *' to the time allowed by the propofal for purchafing fliips or veflels ;" and 
 after fome reafoning thereupon, the farther confideration thereof was delayed 
 till next Jederunt of Pairliament, to be then refumed previous to all other bu- 
 finefs. 
 
 i^djourned till Saturday next at ten o'clock. 
 
 OBSERVATION XXI\^. 
 
 This article being general, but containing feveral particulars, it was 
 judged proper to pafs it in the grofs firft, with a referve for fuch claufes and 
 branches of trade as Ihould come into confideration afterward j for other- 
 wife thcfe branches of trade would have been foreclofcd, by agreeing to 
 tills article In the full extent of the words. 
 
 Thefe branches came all to be confide»ed In the debating other articles, 
 as particularly when they came to examine the affairs of drawbacks, boun- 
 ties on exportation, prohibitions, and reftridlions in trade ; the feveral 
 cufloms, duties, equalities, and proportions of trade j of which In their courfe. 
 
 This referve, however, made the article Itfelf pafs the more readily at 
 this time ; for It was the firft article, after voting the gen-erals, that was 
 branched out into particulars, and therefore the adjourning thefe 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 fhlps then in the hands of the Scots, 
 to "be free fhips; the Scots Commlffioners would have had it been the time of 
 ratifying the Union; the Englifli Commlffioners infilled on It, that It fhould 
 be the time of figning the treaty ; and the reafons were good ; that othcrwife 
 people might buy multitudes of foreign Ihips, and have time to furnifh 
 themfclvcs, and pafs thefe foreign-bulk flilps as free bottoms, in the terms 
 of the A<ft of Navigation, to the Infinite damage of the whole ifland ; 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 ifland to encourage the building, 
 ^nd confc(iucntly the employing our own fliips. However, many popular 
 
 argu-
 
 WITH OBSERVATIONS THEREON. 369 
 
 arguments were ufed to lengthen out the time, fuch as, that Scotland was 
 not yet ni a condition to build, and that this would check, her trade, to 
 leave her naked of lliips till flic could furnifli hcrfelf with materials for build- 
 ing; that for the fifliing and Eaft-country trade, it was abfolutely neceffar/. 
 ta furnifh foreign-built fliips, till Scotland could build for herfelf. 
 
 It was allcdged, England could furnifh ihips ; and it was fo material a 
 thing to encourage the building and increafe of our own flipping, that 
 . England would infill; upon it, and had reafon (o to do. 
 
 However, after long debating, it was agreed to lengthen the term to the 
 ratifying the treaty ; and this was the firfl alteration made 'm the articles, 
 but it was referred to the next day. 
 
 MINUTE XXV. 
 
 Saturday, November 2j, 1706. 
 Prayers faid, 
 
 Pvolls called. 
 
 Then the following atldrelTes were given in and read, viz. Addrefs of he- 
 retors and feveral otlier perfons in the barony paroch of Glafgow, fublcribers 
 of the fame ; addrefs of heretors, magillrates, town council, and other inha- 
 bitants within the town and paroch of Culrofs, in Perihfliire ; and heretors, 
 elders, and other inhabitants within the parochiiies of Salino, Carnock, and 
 Toric, in Fifefhirc, fubfcriblng the fame; addrefs of the provoft, baillies, town 
 council, and other inhabitants of the burgh of Stirling, fubfcribing the fame ; 
 addrefs of barons, freeholders, and others, within the Stewartry of Annandale, 
 fubfcribing the fame; and addrefs of the magiftrates, town council, guild bre- 
 thren, deacons, of crafts, and other burgefles, tradefmen, and inhabitants 
 within the burgh of Innerkeithing, fublcribers of the fame : all againft an 
 Union with England in the terms of the articles. 
 
 Thereafter the fifth article of Union was again read, with the propoHil for 
 amending, explaining, and enlarging the fame, infert in the former day's mi- 
 nutes, and altered thus, viz. That all fliips or vcflels, belonging to Her Ma- 
 jefly's fubjed:s of Scotland, at the time of ratifying the treaty of Union of the 
 two kingdoms, in the Parliament of Scotland, though foreign built, be 
 deemed, and pafs as fnips 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 firft day of May next, making oath, that at the time of ratifying the treaty 
 of Union in the Parliament of Scotland, the fame did, in hail or in part, be- 
 long to him or tliem, or to fome other fubjedl or fubjedts of Scotland, to be 
 particularly named, with the place of their refpecflive abodes; and that the 
 fame doth then, at the time of the faid depofition, wholly belong to him or 
 
 3 B them
 
 370 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 .tliem, and that no foreigner, diretth^ or indirecflly, hath any fharc, part, or in« 
 tcrell therehi. 
 
 And after fome rcafonuig thereon, there was a fecond propofal given in 
 -for the amending the article in thefe terms : That all fhips and veflels be- 
 longing to Her Majcfty's fubjefts of Scotland, at the time of ratifying the 
 treaty of Union of the two kingdoms, in the Parliaments of both kingdoms. 
 
 And after fome debate the vote was ftated, " Approve of the firfl; paragraph 
 " of the fifth article with the firft amendment or fecond;" and it carried, 
 " Approve with the firft amendment." 
 
 Thereafter the reft of the faid fifth article of Union was read, and a pro- 
 pofal given in for adding a claufe in thefe terms : That for the fpace of feven 
 )cars from and after the concluding the treaty of Union in both kingdoms, it is 
 expreflly agreed, that none of the feamen or mariners aboard any of the fhips be- 
 longing to the fubjedls of that part of United Britain, now called Scotland, fhali 
 either at home or abroad be preffed from aboard their faid ftiips, to ferve in any 
 of Her Majefty's ftiips of war or frigots ; and in cafe after the faid feven years, 
 it ftiall happen that there be a levy of feamen in United Britain, for ferving 
 in the Britifti fleet, that the faid part of United Britain, now called Scotland, 
 ihall only be burdened with fuch a proportion as our taxes bear, in proportion 
 to that part of United Britain, now called England, but prejudice to the officers 
 of Her Majefty's fhips or fleet to engage as many voluntar feamen in their fer- 
 vlce as they can agree with in this part of United Britain ; and this article to 
 be unalterable by any fubfequent Britifti Parliament. 
 
 Which being read, after fome reafoning thereupon, it was put to the vote, 
 " Add the fecond claufe or not," and it carried " Not." 
 
 Thereafter the reft of the faid fifth article beins aoain read, the vote was 
 put, " Approve thereof or not," and it carried, " Approve." 
 
 Adjourned till Tucfday next, at ten o'clock. 
 
 OBSERVATION XXV. 
 
 The debate about the admitting the Scots ftilps as free bottoms, was now 
 re-aflumed, and the time limited for the properties to be made out, was al- 
 tered from the time of figning the articles to the time of ratifying the treaty. 
 
 The prefcnt difpute was, whether it ftiould be the time of ratifying the 
 treaty In Scotland, or the ratification in both kingdoms. This article was 
 fjifputed by Inches, and fome. thought there was more nicety ufcd here than 
 was of any fignlfication ;' and that therefore it feemed the cffeft of a general 
 ftruggle agalnft the Union, where every thing was laid hold of that either 
 jnight bring on fome alteration they thought England could not comply with, 
 
 I or
 
 WITH OBSERVATIONS THEREON 371 
 
 or that at leafl might but caufe a difpute in England; or that might fo gain 
 time as to avoid having the thing compleatcd in the then fitting of Parlia- 
 ment. 
 
 It was well known the Englifh would be very tender of their aft of na- 
 vigation, which is the fecurity of their trade, and the main encourager of their 
 fhipping ; and the longer this liberty of purchafing fliips from the Dutch 
 was extended, the more room there would be for exceptions in England, 
 their trade being the more expofed to the bringing in foreign bottoms among 
 them. 
 
 And if it be true, as I have feen a minute made of it in writing, that the 
 party had prepared fchemes of objedtions to be offered in the Parliament of 
 England, againft the very alterations which they themfelves had procured to be 
 made in Scotland ; if this be true, it v/ill abundantly juftify the general fup- 
 pofition I have fo often hinted at, viz. that thefe objedtions were rather caf- 
 culated to delay the treaty, and overthrow the Union itfelf, than from any 
 particular regard had to the realbn and nature of the thing objedted. 
 
 Nothing elfe could be the occafion of fuch ftrong ftruggles for things in 
 themfelves not of any great advantage to Scotland, as in this cafe of the 
 Ihips, of which it may be noted, that after that matter was fettled, it was 
 hardly known that one fhip was bought cither in Scotland or Enp-Iand 
 with the defign of making it free as was fuggefled. 
 
 However, after long debate, the middle courfe was taken, and the tnmc 
 was extended from the time of figning the articles as it was agreed in Lon- 
 don, to the time of ratification in the Parliament of Scotland, but not to 
 the time of ratification in both Parliaments, as was propofed. 
 
 The laft propofal againfl prefling of feamen, was a manifefb attempt of 
 the kind above mentioned, and a feeking an occafion to interrupt the main 
 treaty; fince nobody could imagine that fuch a claufe could have palTed in 
 England, all their own feamen having been liable to be prefTed into the fer- 
 vice of the navy; and both nations being to enjoy equal privileges, this had 
 been put to fuch a difadvantage, and fuch inequalities upon the Englifh, as 
 would have made jufl complaints in England, and have been a fufficient ob- 
 ftacle to the whole, efpecially when it was remembered, that in Scotland' 
 there was no want of feamen, but that, on the contrary, many thoufands of 
 their feamen, for want of employment, entered themfelves on board the men 
 of war in foreign fervice, with the Danes, Swedes, and Hollanders; and it 
 would be hard, that they fliould feek a liberty from the Englifh fervice,, 
 which would now be their own ; and at the fame time, for want of bufinefs, 
 feek fervice among foreigners; it being alledged, that at this time, there- 
 
 3 B 2 were
 
 372 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 were 16,000 Scots failors in the Dutch fervlce 5 this was fo plain a cafe, that 
 the pi'opofal was rejcfccd, and the avticlc paHed with only the firfl: amend- 
 ment. 
 
 And this was the fecond alteration in the articles of the L^nlon. 
 
 MINUTE XXVL 
 
 Tuefday, November 26, 1706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the following addrefles were given in and read, viz. Addrefs of barons, 
 freeholders, and others within the fherifFdom of Roxburgh, fubfcribers of the 
 fame; addrefs of the magiflrates, town council, and other inhabitants of the 
 burgh of Annan, fubfcribing the fame ; addrefs of the magiflrates, town coun« 
 cil, and others, inhabitants of the burgh of Lochmabbcn, fubfcribers of the 
 fame; and an addrefs of the paroch of Lefmahago, fubfcribers of the fame; 
 all againfl: an Union with England in the terms of the articles. 
 
 Thereafter an overture for an aft for encouraging the exportation of viftual, 
 read, and ordered to be printed. 
 
 As alfo, another overture for an adl for encouraging the export of viftual, 
 fiflies, beef, and pork, was given in, and ordered to be printed. 
 
 Thereafter, a petition and draught of an a<ft in favours of the burgh of Dun- 
 dee, for an impofition 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 firft reading ordered to be marked on the acft. 
 
 As alfo, a petition of the magiflrates, town council, and community of the 
 burgh of Aberdeen, and a draught of an adt in their favours, for continuing 
 an impofition on wine and ale, granted to them by a former aCt, read, and a 
 firfl reading ordered to be marked on the adl. 
 
 As alfo, the following draughts of adts were given in and read, viz. Aft 
 in favours of the burgh of Kirkaldie ; aft in favours of the town of Borrow- 
 ftounncls ; aft in favours of the burgh of Dyfert ; aft in favours of the burgh 
 ©f Burntifland ; aft in favours of the burgh of St. Andrews ; aft in favours of 
 the burgh of Kinghorn ; aft in favours of the burgh of Elgin ; all for an im- 
 pofition of two pennies Scots, upon the pint of all ale and beer to be brown 
 and vended within the refpcftive bounds, and for the ends therein mentioned, 
 
 and a firil reading ordered to be marked upon each of the faid afts. 
 
 Then
 
 WITH OBSERVATIONS THEREON. 373 
 
 Then the fixth article of Union was read ; and after feme reafoning thereon, 
 there was r. propofal given in for adding the following claiifc to the end of the 
 fixth article, viz. " T'.xccpt in fo far as fliall be rc(5tified by this Parliament, 
 " upon the confidcration of the fubfequent articles." 
 
 Which being read and difcourfed upon, there was another propofal gtvcn 
 in, for enlarging and explaining the faid fixth article, in thefe terms, viz. 
 " And feeing by the laws of England now {landing, there arc rewards granted 
 " upon the exportation of certain kinds of grain, wherein oats is not fpeci- 
 *' ficd, that, from and after the Union, when oats fliall be at fifteen fhillings 
 '^ per quarter, or under, there fliall be paid two fliillings and fix-pence for 
 " every quarter of oatmeal exported in the terms of the laws, whereby re- 
 " wards are granted for exportation of other grains. And in refpeft there is 
 " a duty upon oats imported into England, but no duty upon oatmeal, the 
 *' importing of which is a prejudice and difcouragement to tillage : therefore, 
 " that from and after the Union, the quarter of oatmeal be deemed equal to 
 *' three quarters of oats, and pay duty accordingly, when imported to Scot- 
 " land from any place whatever beyond the fea." 
 
 Which being likewife read, after fome farther reafoning, it was moved, 
 *' That the obfervations (in relation to the balance of the trade of this nation) 
 " made by the Council of Trade, fliould be laid before the Parliament." 
 
 And after debate thereupon, the farther confidcration of the faid fixth 
 article and motions was delayed till the next federunt of Parliament, to be 
 then refumed previous to all other bufinefs. And ordered, That the obfer- 
 vations made by the Council of Trade be then laid before the Parliament. 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XXVI. 
 
 The fixth article of courfe began the debates about allowances, draw- 
 backs, prohibitions, and reftridlions, which, as has been obferved, were to 
 be equal to all the fubjedts ; but Scotland finding fome difference in the value 
 and frequency of import or export of grain, they found a neceflity to come 
 into fome amendments here too. The cafe was thus : 
 
 England allowed a bounty to the exporter of corn at all times, when the 
 plenty of grain kept the price under fuch a ftated rate ; but it was obferved, 
 there was no bounty on the exportation of oats ; the reafon was, becaufe 
 England rather wanted oats than had them to fpare, one feafon with another. 
 
 On the other hand, Scotland producing vail quantities of oats, and ha- 
 ving a large trade for the exporting the fame to Norway, and other parts, 
 the Scots members infilled, that a drawback Ihould be allowed on oats and 
 
 oatmeal exported. 
 
 z Another
 
 374 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Another cafe alfo required an alteration, and this refpefted Ireland, which 
 bordcrmg on Scotland, could and might eafily throw in great quantities of 
 oats or oatmeal into Scotland, which being cheap in Ireland, would lelFcn 
 the confuniption of the growth of Scotland ; there was, it feems, a prohi- 
 bition formerly laid on the importation of oats or oatmeal, but this being 
 taken off by the Union, it was rcquifite to make fome provifion, where the 
 Englifli law was defective, which was thus : 
 
 The Englifli had, by aft of Parliament, a duty of five fhillings and fix- 
 pence per quarter laid upon all oats imported, and that they thought was 
 lufficient ; but there being no more duty on oatmeal than on oats, it was 
 alledged, that the Irifh might import the oatmeal, and afford to pay the 
 duty, fince it was not above half the value of the duty of oats, the value of 
 the meal reducing the duty. 
 
 This, therefore, was provided againil by this additional claufe, which 
 doubled the duty upon oatmeal imported, by reckoning every quarter of 
 oatmeal as two quarters of oats. 
 
 The z&s in favour of the rcfpedtive burghs were in order to continue ta 
 them the feveral impofitions on ale and wine cuflomary in Scotland, or 
 granting them anew, being generally granted for the public ufes of the 
 towns, fuch as building or maintaining public edifices, harbours, &c. ; juft 
 as has been praftifed in England in the duties on coals^ as at London for 
 building the churches, at Yarmouth for their pier ; or on fhips, as at Dover 
 for the repair of their harbour, and the like : and this being the laft Parlia- 
 ment to fit in Scotland, if the Union fucceeded, and all private rights 
 being made perpetual, or to continue to the times they were entailed for, 
 this made the towns the more folicitous to have adls paffed in their favours 
 at this time ; the excife upon liquors, payable to private hands, indeed was 
 a novelty in England, and feemed to be a very odd requeft at this time, 
 that while, on one hand, they fhould be pleading, that Scotland could not 
 pay more excife on their liquor than they did before, at the fame time they 
 ihould, on the other hand, be feeking an additional duty to be paid to the 
 burghs ; but the duty being fo fmall as two pennies Scots, which is but 
 one-fixteenth of a penny on the pint Scots, which is two quarts Englifli, it 
 was generally agreed to, and principally becaufc it was not extended all 
 over the kingdom, but only in the few towns, that having public trade to 
 fupport, and chargeable works to maintain, feemed to have extraordinary 
 reafons to demand it. 
 
 MINUTE
 
 WITH OBSERVATIONS THEREON, 575 
 
 MINUTE XXVII.^ 
 
 Wednc/dny, November 27, 1706, 
 
 Prayers faid. 
 
 Rolls called. 
 
 Addrefs of barons, freeholders and others, within the fhire of Mid-Lothian, 
 fubfcribing the fame, againfl an Union with England in the terms of the 
 articles, given in and read. 
 
 The fixth article of Union again read, and a propofal given in for adding 
 the word " Drawbacks" to both claufes of the faid article, which was agreed to. 
 
 And the faid article, as fo amended, was again read, as alfo the propofal 
 mentioned in the minutes of the laft federunt, in relation to oats and oatmeal, 
 with the addition of a farther claufe, in thefe terms, " And that the beer of 
 " Scotland have the like rewards and drawbacks as barley." 
 
 And it was likewaj's moved, that another claufe Ihould be added thereto, al- 
 lowing the like premium or drawback on the exportation of oatmeal, as is al- 
 lowed on the exportation of rye in England ; and after debate thereupon, ic 
 was agreed that" the fixth article, with the propofal for amendments, fhouidbe 
 remitted to a Committee. 
 
 Thereafter there was a claufe offered to be added to the faid fixth article, in 
 thefe terms, viz. " But Scotland, for the fpace of years after the firft 
 
 " day of May next, fliall be free from, and no ways fubjedt to the prohibition 
 " and reftridtions made againfl: exporting of wool, fkins with wool upon them, 
 " and woollen yarn, which by the oaths of the fellers and buyers fhall be made 
 " appear to be the proper growth and produdt of Scotland, and fpun within 
 *' the fame, which fhall no ways he comprehended under any of the laws al- 
 •' ready made in England, or to be made during the fpace aforefaid." 
 
 As alfo, a claufe in thefe terms, viz. " Excepting and referving the duties 
 " upon export and import of fuch particular commodities from which any 
 " pcrfons, thefubjedts of either kingdom, are fpecially liberated and exempted 
 " by their private rights, which, after the Union, are to remain fafe and en- 
 " tire to them in all refpedls." 
 
 And ficklike, another claufe in thefe terms, viz. " That after the Union, all 
 " forts of Scots lining, or any kind of cloth made of flax or hemp, be exported 
 " out of the united kingdom, free of all cufloms or other impofitions whatj- 
 " fomever." 
 
 And another In thefe terms, " That before the Union we may have fuch a 
 " drawback adjufl.ed as may enable us to export beef and pork and butter to 
 " the Weft Indies and other foreign parts, which will be a confiderable branch 
 '.* of our trade after the Union." 
 
 And
 
 376 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 And Hkewife another claufe in thefe terms, " That from and after the Union 
 " all duties or bounty tolls, or other exadtions upon black cattle, or any other 
 " produdlof Scotland, when carried into England, or product of England when 
 " carried into Scotland, payable either to the public or private perfons, fliall 
 " in all time coming be void and null." 
 
 And another claufe in thefe terms, " That from and after the Union, the 
 ♦' kingdom of Scotland fliall have liberty for ever to manufacture plaiding^ 
 " fingrams, Galloway-whites, fergcs, {lockings, and all forts of lining, as 
 " they have been in ufe to do, conform to the regulations contained in their 
 '' own laws, and to export the fame to England or dominions and plantations 
 " thereto belonging, or to any other place beyond feas, free of any duty or 
 ** impofition whatfomeyer to be laid thereon ; but in cafe any of the fubjedts of 
 " that part of United Britain now called Scotland, fhall export any other fort 
 *' of woollen manufadfory than what is above mentioned, they- are to be liable 
 *' to the regulations and taxes of England impofed before the Union, or to be 
 *' impofed by the Britifh Parliament after the Union." 
 
 And it was agreed that all the claufcs above infert fhould be likeways re- 
 mitted to a Committee. 
 
 Whereupon it was moved, " That the fixth article and propofals, and ad- 
 " ditional claufes relating thereto, fhould be remitted to the Committee for 
 '* examining the calculation of the equivalent," which was agreed to. 
 
 Thereafter it was alfo moved, " That a farther number of the members of 
 *' each State ihould be added to the faid Committee ;" and thereupon a vote 
 xvas put, " Add, or not," and it carried, " Add." 
 
 Then it was moved, " That two of each ftate be the number to be added ;" 
 and likewife moved, " That the number of four of each ftate be added;" 
 and after fome reafoning, it was put to the vote, " Two or Four," and it car- 
 ried " Two ;" and the next/ederunt of Parliament appointed for choifing the 
 additional members. 
 
 Then the fevcnth article of Union was read, and the reafoning thereupon 
 delayed till the next federunt of Parliament, to be then proceeded upon previous 
 toall other bufinefs, after choifing of the additional members for the Committee. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XXVIL 
 
 The obfervations upon this day's minutes will be more properly referred 
 to the time when the Committee to whom the futth article was referred, 
 make their report. 
 
 Xhe
 
 WITH OBSERVATIONS THEREON. 377 
 
 The amendment of " drawbacks" was not fcruplcd, it was included be- 
 fore the word "allowances;" but it was fuch a trifle that nobody would 
 difpute it, feeing it contained nothing but what was intended in the article 
 itfclf. 
 
 The amendments offered were many, and the referring them to a com- 
 mittee, was no qucllion — the beft method to come to afettlcmcnt in the fc- 
 .. veral particulars ; but this may be obferved, and it was remarkable, that fuch 
 was the ignorance of the objedtors in thefe cafes, and fo much had they been 
 . impofed upon in matters of trade, that they demanded inconfiftcnt and ira- 
 . pradticable things, that they demanded exemption from impofts which no- 
 , body paid, they demanded liberty where there were no prohibitions, and 
 equalities which were already agreed to. 
 
 For example, liberty of exporting wool, a thing on which the whole Eng- 
 lifti commerce depended, and without a rcftraint upon which, all their ma- 
 nufaftures would have been ruined ; a thing imprad:icable in the nature of 
 their trade, and which it was inconfiftent with reafon to expedt. 
 
 Then they required liberty of exporting linen duty free; whereas it was 
 -. evident, had they confulted the Englifh affairs, they would have found the 
 Englifh gave that liberty to all the world ; and if any linen was imported 
 into England, whatever 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 du- 
 ties and cufloms ; whereas it was known, England had, long fince, taken off 
 all duty or cuftom upon their woollen nianufad:ures for feveral rcafons of 
 . trade, and for the encouragement of the poor. 
 
 Again, they afked freedom of carrying their goods and cattle into England 
 without cuftoms and toll, which it was evident, without any provifion, was 
 the confequence of the Union ; and there could no more remain any toll, 
 cuflom, or duty, on pafEng and repafEng of cattle or goods between Eng- 
 land and Scotland, than there could in either kingdom from one county to 
 another. 
 
 But this will farther appear^ when the Report of the Committee comes to 
 bc^uijl^e^ confi^eration.j ^ ,, ._ 
 
 ' ' '• ' Minute xxviii. 
 
 Ihiirjday^ November 28, 1 706. 
 
 Prayers fald. 
 . Rolls called. 
 
 Then the following addrefles were given in and read, viz. Addrefs of'here- 
 tors and other inhabitants of the paroch of St. Ninians, fubfcribers of the fame ; 
 
 3 C and
 
 37« MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 and addrefs of the magiftrates, town council, burgefles, and other inhabitants of 
 the buro-h of Dumbar, fubfcribing the fame ; both againft an Union with Eng- 
 land in the terms of the articles. 
 
 Thereafter the Parliament (conform to the minutes of the hR /ederuntj pro- 
 ceeded to eledt the additional members to the Committee, to ivhom the fixth ar- 
 ticle, and claufes and propofals relative thereto, are remitted : and the three 
 eftates having feparated to their ufual places, they returned, and reported their 
 refpedtive elcftions of the faid additional members, as follows, viz. Of the nobi- 
 lity, the Earls of Haddingtoun and Cromarty ; of the commiffioners for fhires. Sir 
 Gilbert Eliot of Minto, and Sir Thomas Burnet of Leyes ; of the commiffioners 
 for burghs, Sir John Areikine and Sir Peter Halket ; and the Committee was 
 appointed to meet in the Inner Seffion Houfe to-morrow at nine of the clock in 
 
 the forenoon. 
 
 Then the feventh article of Union was again read, and after fome reafoning,, 
 a propofal was made for an explanation and addition, whereby this nation 
 would be fecured againft paying more excife for the two-penny ale than they 
 now do, in thefe terms, " That the thirty-four gallons Englilh barrel of beer or 
 *' ale, amounting to twelve gallons Scots prefent meafure, fold in Scotland by 
 ** the brewer at nine Ihillings fix pence fterling, excluding all duties, and re- 
 *' tailed, including duties, and the retailers profit at two pence the Scots pint, 
 *' or eight part of the Scots gallon, be not, after the Union, liable, on account 
 " of the prefent excife upon excifeable liquors In England, to any higher im- 
 ** pofition than two IhlUings fterling upon the forefald thirty-four gallons Eng- 
 *' lifli barrel, being twelve gallons the prefent Scots meafure." 
 
 And another claufc being likeways offered In thefe terms : " And it Is hereby 
 ** fpecially provided, that the two-penny ale or beer of Scotland ihall be only 
 «' charged with the fame excife as the fmall beer of England." 
 
 After fome debate, the vote was ftated, " approve of the feventh article, as 
 ** to the excife of ale and beer, with the explanation, as contained in the firft or 
 *« fecond claufes above infert ;" and thereupon the faid claufes being read. 
 
 It was agreed. That the members ftiall be marked as they vote, and that a 
 lift of their names, as they vote firft or fecond, ftiall be printed ; whereupon the 
 vote was put, " Approve of the feventh article, as to the excife of ale and beer, 
 " with the explanation, as contained In the faid firft or fecond claufes," and it 
 carried, " Firft.'" 
 
 Adjourned till to-morrow at ten o'^clock. 
 
 OBSERVATION XXVIIL 
 
 The debate of this article had made much more noife out of the Houfe 
 than it did within j fome people had induftrioufiy alarmed Scotland with an 
 
 apprchenfioB,
 
 WITH OBSERVATIONS THEREON. 370 
 
 apprehenfion, that, according to the words of the article, Scotland was to 
 pay equal excife with England ; that is, that as the flrong beer or ale in Eit^- 
 laud paid four fliillings and nine pence per barrel, fo naufl; the common beer, 
 then brewed in Scotland, pay the fame price ; and it was manifeft that this 
 was the opinion of fevcral members of Parliament, by their fpeeches on thii 
 occafion in the Houfe, as well as without. 
 
 On the other hand, others pretended to bring all the ale brewed then in 
 Scotland down to the denomination of Englilli fmall beer, as being not fold 
 for more than fome of the table beer in England was fold for, which paid but 
 as fmall beer, after the rate of one fhilling and three pence per barrel. 
 
 I ihall be very far from offering to make any part of this hiftory officious, 
 in giving an account of any mean Ihare the author had in this affair, yet I 
 cannot omit relating this part of the concern which cafually happened to him 
 in this particular; and it may be mentioned for the fake of the jefl it made in 
 the town, viz. That while it was thouo;ht well done to have a fliare in ftatina- 
 the proportions of the excife, feveral perfons pretended to the title ef being 
 the firfl: contrivers of it ; but when afterwards, on fome clamour railed upon 
 the inequality of the proportions, the contrivers began to be blamed, and a 
 little threatened a-la-moh ; then it was D. F. made it all, and he was to be 
 floned for it : and afterward, when thofe differences appearing but trifles, 
 were, by the prudence of the Commiflioner, reconciled, then they would wil- 
 lingly have re-aflumed the honour of being the firfl formers of this affair. 
 
 It was indeed no fmall difficulty at firff: how to ftate a medium between the 
 two nations ; it had been laid down as a rriaxim. That Scotland could by no 
 means bear the high excifes paid for their ftrong beer in England. It was 
 alfo abfolutely neceflary to regard doing juflice to England, who, paying four 
 fhillings and nine pence per barrel excife, would have had a great hardfhip, 
 if Scotland fliould have had all their beer as Englifh fmall beer. 
 
 Again, the Scots ale, which was fold in the public houfcs, and commonly 
 jjcalled iippony, was in no proportion like the Englifli ftrong be^r, cither in 
 price or in ftrength, being fold for one penny the chapphi, which was near 
 the Englilb quart, by retail, aftei paying a fubfequent excife to the cities or 
 burghs, £\ml not or^e hajf, or ^bove one third as ftrong as the Englifh ale or 
 flrong beer. Upon this I fhall impartially fct down the matter of faft. 
 
 The author of this beir)g fent :|if)r. b,y the Committee of jParliainent then 
 fitting, the lame to whom the fixth article was committed, as is above faid, 
 attended them at their meeting in the Lord Cefnock's chamber; and being 
 called in, the Committee did him the honour to tell hmi, they were in- 
 formed he had fpent fome thoughts on the affair of the excifes, and that he had 
 
 c; C a made
 
 38o MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 made fome calculations : they told him, the Parliament were coming upon 
 the debate of the feventh article, and the great difficulty before them was, 
 to find cut a medium between the Scots and the Englifh excife, fo as might 
 make it tolerable to Scotland, and not give England reafon to take umbrage, 
 or complain of injuftice. 
 
 He frankly owned he thought it would be very hard, and pronofcd what 
 he had formerly infilled on, viz. that the Scots ale or tippony being fold for 
 no more money than the houfhold or table beer in the city of London, which 
 is called eight-fhilling beer, and is often fold for ten fliillings per barrel, the 
 Scots ought alio to pay no more. 
 
 But the Lord Prefident of the feffion objedted, that the Englifli would 
 never be fatisfied with that payment, as not being a juft proportion ; that the 
 adt of parliament was exprefs, that all beer above the price of fix fhillings 
 per barrel Ihould pay as ftrong beer ; that thofe kinds of beer called eight- 
 Ihilling beer, were generally mixtures after the excife was paid ; and that the 
 denomination in England being but of two kinds, it would not be poffible to 
 place this on either head, and to leave it to the method of the eight-fhilling 
 beer in London, would be to lay all Scotland at the mercy of the excife 
 officers, which would be unfufferable. 
 
 This difcourfe put a thought in the author's head juft in the moment; up- 
 on which he told their Lbrdfliips, he thought a proportion to both fides might 
 be formed, taking its rife from the price of the beer, and value of the excife 
 in either kingdom ; and that he thought he could form it for them, fo as that 
 it fhould not grieve either party. 
 
 Upon which their Lordfhips defired him to try : he took the pen and ink 
 and immediately ftated the cafe thus : 
 
 There are in England but two denominations of excifeable beer, fmall and 
 ftrong. 
 
 The fmall was fuppofed in the aft at fix Ihillings per barrel, and payed one 
 fliilling and three pence per barrel excife, which is excluded out of the fix 
 fhillings per barrel. 
 
 The ftrong was fuppofed at eighteen or twenty fliillings per barrel, and 
 payed four fliillings and nine pence excife, which is included in the eighteen 
 or twenty fhillings per barrel. 
 
 There is in Scotland but one denomination of excifeable beer, which we 
 call, as above, for ufe fake, tippony. 
 
 This was fold for about nine fliillings and fix pence fterling per twelve 
 Scots gallons to the retailer, and payed twenty-three pence fterling duty, 
 which is not included in the nine fliillings and fix pence» 
 
 I Note,.
 
 WITH OBSERVATIONS THEREON. 381 
 
 Note, Twelve Scots gallons were fuppofed to hold much about the Eng- 
 llfti ale gauge of thirty-four gallons ; there were fome fractions or fmall dif- 
 ferences, which the Committee did not examine into ; of which by itfclf. 
 
 Taking then this Englifli cxcife from twenty fhillings per barrel downward 
 to nine fliillings and fix pence, or from fix ihillings per barrel upward to 
 nine fhillings and fix pence, and then calculate the excife from either of thofe 
 extremes, and the middle feemed to be a juft excife ; and this projedl had two 
 happy circumftances in it, which cxadtly fupplicd the difficulty. 
 
 For example : 
 
 The price of the Scots ftrong beer being nine Ihillings and fix pence per 
 barrel, exclufive of the excife, and the price of the Englilh beer, reckoning it 
 at twenty fhillings per barrel, inclufive of the excife, being fourteen fhillings 
 and three pence per barrel, exclufive of the excife, nine fhillings and fix pence 
 is to fourteen fhillings aad three pence, as nineteen pence to four fhillings and 
 nine pence. 
 Thus, 
 
 9 s. 6d. flerling is pence 114, the price of the Scots flrong beer, exclufive 
 of the excife. 
 . 14s. 3d. flerling is pence 171. Ditto of the Englilh. 
 
 Two thirds of 171, which is 14s. 3d. is 114, which is 9s. 6d. 
 
 Two thirds of 57 pence, which is 4s. 9d. is 38 d. which is the medium of 
 excife this way. 
 
 Again, if you begin at the loweft rate of the excife, and the lowefl: price of 
 beer, and from thence draw the proportion upward, then two fhillings, the 
 prefent flated excife, is the fame to twelve, as fifteen pence is-to fix fhillings, 
 or fo near it, as they fell the beer inclufive : fo that the difference is no extra- 
 ordinary confequence. For example : 
 
 Twelve gallons Scots, paying two fhillings excife, is fold for twelve fhil- 
 lings flerling, including the duty. 
 
 One barrel Englifh fmall beer, paying one fhilling and three pence excife, 
 is fold at feven fhillings and fix-pence per barrel, inclufive of the duty. 
 
 Note, Two fhillings is one fixth part of twelve fhillings, and one fhilling 
 and three pence is one fixth part of feven fhillings and fix pence. 
 
 Thus the excife of both kingdoms flands upon the fame foot, and are an 
 
 exadt proportion to one another ; and having drawn a rough fcheme of thefe 
 
 proportions, the Commiffioners ordered them to be laid before them ; finifhcd 
 
 the 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 
 
 fuited to his expedations ;• and they fland in the treaty of Union in his very. 
 
 words. 
 
 This.
 
 384 MINUTES OF THE PARLIAMENT W SCOTLAND, 
 
 This Is put down here, not at all to value the merit of the author upon, but, 
 however, to do him juftice againft aflliming pretenders. 
 
 As to the miilake between the brewers and the excifc officers, which fell 
 out afterward in Edinburgh, and which feme people induflrioufly Itrove to 
 blow into a flame, it is explained in its place. 
 
 MINUTE XXIX. 
 
 Friday, November 29, 1706. 
 
 Prayers Hiid. 
 Rolls called. 
 
 Moved, That the obfervations made by the Council of Trade in relation to the 
 export and import of this nation and a balance of our trade, be laid before the 
 Committee, to whom the fixth article of Union is remitted ; and the fame was 
 accordingly ordered : as alfo the clerks of the faid Council of Trade were or- 
 dered to tranfmit to the faid Committee all obfervations, papers and records re- 
 lating thereto. 
 
 Then the Lord Chancellor acquainted the Parliament, " That the Secret 
 *' Council, at their laft meeting, had under their confideration feveral accounts 
 *' of irregular and tumultuary meetings, by fome people of the common and 
 ** meaneft degree in arms, and of abufes committed by them at Glafgow, ftew- 
 *' artry of Kirkcudbright and Dumfries, and feveral places of Lanerk fhire ; 
 ** and that there were papers dropt, inviting people to take up arms, and to 
 ** provide ammunition and provifions, In order to their marching to difturb the 
 ** Parliament ; all which he was diredted by the right honourable the Lords of 
 *' HerMajefty's Secret Council to lay before the Parliament, to the effeft pro- 
 *' per methods might be refolved upon for preventing the evil confequences of 
 *' fuch practices ;" and therefore prefented a letter from the magiftrates of 
 Dumfries to Her Majefty's advocate, " Bearing an account of the abufes and 
 *' tumultuary meetings in that place, with a declaration emitted by thofe who 
 ** met, which was affixt on the mcrcat crofs of Dumfries ;" arid both were 
 read. 
 
 Whereupon a draught of a proclamation to be emitted by the Parliament, 
 " againfl. all tumultuary and irregular meetings and convocations of the lieges," 
 was prefented and read ; and after fome difcourfe thereupon, it being objedcd, 
 ** That it did not appear that there was a particular information of any tumul- 
 " tuary meetings or irregular convocations in any other part of the fhire of 
 *' Lanerk than at Glafgow," 2 
 
 Her 
 
 1
 
 WITH OBSERVATIONS THEREON. 383 
 
 Her Majefty's High Commiflioncr was thereupon pleafed to notify to the 
 Parliament, *' That he had information not only from Glafgow and Dumfries, 
 ** but alfo from feveral places in Lanerk fhirc of tumultuary and irregular 
 ** meetings of men under arms, and of their giving out and publifhing their de- 
 *' fign of marching to difturb the Parliament." 
 
 Thereafter the draught of the proclamation was again read, and after reafon- 
 jng thereupon, and fome amendments, a vote was ftated, " Approve of the pro- 
 ** clamation or not.'' 
 
 And before voting, It was agreed, that the members fliall be marked as they 
 vote, and that the lift of their names as they vote pro or con fhall 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 aft, fufpending the effeift of that claufe in the 
 aft of Security *' for arming and exercifing the fencible men," paft in the fe- 
 cond feffion of this current Parliament; and that during this feflion of Par- 
 liament allannerly, read, and a firft reading ordered to be marked thereon. 
 
 Adjourned till to-morrow at ten o'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 country, that It was no longer to 
 be tampered with : the party who had oppofed the Union had fo far prevailed 
 upon the people, that they began to break all bounds : at Dumfries the arti- 
 cles of the Union were burnt at the market crofs by a number of people in 
 arms, though they were not fo many as was reported at Edinburgh, where 
 they Induftrloufly enlarged thofe reports to intimidate the party that was for 
 the Union, and, if poffible, to fet the mob In Edinburgh to work again j but 
 the guards there did their duty fo effeftually, that there was no more appear- 
 ance in the ftrect, though loud threatnings were made of it. 
 
 As to the burning the articles, it was true that a number of people being 
 got together did publicly burn the articles of the Union, as concluded in Lon- 
 don, with the lift of the names of the Commlffioners of the treaty, and did 
 affix a paper upon the crofs of Dumfries, which they called, " Reafons for 
 *' and defigns In burning the articles, 8cc." after having read the faid paper 
 from the crofs. 
 
 This paper was afterwards printed, and the printer being ordered to be ap- 
 prehended, fled for it till the firft heat was over j and then he appeared again, 
 
 ^nd was not queftioned for it. 
 
 Thft
 
 3S4 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 The copy of the faid paper is added hi the appendix to this work, N°. E x. 
 
 But it is hoped, that whereas the paper mentions fquadrons of foot and 
 
 ■. horfe, and the report was of 5,000 and 7,000 people, 5,000 in arms that en- 
 
 • tered the town, and 7,000 in the hills to fupport thcni. It was all rumour, 
 
 the moft that appeared in this adlion being about 200, and thefe in no fort of 
 
 military order of equipage, as I have noted before. 
 
 Yet was this diforder improved to a great height, and particularly as it was 
 improved to make the Government apprehend the weftern people were re- 
 folved to concern themfelves in this affair, and to take arms againft the Go- 
 vernment. The Parliament was very fenfible of this, and being very loth to 
 have any force made ufe of, they tried all the methods poffible, by proclama- 
 tions, and public repealing the licenfe for muitering, to take away all oppor- 
 tunity of aflembling together, by which the people might be drawn into the 
 fnare. 
 
 It is obfervable, that, even in the Houfe, there appeared fome who were 
 
 -i very loth to have thefe rabbles difcouraged and difcountenanced; and though 
 
 ■ I-could give more particular inflances of it, yet this of objefting againll the 
 
 certaintv of the accounts, viz. " That it did not appear that there was a par- 
 
 " ticular information of any tumultuary meetings, or irregular convoca- 
 
 " tipns ;" this, I fay, is a clear proof of it ; for thefe objedlors were openly 
 
 againft preventing the muttering or aflembling the lieges according to the aft 
 
 of Security, and gave this fuggeftion, viz. Want of information, for a 
 
 o r€afon ; whereas the matter of fa6t was, that the Lord CommifEoner had 
 
 ,■■ /eal and diredt information of this affair of Dumfries, and of private emifla- 
 
 .,,ries gone abroad to excite the people to take arms, and the refpcdtive meet- 
 
 r.;ings of thefe agents or cmifTaries in the county of Lanerk, and elfewhere, 
 
 more than fufhcient to juftify the precautions mentioned in the minute. 
 -r- Upon this debate the proclamation was voted, and the aft of Security, fo 
 :i. far as it concerned this cafe, was repealed, which had various effcfts infeveral 
 -■ .parts of the country; in fome places it really crufhed and prevented their 
 alTembling ; at Glafgow it irritated and provoked them, and made them more 
 furious than before. But generally it had a very good efFeft, for It took away 
 . the pretence which any of the lairds or heads of clans might have had be- 
 fore to have appeared with the people in arms, and under the pretence wherc- 
 -,of they might have been exonerated in law, while an aft of Parliament was' in 
 .:force to. proteft them; for no man could fay, if a gentleman gathered 100 or 
 500 men together, that he had any ill delign ; and though he armed them 
 .-jmdi trained them, and kept them together, he could not be'accufed for any 
 i.Crime, becaufe the law allowed him to do fo, under pretence of arming and 
 difciplining the fcncible men, as authorized by the aft of Security. 
 
 This
 
 WITH OBSERVATIONS THEREON. 38^ 
 
 Tliis appeared therefore fo ncccflary at this tune, that a propofal was Imme- 
 diately brought in to repeal that part of the act of Security, at lead to 
 fufpcnd it for a time. There was great oppofition made to this propofal, and 
 abundance of fpeeches made applauding the aft of Security; how difficult it 
 was obtained, and how much of the liberty of Scotland depended upon it. 
 But the motion being feconded with the ncceflity of the time, and the caufes 
 as above, and withal the propofal being made to extend it only to the time 
 of the prefent fe.Tion of Parliament, as per the vote, it admitted the Icfs op- 
 pofition. 
 
 MINUTE XXX. 
 
 Saturday ^ November 30, 1706. 
 
 Prayers faid. 
 
 Rolls called. ' 
 
 Addrefs of the magiftrates and town council of the burgh of Air, for fuch 
 reftifications of the articles of Union, and fuch cafes of duties and public taxes, 
 as are moft agreeable to the circumflances of this nation, given in and read. 
 
 Addrefs of heretors and others, inhabitants of the town and paroch of Burnt- 
 jfland, fubfcribers of the fame, againfl: an Union v^ith England in the terms of the 
 articles, given in and read. 
 
 Thereafter the aft fufpending the cffcft of a claufe, as to arming and exercifing 
 the country in the aft of Security, pafTed in the fecond feffion of this current 
 Parliament, again read ; and after fome reafoning thereupon, and fome amend- 
 ments, the aft as amended was again read. 
 
 Then the vote was put, " Approve of the aft or not," and it carried, " Ap- 
 " prove," and was touched with the fcepter by Her Majefty's High Commif- 
 fioner in the ufual manner, under the title of " Aft againft all mufters and ren- 
 ** dezvouzes during the prefent feffion of Parliament." 
 
 And the faid aft, and the proclamation mentioned in the minutes of the lafl: 
 federunt, were ordered to be forthwith publilhed and printed. 
 
 Thereafter the feventh article of Union was again read, and after reafoning 
 upon that part thereof not formerly approven, it was put to the vote, " Ap- 
 <' prove of the faid feventh article or not," and it carried, " Approve." 
 
 A print was then given in, intituled, " An account of the burning of the ar- 
 " tides of Union at Dumfries," bearing the declaration "Read and affixtatthe 
 " mercat crofs thereof by the tumult affembled on that occafion ;" and it being 
 moved, " That inquiry fliall be made who has been the printer and ingiver of 
 
 3D " the
 
 .-> 
 
 ae MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " the faid Icurrilous paper, and that the print be burnt by the hand of the 
 " hangman," 
 
 It was remitted to the Committee, to whom the fixth article of Union is re- 
 mitted, to call for the magiflrates of Edinburgh, and to take trial and make in- 
 quiry anent the printer and ingiver of the faid paper. 
 
 Ordered alfo. That the faid fcurrilous print be burned by the hand of the 
 common hangman at the mercat crofs of Edinburgh upon Monday next, be- 
 twixt eleven and twelve o'clock, and the magiilrates of Edinburgh appointed to 
 fee the order punctually executed. 
 
 Then the eighth article of Union was read, and remitted to the Committee, to 
 whom the fixth article is remitted. 
 
 " Ad: for adjourning the feffion till the firft day of January next," read, and a 
 claufe was offered to be fubjoined thereto, in thefe terms: " And farther. Her 
 " Majefty, with advice and confcnt forcfaid, ftatutes and ordains, that the 
 " feffion, which is appointed to rife the lafl day of February next, be continued 
 " to fit, for adminiftration of juftice to the lieges, from the faid day to the laft 
 " day of March 1 707 years inclufivc." 
 
 Which being read, the confideration of the faid claufe delayed till the adl be 
 again read, and a firft reading was ordered to be marked on the aft. 
 
 Thereafter it was intimate to all fuch members as gave in any overtures or 
 claufcs relating to the fixth article of Union, to attend the Committee next 
 Jederunt, 
 
 Adjourned till Tuefday next at ten o'clock. 
 
 OBSERVATION XXX. 
 
 The debates of this day were principally taken up about repealing the 
 claufe of the ^&. of Security anent arming and exercifing as before, and 
 .treat ftruggles were made to preferve the claufe ; but it looked fo like abet- 
 ting the tumults, which were now in their height, that no man could fpeak 
 heartily to it ; for all men pretended, at Icaft, to difown the defign of rab- 
 bling the Parliament, and breaking up their confultations by tumults and vio- 
 lence ; but yet, as f?a- as they could drive it, they oppofed this vote. 
 
 At iafl it was carried, and the afl was touched, and is printed in that part 
 of thii work mtitlcd, " Of the carrying on the treaty in Scotland," p, 282. 
 
 The paper about burning the articles at Damfreis was now cenfured, and 
 the printer kept out of the way fome time j but no proceedings were made on 
 al, only that the paper was burnt by the hangman according to the order. 
 
 The difficulties, of the lixth, feventh, and eighth articles, being generally 
 tcfpeding taxes, cxcifes, fult, exportations and Importations; &c. of trade, 
 
 were
 
 WITH OBSERVATIONS THEREON. ^Zj 
 
 were referred to the Committee to fettle, and fliall be fpokcn to as they came 
 z^r-'vi. i~..- fore the Houfe. 
 
 it is to be obfervcd, among the great cro\id of addrefles that had been 
 
 b-.o'.:' ' '■ ' ' 'le, one of this day from the burgh of Air differed from 
 
 '- r vvas not as others, " againft an Union with Englai^.d in 
 
 '.!-tTcle<5 ;" but was for " Reclification of the articles, and 
 
 had fome feeming foftnefs in it, and appeared more 
 
 'icrs : and the Parliament feemed generally inclined to 
 
 :'nd cafe of taxes, and the references to the Com- 
 
 oTpeci; the difliculty lay how to regulate and fo go- 
 
 .:ii to make them equal to both kingdoms J reafonable 
 
 md rcafonable in England to comply with, that fo the 
 
 ir ?s poffible, be eafcd, the circumilances of both kingdoms 
 
 ■ ' 'J England not be impofedupon; for they were not igno- 
 
 . . :, u'.ii; t.n, 'o ,vere vigilant endeavours at work' to obtain fuch amcnd- 
 
 u.ei.t,s as England fliould illck at, and as might, at leaft, occafion the treaty 
 
 to be fent back to Scotland for farther arnendments ; and then they would be 
 
 able to raife fuch farther difficulties, that the time might expire upon their 
 
 hands, and then the whole work had been to do over again. 
 
 MINUTE XXXI. 
 
 Tuejda)\ December 3, 1706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the following addrefles were given In and read, viz. Addrefs of tht 
 merchants, deacons, trades, and other inhabitants, of the burgh of Air, lub- 
 fcribers of the fame ; addrefs of barons, freeholders, heretors, and others, of 
 the four parochins ofGlenkenns, in the Ihire of Galloway, fubfcribing the fame; 
 and addrefs of the magiflrates, town council, burgclTes, and inhabitants, of the 
 burgh of New Galloway, fubfcribers of the fame : all againfl: an Union with 
 England in the terms of the articles. 
 
 Thereafter the " Ad; adjourning the feflion till the firft of January next" was 
 again read, as alfo the claufe continuing the fitting thereof from the laft ot 
 February till the laft day of March next inclufive, infert in the minutes of the 
 lafl: fcderunt ; and after debate, it was put to the vote, " Add the claufe or not,'' 
 and it carried, " Add." 
 
 And the claufe being added, the vote was put, "Approve ^^^ -^ or not," 
 
 and it carried '« Approve," 
 
 3 D 2 , Ordered,
 
 388 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Ordered, Tliat the Council of Trade do meet and give in their oblervations 
 as to export and import, and balance of trade, to the Committee to whom the 
 fixth and eighth articles are remitted, and that betwixt and the next federuni 
 of the faid Committee. 
 
 Then the ninth article of Union was read, and, after reafoning thereon, it was 
 moved. That fix months cefs fhall be the quota of the tax to be impofed on 
 Scotland, in place of eight months agreed to by the faid article, and after de- 
 bate thereupon, 
 
 A vote was flated, " Approve of the ninth article or not." 
 
 And thereupon a fecond itate of a vote was offered, viz. " Whether fix 
 " months cefs or eight months cefs ftiould be the quota of the tax to be charged 
 " on Scotland." 
 
 Then the vote was put, " Which of the two fhould be the ftate of the vote, 
 " firfl or fecond," and it carried, " Firft." 
 
 Whereupon it was put to the vote, " Approve of the faid ninth article or not," 
 and it carried, " Approve." 
 
 Thereafter the tenth, eleventh, twelfth, and thirteenth articles of Union 
 were all feverally read, and were feparately voted and approven. 
 
 The fourteenth article of Union read, and the confideration thereof delayed 
 till TLfntfederunt, to be then proceeded upon previous to all other bufinefs. 
 
 Aft adjourning the fefliion to the firfl day of January next, and continuing the 
 fitting thereof from the laft of February till the lafl day of March next inclu- 
 five, touched with the fcepter by Her Majefty's High Commiffioner in the 
 ufual manner. 
 
 Adjourned till Thurfday next at ten o'clock. 
 
 OBSERVATION XXXL 
 
 The ninth of the articles of the Union could admit of no debate; but whe- 
 ther the eight-months cefs agreed to be the proportion of Scotland, to the land 
 tax of four Ihillings per pound upon rent in England, were founded upon a true 
 fcale of equalities. I have already ftatedthis queftion in the obfervations on 
 the minutes of the treaty at London, and need not repeat them : but obferve, 
 that the propofal now made of fix months cefs, to the Englifh two million 
 land tax, had no arguments at all to fupport it, that could be made good by juft 
 proportions ; neither were there any fchemes offered to the Houfe to form 
 any other proportions from, or to prove any thing of equalities upon ; fo the 
 making this offer produced no other effc(ft than the bare reciting the feveral 
 calculates and proportions upon which the other was formed, and which had 
 been approved in the treaty at London ; and upon an eafy examination they 
 3 appeared
 
 WITH OBSERVATIONS THF.REON. 3R9 
 
 appeared fo juft, that nothing could be offered of any rerd weight to move the 
 Parliament to alter it; fo this claufe paft with fmall difficulty. 
 
 The tenth, eleventh, twelfth, thirteenth articles, required no debate, con- 
 lifting only of exemptions to Scotland from fcveral duties and taxes paid in 
 England, which could not be extended to Scotland, fuch as Ihmpt paper, 
 ' which in Scotland could not confiO; with the methods of the law, nor be born 
 in trade ; or the windew lights, which was determined not to be continued 
 in England, and the coal and culm, which, according to the method of that 
 tax in England, did not reach to the coal in Scotland, other than fuch as 
 fliould be carried into England, or exported into foreign parts, which were 
 exprellly provided for in the claufe, in thcfe words, " That Scotland fhall be 
 *' charged with the fame duties as in England for all coal, culm, and cinders, 
 *' not confumed 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 w^is provided againll in the next article. 
 
 MINUTE XXXII. 
 
 ^hurfday, JDecemher 5, 1706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 The Parliament w^as then acquainted, That the Report of the Committee 
 anent the calculation of the equivalent remitted to them, was ready, and in the 
 clerk's hands; and that all perfons concerned may fee the fame, 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 amend- 
 ment and addition thereto was offered in thefe terms : " And that the part of 
 " the united kingdom now called Scotland, fhall not in all time coming be 
 " charged with any malt tax, or any other cufloms, excifes, taxes, or any other 
 " burdens or duties than thefe confented to in this treaty." 
 
 And after fome reafoning upon the firll part of the faid claufe in relation to 
 the malt tax, it was propofed. That the amendment Ihould be in thefe terms, 
 with this farther provifion, " That any malt to be made and confumed within 
 " that part of the united kingdom now called Scotland, fliall not be charged 
 *' with any impofitlon on malt during this prefent war." 
 
 And after fome farther debate, the vote was flated, " Whether the exeniption 
 " from any impofition on malt fliall be temporary or perpetual." 
 
 Then
 
 390 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Then the vote wcz pu::, " Whether the exemption fliall be temporary oi' per- 
 " pctual," and it carried " Temporar}/" 
 
 Thereafter it was pronoied. That the exemption Ihall be during this prefent 
 \var. 
 
 It was alfo propof: J. '"hat thei. i ll::ul be for a longer time. 
 
 And after debate thtrtcn, the •. ■"'stcd, '' Whether the exemption 
 
 •*' from any impofirion on rhaltfh".'' /'lis prefer,t war, cr for a longer 
 
 " time," and it carried '•' D^-:' 
 
 Then the article as amended . .d the'farther confideration 
 
 thereof delayed till next y>ifc-ra?z/ - ' ' ^^ proceeded upon 
 
 previous to all other buiincfs. 
 
 Adjourned till to-morrow at : . . 
 
 O B S E R V .\ : . n N XXXIL 
 
 The affair of the malt tax came upon the itagc in the debate of the four- 
 teenth article, becaufe it was but a temporary tax in England ; raid there- 
 fore v.as to be confidered amongfl: thefe things which the Parliament of 
 Great Britain might hereafter lay taxes upon. 
 
 The treaters had acquiefced in a fuppofition oiTe-ed in England in thefe 
 words : " That the Parliament of Grcjr Britain could not be fuppofed to lay 
 " any forts of burdens upon the united kingdom, b\it v,hat they Ihall find of 
 " neceflity at that time for the prefervation and good of the whole, and with 
 " due regard to the circumflanees and abilities of every part of the united 
 " kingdom; therefore it is agreed, that there be no farther exemption in- 
 *' fifled upon for any part of the united kingdom, but that the coniideration 
 " of any exemptions beyond what are already agreed on In thib treaty, ihall 
 " be left to the determination of the Parliament of Great Britain." Upon 
 this account they did not infill upon exemptions of duties any farther than 
 the faid duties v>ere then extended in England. But people were now come 
 to a greater length, and they did not care to trufl the Britifh Parliament fo far. 
 They had encouraged all manner of jealoufies of the Britifh Parliament; the 
 people had received no notions but of Scotland's being aluays oppreffed by 
 them, both in civil and religious concerns; and that therefore nothing was to 
 be left to them. That the Britifh Parliament was to be fenced agamfl as a 
 declared enemy, and the rcprefcntatives of Scotland being like to be but a 
 few, viz. forty-five to five hundred and thirteen; they were to be crufhed by 
 number, outvoted, and difregarded in every thing relating to Scotland. 
 
 There is no more wonder to be made that they were for making every 
 thing fccure, and fettling it to points and pundilios, who had entertained fuch 
 
 notions
 
 WITH OBSERVATIONS THEREON. 391 
 
 notions as ihcfc. The malt tax therefore being acknowledged iiifupportabld 
 in Scotkmd, and the treaters having determined it fo, and exempted Scotland 
 from it, for as long time as it was now in foree in England: the Parliament 
 building upon that fuppofition, refolvcd to determine the time of the ex- 
 emption, that they might be fiire of it. 
 
 It was moved very briikly, That Scotland fliould for ever be exempt from 
 k ; but that went not far, as appears in the vote; fome were for a certain term 
 of years, fome for an exemption during the war, others for a certain number 
 of years after the war. 
 
 The exemption during the war feemed the mofl; rational, becaufe it was 
 known that the tax upon malt was a temporary tax, given but upon the 
 emergence of the war ; and as the gentry of England were with difficulty 
 brought ro fubmit to it, fo they were not eafy under it, and would never fufter 
 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 fliould continue it; and therefore to exempt Scotland during 
 the war, was a total exemption in its kind, and feemed fufficicnt. This was 
 oppofed a little ; but, as being a point gainc', thofe who fought the regula- 
 tion of conditions onl\ , came freely into in, and lb it paffed. 
 
 M I N U T E XXXIir. 
 
 ... . . ■ , w "• 
 
 Friday, December 6, 1706, 
 
 Prayers faid. 
 
 Rolls called. 
 
 The fourteciitb article of Union, zs amend-cd, again read ; alio the claufe offered 
 to be added to the faid article, infert ia 'lihe aicij-^stcs of the laft Jtdrrunt, as to the 
 exemption from any other cuftoms. arcifcs, taao.i, or any other burdens or du- 
 ties than thofe con'.cnted to in this treaty. 
 
 There were two ftates o-f a vote propofcd; the firftinthefe terms, " Approve 
 " of .the article as amended or not ;" and the fecond in thefe terms, " Approve 
 " or amend," 
 
 And before voting it was agreed. That the members fhail be marked as they 
 fliall vote in both votes, and that the lift of their names fhall be recorded and 
 printed accordingly. 
 
 Then it was put to the vote, " Which of the two fliall be the ftate of the vote, 
 
 ** €rft or fecond," and it carried '' Firft." 
 
 Thereafter
 
 59^ MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Thereafter the vote was put, " Approve of the article as amended or not," 
 and it carried, " Approve." 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XXXIII. 
 
 The debate of this day ran only upon the affair mentioned before, viz. 
 Whether they ftiould depend upon the Britilh Parliament maintaining a jufl 
 and equal regard to the good of the whole united ifland after the Union, and 
 that they would have refpedt to the circumftances of every part in their laying 
 on taxes, or whether they fhould pin them down in all time coming, that no 
 other burdens or taxes fhould be laid on than thofe already mentioned. 
 
 The fuppofition of the Parliament of Britain being partial againft Scot- 
 land, and the reprefentatives of Scotland being few, being opprelTed and out- 
 voted, as I have noted already, though it was a popular notion, and improved 
 to an extravagant height without doors, yet it had not obtained fo as to be 
 owned in Parliament; nor indeed could any man, with juft reafon, have fup- 
 pofed fuch a thing ; and therefore to offer at a pofitive limitation on the Par- 
 liament of Britain, feemed to have fomething in it very harlli. 
 
 Again it was alledged, That to limit the Parliament of Britain not to lay 
 on any other cuftoms, excifes, taxes, duties, or burdens, than thofe confented 
 to in this aift, was to take away the power from the people of Britain, to con- 
 form their affairs even to their own circumftances, fiace the time might come 
 when fome of thofe duties might become burdenfome that now were not fo ; 
 and others, which now would be burdenfome, might be more for the public 
 fervicc ; but to tie the Parliament down abfolutely, as in thisclaufe, would be 
 to limit them from making alterations in the public taxes, though apparently 
 for the public advantage, and would in effcd take from them that power for 
 which they v\ ere really conftituted, viz. To difpofe of the people's purfes, and 
 redrefs their grievances. 
 
 It was long argued. That the Parliament ought to be limited in this cafe, 
 becaufe of the danger there was of Scotland being burdened with intolerable 
 taxes, and of the prefent circumftances of Scotland which were allowed to be 
 unable to bear them; that, under the pretence of alteration of taxes, op- 
 preffivc duties might be laid upon Scotland, which, though they might be 
 tolerable in England, were not fo here, and they ought to provide againft them. 
 
 But it was refolved at laft into this. That all future contingencies muft be 
 left to a Britifli Parliament, and the words of the articles contained a fuffi- 
 cient reafon for fo doing, viz. " It could not be fuppofed that the Par- 
 " liament of Great Britain will ever lay any forts of burdens upon the 
 ''^''''united kingdom, but what they ftiall find of neccflity at that time for 
 " the prefervation and good of the whole, and with due regard to the cir- 
 
 " cumftances
 
 WITH OBSERVATIONS THEREON. 393 
 
 ", cumflanccs and abilities of every part of the United Kingdom; therefore 
 *' It is agreed, that there be no farther exemption infiftcd' upon for an/ 
 ** part of the United Kingdom, but that the confideration of any exemptions, 
 " beyond what are already agreed on in this treaty, fhall be left to the de- 
 " termination of the Parliament of Great Britain." 
 
 And thus, with fomc difficulty, the claufe was paflcd without any far- 
 ther amendment. 
 
 MINUTE XXXIV. 
 
 Saturday, December 7, 1706, 
 
 Prayers faid. 
 
 Rolls called. 
 
 The fifteenth article of Union read, and thereafter the firfl claufe or paragraph 
 thereof again read, as alfo the Report brought in from the Committee for exami- 
 ning the calculation of the equivalent, being as follows : The Committee of 
 Parliament, to whom the confidering of the calculation of the equivalent was 
 remitted, having confidered the report made to them by Doftor James Gre- 
 gory, profeffor of the mathematics in the college of Edinburgh, and the re- 
 port made by Dottor Thomas Bowar, profeffor of the mathematics in the col- 
 lege of Aberdeen, of their feveral and refpedtive examinations of the calcul, 
 and grounds thereof, whereupon the Commiffioners, in treating the article for 
 eflabliihing the equivalent, did proceed ; and alfo having confidered the re- 
 port of the Sub-committee thereanent, they find, that the computation of the 
 equivalent, mentioned in the article is juft, and that the calcul is exaft, and 
 well foxmded in the terms, and in manner expreffed in the faid article. 
 
 Whereupon it was propofed ro delay the confideration of the faid fifteenth 
 article, until reports be brought in. In relation to the fixth and eighth articles 
 from the Committee to whom the faid articles are remitted. 
 
 And after debate thereon, it was agreed, that the proceeding on the fifteenth 
 article fhall not be underftood to be any determination of the fixth or eighth 
 artieles that ftand committed, but that the reafoning and voting on the fixth 
 and eighth articles fhali be entire. 
 
 Then a ftate of a vote was offered in thefe terms, " Approve of the firftpa- 
 *' ragraph of the fifteenth article or not ;" 
 
 But It being moved, " That the Parliament firfl: confider whether we fliall 
 
 *' be concerned In the payment of the Englifh debts :" a fecond ftate was 
 
 thereupon offered, " Whether we Ihall engage in the payment of the debts of 
 
 '* England, yea or not. 
 
 3 E And
 
 394 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 And after fomc reafoning thereon, it was put to the vote, which of the two 
 fhoukl be the ftate of the vote, firft or fecond. 
 
 And before voting it was agreed, that the menibers votes fhall be marked, 
 and that a lift of their names as they fhall vote Ihall be printed and recorded. 
 
 And the Lord Beilhavcn gave in a proteft as follows : " I do proteft in my 
 '^ own name, and in the name of all thofe \vho do adhere to this my proteft, 
 ** that the vocino- and agreeing to the firft claufe of the fifteenth article of the 
 *' treaty of Union, doth no ways infer any manner of confent or agreement, 
 " that Scotland ftiould be liable to the Englifti debt in general, but that it may 
 " be lawful to objedt againft any branch" of the faid debt not already deter- 
 '• mined :" Aiid he took inftruments thereupon, and the Duke of Hamilton,, 
 the Earl of Selkirk, the Lord Saltoiin, Andrew Fletcher, of Saltoun; Sir Hum- 
 phrey Colquhoun, of Lufs ; David Bethun, of Balfour; Major Henry Balfour, 
 of Dunboig ; Mr. Thomas Hope, of E.ankcllor ; Alexander Watfon, and Mr. 
 Robert Frazer, adhered thereto. 
 
 Then the vote was put, " Firft or fecond," and it carried, " Firft." 
 
 Thereafter it was put to the vote, " Approve of the firft claufe or paragraph 
 « of the fifteenth article or not," and it carried, " Approve." 
 
 Her Majefty's High Commiffioner, and the eftates of Parliament, did re- 
 commend the perfons employed in the calculation of the equivalent by the 
 Committee, to whom the examining thereof was remitted, to the Lords of 
 IHer Majefty's Treafury, for a gratification for their pains. 
 
 Adjourned to Tuefday next at ten o'clock. 
 
 OBSERVATION XXXIV. 
 
 They were now come to the great article of the equivalent : It had been 
 offered at in the fifteenth article, and by confent referred to a Committee ; 
 
 ^ which committee had fpent a great deal of time upon it ; had examined all 
 the calculations made by the clerks employed in London during the treaty; 
 had caft up the interefts, and the valuation of years, to reduce every 
 annual payment upon ready money, upon equal rebates and allowances; 
 and their report was now brought in, by which it appears, that the calcu- 
 lations made in England were very juft, fo that no objeftion lay againft that 
 part of the work. 
 
 The firft queftion then was. Why Ihould Scotland concern itfelf in pay- 
 ing England's debts at all ? And on this head it is neceflary to be fomething 
 large, fince the learned debates on this head filled the whole nation, and the- 
 oppofers of the Union advanced abundance of obje«ftions againft the very 
 thing cqjlcd an equivalent ; in the firft place, as nccdlds and impertinent ; 
 
 4 that
 
 WITH OBSERVATIONS THEREON. y^^ 
 
 that England fliould pay its own debts, and keep her own money, and ttic 
 like ; that to make Scotland pay taxes, and then give her an equivalent, 
 v/as doing nothing as to equalities, for that though it might bs an equality, 
 nationally fpcaking, it had no perfonal juftice or equality at all ; fince, the 
 private perfons that fhould pa)^ it, would- never receive any equivalent for 
 
 -tlae injury they received. 
 
 Some anfwcrs to this I fliall fet down here, as they were argued in the 
 Houfe, and after made public by an honourable member of the Parliament, 
 
 .now Baron of the Exchequer in Scotland, Mr. Clark, of Pennycook. 
 
 1. That no comminiication of the trade of England can be given to the 
 fubjeds of Scotland, unlcfs we arc fatisfied to pay equal cuAoms and duties 
 .upon export and import, and equal excifes. The reafon is plain ; for other- 
 wife, the merchants refiding in Scotland would be put in a condition to 
 ruin the whole trade of England. 
 
 2. That an equality of excifes in both kingdoms, is as neccffary as an 
 equality of cuftoms; for, not only all immediate burdens on trade are to be 
 regarded, but even thefe things which affeft and influence trade. 
 
 3. That though a focderal Union was pradlicable between the two king- 
 doms (as I believe it is not) yet even by that Union, we behoved to un- 
 dergo the burden of equal cufloms and excifes, otherwife there could be no 
 communication of trade. 
 
 4. That a great part of the Englifh cufloms, and excifes is appropriated 
 towards payment of their debts; fo that the paying of the Englilh debts 
 and the paying of equal cuftoms and excifes, are almoft reciprocal terms to 
 fignify one and the fame thing, or otherwife, that thefc cufloms and excifes 
 payed after the Union, will be appropriated towards paying our own debts, 
 which is the fame, as Ihall more fully appear hereafter. 
 
 5. That thefe debts (being after the Union to be called the debts of 
 Great Britain) are fo neceffary and inevitable burdens on Scotland, that nei- 
 ther by an incorporating or focdcral Union with England, can Scotland be 
 free of them ; fince, as was faid before, they are included and wrapped up 
 in the very notion of equal cuftoms and excifes. 
 
 From thefc pefitions it follows, that fince under all forts of Union, what- 
 foever, with a communication of trade, we muft be fubjeded to equal cuf- 
 toms and excifes, and that a great part of thefe is applied towards payment 
 of the debts of England, therefore, in common juftice, a provifion behoved 
 to be made to Scotland, for re-imburfing what we fliall be charged oft the 
 fcore of thefe debts, which by this article of the treaty is called an equi- 
 valent. 
 
 3 E 2 This
 
 r96 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 This equivalent is fo contrived and adjufted, that thereby we cannot pro- 
 perl)' look on ourfelves as engaged in the Englifh debts, for no man can be 
 properly faid to pav a debt for another when the money is either advanced 
 before hand to the payer, or at fartheft, the next moment after it is payed 
 our, which will be Scotland's cafe. 
 
 It was evident that a communication of trade was the intereft of Scot- 
 land, and was the cleareft advantage on the Scots fide, and moft unexcep. 
 tionable in the whole treaty: it was impoffible this communication of trade 
 could be eftablifhed, and could be entirely free, unlefs an equality of cuftoms, 
 excifes, and of all forts of payments were fettled at the fame time; fo that 
 thefe people who were fo backward to come into the Englifh debts, were 
 leading into a rejedling the only advantage which they themfelves ac- 
 Icnowledged was to be had by the Union. 
 
 The equality of excifes and cuftoms being thus abfolutely necelTary, the 
 Englifh debts came to be concerned, becaufe the cufloms and excifes of Eng- 
 land, being appropriated as funds to pay the interefl of annuities, and fuch 
 like incumbrances, the fame duties in Scotland, would of courfe run in the 
 fame' channel, come into the fame charge, and under the fame incumbrances ; 
 and it could not be otherwife, without running things into all manner of 
 Gonfulion, 
 
 The treaters in London had been convinced of this, and therefore readily 
 came into it, demanding an equivalent to Scotland, fuited to fo much of the 
 Scots revenue, as fhould be fo appropriated to the payment of the Eenglifh 
 debts. 
 
 But it was the hardefl thing in the world, to make the people in Scotland 
 apprehend it : not but thofe who were more immediately concerned in the 
 debating it, underftood it well enough; but it ferved as a handle to rally the 
 Union, and the thing being rendered as intricate to the common people as 
 poflible, that they might be the more moved to oppofe it ; thefe ignorantly 
 running away with a notion, that Scotland was to pay the Englifh debts, 
 began to rage at the treaters again, and cry out, they were fold and betrayed; 
 to tell them of an equivalent, was to ftiy nothing ; and, as many did not un- 
 derfland it, fo they that did, would not feem tounderftand it ; the very word 
 became proverbial, and was the jefl of converfation, till the averfion to it 
 Tendered it in a manner contemptible. To bring Scotland in to pay the Eng- 
 iifli debts ! What, was not Scotland poor enough already ? Was this the 
 advantage of the Union ! It could not be fuffered, and the treaters had be- 
 trayed them. Such difcourfe as this was the fubjedt of the common people's 
 converfation, and the anfwering them with the flory of an equivalent to be 
 paid them was to tell them fomething which they neither underflood nor 
 
 entered into the examinaton of. . 
 
 It: 
 
 1
 
 WITH OBSERVATIONS THEREON. ' 397 
 
 It would be very hard to dcfcribe how this kuid of difcourfe irritated th« 
 poor people, and how they were impofed upon in the daily accounts fpread 
 of this new wonder called the equivalent, of which calculations were made ; 
 reprefenting, that in a year, Scotland would repay all the money advanced 
 from England, by the increafe of cuftoms and excifes; and fo after that 
 rate, notwithftanding of the equivalent, Scotland would be drawn into an en- 
 tail of taxes for an hundred years, to clear off the vafl debt of twenty millions 
 which England was now liable to. 
 
 I Ihall have occafion to anfwer this in a fubfequcnt obfervation : but I 
 cannot but note, that by a due calculation laid before the Parliament, it was 
 made very plain, that England would be fo far from being reimburfl in a 
 year, as above, that reckoning the common intereft 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 raonev to Scotland would not be repayed in ninety years. 
 
 Yet was not all this able to allay the prejudices of the people at the aflfair 
 of paying the Englifh debt, which they run away with fo eagerly, and fo 
 univerfally raged againft, that had not the rabbles been in gaod time crufhed 
 before, and that fo effedrually, 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 offered by degrees, the work of this day was only to debate 
 the firft claufe, viz. Whether Scotland fhould be entirely free from the 
 Englifh debts, or whether they fhould come in to the appropriations of vhe 
 EngHlh duties, accepting of an equivalent ; and after a very warm debate^ 
 the cafe was carried as by the minute. 
 
 MINUTE XXXV. 
 
 Tuefday, December 10, 1706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Addrefs of heretors and commons of the town and paroch of Douglafs^ 
 fubfcribing the fame ; and addrefs of parochioners of Carmichael and Petinean, 
 fubfcribers of the fame ; both againft an Union with England in the terms of 
 the articles, were given in and read. 
 
 The fixth article of Union again read, as alfo a report of the Committee to 
 whom the fame was remitted in the terms following, viz. " The Committee 
 
 of
 
 y$ MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 ' »f Parliament appomted.for confiderliig the fixth 'article of the treaty" of 
 ' ;Union, and propofals mad-e in Parliament relative thereto, having confi- 
 ' ;dered the claufc under written, auent the prcnaiums and rewards for export- 
 ' -ing of viftual, are of opinion, that the claufc after mentioned be added 
 ' -to the article of Union, whereof the tenor follows, viz. ' And feeing by the 
 ' •* laws of England, notwithftanding there are rewards granted upon the ex- 
 ' i* portation of ccriaih kinds of grain, wherein oats grinded or ungrinded are 
 ' ' not fpccificd; that from and after the Union, when oats fhall be at fifteen 
 ' ■* iliillings flerling, per quarter or under, there fhall be payed two fh'illino- 
 ' -'.and iixpence fterling, for every quarter of the oatmeal exported in the 
 ' .' terdns ofthe law, w-htereby, and fo, Iftng as rewards are granted for expor- 
 ' ;' station pf other grains, and: th'atth«,. bear ^f Scotland have the fame rewards 
 ' ' as barley." 
 And upon a motion, " That the premium to' be allowed fhould 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 o'clock. 
 
 OBSERVATION XXXV. 
 
 ' ■'" The committee to whom the fevcral articles about trade were referred, 
 began now to make their reports, and beginning with- the fixth' article coni 
 cerning equalities of allowances and encouragements, they made their re- 
 port about the allowances on exporting viftual, by v/hich is underfl:ood 
 corn onlv, which is commonly called viftual in Scotland. 
 
 The allowance here offered by the Committee, was on thefe confidcrations : 
 It had been ufcd in England to give a bounty or allowance on the exporta- 
 tion of grain, to encourage the merchant to export, it being a fure rule in 
 trade, that all the mere produft of the earth which can be fparcd and ex- 
 ported abroad, over and above the necefiary confumption of the nation, is 
 clear gain to the public flock. 
 
 But oats in England had no allowance or bounty on the exportation, be- 
 caufe it was generally fuppofed, that England had never any quantity of oats 
 to f[>are more than they confumcd among themfelves, but were ratlier always 
 ready to buy oats from abroad than to export them. 
 
 On the other hand, oats being the principal kind of grain fowed in Scotland, 
 it was equally necelfary to encourage the exporting of oats, as it was to en- 
 courage the exporting of wheat in England. 
 
 But this was anfwered, by telling them, that there v/as no need of propof- 
 
 "ing a bounty upon the exportation of oats, for that England would always 
 
 take off whatever quantity of oats they could part with ; and to offer a bounty 
 
 * for
 
 WITH OBSERVATIONS THEREON. ' 3^9 
 
 for exportation of that: abroad, which was really wanted at home, was ab- 
 furd, contrary to the rules of trade, and the nature of the thing. Farther 
 it was oficred, that fliould a bounty be offered on the exportation of oats, 
 the out-ports in England, which now fupply London, lying ready for the 
 trade to Holland and Flanders, would fend all their oats abroad, and London 
 would not be fupplied but upon dear rates. 
 
 Thefe arguments prevailed with the Committee as to oats; but there be- 
 ing a very gainful trade carried on from Scotland to Norway for oatmeal, 
 which it was worth while to encourage, as a trade that generally brought 
 into Scotland a great deal of bullion and money in fpecie; the Committee 
 thought fit to place a bounty upon the exportation of the oatmeal as per 
 the vote, and the ftate of the time when the faid bounty fhould be paid 
 being fixed, when oats fliall be no higher than fifteen fiiillings per quarter,, 
 there could be no danger that the greatnefs of the export Ihould influepxe 
 the market at London, lb as to make oats fcarcc or dear; fincc, after they 
 came to fifteen {hillings per quarter, no bounty money could be demanded. 
 
 This was founded upon fo jufi: a calculation of equalities in trade, that 
 it met with no oppofition in the Parliament. 
 
 MINUTE XXXVL 
 
 Wednejdayi December 11,, i7o6». . 
 
 prayers faid. 
 
 Rolls called- 
 
 Then the following addreffes were given in and read, viz. addrefg of the 
 Prelbytery of Dumblain, fubfcribing the fame ; addrefs of the Prcfbytery of 
 Hamilton, fubfcribing the fame ; addrefs of the inhabitants of the parochins 
 of Caputh, Lethendy, Alyth, and Kinloch, in Perthfhire, fubfcribers of the 
 fame ; addrefs of the inhabitants of the parochins of Errol, Kilfpendie, Kin- 
 naird, Inchture, Longforgan, St. Madoes, and Kinfauns, in Perthlhire, fub- 
 fcribing the fame ; addrefs of hcretors, the minifter, elders, and heads of fa- 
 milies, in the paroch of Logie, fubfcribers of the fame ; and addrefs of the 
 parochins of Airth, Larbert, Dunipace and Deny, fubfcribing the fame ; all 
 againft an Union with England in the terms of the articles. 
 
 Thereafter a propofal given in for a farther addition to the fixth article, in 
 thefe terms, viz. " And that there be likcwife a premium allowed for the ex- 
 " portation of oats proportionally with the meal, compting three bolls of oats 
 " to one quarter of meal ;" fo that the premium may be ten ihillings Scots for 
 every boll of oats exported. 
 
 ■ Which being read, after debate thereupon, it was put to the vote, " Allow 
 " a premium on the exportation of oats or not;" and it carried, "Not." 
 
 Then
 
 <.4oo MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Then a fecpnd report of the Committee, to whom the fixth article is remitted, 
 was brought in and read, in thefe terms : " The Committee of Parliament ap- 
 '' pointed for confidering the fixth article of the treaty of Union, and propofals 
 " made in Parliament relative thereto, having confidered the claufe under written, 
 ■*' are of opmion, that it fhould be added to the articles of Union as follows ; 
 *' ' And in refpecl the importation of viftual into Scotland from any place bc- 
 " ' yond fea would prove a difcouragement to tillage ; therefore, that the pro- 
 " ' hibition, as now in force by the law of Scotland, againfl: importation of 
 *' ' victual from Ireland, or any other place beyond fea, into Scotland, do, after 
 *' ' theUnion, remain in the fame force, as now it is." 
 
 And after fome reafoning, it was propofed to add to the above report the 
 fubfequent claufe, viz. " Until more proper and effeftual ways be provided by 
 ^' the Parliament of Great Britain, for difcouraglng the importation of the faid 
 " vi(flual from beyond fea." And after fome farther reafoning, the laid report 
 was agreed to, and it was put to the vote, " Add the above claufe to the faid 
 *' report, or not," and it carried, " Add." 
 
 Thereafter an overture for an adt for additional premiums on exportation of 
 vidtual, to commence the firft of February, and to end thelaft of April, both 
 next to come inclufive, given in and read ; and agreed, that the fame be taken 
 into confideration immediately after the reports relating to the fixth article of 
 Union. 
 
 Then a third report brought in from the faid Committee was read in thefc 
 terms : " The Committee of Parliament appointed for confidering the fixth 
 *' article of the treaty of Union, and propofals made in Parliament relative 
 *' thereto ; having confidered the claufe mentioned in the twenty-fc\enth day's 
 " minutes, anent the makbg and exporting of plaiding, fingrams, Galloway- 
 ** whites, farges, flockings, and all forts of linen, to England, dominions^ 
 *' and plantations thereof, or any part beyond fea, free of any duty or impo- 
 " fition ; and having confidered the Englifli adts of Parliament relative thereto, 
 '' particularly the 3 2d ad: /);-/»;<? G«//V/w/ 6? Man>, and the 20th adt Gul. un- 
 " decimo ^ duodecimo, in regard there appears to be no reftraint at prefcnt, re- 
 " gulating the way and manner of making Englilh woollen cloths and others 
 " to be exported, and that all the woollen manufadrures are declared to be free 
 ** of duty and impofition whatfoever at exporting, and that, by the faid fixth 
 *' article of the treaty of Union, all parts of the united kingdom are to have 
 ^* the fame allowances and encouragements ; therefore, the Committee are of 
 *' opinion, that the adding the aforefaid claufe to the articles of treaty is un- 
 *' neceflTary." 
 
 AJid after debate the vote was put, " Approve of the faid third Report, or 
 " Not ;" and it carried, " Approve." 
 
 Thereafter 
 
 I 
 I
 
 WITH OBSERVATIONS THEREON. 401 
 
 Thereafter a fourth Report was brought in from the fuid Committee, and 
 read in thcfc terms, viz. " The Committee, to whom the confiJeration of the 
 " fixth article of Union, and propofals made in Parliament relative thereto, 
 *' are remitted, having confidered that claufe mentioned in the twenty -fcventh 
 ** (Jay's minutes ; That, after tlic Union, all foits of Scots linci-., or any kind 
 " of cloth made of ilax or hemp, be exported out of the united kingdom, 
 *' ffxee of all cufloms or impofitions whatfoever; after full rcafoning on the faid 
 " clauf^, the. Committee arc of opinion. That the adding of the faid claufe 
 " to the articles of the treaty of Union is unnecefliiry, the Englifh duty on 
 *' linen being only fix pence flerling on the forty Englifh elns." 
 
 And after debate thereon, a vote was dated, " Approve of the faid fourth 
 " Report of the Committee, or alter ;" and it carried, " Approve." 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XXXVI. 
 
 Notwithftanding what was argued in the Committee, which I have noted 
 above, and at which I was prefent, having had the occafion to make feveral 
 of thefe calculations for the fervice of the faid Committee ; fome gentlemen 
 in the Parliament infiftedaipon the allowing a drawback or bounty -money 
 upon exportation of oats ; but when the fame rcafons mentioned above, which 
 had been argued in the Committee, came to be offered in full Parliament, it 
 was fo convincing, that they foon acquiefced ; and fo it was carried without, 
 as per the minute. 
 
 The fubfequent Reports of the .Committee mentioned in this day's minutes, 
 feemed only to add the authority of the Committees examinations to what 
 -had before been offered in public, viz. That, after the Union, the expor- 
 tation ot linen and woollen manufa<fl:ures would be free, and the feveral ma- 
 nufacftures be under no rcllraint or regulations, but that cither in tranfport- 
 ling 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 im- 
 pofed upon, efpecially in the accounts fpread 'abroad relating to trade ; and 
 in this in particular, viz. That the Scots woollen and linen manufafture 
 Would be fubjefted to feveral reftriiftions and regulations in England, which 
 could not be complied with. 
 
 This was grounded upon an^dffifce in Engliind, granted by patent fome 
 • years fince, which was called the Aulnage, which amounted to no more than 
 putting a feal and demanding a' f6d upon every parcel of woollen manufac- 
 ture? brought to London, under pretence of viewing if they were marketable ; 
 
 3 F hut
 
 402 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 but this duty or fee being a very fmall trifle, and the power of infpedting found 
 deficient, it was of no force at all, and therefore, upon the Committee's ex- 
 amining this, they faw no ground of objedVipn. 
 
 The next objection was about exportation ; and here it is observable, that 
 the oppofers of the Union had not only fuggefted, but opcn'y printed, and"' 
 expofcd about the flreets fuch abfurditics as thefe, That the Scots linen 
 would not be admitted into England, but a great duty would be laid upon it 
 to gratify the Dutch ; that great duties were to be paid upon both linen 
 and woollen manufad:ures on their exportation, and th^ like. Now, it was 
 very happy, that thefe things came to be confidered and examined by a 
 Committee. For now it was evident, 
 
 1. That no duty could be laid' on thd tfanfpotting any linen or wooHcii 
 goods from Scotland to England, which were the growth or m-anxifadture of 
 Scotland, the article of communication of tra4e having eff-dtually taken off 
 all impofitions between the counties or fhires of all Great Britain equally to 
 all. 
 
 2. As to the duty Oil vWJollen goods,- tbere never wasariyiduty p&id outward, 
 but what was called the old fubfidy of ronnage and poundage, which wa's five 
 per cent, which had beeii effedtually taken off, and that' adt repealed in the 
 aft of Parliament mentioned in the Report, and no duty at all was paid on 
 any woollen manufacture whatever exported: out of England, and by conle- 
 quence could not be out of Scotlandi-;o' r;- 
 
 3. All linen cloth was fo free, that the duty on cloth imported to England 
 from foreign parts, was all drawn back by certificate on the exporting it 
 again. In order to encourage the faid exportation, and for linen exported 
 made In Britain, it was fo fmall a trifle paid, viz. fix pence on forty ells, that 
 it was not worth notice. 
 
 This Report of the Committee put a great flop to the clamours that had 
 been fo loud upon the article of trade ; and when this vote was made public, 
 the people began to fee they were impofed upon, and that thefe things in 
 England were mifreprefented. 
 
 MINUTE XXXVn. 
 
 Tburfday, December 12, 1706. 
 Prayers faid. 
 Rolls called. 
 
 Ordered, That a fcurrilous print, intituled, , " Queries to the Prefbyterian 
 ' noblemen, barons, burgeflfes, minifters, and commoners in Scotland, who 
 
 * arc for the fcheuie of an incorporating Union with England, according to the 
 
 * articles agreed upon by the Commiflioners of both nations," be burnt by the 
 
 hand
 
 WITH OBSERVATIONS THEREON. 403 
 
 hand of the common hangman at the Market Crofs of Edinlnirgh to-morrow, 
 betwixt eleven and twelve of the clock, and the magiflratcs of Edmburgh ap- 
 pointed to fee the fume pundtually done. 
 
 And remitted to the Committee of Parliament, to whom the fixth and eighth 
 arl;i.Ql9f of ;Uqion are rcajjttcd, to piake inquiry anentthe printer, author, and 
 jn-giver of the.faidfcurrilpus paper. 
 
 j(, A fifth Report was then brought in from the Committee, to whom the fixth 
 article of Union is remitted^ and read in thefe terms, " The Committee of 
 ;*' ip^rj^ament appointed for confidering the fijcth article of Union and propofals 
 ■*^:frFj^4?rin ,P:^rliament -relative., thereto, having confidered the claufe under- 
 *' written, are of |Opinion, that it Should be added to the article of Union as 
 " follows : * Excepting and referving the duties upon export and import of 
 *' ' fuch particular commodities from which any perfons, the fubjeifls of either 
 *' ' kingdom, are fpecially liberated and exempted by their private rights, 
 *' * which after the Union are to remain fafe and entire to them in all refpeds 
 *' * as before the fame ;" and after fome reafoning, it was put to the vote, 
 f Approve of the faid fifth Report, or not," and it carried " Approve." 
 
 A fixth Report, brought in from the faid Committee, was read in thefe 
 terms, " The Committee are alfo of opinion, that there be a claufe added to 
 *' the articles of Union in thefe terms, viz. ' That from and after the Union, 
 f' ' no Scots cattle carried into England, ftiall be liable to any other duties, 
 ^' ' either on the public or private accounts, than thefe duties to which the 
 ** ' cattle of England are or fhall be liable, within the faid kingdom." 
 
 And a vote was ftated, " Approve of the faid fixth Report, or not ;" and it 
 carried, " Approve." 
 
 A feventh Report was brought in from the faid Committee, and was read 
 in tthefe terms, " The Committee having confidered the claufe mentioned in 
 *' the twenty-feventh day's minutes, which was defired to be added to the 
 *' articles of Union, viz. That Scotland fiiall be free from, and no ways fubjed: 
 ** to, the prohibitions againft exporting of wool, flieep and lambs fkins with 
 *' wool upon them, and woollen yarn, for the fpace therein mentioned, after 
 *' full reafoning thereanent, the Committee are of opinion, that the forefaid 
 " claufe ought not to be added to the articks of the treaty, but that the ex- 
 " porting of wool, flieep and Iambs ikins with wool upon them, and woollen 
 " yarn, ought to be under the fame prohibitions as in England." 
 
 And after reafoning, a fiate ,of a vote was offered, " Approve of the faid 
 *' feventh Report of the Committee, as to all, except mort lambs ikins, and 
 *' remit to the faid Committee to receive .overtures for encouragement of wool 
 ** mafters and woollen xnanufadlures. Yea or Not/' 
 
 After fome reafoning, it was propofed, that a premium be given upon exporta- 
 tion of coarfe cloth made of tarr'd wool, for encouragement of the wool mafiers. 
 
 3 F a And
 
 4C4 MmUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 And thereafter a Rcfolve was offered in thefe terms : " Refolved, That there 
 " Ihall be an encouragement provided to the heretors of wool counties, in 
 " cafe the Report of the Committee anent the exportation of wool, &c. be 
 " approven." 
 
 And after fomc reafoning, a propofal was given in for adding a claufe in thefe 
 terms : " And for remeiding the lofs wool-mafters may fuffer, and for encou- 
 " raging the manufacturing of tarr'd wool within the kingdom, and to prevent 
 " effectually the exporting thereof, it is provided and declared, That for the 
 " fpace of feven years after the Union, when the tarr'd wool within the Ihires 
 " of Roxburgh, Selkirk and Tweeddale, is at four pound Scots or under for 
 " the ftonc weight, fifteen ihilling Scots Ihall be payed of premium for every 
 " ftoneweight of tarr'dwool, to eivery wool mafter, who within a month after the 
 *' laid tarr'd wool is clipped or lliorn off the fhcep, fliall, by his own oath, or the 
 " oaths of two habile witneffes, before any Judge Ordinar, make appear that the 
 *' number of ftones of tarr'd wool fpecificd in the faid oaths' were truly and 
 " really dipt and fliorn from flieep in Scotland, properly belonging to the 
 " perfons mentioned in the faid oaths ; and which premium fhall be payed the 
 *' next colledlor of cefs, excifes, or cuftoms, upon delivering to them the 
 " forefaid depofitions figned by the deponents, and Judge forefaid, with a 
 " receipt of the money, and the faid colledlors, and each of them, fhall be 
 *' perfonally liable for the faid premium, upon inftrumeats taken againft them 
 »' in cafe of refufal, and the forefaid depofitions and receipts fhall be allowed to 
 " the faid collectors as an exoneration in their accompts pro tanto." 
 
 And after fome farther debate, that the faid feventh Report be remitted back 
 to the Committee, with the feveral propofals made thereanent, a fecond ftate 
 was offered for a vote, in thefe terms, " Approve of the laid feventh Report of 
 " the Committee, or remit the fame, 'and propofals thereanent, back to the 
 *' Committee." 
 
 After debate, which of the two fhould be the ftate of the vote, whether 
 firft or fecond, it was put to the vote, " Firft or Second," and it carried " Firft.'* 
 
 Thereafter the vote was put, " Approve of the feventh Report of the Com- 
 " mittee as to all, except mort lambs fkins, and remit to the faid Committee 
 '" to receive overtures for encouragement of the wool-mafters and woollen ma- 
 *' nufadurc, or not ;" and it carried, " Approve," in the terms of the ftate. 
 
 Petition of John-Henry Huguetan and his fadtor, craving to be naturalized, 
 and alfo craving a protection, read, and the confidcration thereof delayed till 
 the ^xiijederunt of Parliament on private bufinefs, to be then taken into confi- 
 dcration next after the aft in favour of the burgh of Dundee. 
 
 The Committee appointed to meet in the ufual place to-morrow at nine o'clock. 
 
 Adjourned till Monday next at ten o'clock.. 
 
 O B S E R-
 
 WITH ODSERVATIONS THEREON 405 
 
 OBSERVATION XXXVII. 
 
 There was a claufc in the treaty for the referving all private rights, Sec. as 
 per the 20th article ; now, fomc of thcfe private rights amounted to ex- 
 emption from certain cufloms and cxcifcs, as particular privileges to this or 
 that place or perfon, as at Glafgow for encouragement of their fugar-works, 
 they are exempted from paying any excife for the fpirits they dillil from 
 the melaflcs, bottoms, fcummings, &c. and fo in feveral towns they were 
 exempted from fuch and fuch cuftoms ; thefe were of ncccflity to be ex- 
 empted, bccaufe by another article, as above, private rights on both fides 
 were to be preferved. 
 
 Now, as this was for Scotland on one hand, fo it was for England on 
 another ; for the .city of Carlifle, and the family of Sir Chriftopher Mufgrave, 
 had an ancient right of taking toll of all the cattle which pafled from Scot- 
 land to England, over fuch paffcs or bridges as they had the Lordfhip of, 
 and thefe by private rights were actually rcfervcd. 
 
 But the Committee having demanded here the taking away the toll, paid 
 as above, the private right on the Englifh fide ccafed ; {0 that what feemed 
 folid and confirmed by the Union in one part, was yet invaded and taken 
 away by another. But to reconcile this matter, the Parliament of England 
 interpofed ; and when fome people thought they had now brought their affair 
 to a head, and that now the treaty mufl break, behold, a medium was 
 found out in England, viz. That the Parliament in England bought thefe 
 private rights of the city of Carlifle, and of the family of Sir Chriftopher 
 Mufgrave, and giving them an equivalent for them, they acquiefced, and all 
 ways were laid open for all manner of Scots or Englifli goods to pafs and 
 repafs without any toll, ftoppage, or interruption, whether cattle or corn, 
 or any other kind of goods, except fuch as (Scotland being exempted froni 
 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 liable to the 
 Englifli duties as foon as they came into England, fuch as fair, coals, malt, 
 fifh cured with Scots fait, &c. as is more particularly explained hereafter. 
 
 Thus the private rights in Scotland were preferved entire, according to the 
 treaty, and in England alfo; for if they were invaded by the treaty, the fub- 
 jedthad fuch fatisfaftion given him in money, as that he appeared willing to 
 refign thofe rights ; as the city of Carlifle for inftance, who, I think, had 
 two thoufand five hundred pounds fterling given them, for parting with the 
 right of toll upon Scots cattle, &c. 
 
 Id
 
 40^ MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 la this exad: equality the fixth Report of the Committee abovit Scot§ 
 cattle became, as it were, fettled; but it was objected, that the Parliament 
 might hereafter lay on a particular tax upon the Scots cattle pafling into Eng- 
 land, either in favour of the Irifli cattle, or upon any other fubfcquent oc- 
 cafion which could not be forefeen ; and therefore the fending lean cattle 
 from Scotland into England, being fuch a confiderable article to Scotland, 
 and on which the eflates of the northern gentry did almoll wholly depend, 
 all their rents being paid them in cattle, for which they had no other vent or 
 market, but their bemg fent into England, and that any tax or toll being 
 hereafter laid on them, might entirely put a flop to it, and confequently 
 impair, and almoft ruin the eftatesof the gentry and nobility of Scotland. 
 On this confideration, it was thought fit by the Committee, to fecur:: Scot- 
 land efFeftually from fo much as a jcaloufy or uneafinefs about it, by making 
 it a part of the Union, " That from and after the Union, no Scots cattle 
 *' carried into England fhall be liable to any other duties, either public or 
 ** private, than the cattle of England." This was again an article of equa- 
 lity; for the cafe was, not to exempt the Scots cattle entirely from any 
 tax, which the united Parliament might think fit to lay on cattle in general, 
 if ever the article of general excifes, fo much talked of in England, fhould 
 be offered at ; but to bring the Scots cattle upon a level with all the refi: of 
 the cattle in England ; and to provide that Scots cattle, qua Scots cattle, 
 Ihould be under no particular national difadvantage ; and this was thought 
 reafonable on every fide. 
 
 The fcventh Report of the Committee requires fome explication on fevcral 
 accounts. It was true, and no queflion was to be made of it, that Scotland 
 'having then an open trade with France, without reftridtion, and that their 
 wool was under no prohibition at all, but freely exported to France, or any 
 other part of the world, and that this liberty being by the Union to be ab- 
 folutcly and entirely refirained, the prices of wool in Scotland would of 
 courfe very much fall, and the gentlemen of the fouth and weft parts of 
 Scotland, fuch as in Roxburghfhire, Selkirk, Tweeddale, and Galloway, 
 whofe eftates very much confiftcd in the produft of their fhecp, would re- 
 ceive a very fenfible blow by it ; though it was remarkable, that fome people 
 were forgiving all Britain a worfe blow, to prevent the injury done to thofe 
 countries, viz. To allow exporting the wool ; and fome warm debates were 
 upon this head. 
 
 To explain this, it was to be inquired into, under what kind of influence, 
 and "by whofe management the trade of Scotland was at firft laid open, and 
 the exporting of wool permitted in general : this, as it produced no cfFeft, 
 but the ripping up old fores, and reviving perfonal and party reilcdions, I 
 
 £ ihaU
 
 WITH OBSERVATIONS THERHTOK. 407 
 
 fhall let fall. But this: was certain, that whoever were theoccafion of It, the 
 (hipping oft' the wool from Scotland was very injurious to the public advan- 
 tage of Scotland, a mortal wound given to the induftry of the people, dif- 
 couraging all attempts of manufafturing among them, which they were now 
 coming into, and which their neighbours of England had fo much been 
 enriched by : it was apparent, that the fmall exportation they formerly, had 
 of coarfc woollen manufaftures to Swedcland and the Baltick, was now al- 
 moft brought to a full ftop, and the Swedes, on the contrary, took their 
 wool from Scotland, which they had not been ufed to do, by which it was 
 apparent, they having the wool, made the manufadtures thcmfelvcs'; and 
 this was a dead lofs 'to Scotland, jufl: fo much as the employment and la- 
 bour of their poor amounted to.- 
 
 From this part of national ill hufbandry, no body could be fuppofed t6 
 receive any benefit, except the exporter and the wool mailer ; fo tl>ey call 
 the gentlemen of Galloway, Roxburgh fliire, &c. whofe eftates are very 
 much depending upon fheep. 
 
 This being thie ocCafion of the rifing the prices- of their wool, and their 
 advantage being thus begun in the error and injury of their country, it 
 feemed to be no national affair to make good the lofs that was fuppofed now 
 to happen 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 reprefentatives in former Parliaments had been open, they never had> 
 and which it was the lofs of the whole kingtlom, that they ever had at alK 
 
 However the Parliament, who, going upon the great fcheme of equalities, 
 fo often mentioned, appeared willing to make all people eafy ; were ready 
 and forward enough to have an allowance, by way of equivalent, given to 
 the gentlenhen that were flieep mafters, and who fhould be pinched by the 
 fialling of the price of their wool ; but then it was debated, in what manner 
 that equivalent fhould be given ; for, to give to particular perfons fuoh and 
 fuch a fum of money, would feem partial, and be fhort of the defign ; as it 
 would be fome perfonnl fatisfaclion indeed, but no national fatisfaftion. The 
 money given, therefore, ought to be for the public good ; and this could be 
 by no method fo exadly flated to the circumftance, as by appropriating the 
 money to fuch gentlemen, who being wool mafters, would apply that 
 money to the manufafturing that wool in their own country ; thereby both 
 increafing the confumption of the wool, and fetting the poor of their refpec- 
 tive counties to work ; this fcheme had too much equity in it, and too 
 much of the public good in it to lie dilliked ; nor did thofe that oppofed it 
 pretend to objedl much againft the reafonablenefs of it ; but ftill it was op- 
 pofed, and the reafons for which it was oppofed were manifeft. 
 
 The
 
 4^8 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 . The party, who, as I have all along noted, fought fome occafion or other 
 •to break oflF the treaty, had now this method only left, viz. To clog the 
 .-nffair with fuch amendments or alterations, which they knew England cither 
 would not or could not grant ; nor did they ftick in converfation honeflly to 
 own, that they did not diflike the reafons of feveral things that they oppofed, 
 were they confenting to the Union in general ; but they were againft the 
 Union, and therefore they were obliged to oppofe the particulars, in order 
 to oppofe tjic general. 
 
 Thefe gentlemen therefore very warnily argued for a freedom of exporta- 
 tion of wool, and for having it made a claufe in the articles; which, it" they 
 h&d gained^ they eafily forelaw the Union muft fplit upon that rock, for that 
 England, who have made it felony, and always prohibited the export of 
 their wool under the greateft penalties, neither would or indeed could come 
 into it. 
 
 It was urged, this liberty of exporting wool might be reftralned to Scot- 
 land only ; that it was abfolutely necellary to Scotland, for that they could 
 not manufafture all their wool in their own country ; that their wool was 
 coarfe, and did not injure the Englifh trade, fince all their manufaftures 
 were of fine wool ; that, if Scotland could not manufa^fture their wool, nor 
 fliould be fuffered to export it, the wool would be of no ufe, but mull; perifh, 
 and be good for nothing ; that the manufadiures now fct up in Scotland being 
 chiefly fine goods, were generally made of Englifli wool ; and after the 
 Union, the wool from England being generally brought in thither, the 
 wool of Scotland would be of no manner of value. 
 
 But thefe arguments were anfwered thus. That, to allow the exportation 
 of wool from Scotland only, would oblige the Government to keep ftill on 
 the borders an army ef officers, to fearch and examine the paflage of all 
 goods paffing between the kingdoms, and keep up.^hat diftindioa 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 impofliblc to prevent the 
 carrying of wool into Scotland, and confequently the exportation of Englifh 
 wool with, or inftead of, Scots wool. 
 
 In the next place, this would oblige the Government of Britain to a flrlift 
 prohibition of the bringing any Englifh wool into Scotland after the Union, 
 lpf,l the fame fliould be exported, which, after its being in Scotland, could 
 fiot b^ fo dillinguiflud as to be prevented ; and that this prohibition would 
 rob ^Gotland of all that advantage which it is propofcd fhc fhall enjoy after 
 the; Upipn^ by her people being employed in the manufaduring of Englifh 
 
 JVjOOl. 
 
 Again,
 
 WITH OBSERVATIONS THEREON. 409 
 
 Again, That this would dcftroy all freedom of commerce and communi- 
 cation of trade between the kingdoms, that all veflels to and from Scotland 
 muft be vifited and fearched equally with flrangers, and the face of an Union 
 be ruffled with continued jealoufies of, and watchings againft clandcfline 
 trade. 
 
 Laftly, That it was inconfiflcnt with the public good of Scotland in its 
 proportion, as much as of England, and that it would effe<flually dcflroy 
 the hopes of Scotland's increafing in manufacflures, and encouraging her 
 trade by the employment of her poor. 
 
 ! As to the confumption, it was urged, that England was always a market 
 for wool, where it might be fold without fail, at fome price or other ; and 
 if the price was low juft then, that was but a common calamity, the effedt 
 of the long war with France and Spain, in which they had flill a fhare with 
 their neighbours, but that the wool of Scotland would always fell as well as 
 the wool of England, in proportion to its finenefs ; and this led of courfe to 
 the firft propofal, That what encouragement was poffible to be given to the 
 wool mailers by the treaty, ftiould be given them on the conditions of fet- 
 ting the poor to work in their refpedtive countries, which, in that cafe, 
 would have this double advantage, i. The employment and fubfiftence of 
 the poor; and, 2. The confumption of the wool at home, which diredlly 
 took off the pretended neceffity of exporting it to other countries, for 
 want of a vent of it at home, or their fending it to England to be fold, as 
 
 , they called it, for little or nothing. How well this money was paid after 
 the Union, or when paid, how well applied to the common good of Scot- 
 land, is none of my bufinefs here to inquire. 
 
 I have been the longer in ftating this cafe, becaufe it has been often ob- 
 jecfled to the Scots members of Parliament, that they were too forward to 
 comply with the prohibition of wool, and that their country loft a great ad- 
 vantage by it. 
 
 There was a pretended expedient then offered, about the manner of dif- 
 pofing the equivalent to fuch perfons, as had fuch or fuch certain quantities 
 of tarr'd wool ; but the reafonablenefs of the above propofal prevailed 
 againft any other, and therefore it needs not be inquired into, 
 
 MINUTE
 
 4IO MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE XXXVIII. ^ 
 
 Monday, December 16, 1706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Addrefs of barons, freeholders, nnd others, wilhin the flilre of Berwick, 
 fubfcribers of the fame ; againft aii Union with England, hi tlie terms of the 
 articles, given in and read. 
 
 A fcurrllous print, aflerting the dependency of the crown and kingdom of 
 Scotland upon the crown and kingdom of England, brought in, and feveral 
 paragraphs thereof being read. 
 
 Ordered, That the faid fcurrilous print be burnt by the hands of the com- 
 mon hangman, at the Mercat Crofs of Edinburgh to-morrow, betwixt eleven 
 and twelve of the clock, and the magiftrates of Edinburgh appointed to fee 
 the fame punctually done. 
 
 An eighth report from the Committee, to whom the fixth article of Union 
 was remitted, brought in and read in thefe terms, viz. " The Committee of 
 " Parliament, to whom the fixth article of the tiicaty was remitted, having 
 *' conlidered the remit to them, with the books of rates both for Scotland and 
 " England, and the feveral adls of Parliament relating thereto, the fchcmes 
 " or abftrafts from the Cuftom-houfe books, given in to them from the Council 
 *' of Trade, and the report thereanet of their Sub-committee, who, on a report 
 *' from them, had compared the cuftoms and duties on export and import 
 *' fettled in England, with thefe fettled in Scotland, and had calculated the 
 *' duties payable in Scotland upon tar, tobacco, iron, dails, fingic and double 
 ** trees, lint and lintfeed, and compared the fame with the duties payable upon 
 *' the fame goods in England, at a medium of the three years, whereof they 
 *< had the faid abftradls from the Cuftom-houfe books : they find, that as to the 
 " cuftoms and duties on export and import in general, the cuftoms in Scot- 
 ** land belong to the Crown, and are perpetual, whereas thofe In England ter- 
 *' minate at a certain number of years, viz. about two fifteen parts thereof, 
 ♦' at 8th March, 1709 years; nine fifteen parts thereof at ifl: Augufl 1710; 
 ** about three fifteen parts thereof continue only during Her Majeftles life; 
 *< and about one fifteen part thereof for ninety-five years; and that the duties 
 *< upon exportation, which were granted 12° Car. 2. Cap. 4. are eafie, have 
 ** never been augmented, fave upon a very few particulars, and terminate 
 ** the firfl of Augufl; 1710; that thefe goods which contribute to luxury, and 
 ** thofe that are manufaL>ured, or can be had within the Ifland, are thofe that 
 *' pay high duties when imported ; but that the whole, or moft of the cufl:oms 
 ** and duties paid at importation, are drawn back upon exportation, if ex- 
 *' ported within a certain time, except a moiety of old fubfidy which is very 
 a 1' fmalV
 
 WITH OBSERVATIONS THKREON. 411 
 
 " fmall, and which is impofcd by the forcfaid adt 12'' Car. 1. Cap. 4. and 
 *' terminates the firft of Auguft 1710 : that the duties upon the before-mcn- 
 *' tioncd goods, at the above medium, payable in Scotland, by the nearefl 
 " calculation can be made, amounts to 2531841. I5fh. yd. and now payable 
 " m England to 4135591. 8fli. 4d. and payable in England after 17 10 to 
 " 129640I. 9fh. 8d. Scots, and the duties upon our linen cloath and cattel 
 *' imported into England, by the above medium, amounts to 272629I. 3fli. lod. 
 " money forefald : fo that it is the opinion of the Committee, the duties after 
 " 1710 will be much caficr than now they are, and even as they ftand now 
 " payable ia England, tonfidering the duties that are upon Scots goods im- 
 " ported into England, and taken off by the treaty, the cuftoms of Scotland, 
 •' taken together, even before the firft of Auguft 17 10, will be ealier than now 
 "they arc." 
 
 And after fome reafoning thereon, a ftate of a vote was offered, " Approve 
 *' of the fixth article of Union, as explained and enlarged, or not." 
 
 But it being moved, That the vote could not be ftated in thefe terms, i:\ 
 refpedl what concerned the African Company fell under the faid l>xth article, 
 which was to be confidered ; 
 
 Whereupon it was agreed. That what concerns the African Company Ihall 
 be intire, and be taken into confideration under the fifteenth article, and 
 that the approving of the fixth article fliall not be prejudicial thereto. 
 
 And the above ftate for a vote being again propofed, after fome debate it 
 was moved, " That the faid article ftiould be farther amended ;" and there- 
 upon a fccond ftate of a vote was offered in thefe terms, " Approve or amend." 
 
 Whereupon the faid fixth article, with the feveral additions, enlargements, 
 and explanations after mentioned, contained in feveral former minutes, viz. The 
 word " drawback," to be infcrt in both claufesof the faid article. Item, " And 
 *' feiiig by the laws of England, notwithftanding there are rewards granted 
 *' upon exportation of certain kinds of grain, wherein oats grinded ©r ungrinded 
 *' are not fpccified, that from and after the Union, when oats fliall be at fifteen 
 *' ftiillings fterlmg per quarter, or under, there fliall be paid two fliillings and 
 " fixpcnce fterliug for every quarter of the oatmeal exported in the terms of 
 «' the law, whereby, and fo long as rewards are granted for exportation of 
 •' other grains, and that the bear of Scotland have the fame rewards as barley." 
 Item, " And in refped the importation of vidtual into Scotland from any part 
 *' beyond fea, would prove a dlfcouragcment to tillage; therefore, that the 
 " prohibitions, as now in force by the law of Scotland, againft importation of 
 " viftual from Ireland, or any other place beyond ,fea, info Scotland,, do, af- 
 *' ter the Union, remain in the fame force as now it is, until mprc proper and 
 " effeftual ways be provided by the Parliament of Great Britain, for difqou- 
 
 3 G 2 raging
 
 i^t:2 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " raging the importation of the faid viftual from beyond fca." Item, " EiC- 
 *' cepting and referving the duties upon export and import of fuch partf- 
 *' cular commodities, from which any perfons, the fubjedls of either kingdonr, 
 " are fpecially liberated and exempted by their private rights, which, after 
 " the Union, are to remain fafe and entire to them in all refpcfts as before the 
 *' fame." Item, " That from and after the Union, no Scots cattel carried into 
 " England, fhalt be liable to any other duties, either on the public or private 
 *' accounts, than thefe duties, to which the cattel of England are, or fnall be 
 *' lyable within the faid kingdom :" being all read over, it was put to the vote, 
 " whether the firft or fecond Ihould be the Hate of the vote," and it carried, 
 « Firil." 
 
 Then the vote was put, *' Approve of the faid fixth article enlarged and ex- 
 *' plained, ornot ;" and it carried, " Approve." 
 
 Draught of an adl for additional premiums on exportation of vidtual, to 
 commence the firft of February and to end the lait of April, both next to come,- 
 again read, and a firfl reading ordered to be marked thereon. 
 
 The eighth article of Union read, and the firfl claufe or paragraph thereof 
 was alfo again read. 
 
 Whereupon a report brought in from the Committee, to whom the faid 
 eighth article is remitted, was read in thefe terms : 
 
 " The Committee, to whom the eighth article of Union anent duties upon 
 "■ fait was remitted, are of opinion, that after the firfl claufe of the faid 
 " article, an explanation in the terms following will be nccefiary : 
 
 " But, in regard the duties of great quantities of foreign fait imported 
 ** may be very heavy upon the merchants importers ; that therefore all foreign 
 '* fait imported fhall be cellared and locked up under the cuflody of the mer- 
 " chant importer, and officers employed for levying the duties upon fait; and 
 " that the merchant may have what quantities thereof his occafion may re- 
 " quire, not under a wey, or fourty bufhel at a time, giving fecurity for the 
 *' duty of what quantity he receives, payable in fix months." 
 
 And after fome reafoning thereon, the farther confidcration of the faid 
 eighth article and report was delayed till the next Jederunt of Parliament. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XXXVIII. 
 
 The long report of the Committee on this point of the cuftoms is very 
 dlflin£l, but may require fome explanation, and in order to that, it is necef- 
 fary to enter into the fhort hiflory of the reafon of this calculation. 
 
 Two great complaints ran through the whole nation upon the fubjedV of 
 taxes and trade i i. That the Englifli clogged the trade of Scotland with 
 
 inta-
 
 WITH OBSERVATIONS THEREON. 413 
 
 Intolerable burdens ; and, 2. That they raifed their cuftoms, and would gain 
 great funis of rnoney from Scotland by doing fo ; for the Scots had no no- 
 tion of the equivalent, nor would they for a long time sftcr tliis entertain 
 any notion of it. 
 
 In order to clear up the objeftions of the people againft the culloms,, the- 
 particular heads were referred to this Committee to examine. 
 
 The firll were the duties on import, which the Committee obferved very 
 well, in England is always laid higheft on fuch goods as contribute to luxury, 
 or are manufactured within the ifland, the firfl: etleemcJ lefs neceffary, fuch 
 as wine, brandy, foreign linen, fruit, drugs, Eaft India goods, coffee, tea, fu- 
 gars, tobacco, deals, timber, &c. Things we might live without, or might 
 fupply in part at home; or being willing to have, and being generally ufed 
 by the richer fort of people, the payments are lefs felt. The fecond. For the 
 encouragement of our ovvn poor, who ought upon all occafions to be em- 
 ployed; 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 impofts* 
 or, perhaps, prohibitions oa the like from abroad, fuch are the prohibitions 
 of, or high duties on, wrought filks, woollen manufadlurcs, bone lace, Brafil 
 fup-ar, wrought iron, hats, glafs, printed callicoes, pantiles, earthen ware, &c. 
 
 It was now objefted in Scotland, that the cuftoms there would be very 
 grievous;, that the Englifh. duties on tar, tobacco, iron, deals and timber, lint 
 and linfeed, would be intolerable to the poor, and raife the cuftoms of Scot- 
 land to a very great height. 
 
 The Committee examined the proportion of things, and fetting the whole 
 upon an equality, produced a very well grounded conclufion. That the cuf- 
 toms of Scotland would be lefs to be paid after the Union than before ; and it 
 gave great fatisfaiflion at that time, to thofe people who were capable of re- 
 ceiving impreffions from juft calculations, when the calcvilations of this Com- 
 jnittee really ftated the balance of trade, for that was eafy to draw outof thefe 
 calculations : it had been offered In the Parliament, (with how little founda- 
 tion, or how much aflurance, I fnall not determine,) i. That Scotland got 
 nothing by the Englifli trade. 2. That Scotland was a confiderable gainer by 
 the French trade. 
 
 I Ihall not cenfure the people that offered this, as aiming at a French union, 
 not an Englifh ; for they did not ftick to own that ; but it Is not to the pur- 
 pofe here ; I fhall only confider the ftate of the trade of either kingdom, as 
 it flood at this time, and as it was ftated to the Parliament. 
 
 The trade to France ftood thus : 
 Exported to France from Scotland, I Imported from France to Scotbnd, 
 
 Wool, leather, lead, and fifn. 1 Win.^ brandy, w.onghr fihv., hats,. 
 
 I glafs, cork, rcfia, fruit, and lOjS. 
 
 The
 
 414 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 The feveral quantities of thefc, however uncertain, as the trade increafcd or 
 decreafed, had neverthelefs this general proportion, That the wine and bran- 
 dy imported into Scotland did over and above balance all the export out of 
 Scotland to France by above one half part ; the confequence of which was, 
 that the French trade mufl draw away ready money from Scotland for the 
 other half, befides all the other Imports from thence, over and above this 
 confideration. That all the import from France was mere luxury and unnc- 
 cefliiry confumption. 
 
 Exports to England from Scotland: 
 In the year as per contra. 
 
 Linen cloth 1,346,1740113. 
 
 Cattle of all forts 57,078. 
 
 Linen yarn, flockings, fingrams, and 
 ftcrling fcrges, quantity unceitain. 
 
 As to the ftate of the trade between Scotland and England, it flood thus : 
 Imports to Scotland from England : 
 
 Houfe furniture, coaches, horfcs, &c. 
 by the gentry, which might be efti- 
 mated at 10,000 1. per annum. 
 
 Tobacco in one year from November 
 1699, to November 1700, 1,319,3561b. 
 amounts to about 22,oqo1. fterling per 
 annum. 
 
 Sugars and grocery not in very great 
 quantities, being fupplicd chiefly from 
 Holland, perhaps in the whole 10,000 lb. 
 per annum. 
 
 . All the Englifh woollen manufafture 
 prohibited. 
 
 Note. The tobaccos and fugars after the Union may, and Ms not quef- 
 tioncd, will be imported into Scotland from the Britifli plantations, in return 
 for the growth and produce of their own country ; fo that the whole trade to 
 England, after the Union, would turn to the intereft and advantage of Scot- 
 land. 
 
 Nor can I omit to add the experiment of this, to prove, that tbefe calcu- 
 lations were not fuppofitlons and remote, fince in the very firfl year after the 
 Union thefc confequences in trade vlfibly appeared, and which of my own 
 .certain knowledge I can take the freedom to advance. 
 
 1. That on the falling of the Englifli duty on Scots linen, the demand for it 
 was fo great in the Englifh markets, that it not on^y fwept all the linen away, 
 fo that two months before the ufual time the whole quantity was gone, and 
 the Englifh merchants could get no linen for money; but the whole manu- 
 fafture of linen advanced at Icaft two pence an ell upon the finer Scots linen, 
 and one penny per ell on the coarfer forts, which was a great fum in the 
 whole. 
 
 2. In
 
 WITH OBSERVATIONS THEREON. 415 
 
 2. In the very firft year after the Union, Scotland ihippcd away for Eng- 
 land, bcfides feveral fhlps loadcn for Portugal and other foreign parts, above 
 140,000 boll of corn, above 40,000 boll of which was carried out of the 
 two fmall counties of Merfs or Bcrwickfhirc and Tiviotdale, 20,000 boll 
 and more out of the fingle county of Fife, and the reft from the fhires ad- 
 joining to the Firth, and fome parts from the North. 
 
 3. In the firft year after the Union the Scots fitted out feveral fliips, I 
 think feven or eight, to the Engjifli plantations, freighted with their own 
 produce, the return of which being in tobacco or fugars, &c. have this ad- 
 vantage to Scotland, That firft, the faid tobacco and fugars fupply their own 
 confumption, and keep that money at home which ufed to go to England 
 and Holland to purchafc their fupply. And fecondly, The overplus which 
 they cannot expend thcv export to Holland and Ireland, which returns to the 
 advantage of the public ftock. 
 
 4. In the very firft year after the Union Scotland had three or four Ihips 
 returned home from Italy and Portugal, bringing home wines from Leghorn 
 and Galitia ; thefe being the return of fifh from Scotland, could now return 
 with their freights to their own country, where before, by reafon of the 
 French wines, they could have no confumptionj but were obliged to load to- 
 other ports, and come home empty. 
 
 If any man pleafes to calculate thefe things, and fee the advantages of thefe. 
 foreign trades, and particularly of the Englifh, and the return of money that 
 muft, by confequence, be made to Scotland annually by fuch 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 fuppofition of 
 the comparifon between the Englifh trade and the French trade, as to 
 an advantage to Scotland, muft fall to the ground, and the true ftate of the 
 balance muft have been fomething like, if not exaiftly thus : 
 
 That, in an open trade with France, Scotland muft have paid to France 
 iGOjOOcl. fterling per annum in fpecie, or their balance of trade would 
 have been againft Scotland 1 00,000 1. per annum at leaft. 
 
 That, in the trade with England, Scotland will receive from England at 
 leaft 200,000 1. per annum in fpecie, or the balance of trade will run on the 
 fide of Scotland 200,000!. per annum. 
 
 And yet this is no lofs to England either, lince the ifland being now 
 made but one kingdom, this wealth, while it goes but to Scotland, circulates 
 in her own bounds, and, fpeaking of Britain, is all contained and preferved 
 within herfelf.. 
 
 MINUTE^
 
 4i6 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE XXXIX. 
 Tuejday, December 17, 1706. 
 
 Prayers fald. 
 
 Rolls called. 
 
 The firft claufe or paragraph of the eighth article of Union again read, with 
 the report of the Committee in relation thereto, for explanation of the fame, 
 infert in the former day's minutes. 
 
 And after reafoning thereupon, the vote was flated, " Approve of the faid 
 " firft paragraph, with the report of the Committee for explanation of the 
 " fame, yea or not." 
 
 And before voting, the faid paragraph, and report of the Committee for ex- 
 planation of the fame, were again read. 
 
 Then the vote was put, " Approve or not," and it carried, " Approve." 
 
 Then that claufe of the faid eighth article of Union, anent the faking of flefli 
 for exportation, or viftualling of fliips, read; as alfo a report of the Committee 
 relative theretb, for altering the fame, which, after fome reafoning, was amend- 
 ed, and again read in thefe terms ; " And for eftablilhing an equality in trade, 
 " that all flefhes exported from Scotland to England, and put on board in 
 *' Scotland to be exported to parts beyond the feas, and provifions for Ihips in 
 ** Scotland, and for foreign voyages, may be faked with Scots fait, paying the 
 " fame duty for what fait is fo employed, as the like quantity of fuch fait pays 
 " in England, and under the fame penalties, forfeitures, and provifions, for 
 *' preventing of frauds, mentioned in the Englifh laws." 
 
 And after farther reafoning thereon, it was put to the vote, " Approve of the 
 " report as amended or not ;" and it carried, " Approve." 
 
 Then the following claufe of the faid eighth article of Union, in relation to 
 the continuing in force the laws and a6ts of Parliament in Scotland for pining, 
 curing, and packing of herrings, white fifh, and falmond, for exportation, with 
 foreign fait only, and for preventing of frauds in curing and packing of filh, 
 was read ; as alfo a report brought in from the Committee for adding a claufe 
 thereto in thefe terms : " But in refpedl it appears from the books of the royal 
 " $ihery company, confirmed by praftice, that the quantity of io2i°|| of 
 ** pound weight Aver de Pois of foreign fait, which pays eight fhillings and 
 " four pence of duty, is neceffary for the right curing and packing a barrel of 
 *' white herrings ; therefore there Ihall be allowed and paid, during the prefcnt 
 
 " allovv.incc8
 
 WITH OBSERVATIONS THEREON. ^ 417 
 
 *' allowances for other fiftes, for ctery barrel of white herrings which fliallbc 
 ■*' exported, ten fliillings fterling." 
 
 Thereafter a petition of the fait owners, fifliers of herring antl white fifli and 
 others who rHake ufe of Scots fait, was given in, craving, that fuch amend- 
 ments might be made to the faid eighth article of Union, as would put them ia 
 an equal footing with their neighbours in England, with regard to their fait and 
 alfo the freedom of making fait upon fait. 
 
 Which being read, after fome debate thereon, and upon the above laft infer 
 report of the Committee, the farther confideration was delayed till the next 
 Jederunt of Parliament. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XXXIX. 
 
 The report of the Committee on the firft paragraph of the eighth article 
 Is printed in the precedent minute relating to the payment of fait. The pay- 
 ment of equal duties on foreign fait was not objected, but it was argued, tha 
 the Scots merchants being poor, and being neverthelefs obliged to import 
 large quantities of foreign fait at the proper times, which muft lye by till 
 the feafon for ufing the fame; and the duties being now very large which 
 ■were to be paid, they might not be able either to advance the money, or find 
 fufhcient fccurity for the duties, as the law in that cafe provided. And there- 
 fore this amendment was made for the cafe of the merchant, which was both 
 reafonable to the government, and eafy to the merchant, and took off all pre- 
 tence of quarrel upon the difburfc of money, or lying out of flock. 
 
 The fecond report upon the eighth article was founded upon equal reafon- 
 ing. It had been agreed in England in the faid eighth article. That all flefh 
 faked in Scotland and carried to England, or flelh falted in Scotland for vidtu- 
 alling fhips, or exportation, fhould be forfeited, if cured with Scots fait : but 
 this was counted a hardlhip on feveral accounts, and England bei ng allowed 
 to cure all forts of flefh with their own, whether for their own confumption, 
 vicftualling of fhips, or exportation, it ought to be alfo allowed to Scotland, 
 by virtue of the fubje<fts enjoying equal allowances and rellriclions — Article 
 VI. Wherefore the Committee made this amendment, That the Scots might 
 cure flefh with their own fait, provided all flefh fo cured, that was either fent 
 for England, or ufed in vidlualling fhips, or exported for fale, fhould be 
 charged with the duty on fait paid in England. 
 
 The third Report upon the eighth article concerned the laws in force in 
 Scotland for curing and packing of herring, white fifh, and falmon, which, 
 by this article, were rcfcrved. Thefe laws were the 5th a<ft, 3d feflion, ift 
 
 3 H Parliament,
 
 4i8 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Parliament, King William and Quecu Mary, appointing " all herrings ancT 
 " falmon for export be made, pined and cured with French bay, or Spanilh 
 " fait, or with fait upon fait made of foreign fait." The 24th ad: 7th feffion 
 of the fame Parliament, " confirming the fame, and direfting the proof of 
 " it," with a confirmation of the 34th adt of 2d feffion of the fame Parlia. 
 ment, for drawbacks on herrings and falmon exported. 
 
 But upon this new treaty, refpeft.ng the Englifh duty on fait, it was cal- 
 culated, as you fee in the minut-c, that the falc commonly ufed in curing a 
 barrel of herrings amounted to about nine fliillings per barrel ; and in regard 
 cf wafting of the fait, lofs in carrying, &c. they refolved to put it at tct> 
 iliillings per barrel, which fully anfwered the petition of the filh and fait 
 aierchants uieatioaed in the fame minute^ 
 
 MINUTE XL. 
 Wednejdayy December 18, 1706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Addrefs of the town and parochin of Lawder and Chainhllklrk, fubfcribing the 
 fame; and addrefs of heretors, liferenters, elders, parochioners and remanent 
 indwellers, in the patoch of Calder, fubfcribers of the fame; both againft an 
 union with England in the terms of the article^, given in and read. 
 
 Thereafter another report brought in from the Committee, to whom the eighth 
 article of Union is remitted, was read in thefe terms, " That white herrings, 
 " red herring, falmond, dry or barrelled cod, and all fifhes cured or packed in 
 ** order to exportation, ought to be cured and packed with foreign fait allen- 
 " narly, and that it does require four bolls of foreign fait to cure and pack a 
 *' laft of white herrings." 
 
 And after much debate thereupon, a motion was made for amending that 
 claufe of the faid eighth article of Union mentioned in the former day*s mi- 
 nutes, in relation to the continuing in force the laws and adts of Parliament in 
 Scotland " for pining, curing, and packing of herrings, white fifh and fiUmon 
 ** for exportation, with foreign fait only," by adding thcfc words thereto, 
 " without any mixture of Britifli or Irifh fait." 
 
 And the addition being accordingly made, the claufe as fo amended was read 
 over. 
 
 And after fome farther debate, the vote was put, " Approve the faid claufe 
 ** as amended, yea or not," and it carried " Approve." 
 
 Thereafter it was propofcd, that the Parliament fliould proceed to confider the 
 
 drawbacks, 
 
 And
 
 WITH OBSERVATIONS THEREON. 419 
 
 'And It was alfo propofed, that the Parliament fliould proceed to confidcr how 
 far allowan:e ihoiild be given for importation of foreign fait, in order to the 
 
 makino- fait upon fait; the farther confideration whereof was delayed till the 
 xxQXtfederunt of Parliament. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XL. 
 
 The report of the Committee lafl: day was now only confidered, with re- 
 lation to the main part of the queftion, Whether their fifli fliould be cured 
 ■ )With foreign fait only, or not; and it was agreed it fliould be fo. 
 
 Itvvas counted a very great hardfhip, that the fifh cured in Scotland fhould 
 not be cured bur with foreign fait ; fome people alledging, that the fait made 
 in Scotland would cure the herring as well as foreign fait. But it had been 
 found by experience, that the fifli cured with Scots fait, did not keep, nor 
 was it equal in goodnefs when it came to market, which added to the 
 difputes which would arife in the article of the drawbacks, now coming on 
 to be debated, made the Parliament pofitive in that part, viz. that all fifh 
 cured for exportation fhould be cured with foreign fait, without any mixture 
 of Britifh fait. 
 
 In giving drawbacks and allowances for the exportation of fifh, on account 
 of the fait, it had here been impoffible to come to an equality, fincc no officer 
 could have been fure which had been cured with Britifh fait, and which with 
 foreign fait, and which with a mixture of either. 
 
 It was then alledged, that the Dutch importing their fait from St. Ubes, re- 
 make the fait, boiling it again when they come to Holland, which they call 
 fait ujTon fait, and that their herrings are cured with the faid fait, which being 
 of a finer and fubtler quality than the other fait, is of advantage to their faid 
 trade; and that the aforefaid encouragement fliould be given to the Scots to 
 do the fame. But this came to nothing. 
 
 MINUTE XLI. 
 
 ^hur/daj/f December 19, 1706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Thereafter the lafl claufe of the eighth article of Union, in relation to the 
 allowing of premiums and drawbacks, was read; as alfo a report brought in 
 from the Committee, to whom the faid eighth article was remitted, infert in the 
 
 3 H 2 minutes
 
 420 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 minutes of the 17th inftant, Number 39, in thefe terms: " Put in refp^ft k 
 " appears from the books of the Royal Fifliery Company confirmed by prao 
 " tice, that the quantity of io2i°|| of pound weight Aver de Pois of foreign 
 " fait, which pays eight fhillings and four pence of duty, is neceflary for the 
 " right curing and paclcing a barrel of white herrings; therefore there fliall be 
 '•' paid, during the prefent allowances for other fifhes, for every barrel of white 
 *' herrings which fliall be exported, ten fliillings fterling." 
 
 And another Report brought in from the faid Committee lAras alfo read, hi 
 thefe terms: " That fixteen fliillings and eight pence upon every barrel of fal- 
 " mend, fix fhillings and eight pence upon every barrel of red herrings, that 
 " two pound ten fhillings upon every hundred cod-fiflr, ling, or haick, of 
 " twenty-four inches and upwards, from the bone in the fin to the third joint of 
 " the tail ; one pound fifteen fliillings fterling for every fuch fifli of the length 
 " of eighteen inches and upwards, and under twenty- four inches, and one 
 " moiety of the forel^iid allowance for every fuch fifli dried, commonly called 
 " Haverdens, of the like dimenfions, (being the drav;backs allowed by the 
 " Englifh laws upon the exportation of thefe fiflies) are fufiicient encourage- 
 *' ments." 
 
 And after reafoning on the above feveral reports, it being moved a higher 
 dravvback fhould be allowed upon the exportation of white heniigs. 
 
 After fome debate thereon, the fliid lall claufe of the eighth article of Union 
 was agreed to, with this addition, " That there fhall be allowed and paid to the 
 " fubjedls, inhabitants of Great Britain, during the prefent allowances for other 
 " fifhes, for every barrel of white herrings which Ihall be exported from Scot- 
 *' land, ten fhillings and five pence fterling." 
 
 Thereafter another report brought in from the faid Committee, was likewife 
 read, in thefe terms : " That there ought to be no drawback upon the exporta- 
 " tion of falted beef and pork ;" and after debate thereupon, the farther con- 
 fideration thereof was delayed till the next federunt of Parliament, 
 
 Adjourned till to-morrow ten o'clock. 
 
 OBSERVATION XLL 
 
 The difficulty now lay about fettling the drawbacks upon the exportation of 
 fifli; and the rule the Committee had gone upon feemcd the readieft way to 
 determine it, viz. They laid the Englifti drawbacks before them, aqd ex- 
 amined then the quantity of fait ufed in curing every refpeftive kind of fifh, 
 and then comparing the whole, tried whether the drawback allowed wns ade- 
 quate and proportioned tp the duty paid upon the quantity of fait ufed in the 
 «uring» 
 
 Now
 
 WITH OBSERVATIONS THEREON. 421 
 
 Now though this Was exadly calculated and prefcntcd to the Houfe, yet 
 feveral motions and fpeeches were made for a larger drawback ; fome al- 
 ledged the neceffity of encouraging the filKery in Scotland, and that there- 
 fore the Government ought to niaka larger allowances : but when they faw 
 that whatever the allowance Ihould be which they ftiould obtain, the Englifh 
 would obtain the fame, they dropt that part of the argument. 
 
 The herrings, indeed, they had longer debates about ; and after fome rea- 
 fonings upon the wafte of the fait, tl*e carriage, and other pretences, they ob- 
 tained the allowance of ten lliillings and five pence to be paid to the exporter, 
 for every barrel of herrings cured with foreign faU and exported, which was, 
 five pence per barrel more than the Committee had at firft determined^ 
 
 MINUTE XLIL 
 
 Friday^ Decemher 20, 1706, 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the debate mentioned in the minutes of the h{k/ederunt, in relation ta 
 the allowing of drawbacks upon the exportation of beef and pork, was refumed j 
 and after fome farther debate thereupon, the vote was flated, " Approve of the 
 " report of the Committee," or " Alter." 
 
 And before voting it was agreed, that the members votes fliall be marked, and 
 that the lift of their names as they fliall vote fhall 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 confideration of 
 what drawbacks fhall be allowed upon the exportation of beef and pork. 
 
 Moved alfo. That the confideration thereof be delayed till the next federmt 
 ©f Parliament. And after fome reafoning, 
 
 Agreed, That the confideration of what drawbacks fhall he allowed upon 
 the exportation of beef and pork be delayed till next/ederunt of Parliament. 
 
 OBSERVATION XLIL 
 
 The drawbacks propofed upon beef and pork to be exported were now 
 tlie fubjed of debate j it had been examined in the Committee, and they 
 
 finding
 
 4i' 
 
 :M1NUTE3 of the parliament of SCOTLAND, 
 
 finding that,' i. The Englifli'had no allowance made them on beef ^aud pork 
 cured for exportation;. -and, 2. That the quantity 'of beck and pork fo 
 faked and exported ovit of England, or out of Scotland, was very -incon- 
 fiderable, had reported, " That there ought to be no drawbacks upon the 
 ■" exportation of falted beef arid:pork," as i-n the minute of December 19. 
 
 But when this canie to be debated in the Parliarrtent, it was all unravelled 
 ■agaiir': fohi'e -gentlemen would have-ir, that Scotland 'was able to export great 
 quantities- of beef, falted and cured, to foreign parts ; nay, fome had before 
 •carried it farther, and in their arguing for a trade with France, had advanced 
 •what had never before been hearxl of, viz. That Scotland fhould fupply 
 France with l3eef, as they have formerly been fupplied from Ireland, and 
 propofed infinite advantages from fuch a trade. 
 
 But thefe gentlemen were foon filenced, when it was examined a little 
 upon what conditions, and in what quantities Ireland was able to fupply, and 
 did fupply, not France and our ifiand colonies only, but were able'to fupply 
 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, includ- 
 ing the fait and the calk it was packed in, at a halfpenny fterling per pound, 
 and that England was fo convinced of this, that they could export no flefh, 
 but fent their fliips generally to Ireland to load beef for their iflands, and 
 that France, upon all occafious, got their beef, if poffible, from Ireland, for 
 the viftualling their navies and merchant Ihips. Again, that the cattle in Ire- 
 land were larger and fatter than in Scotland, and their quantity fo great, that 
 England was obliged to prohibit their being brought over thither, othervvife 
 they would over-run the three kingdoms with the quantity ; and that Scot- 
 land having lefs quantity of feeding grounds, and their cattle being generally 
 kfler, it was not poflible that they could fupply the quantity of beef, or any 
 thing near the price with the Irifti; and that therefore it could not be fup- 
 pofcd the exportation of beef from Scotland could be confiderable 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 fame time having no allowances granted in the fame 
 cafe. 
 
 But a new obieftion turned the fcale. It was offered by fom.e, that in the 
 north eafl parts of Scotland, viz. at Aberdeen and the country adjacent, there 
 was a new and very advantageous trade, lately erefted for feeding fwine, 
 which being made fat with corn in great quantities, (and that being a 
 confumption of the produce of the land) the flcfh was cured an-d falted, 
 barrelled and exported to Holland for fale : and that this was a trade 
 which ou<Tht to be encouraged. It was added, that this, as it was an 
 
 vantageous
 
 WITH OBSERVATIONS THEREON. 423 
 
 advantageous trade to Scotland, fo it was a growing trade, and might 
 ? in time increafc to a very great degree, the Dutch demanding every year 
 more quantities than the country had been yet able to fupply ; that there 
 had been feveral years exported from 1500 to 2000 barrels of falted porlc 
 from Scotland to Holland, the Dutch ufing the fame for vidtualling their 
 Eaft-India fhips, and other ftiips that went upon long voyages. 
 
 This had fome appearance of argument in it,, and being pufhed 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 afterwards of beef and pork, the beef being brought in by the by. 
 
 It had been faid, as above remarked, that the Iriih 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 expor- 
 tation, and if poffible, to fct them upon an equal foot with Ireland, in the 
 trade of exporting beef, which, though It was proved, was not probable ; 
 yet as the affirmative carried fome poffibility, and the negative feemed to be 
 of no great confequence, the members came into it, and they paffed to^ 
 gether. 
 
 MINUTE Xim. 
 
 Monday, December 23, 1706^ 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the Parliament proceeded to the coniideration of what drawbacks fhall 
 be allowed upon the exportation of beef and pork- 
 
 And after fome debate thereon, a claufe was offered in relation thereto, in 
 thefe terms ; " And that there fliall be allowed four fhillings feven pence half 
 " penny fterling for every barrel of beef or pork, falted with foreign fait, and 
 *' exported for fale, alterable by the Parliament of Great Britain." And after 
 farther reafoning, 
 
 Agreed, that the drawbacks fhall be five fhilllngs flerling for every barrel 
 of beef or pork ; and the claufe was accordingly fo amended and read. 
 
 Thereafter it was propofed, that the faid drawback fhall not be alterable by 
 the Parliament of Great Britain, during the continuance of the duty upon 
 fidt in England. 
 
 And after fome debate there were two ftatcs of a vote offered, the firil in 
 thefe terms, " Approve of he above cLuife, viz. And that there fhall be al- 
 " lowed five fliillings fterling for every barrel of beef or pork faked with 
 " foreign fait, and exported for fale, alterable by the Parliament of Great 
 ^* Britain, yea or not :" And the fecond ftace in thefe terms, " Continue the 
 
 " premium
 
 424 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " premium of five iKillings upon the barrel of beef and pork, till the {lime be 
 ^' altered by the Parliament of Great Britain, or during the impofition on fait." 
 
 And after fomc reafoning, which of the two fliould be the Hate of the vote, 
 ■firft or feccnd, it was put to the vote, " FIrft or fccond." 
 
 And. before voting it was agreed, that the member's votes fhall be marked, 
 ;and that the lift of their names as they fliall vote, Ihall be printed and recorded. 
 
 Then the vote was put, *' Firft or fecond," and it carried, " Firft." 
 
 Thereafter it was put to the vote, " Approve the claufe or not ;" and it 
 earried, " Approve." 
 
 Thereafter the claufes of the eighth article of Union in relation to Scots fait, 
 were read, and the firft claufe or paragraph thereof again read; and after fome 
 reafoning thereon, it was moved, " That the exemption from the duty of Scots 
 *' fait, provided by the faid claufe to be for fevcn years, fhall be perpetual;" 
 and after fome farther debate, the confideration thereof was delayed till next 
 Jederunt of Parliament, to be then refumed previous to all other bufinefs. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XLIII. 
 
 The debates about the drawbacks on beef and pork ended now In a 
 fliort queftion ; whether it ftiouU be four ftiillings feven pence per barrel, 
 or five fhillings : and the difference being of no great confequence, the 
 fame arguments that carried it before to have any drawback at all, carried it 
 now to have that drawback fettled at the largeft rate of the two, fo that 
 affair ended. 
 
 Then the Houfe proceeded to the grand affair, the exemptions from the 
 fait tax in England. Great quarrels were raifed at the conceflions made by 
 the treaters in this cafe, who had exempted Scotland from the duties on 
 fait payable in England for feven years only; whereas it was alledged, 
 that the fait tax was a burden intolerable for Scotland, and that they would 
 no more be able to bear that duty in icvcn years, than now; and that 
 therefore they ought not to have fubjedled Scotland to it at all ; that It had 
 been allowed, the fait tax was a burden chiefly laid upon the poor, the 
 poor people In Scotland feeding much upon fait meats, and ufing great 
 quantities of fait: that to lay a tax on their fait, was to aflift in ftarving them, 
 and the like. This was an argument fo plcafing, and io much improved 
 without doors, that It made the oppofcrs of the Union grow popular, and 
 feem as if they were but mere advocates for the poor; that they were now 
 really defending their country, which the Commiflioners had abandoned, and 
 fhewed, that the concern for the. burdening Scot4and with unreafonablc ex- 
 
 2. a<ftions
 
 WITH OBSERVATIONS THEREON. 425 
 
 aftions had not been part of their bufmefs. Great hopes therefore were 
 conceived from this debate by fome people, who had the dcftruftion of the 
 treaty chiefly in their eyes ; for, as the ftruggle had not been faiall in Eng- 
 land to obtain an exemption from the fait tax to Scotland for feven years, 
 it was more than probable, that if a perpetual exemption was infiftcd on, 
 the Englifh Parliament would refufe it, and fo the Union might fplit upon 
 that rock ; which being fo fpecious, and feeming to be all done in mere con- 
 cern for the poor of Scotland, would therefore engage all the people of 
 Scotland in defence of it ; but this cloud vanifhed afterwards, though at 
 firft it looked black enough. 
 
 MINUTE XLIV. 
 
 Tiiejday, 'December 24, 1706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Addrefs of gentlemen and heretors of the parochins of Mayboll, Kirk- 
 michael, Girvan, Kirkofwald, and Barr, and of the magiftrates and town 
 council of Mayboll, and other inhabitants of the faid parochins widiin the ju- 
 rifdiftion of Carrick, fubfcribers of the fame ; againft an Union with England 
 in the terms of the articles, given in and read. 
 
 Thereafter thefe claufes of the eighth article of Union, In relation to Scots 
 fait, were again read. 
 
 And after fome reafoning thereon, a claufe was given in to be added thereto, 
 in thefe terms ; " And with proportional drawbacks and allowances as in Eng- 
 " land, with this exception, that Scotland, after the faid feven years, Ihall 
 *' remain exempted from the duty of two fhiUings and four pence a buftiel 
 *' on home fait, Impofed by an aS: made in England in the ninth and tenth 
 " of King William the Third of England ; and if the Parliament of Great 
 *' Britain fhall, at or before the expiring of the faid feven years, fubflitute any 
 *' other fund in the place of the faid two Shillings and four pence of excifc on 
 *< the bufliel of home fait, Scotland fhall, after the faid feven years, bear .1 
 " proportion of the faid fund, and have an equivalent in the terms of the 
 " treaty." 
 
 And after farther reafoning on the faid claufe, another claufe was given in 
 in thefe terras : " But Scotland fhall, in all time after the Union, be exempted 
 *' from paying of all duty or tax on fait made in Scotland, in fo far allennarly, 
 " as the faid fait fhall be made ufe of within that part of Great Britain now 
 " called Scotland ; but all fait made in Scotland, from and after the Union, 
 " that fliall be exported to that part of Great Britain now called England, or 
 «' to any other nation in fpecie, or that fhall be imployed in faking of fifh or 
 *« flefh to be exported, or for vi(ftuaUing of fhips to go to England, or any 
 
 3 I " other
 
 4*6 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 ** other nation, fhall be lyable to the fame duties as (hall be then payable for 
 " fait made In England, to be levyed and fecured in the fame manner, and 
 " with the like drawbacks and allowances as in England ; and that, after the 
 " Union, no fait whatfoever be brought from Scotland to England by land, 
 " in any manner, under tlie penalty of ." 
 
 And after farther debate on the faid two claufes, the vote was ftated, " Ap- 
 *' prove of the firfl: claufe or fecond." 
 
 But before voting, it was agreed, that the members votes fliall be marked, 
 and that the lift of their names, as they ihall vote, be printed and recorded. 
 
 And the Duke of Athole gave in the following proteft ; " Whereas fait Is 
 *' the moft ufeful and nccelTary ingredient in all forts of viftuals, any duties 
 *' or excife on the fame may prove a moft grievous and infupportable burden, 
 *' efpecially on the commons ; I do therefore proteft for myfelf, and in name 
 *' of all who fhall adhere, that the people of this kingdom now called Scot- 
 " land, ihall be free for ever of any duties and excifes on the fait made within 
 *' this kingdom." 
 
 Which being read, he took inftruments thereupon. 
 
 Then the vote was put, " Approve of the firft claufe or the fecond," and it car- 
 tied, " Firft." And at calling of the rolls, the Duke of Hamilton, the Marquis 
 of Annandale, the Earl of Errol, the Earl of Marlfchal, the Earlof Caithnefs, 
 the Earl of Wtgtoun, the Earl of Galloway, the Earl of Selkirk, the Vifcount 
 of Stormount, the Vifcount of Kilfyth, the Lord Saltoun, the Lord Oliphant, 
 the Lord Balmerino, the Lord Blantyre, the Lord Bargany, the Lord Beil- 
 liaven, the Lord Colvil, the Lord Kinnaird ; George Lockhart, of Carnwathj 
 Andrew Fletcher, of Saltoun; Sir Robert Sinclair, of Longformacus ; John 
 Sinclair, younger, of Stevenfon ; Mr. Alexander Fergufon, of Ifle ; John Brif- 
 bane, younger, of Biflioptoun ; Mr. William Cochran, of Kilmaronock ; James 
 Grahame, of Bucklyvie ; Robert Rollo, of Powhoufe ; Sir Patrick Murray, 
 of Auchtertyre ; John Murray of Strowan ; Mr. Thomas Hope, of Rankeilor; 
 Mr. Patrick Lyon, of Auchterhoufe ; Mr. James Carnagie, of Phinhaven, Da- 
 vid Grahame, younger, of Fintrie ; James Ogivie, younger, of Boyn ; Alex- 
 ander Mackgte, of Palgown; Mr. George Mackenzie, of Inchcoulter ; Alex- 
 ander Robertfon, Alexander Watfon, Alexander Edgar, John Black, Francis 
 Molifon, Robert Scot, Robert Kellie, Archibald Shiclls, Mr. John Lyon, 
 Sir David Cuninghamc, George Home, and Mr. Robert Frazcr, adhered to 
 the Duke of Athole's proteft. 
 
 Thereafter it was moved, " To read over the faid eighth article of Union, 
 " with the feveral additions and alterations, in order to the approving thereof." 
 
 But it being moved, " That the faid article, with the additions and altcra- 
 
 " tions, Ihould be firft tranfcribcd," the fame was delayed till the mxt/ederunt 
 
 of Parliament. 
 
 Adjourned till Thurfday next at ten o'clock, 
 
 O B S E R-
 
 WITH OBSERVATIONS THEREON, ^^i 
 
 OBSERVATION XLIV. 
 
 The debate of the laft day being renewed, occafioned fome warmth in 
 rlie Houfe, and great arguings there were about the poor in Scotland being 
 unable to pay the tax upon fait at all, and that therefore they ought not to be 
 left to the mercy of the Britifli Parliament ; the matters alfo of the difprp- 
 portion in the duties to the value in the refpeftive kingdoms, was alfo made 
 a ftrong motive againft the duty being laid upon the Scots, as a plain ine- 
 quality; fince, as the duty on fait lay then, being taxed by weight, the 
 Scots Ihould pay fixteen fliillings four pence, upon what in their country 
 yielded, exclufive of the duty but three Ihillings; whereas the Englifli 
 fliould pay no more on the value of ten fhillings fix pence, which was a great 
 difparity in the taxation by value. But to this it was anfwered, if the bulk 
 or quantity of fait was equal, and Scotland having their fait made ju^: 
 where it was expended, had, or could buy as much for three fhillings, as 
 the Englifh had or could buy for ten Ihillings fixpence ; the weight of the 
 fait being the fame, they were fo much the better able to pay fixtcen fhil- 
 lings four pence ©a that quantity of fait in Scotland, by how much it was 
 had cheaper by feven fhillings fix pence in its firft cofl, than the Englifh were, 
 who were obliged to pay feven fhillings fix pence for the fame quantity in 
 its firft coft, than the Scots paid. 
 
 To this again was objedted, the poverty of Scotland, and the difference 
 this made in the price of fait to the poor ; how necefTary the fait was to the 
 fiibfiflence of the poor, and how much it would raife the price, to the ge- 
 neral difcouragement and impoverifhing the labouring part of the people, 
 the Englifh duties being very near one penny per pound fterling upon the 
 fait, mofl of which duty would lie on thofc who were leafl able to bear it ; and 
 this, as I noted before, made the argument become popular, and the 
 oppofcrs of the Union began to be counted patriots, who ftrove mere- 
 ly for the fecuring their country from unreafonable and infupportable 
 taxes. 
 
 It is uecefHiry to note here, in order to let the reader into a true ftatc 
 of this qucflon, what the Englifli duties on fait were, which were thus flre- 
 nuoufly argued againfl : they were in fhort thus ; 
 
 Twelve pence per bufhel on fait, each bufhel to weigh fifty-fix pounds 
 averdupois weight, granted by the Englifh Parliament anno 5° William 
 and Mary, appropriated to the year 17 10. 
 
 3 I s Twenty-
 
 4zi MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Tvvent3'-e'ight pence per bufliel, weighing as above, granted 9 King William, 
 and appropriated for the payment of annuities redeemable by Parliament. 
 
 As may be feen more at large in the Appendix. 
 
 The treaters at London had agreed on both hands, to exempt Scotland 
 from the whole tax upon fait for feven years, as appears in the obfervations 
 on the minutes of the eighth article in that treaty, but had then left it, 
 with a conceflion, that then Scotland fliould pay as England fhould pay at 
 that time ; only it was fuppofed, the Britilh Parliament would confider 
 whether Scotland was any better able to pay then than before, according 
 to that claufe added in the fourteenth article, viz. " That it could not be 
 " fuppofed that the Parliament of Great Britain would ever lay any forts- 
 *' of burdens upon the united kingdom, but what they Ihould find of ne- 
 *' ceffity at that time for the prefervation and good of the whole, and with 
 *' due regard to the circumftances and abilities of every part of the united 
 *' kingdom." 
 
 But it was again alledged, that the words in this eighth article, viz.. 
 ** But from the expiration of the faid feven years, Scotland fhall be liable 
 " to the fame duties for (alt made in Scotland, as fhall be then payable foF 
 ** fait made in England :" Vide the treaty at London, article VIIL page 199. 
 obliged the Scots to the payment, and put it out of the power of the Parlia- 
 ment of Great Britain to alter it ; and that therefore the Parliament of 
 Scotland ought to take effedual care to prevent it, and to fecure the people 
 of Scotland againft it. 
 
 There were a great many fpeeches made on this fubjeft, and fomething 
 harlh enough paft on both fides, which I care not to relate, for the fake of the 
 gentlemen thai Ihewed themfelves a little out of temper here: but at length 
 a medium was propofed in th€ terms of the firft claufe of the minute, which 
 exempted Scotland from the two fhilllngs four pence per bufiiel, mentioned 
 above, and appropriated to the Eaft-India Company, and let the twelve 
 pence per bufhel ftand, as a thing not of fo much confequence : 
 
 1. Becaufe the fum was not fo confiderable as to make it infupportable 
 to the poor. 
 
 2. It was not appropriated to any payment farther than to the year 17 10,, 
 and fo might determine in a fhort time; whereas the two {hillings four pence 
 per buftiel, was adually fettled as a fund for payment of annuities for 
 ninety- nine years, and muft certainly fall upon Scotland at the end of 
 feven years. 
 
 This fecmed a very reafonable propofal ; though it did not anfwer the end' 
 of thefe gentlemen, whofc aim, as I hinted before, was at the treaty in general; 
 
 for
 
 WITH OBSERVATIONS THEREON. 429 
 
 for it was a moderating between both, bearing a part which they could 
 bear, and yet taking off that part which the poor were faid to be pinched 
 by, and which they pretended would cifedtually have raifcd a national 
 difcontent. 
 
 The gentlemen on the other fide were a little filenced with this proposal; 
 they at firft indeed pofitively infifted, as in the Duke of Athol's proteft, 
 that Scotland fhould be for ever free, &c. of all duties on fait ; but they 
 were fubdued by the reafonings of the other gentlemen, upon the equity- of 
 the above propofal ; and unlefs, as in general, objedling againft the whole 
 treaty, there was no withftanding it. Yet after fome debating, there was' 
 found an exception to this too; and that was, that though the two fhillings 
 four pence was thus provided againft, it was but a fingle term, and the Par- 
 liament of Great Britain might fet that duty afide, and lay fome other tax 
 on in the room of it, which might be the fame thing, or worfe, and fo this 
 exemption might be eluded, and this they called without doors, a defign to 
 trepan Scotland, or draw her into the fnare of the duty, under the pretence 
 of an exemption. 
 
 . But this was foon warded againft; and the latter part of the claufe, 
 effeftually ftopt that gap, viz. " That if the Parliament of Great Britain 
 " fhall at, or before, the expiring of the faid feven years, fubftitute any 
 " other fund in the place of the faid two fhillings four pence of excife on 
 " the bufhel of home fait, Scotland fhall, after the faid feven years, bear a 
 *' proportion of the faid fimd, but fliall have an equivalent in the terms of 
 " the treaty, that is, in the terms of the fourteenth article, which fays, that 
 *' Scotland fliall have an equivalent for what the fubjedls thereof fhall be 
 " charged towards payment of the debts of England, in all particulars 
 ** whatloever." Vide treaty at London, article XV. page 201. 
 
 This brought the matter of debate to an end ; and there was nothing left 
 but to put the vote. The other party offered a claufe of general and abfo- 
 lute exemption, as per the minute : but it was voted not to be the ftate of 
 the queftion; fo the affair ended with the Duke of Athol's proteft, as per the 
 minute. 
 
 Yet it muft be obferved, that this ftep taken by the Parliament, went 
 a great way to flop the mouths of the people, who began to be ftrangely 
 alarmed at the apprehenfions of the fait duty, which was cried out as in- 
 fupportable ; but their being wholly exempted from it for feven years, and 
 for ever exempt from all bxit twelve pence per buftiel ; the burden was both 
 leffened in the main, and remote in profpeft, and fo the general clamour 
 wore off. 
 
 It was indeed a great abatement to that article as ftated at London, and 
 fome people flattered themfelves with the hopes, that it would occafion 
 
 fome
 
 4^t» MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 fome debates in the Parliament of England, and perhaps fuffer fome altera- 
 tions there, which might occafion the returning the whole to Scotland again ; 
 but that view proved fictitious, and the gentlemen found themfelves difap- 
 
 pointed. 
 
 MINUTE XLV. 
 
 Thurfday, December 26, 1 706. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Addrefs of parochioners of Clackmannan, fubfcrlbers of the fame, againfl 
 an Union with England in the terms of the articles, given in and read. 
 
 Thereafter the'eighth article of Union, with the feveral alterations, additions, 
 and enlargements, was twice read over. 
 
 And the vote being flated, " Approve of the faid eighth article as amended 
 *' or not," it carried, " Approve." 
 
 Then the fecond claufe of the fifteenth article of Union, beginning with thefe 
 words, " And in regard that after the Union Scotland," and after fome rea- 
 foning thereon, it was agreed to. 
 
 The third claufe of the faid fifteenth article, beginning with thefe words, 
 " And for the farther and more effectual anfwering," was alfo read and 
 agreed to. 
 
 The fourth claufe beginning with thefe words, " And that upon the faid ac- 
 *' count there lliall be anfwered to Scotland," was likevvaj^s read and agreed to. 
 
 The fifth claufe of the faid fifteenth article beginning with thefe words, 
 *' And whereas from the expiration of feven years," was alfo read, atjd or- 
 ■dered to be delete, being determined by the eighth article. 
 
 The fixth claufe beginning, " And generally, that an equivalent fiiall be an- 
 " fwered to Scotland," was read, and the words, " or fait," appointed to be 
 delete; and after fome reafoning on the faid claufe, after deleting thefe words, 
 the vote was put, " Approve of the faid claufe or not," and it carried, " Ap 
 ** prove." 
 
 Then the feventh claufe of the faid fifteenth article, beginning thus, " And 
 " as for the ufes to which the faid fum of three hundred ninety-eight thou- 
 *' fand," was read; as alfo, the reprefentation of the Council General of the 
 Company of Scotland, trading to Africa and the Indies, and the confidcration 
 of both delayed till next federmt of Parliament. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XLV. 
 
 The eighth article was now pafl"ed without any more debates ; the amend- 
 ments were all read, being put together, and as the Houfe had ordered, 
 tranfcribed into form, as you will find them in the treaty printed in the Ap- 
 pendix* 
 
 And
 
 WITH OBSERVATIONS THEREON. 431 
 
 And now we are come to the great article of the equivalent, which has of 
 itfelf made more noife in the world than all the other articles, and which, 
 though in itfelf founded upon the higheft juflice to Scotland, being the 
 only means to bring the difcording circumftances of the nations to unite, and 
 was dated with the greatcfl exadlnefs, and the niceft and moft unexception- 
 able calculations, that the wit of man could perform ; yet it met with the 
 greateft oppofition, and was treated with the moft contempt in Scotland of 
 any other part of the Union ; nay to that degree, that, when the very money 
 itfelf 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 infult the very- 
 people that brought it. 
 
 I muft therefore be excufed if the obfervations on this point exceed the 
 bounds of that brevity I at firft propofed to myfelf, and that I endeavour 
 to be as particular as poffible upon this head. 
 
 The firft claufe of this article had been voted and agreed to, not without a 
 great ftruggle in the Parliament, on the feventh of the fame month of De- 
 cember, as per the obfervations upon the minutes of that day appears, to 
 which I refer ; and the remaining part of the article was adjourned till the 
 reports of the Committee appointed to confider of the fixth and eighth arti- 
 cles were received and confidcred ; which being now ended, the Houfe pro- 
 ceeded to the fubfcqucnt articles. 
 
 The firft claufe of the article was the main preliminary to the reft, viz. 
 Whether Scotland fhould be obliged to come into the appropriated duties 
 of England, and confequently have her revenues appropriated to the pay- 
 ment of the Englilb debts, receiving from England an equivalent. What 
 that equivalent fhould be, viz. Ready money ? How much it fliould be, 
 viz. Three hundred ninety-eighty thoufand eighty-five pounds ten ftiillings ? 
 And whether that fum was rightly calculated ? All this was determined as 
 above. 
 
 The fecond claufe which came now to be debated was thus : " And in re- 
 ** gard, that, after the Union, Scotland becoming liable to the fame cuftoms 
 ** and duties payable on import and export, and to the fame excifes on all 
 ** excifeable liquors as in England, as well upon that account as upon the 
 •* account of the increafe of trade and people, (which will be the happy 
 " confequence of the Union) the faid revenues will much improve beyond 
 ** the before-mentioned annual values thereof, of which no prefent eftimate 
 ** can be made; yet neverthelefs, for the reafons aforefaid, there ought to be 
 " a proportionable equivalent anfwered to Scotland." It is agreed, " That, 
 ** after the Union, there Ihall be an account kept of the faid duties arifing 
 
 in
 
 43a' MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 *' in Scotland, to the end it may appear what ought to be anfvvered to Scot' 
 " land, as an equivalent for fuch proportion of the faid increafe as ihall be 
 ,'*' applicable to the pa)'ment of the debts of England." 
 
 This was only to oblige the.perfons appointed by the government to direft- 
 
 '■the treafury of Britain, that an exaft account might be kept what part of the 
 
 ^^revenue of Scotland was to be ajipropriated, and for which the equivalent was 
 
 ' to be raifed, in order alfo to come to a certainty in the meafures which v/ere 
 
 *to be taken with the remainder : and therefore this needed little debate ; yet 
 
 it will occafion a farther remark prefcntly. 
 
 The third claufe runs thus : " And for the farther and more efFedtual an- 
 •*' fwering the feveral ends hereafter mentioned," it is agreed, " That from 
 "^ and after the Union, the whole increafe of the revenues of cufloms, and 
 *' duties on import and export, and excife upon excifeable liquors in Scot- 
 " land, over and above the annual produce of the faid refpeftive duties as 
 *' above Hated, Ihall go and be applied for the term of feven years to the ufes 
 ^' hereafter mentioned," 
 
 This was a general referring alfo to the particulars to which the overplus of 
 the revenue of Scotland fhould be applied, and this will alfo come to be dif- 
 courfed of in its place, being here pafled of courfe. 
 
 The fourth claufe was, " And that, upon the faid account, there fhall be 
 " anfwered to Scotland annually, from the end of feven years after the Union, 
 '*' an equivalent in proportion to fuch part of the faid increafe as fhall be ap- 
 *' pllcable to the debts of England." 
 
 This claufe could admit no debate on, the Scots fide; fince, as they had 
 .agreed, by the firft claufe, to come into an equality of duties, this was capi- 
 tulating in behalf of Scotland, that an equivalent Ihould be paid by England 
 for fo much of the revenues of Scotland as Jhould be applied to the Englifh 
 debts, over and above what had been already ftated in the equivalent named in 
 the former claufe. 
 
 And here I fliall take the freedom to quote what the former gentleman I 
 quoted before gave as his opinion on this very head, I mean Mr. Baron Clark, 
 whofe judgement I think I may be allowed to appeal to, and who was a wit- 
 nefs to, and prefcnt in Parliament at, all thefe debates. See his eflay on the 
 fifteenth article of Union, page 200, in thefe words : 
 
 2. " That which is moft remarkable in this whole article, and particularly 
 " to be taken notice of, is this, viz. That, from the commencement of the 
 " Union, the whofe increafe of the revenues of cuftoms and duties on im- 
 *' port and export, and excife upon excifeable liquors, over and above the 
 •*' annual produce of the faid refpcftive duties, as above ftated, fhall be ap- 
 2 plied
 
 (C 
 
 WITH OBSERVATIONS THEREON. 433 
 
 " plied for the term of feven years, to the nfe and advantage of Scotland ; the 
 <' meaning whereof is hereby illuftratcd. . 
 
 Suppofe the cuftoms of Scotland, after the Union, (what upon the ac- 
 count of a greater trade, or upon the account of taking upon us the Englifh 
 
 • ♦' cuitoms) fhould increafc to 80,000 1. fterling, which I believe no trading 
 " man will doubt of, then it is plain, that in regard there is an increafc of 
 " thefe cuftoms of 50,000!. above the prefent extent, therefore that increafc 
 " is by this paragraph allowed to Scotland yearly, for the aforefaid term of 
 
 • " feven years, which will be a greater encouragement to Scotland, and by 
 
 - *' confequence an advantage to the whole ifland ; fince it is not to be doubted 
 *' but fuch an annual fum of 50,0001. will be employed during that time, to- 
 
 ,*' wards fuch ends and ufes as will be moft for the honour and advantage of 
 " this poor country. 
 
 •' Upon this conceffion of the increafc of cuftoms and excifes for feven 
 *' years it is likewife to be obferved, that the fum of 22,8741. that falls at 
 " September 17 10 above mentioned, will likewife go for the remainder of 
 *' the term of feven years, after the Union, towards the behoof of Scotland, 
 " if fo be that the cuftoms and excifes that raile that fum are continued, and 
 ** nor- appropriated for other ufes. 
 
 3. From the laft part of the paragraph it is to be obferved, that there Ikall 
 
 - *' be anfwered to Scotland annually, after the expiration of the forefaid term 
 " of feven years, an equivalent in proportion to fuch parts of the increafe as 
 
 -*' iliallbe applied towards payment of the debts in England. For explaining 
 •- *' of which, it may be obferved, 
 
 " Suppofe, after the forefaid term of feven years, the cuftoms of Scotland 
 ■ " ftiould rife to 1 20,000 1. yearly, which is an increafe of 90,000!. above 
 *' what they are now ftated at; in that cafe the faid increafe of 90,000!. 
 '"'■ would be difpofed of as follows : 
 
 " Towards the civil government of Britain - ' £• ^JjOoy 
 Towards the general expence of the nation - i>7io 
 
 Towards payment of the debts of Britain - - - 71,283 
 
 In full of the faid 90,000 
 
 
 " This laft article of the accompt is very remarkable, extending to no lefs 
 " than a fum of" 71,287!. to be applicable towards the debts contradted before 
 *' the Union. But this needs not amufe any perfon ; for in the firft place it was 
 " fuppofed, if there be a peace concluded, and fo an end put to the prefent 
 ** war, then will the debts of England be in a few years fully paid. The 
 *' confequence of which will be, that the cuftoms and excifes, which, after 
 
 3 K the
 
 434 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " the Union, will be payable by the fubjedls of Great Britain, Ihall then be 
 " entirely taken off and let fall. In the next place, though the faid fum of 
 " 71,2871. be applicable yearly towards the payment of Englifli debts, 
 " yet there fhall be an annual equivalent given by England to the extent of 
 " that fum; which leads us toconfider a queftion, Whether or not that fum 
 *' of 71,287]. will be fent up yearly to England for paying thefe debts ? 
 *' I anfwer, No; for ifitfhould, then, by the nature of the equivalents, that 
 *' very fum behoved to be fent back to us again, vvhich is a certain needlefs 
 " trouble; and lawyers, when they intend to amule their clients with fpeak- 
 *' ing a fort of Latin, have this in their mouths, applicable enough to this 
 " purpofe, Frujira petiiur quod mox eji refitiucfhium. 
 
 " Wherefore any man may fee that this fum is not to be fent to England, 
 *' but muft remain among us. 
 
 ** Could it ever have entered into the heads of men, in their right wits, 
 *' to burden a poor nation with an annual payment of a great fum for debts 
 " they never contrad:ed, without at the fame time allowing a re-imburfe- 
 *' ment to them? And if fo, can w.e imagine that matters will be fo con- 
 " founded, as that they muft fend yearly great fums out of Scotland to Eng- 
 " land, for no other end than immediately to be returned back again? This 
 -" is fo ridiculous, that it is fcarcely to be fpoken of." 
 
 Thus far Mr. Baron Clark; to which I fhall add nothing, but that his rea- 
 fonings were fo plain that they needed no explication. 
 
 The fifth claufe was thus : " And whereas, from the expiration of feven 
 " years after the Union, Scotland is to be liable to the fame duties for fait made 
 " in Scotland, as fhall be then payable for fait made in England. It is agreed, 
 " That when fuch duties take place there, an equivalent flaall be anfwered 
 " to Scotland for fuch part thereof as fhall be applied towards payment of 
 " the debts of England; of which duties an account fliall be kept, to the 
 " end it may appear what is to be anfwered to Scotland as the faid equivalent.** 
 
 This required only to be left out, as being ufelefs,fince the affair of the fait 
 was fettled otherwife in the precedent day's vote ; fo that hitherto rhefe were 
 all negative claufes in the main. 
 
 The fixth claufe was, " And generally, that an equivalent ihall be an- 
 " fwered to Scotland for fuch parts of the Englifli debts as Scotland may 
 *' hereafter become liable to pay by reafon of the Union, other than fuch for 
 " which appropriations have been made by Parliament in England of the cuf- 
 " toms, or other duties on export and import, excifes on all cxcifeable liquors 
 " or fait ; in rcfpedt of which debts, equivalents are herein before provided." 
 
 The oppofition made to this article was on the fame foot as the oppofition 
 made to the firfl claufe, viz. That they would not have Scotland come inta 
 
 the
 
 WITH OBSERVATIONS THEREON. 435 
 
 the Engliili debts at all; but having confcntcd to come in as far as the equi- 
 valent extended, they were for making a flop there. But this was found im- 
 prafticable, after the duties which were to be paid by Scotland were affcntcd 
 to, to have turned them from the channel of appropriation which the like du • 
 ties in England were appointed to run in by adtof parliament, could not well 
 be done; fo after a fliort difpute about the pofTibility of this, it was paffed 
 over alfo. 
 
 They now came to the debate of the application of the equivalent ; but 
 this was too long a fubje(ft to enter upon that day, fo it was adjourned to the- 
 next time. 
 
 MINUTE XLVI. 
 
 Friday, December 27, 1706. 
 
 Prayers fald. 
 
 Rolls called. 
 
 The Lord Chancellor acquainted the Parliament, that notwithftanding the fe. 
 veral addrefles brought in and prefented to the Parliament, " againft an incor- 
 •* porating union with England, in the terms of the articles," have been under 
 due confideration during the whole procedure upon the articles of Union; yet 
 there is now information, that letters are fent through feveral corners of the 
 kingdom, defiring the fubfcribers of thefe addrefles to come in and aflemble at 
 Edinburgh, upon pretence of waiting the effeft of the faid addrefles, and of 
 knowing what return the Parliament will give them. All which he was direfted 
 by hjs Grace Her Majefliies High Commiffioner, to lay before the Parliament, 
 to the efFcft proper meafures may be refolved upon, for preventing any evil con- 
 fequences from thefe prad:ices. 
 
 And after fome difcourfe thereupon, a proclamation was brought in and read 
 againft all fuch meetings and gatherings of the fubje&s as unwarrantable, and 
 contrair to law. 
 
 And after farther difcourfe, as to the ground of the information, 
 
 Her Majefties High Commiflioner was pleafed to fignify to the Parliament, 
 that he had information from feveral corners of the kingdom of the great pains 
 and methods which had been ufed to procure fubfcriptions to addreflTes, and to 
 call into Edinburgh the fubfcribers againft a precife day to back thefe addrefl'es. 
 
 And after debate upon the draught of the proclamation, the vote was ftated, 
 '* Approve of the proclamation or not." 
 
 But before voting it was agreed to mark the members votes, and that the lift 
 of their names as they fliall vote, be printed and recorded. 
 
 And George Lockhart, of Carnwath, gave in the following proteftation,viz. ** I 
 ** George Lockhart,of Carnwath, proteftfor myfelf, and all others who Ihalladhere 
 
 3 K 2 "to
 
 436 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " to this my proteftation, that this proclamation now offered to be emitted, dif- 
 " charging barons, freeholders, and heretors within this kingdom, to come to 
 ^' Edinburgh in time of fitting of Parliament, fliall no ways prejudge the 
 " rights and privileges of the barons, freeholders, and heretors of this king- 
 " dom, competent to them by the laws of this nation." 
 
 Which being read, he took inftruments 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 of 
 Errol, the Earl Marlfchal, the Earl of Wigtoun, the Earl of Selkirk, the 
 Vifcount of Stormount, the Vifcount of Kilfyth; 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 Brifbane, younger, of Bifhoptoun ; Mr. William Cochran, 
 of Kilmaronock ;■ James Grahame,of Bucklyvie'; Robert -RoUo, of'Powhoufe ; 
 Sir Patrick Murray, of A.uchtertyre j John Murray, of Strovvan ; Alexander 
 Gordon, ofPitlurg; John Forbes, of Colloden ; David Bethune, of Balfour; 
 Maior Henry Balfour, of Dunboig ; Mr. Thomas Hope, of Rankeilor; Mr; 
 Patrick Lyon, of Auchterhoufe ; Mr. James Carnagie, of Phinhaven ; David 
 Grahame,, younger, of Fintrie ; James Ogilvie, younger, of Boyn ; Alexander 
 Mackgie, of Palgown ; James Sinclair, of Stempiler ; Mr. George Mackenzie, 
 of Inchcoulter ; Alexander Watfon, Francis Molifon, Mr. John Lyon, Sir 
 Robert Anftruther, Mr. John Caruthers, George Home, and John Bain, ad- 
 hered to the proteftation given in by George Lockhart, of Carnwath. 
 Adjourned till Monday next at ten o'clock. 
 
 OBSERVATION XLVI. 
 The work of this day explains itfelf, and needs but little remark ; this 
 was a new fhift, if poffible, to have diverted the Parliament from going on- 
 witK the great work of the Union; nimults and riots in the country had 
 been tried in vain, and the Glafgow rabblers were clofe in the caftle of 
 Edinburgh; mobs and rabbles in the ftreets had been fupprefled, and the 
 guards did conft'ant duty in the city, walked the rounds in the night, and 
 kept the ftreets quiet ; the meeting of the heretors and fencible men had 
 been difcharged by proclamation, and the claufe in the A(!il of Security, Ht 
 cenfing them to do (o, had been repealed ; fo that now no room was left for 
 violent methods, except by open and adtual rebellion, and that had all pof- 
 fible provifion made for it in the laws, and the Queen had ordered troops to 
 the borders of England, as is before noted, in order to aflill and fupport the 
 Governnicnt in cafe of neccffity.. 
 
 The
 
 WITH OBSERVATIONS THEREON. 437 
 
 The only pretence therefore now, was this. The addrcflcs, as you will 
 read in the minutes, had been continually brought in againft the Union from 
 all parts of the kingdom. Anfwers were not given, nor expcfted to be given 
 by the Parliament, but they lay before the Parliament for their confidc- 
 ration; and an addrefs lying before the Parliament, is, by the nature of the 
 thing, fuppofed to be under confideration ; but the addreffcrs pretending 
 that no regard was had to their addreffes, pretend now to come all up to 
 Edinburgh, to wait for, or rather to demand anfwers to their addreffes ; this 
 was too barefaced a pretence not to difcover its own meaning; and there- 
 fore the Parliament immediately agreed to the proclamation, to diCphargeor 
 forbid all fuch gatherings or meetings of the fubjcdls, as unwarrantable and 
 contrary to law. See the proclamation in the Appendix, No. B x x. 
 
 You will obferve, that on feveral occafions after the firfl propofal of 
 printing the names of fuch as voted on either fide, the like lift of names 
 was ordered to be made public ; it would have been too long to have fub- 
 joined thefe to every vote, and alfo been troublefome and ufelefs to the 
 .•reader; but this cafe being fomething Angular, 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 E x x, by which fome guefs may be 
 made, who encouraged or difcouraged the violences of thofe times, and 
 what encouragements were fuggefted to thofe without, from the proceedings 
 and condud: of thofe within. 
 
 It was e'xpedted by fome people that thefe tUmults Ihould have had great 
 encouragement on the part of tlic church ; and great pains were taken to 
 draw in the minifters, in feveral parts, to efpoufe the quarrel, and ro appear 
 with the people againft the Union. 
 
 But the minifters, however they fliewed themfelves againft the Union in 
 general, and againft the feveral particulars as they concerned them, yet they 
 ihewcd no inclination to encourage the tumultuary methods that the violent 
 tempers of other people fcemed to be precipitating the nation into ; and 
 therefoif the letter wr';:ten by the Commiflion to the feveral Prefbyteries, 
 was very feafonable, not only to prevent the mifchiefs threatening the peace 
 ©f the kingdom at that time, but alfo to vindicate the Commiflion of the 
 Affembly from the afperfions railed upon them from the above fuppofition ; 
 copy of which I have inferted in the Appendix, with the anfwer of the 
 Preftjytery of Hamilton to it, No. Ox, Px. 
 
 It would have been endlefs to have added here the particular addreffes 
 which were prefented from the feveral parts of the kingdom ; however, fome 
 ®f the moft fignificant I have added in the Appendix, marked as follows : 
 Addrefs from the Prefbytcry of Hamiltoun, No. N x, which was very 
 
 particular ^
 
 438 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 particular ; the Prefbytery of Dvimblain, No. L x ; with the Addrefs from 
 Kirkcudbright, No. M x ; the town of New Galloway, No. Qjc ; Dum- 
 ferhiling, No. R. From thcfe addrefles, the bulk of the reft may be gucffed 
 at ; only it may be noted, there were but three Prefbyteries in the whole 
 kingdom that addreffed at all, viz. Lanerk, Hamilton, and Dumblain, 
 there being fixty-eight Prefbytcries in the whole. 
 
 MINUTE XLVII. 
 
 Monday, December 30, 1706. 
 • Prayers faid. 
 
 Rolls called. 
 
 Thereafter the firft part of the feventh and laft claufe of the fifteenth article 
 of Union, beginning thus, " And as for the ufes to which the faid fum of 
 *' 398,085 pounds," &c. was again read, and after reafoning, the reprefentation 
 of the Council General of the Company of Scotland trading to Africa and the 
 Indies, was alfo again read ; and after farther reafoning thereupon, and upon 
 the application of the equivalent, a propofal was given in for altering and 
 amending the faid firft part of the above feventh and laft claufe of the faid 
 fifteenth article, in thefe terms, viz. 
 
 " It is agreed, that, in the firft place, out of the forefaid fum, what con- 
 *' fideration fliall be found neceflary to be had for any lofles which private per- 
 *' fons may fuftain, by reducing the coin of Scotland to the ftandart and value 
 *< of the coin of England, may be made good. In the next place, that the 
 *' capital ftock or fund of the African and Indian Company of Scotland, ad- 
 " vanced, together with the intereft of the laid capital ftock, after the rate of 
 *' five per cent, per annum, from the refpcdlive times of the payment thereof, 
 *' ftiall be payed : upon payment of which capital ftock and intereft, it is agreed 
 *' the faid Company be dillblved and ceafe ; and alfo, that from the time of 
 *' paffing the ad: of parliament in England, for laifing the faid fum of 398,085 
 " pounds ten ftiillings, the faid Company ftiall neither trade nor grant licence 
 " to trade : providing, that if the faid ftock and intereft ftiall not be payed in 
 *' twelve months after the commencement of the Union, that then the faid 
 *' Company may, from thence forward, trade, or give licence to trade, until 
 " the faid haill capital ftock and intereft ftiall be paid : and as to the overplus 
 " of the faid fum of 398,085 pounds ten ftiillings, after payment at' what 
 " confidcration ftiall be had for lolics in repairing the coin, and paying the 
 «' faid capital ftock and intereft ; and alfo the haill increafe of the faid revenues 
 " of cuftoms, duties and excifes, above the prefcnt value, which fliall arife in 
 *' Scotland during the laid term of feven years, together with the equivalent, 
 << which ftiall become due upon the improvement thereof in Scoihmd, after 
 
 "the
 
 WITH OBSERVATIONS THEREON. 439 
 
 ** the faid term, and alfo as to all other fums which, according to the agrce- 
 " ments aforefaid, may become payable to Scotland by way of equivalent, for 
 ** what that kingdom fhall hereafter become lyable, towards payment of the 
 " debts of England ; it is agreed, that the fame be applyed in manner follow- 
 " ing, viz. That all the public debts of the kingdom of Scotland, as fhall be 
 *' adjuftcd by this prcfent Parliament, fliall be payed, and that 2000 pounds 
 " fterling per annum, for the fpace of fcven years, fliall be applied towards 
 *' encouraging and promoting the manufafture of courfe wooll within thefe 
 *' fliires which produce the wooll, and that the firft 2000 pounds fterling be 
 " payed at Martinmafs next, and fo yearly at Martinmafs during the fpacc 
 " forefaid ; and afterwards the fame fhall be wholly applied towards the en- 
 " couraging and promoting the fiflieries and fuch other manufadlures and im- 
 *' provements in Scotland, as may moft conduce to the general good of the 
 *' united kingdom." 
 
 Which being read, and after reafoning thereon, it was moved, ** That the 
 *' Company of Scotland trading to Africa and the Indies be heard by their 
 ** lawyers upon the rights and privileges of the faid Company before any far- 
 ** ther procedure." And after debate, 
 
 The faid haill feventh and laft claufe of the faid fifteenth article of Union, 
 from thefe words, " And as for the ufes to which the fajd fum of 398,085 
 " pounds fterling," to the end, with the above alteration and amendment, was 
 read over. 
 
 And thereupon there were two ftates of a vote offered, the firft in thefe 
 terms, " Approve of the fifteenth article of the Union, as altered and amended, 
 *' yea or not ;" and the fecond in thefe terms, " Whether this Houfe will 
 *' diflblve the Indian and African Company, without the confent of the pro- 
 *' prietors, and hearing the Companies lawyers upon the rights and privileges 
 " of the faid Company, yea or not ;" and after fome reafoning which fhall 
 be theftate of the vote, " Firft or Second," 
 
 It was agreed before voting, That the members votes be marked, and 
 that the lift of their names, as they vote, be printed and recorded. 
 
 Then the vote was put, " Firft or Second," and it carried, "Firft." 
 
 Thereafter it was put to the vote, " Approve of the faid fifteenth article, as 
 *' altered and amended, or not," and it carried, " Approve." 
 
 Then an overture given in, in thefe terms, " That it be remitted to the 
 *' Committee to confider what confidcration fhall be had of the lofles of the 
 ** coin ; as alfo what the capital ftock and intereft of the African Company 
 ** may amount to, and how and to whom the fame fhall be paid, and likewife 
 *' to adjuft the lift of the publick debts, and to prepare overtures on thefe 
 " feveral heads, and to report to the Parliament, with power to them to c^U 
 
 I " for
 
 440 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " for papers and perfons ;" and accordingly it was remitted to the Committee 
 to whom the fixth and eighth articles were remitted. 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XLVII. 
 
 Upon this part of the application of the equivalent, great flir was made, 
 on pretence of preferving the African Company, and feme papers were of- . 
 fered to the Parliament. • 
 
 The Company made a long reprefentation to the Parliament, necdlefs to 
 lie inferted here. 
 
 There was a party who pretended t^o flruggle, and fome motions appeared 
 in the Houfe to that purpofe, againft the dillblving the African Company. 
 It is confefled, the Company was a thing the nation had a great concern in, 
 alrnoil; ey.ery confiderable family in the kingdom having fome ihare in the 
 Hock, and confequently in the lofs^ for it was reckoned no better : the hifto- 
 rical part of that tranfadlion does not relate to this place, but it may be 
 proper to fay a little to it, to introduce the true underflanding of the vote. 
 
 The Company had been eredted upon a general fubfcription of 600,000], 
 fterling, moil of it fubfcribed in Scotland, upon which every fubfcriber had 
 paid down a certain part of the fum fubfcribed, and was liable at the call of 
 the Company to be purfued for the remainder, and to pay it all in, as by 
 the feveral adts of parliament, fettling and confirming the faid Company, 
 will appear. 
 
 Upon the mifcarriage of the expedition to Darien, and the return of their 
 fliips, &c. the Company was fo difcouraged and difheartened, that no new 
 attempt, either there or any where clfc, had been fo much as talked of, nor 
 were any other, payments demanded, the lofs of what was already expended 
 lying very heavy upon the nation, and particularly upon fome families who 
 could very ill bear it. • 
 
 The defign had fo effeftually mifcarried, that the flock advanced was not 
 only expended^ but the Company was brought very low, and was very far 
 in debt upon the account of their faid expedition to Darien ; and the fub- 
 fcribers were always apprehenfive of a call upon them of fome farther pay- 
 ment, to difcharge the remainder due on the old voyage, or perhaps to form 
 fome new expedition, and this made fome people fo uneafy, that they fold 
 their ftock in the faid Company for trifles, only to be fccurcd againft farther 
 demands ; in general, the intereft in the faid ftock was come to fo low an 
 ebb, that people valued themfelves little or nothing upon their fhares iit 
 it ; and when the firft view of the Union came on, and fome thought one way 
 2 of
 
 WITH OBSERVATIONS THEREON. 441 
 
 of it, fome another, they either bought or fold as their opinion of the Union, 
 and its profpedl of fuccefs either increafcd or dccreafed; and indeed the pub- 
 lic expedlation of the fuccefs of the Union ran very low at this time, as may 
 be fuppofed, from the value now put on the flock of the African Company, 
 which was fallen fo low, that fevcral people offered to fell their whole intercft 
 for ten per cent, on the original ftock, though at the fame time they faw, that 
 if the Union took place, the whole principal money, with intereft, was to be 
 repaid them. 
 
 There feemed to be abundance of difficulties in the way of the treaty ; the 
 fury of the rabbles, the tumults in the ftrcets, the ftrength of the oppofition, 
 and the abundance of debates they were yet to go through, gave fo mean a 
 profpedt of the Union, that though it was an article in the treaty, that when 
 it was finilhed all the ftock of the African Company fhould be repaid with 
 intereft, as above, out of the equivalent money; yet nobody valued themfelves 
 upon it then, nor were any very fond of buying, though the demand was 
 exceedingly low ; and indeed fo low, as told every one the fellers looked upon 
 it as a defperate cafe that they had no dependence upon, and very little ex- 
 pectation from. 
 
 It was expedled there fhould have beeti a debate upon the previous quef- 
 tion. Whether the African Company fhould be diffolved or not ? and as 
 per the vote, it was propofed to hear lawyers or counfel in behalf of the 
 Company ; but it was apparent this alfo was a propofal not fo much in be- 
 half of the Company, as in order to put a full ftop to the Union, fince it w^s 
 evident two companies could not be confiftent in Britain. 
 
 Nor was it alledged, that the proprietors of the Company, had it been put 
 to the queftion, would have defired the Company to continue, and fo have 
 difburfed farther fums to carry on their trade, in hope of making up and re- 
 covering their money; and this rather than have received their principal 
 fums with intereft back again, which was a thing they had no reafon to 
 expedl. 
 
 The propofal therefore was rejected ; not that every man's confent, in his 
 own private right, was not acknowledged to be needful : but this being a 
 public adt granted by Parliament, the Parliament firft fecuring ever}^ man his 
 whole principal and intereft from the very time of payment, had undoubt- 
 edly a power to refcind their own adt, and cau.fe to ceafe all the powers and 
 privileges which derived from them. 
 
 Upon this foot it was thought juft to repeal the a.6ts eftablifliing the Com- 
 pany, even without hearing their lawyejs, or demanding their affent. Again, 
 had the affent been demanded, it ought' to have been not an'alTent of the 
 
 3 L direftors
 
 441 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 direftors or council, but of every proprietor, which, as it might have been 
 difficult, and, perhaps, impofEbIc, would have cifedlually anfwered the end 
 of thofe gentlemen who fought to bring thele matters to a head of debate, 
 and fo have wrought out of them the wiflied-for delay to the Union then in 
 hand. 
 
 Some alfo alledged this cafe as parallel to the great cafe now depending, 
 and would have argued the laft from the confequence of the firft, viz. that as 
 the Company could not be diffblved by the confent of the dirtdlors or coun- 
 cil, or managers of their affairs, but by the univerfal confent of the whole 
 body of fubfcribers ;. fo neither could the conflitution of Scotland be altered 
 by the adt and, deed of the reprefentatlve, without the concurrence -and- affent 
 of the conftituents from whom .the reprefentativcs derived. But this feem- 
 ing parallel appeared to be imperfeft, and confequently to be no parallel at 
 all, fince the Company could at any time be legally diffolved, and their char- 
 ters,, privileges, and powers, be made to eeafe by the fame power that made 
 them, without alking the affent either of the diredtors or fubfcribers; that is, 
 without confulting the reprefentative or conftituent parts of that body, and 
 the power fo diffolving or taking away the fald Company, had no other obli- 
 gation upon them, tfcan in juftice to make good all damage or detriment to. 
 private perfons ; and this was effeftually done.. 
 
 The fate of the African Company- of Scotland being thus determined, the 
 farther application of the equivalent was the next work; and there feemed 
 only two things to call immediately for help.. 
 
 1. The coin, which of neceffity required a new regulation. 
 
 2. The public debts of the nation, which called loudly to be difchargedo. 
 The coin was agreed to be the firft confideration,. and as per the minute 
 
 appears, was unanlmoufly agreed to ; the ftate of which was in fhort thus: 
 
 By the lowaefs of the coin in Scotland, both as to quality and quantity,. 
 I mean the old money, Scotland came under this general difadvantage, viz. 
 that almofl every foreign coin paft current In Scotland to advantage : for 
 example ; the Englifh fhilling paft at thirteen pence ; the French crown, 
 which in London goes at four fliilllngs and fix pence, paft at five Ihillings; 
 the Dutch dollar at fifty-eight pence ; the bank dollar, and three other forts, , 
 commonly called the wild horfe, the wild man, and caftle, being generally 
 imperial or rex dollars, were by adt of council ralfcd to fixty pence. . 
 
 This indeed had been occafioned by the government in Scotland formerly 
 crying up their own money above the ufual rate, a thing always fatal to the 
 nations that have thought fit to venture upon it, and which precipice Eng- 
 land narrowly miffed fplitting upon in the late, reftoration of her coin ; at 
 
 which
 
 WITH OBSEE.VATIONS THEREON. 443 
 
 which time fome people puflied hard at raifing the value of tlie ftaodard, 
 not being aware of the national injury of raifing the value of foreign fpecic, 
 and fubjefting the general credit to a lofs on exchange with all nations of the 
 world. 
 
 By the Union the coin of Scotland was to be reduced, and brought to the 
 Englifh ftandard ; the confequence of this was of neceffity, that there would 
 be a lofs 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, becaufc the 
 Englifli money being the ftandard, was to be the only current money, and all 
 other money would, as in England, go by weight only ; to fink the difference 
 'iTi the hands of particular perfons, who had fuch money in poflTeffion, 
 would have been a great lofs upon the poor people, and what they could not 
 eafily bear. 
 
 The advance upon the Englifli money, which was one penny on every fliil- 
 ling of the filver, and two fliillings two pence upon every guinea, fell by 
 the courfe of things, that money being to go current at the rates as in Eng- 
 land; and this was no fmall lofs to the people that had Englifh money by 
 them; but the foreign and Scots money being no more to be current, it was 
 but reafonable that the public fliould defray the charge, and make good the 
 lofs; and therefore this was allotted out of the equivalent. 
 
 Nor was that all ; but as this was a cafe which admitted no delay, fo it ob- 
 tained the preference of every thing elfe; for till this was fettled, the circula- 
 tion of money would have been flopped, and a general llagnation 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 fet the 
 mint quickly to work, as will appear in its place. 
 
 The next thing to be paid out of the equivalent was the public debts ; 
 there were fome who ftruggled heartily to have the debts of the Government 
 come in before the affair of the African Company, but it could not be car- 
 ried ; thofe debts were not all afcertained, and the claims were to be remit- 
 ted to the dccifion of the law, at leaft many of them, and this would have 
 left the African affliir to a long uncertainty, which neither the nature of the 
 thing, nor the occafion that fubfcribers had for their money, could admit of: 
 for it is to be obferved by the claufe, that if the whole was not paid them 
 within twelve months, they had privilege to trade, or give licenfe to trade, 
 as if tliey were not to dilTolve at all. 
 
 Next after the African Company, therefore, the public debts came to be 
 confidered, and the equivalent was appropriated to the difcharge of the faid 
 debts ; and if the prefent fum fell fhort, it was to be made good out of the 
 
 3 L 2 growing
 
 444 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 growing cuftoms and revenue of Scotland, which for feven years was to be 
 appropriated to fuch ufes as will hereafter appear. 
 
 The next in order was to beftow this money for the encouragement of 
 trade, and firft the wool mailers, as they are called ; that is, the gentlemen 
 whofe eftates were in the fhecp countries, and whofe rents wxre generally 
 paid in wool ; thefe made loud complaints, that the Union bringing upon 
 them a prohibition or rcftraint of the exportation of wool, and there being 
 no confumption by manufacturing at home, and their wool too courfe for fale 
 in England, their eflates would be vifibly funk, and therefore that they ought 
 to have fome equivalent alfo. 
 
 To this it was alledged, that the exportation of wool, however, obtained 
 lately in Scotland, yet was grievous to the whole nation, and ought to be 
 reftrained by law, as it was injurious to trade, and that it uied in former 
 times to be reftrained; that therefore if this was a prefentlofs to them, it was 
 nothing but a reducing them to what they were before, and taking away the 
 advantages they had made for a few years out of the public loffes : but how- 
 ever, that all parties might, as far as poffible, be made fenfible of the equity 
 andjuftlce of the Union, a confideration of 2,000 1. fterling per annum was 
 allowed to encourage fetting up fuch manufactures in thefe places as might 
 employ the poor, and help forward the confumption of the wool in the coun- 
 tries where it is grown. How this 2,000 1. per annum was difpofed, and 
 what effedl it had on the v?ool, or on the trade, I may examine hereafter. 
 
 A remainder after this is allotted to the fifhing, &c. but the iffue of this alfo 
 being not come to knowledge at writing of this hiftory, I can give no farther 
 account of it. 
 
 As to the affair of the coin and of the African Company, the particulars 
 were referred to the Committee, and we fhall meet with them again in their 
 courfe, the report of the faid Committee being formed into an ad: of parlia- 
 ment, as will appear in its place. 
 
 MINUTE XLVin. 
 
 Tuefday, December 31, 1706, 
 
 Prayers faid. 
 Rolls called. 
 
 Saturday next appointed for private bufmefs. 
 
 Thereafter the fixteenih article of Union was read twice over, and the fol- 
 lowing words were added thereto, " And that the prefent officers of the 
 
 " Mint
 
 WITH OBSERVATIONS THEREON. 445 
 
 ** Mint be continued, fubjeft to fuch alterations," &c. And tiic article as 
 amended being again read over, after rcafoning thereon, a memorial was given 
 in, in relation to the lofTes by the coin, and remitted to the Committee, to whom 
 the fixth and eighth articles were remitted. 
 
 Then the vote was put, " Approve of the fixteenth article or not," and it car- 
 ried, " Approve." 
 
 Moved, That a proclamation be iflued forth " lowering the value of the cur- 
 *' rent coin of this kingdom to the true ftandard," and remitted to the above 
 Committee, to be proceeded on by them prior to all other bufinefs. 
 
 The feventeenth article of Union was then read, and after fome rcafoning 
 thereon, it was put to the vote, " Approve of the feventeenth article or not," 
 and it carried, " Approve." 
 
 Thereafter the eighteenth article of Union was read, and after rcafoning 
 thereon, an overture was given in for adding a claufe in thefe terms, " That all 
 *' Scotfmen be exeemed from the Englifh facramental Teft, not only in Scot- 
 " land, but in all places of the united kingdom and dominions thereunto be- 
 " longing, and that they be declared capable of offices throughout the whole,. 
 *' without being obliged to take the faid Teft." 
 
 And after debate, it being moved, That it was not now intire to add the faid 
 claufe in relation to the facramental Teft, in refpedt of the vote of Parliament 
 of the 1 2th of November laft, againft adding the like claufe. After fome far- 
 ther difcourfe thereon. 
 
 It was agreed, that the fame fhould be put to the vote, and that the members 
 votes be marked, and the lift of their names as they Ihall vote be printed and 
 recorded. 
 
 Then the vote was put, " Whether it was intire to add the faid claufe or 
 " not," and it carried " Not." 
 
 Thereafter the vote was put, " Approve the eighteenth article or not," and 
 it carried, " Approve." 
 
 Adtfor adjourning the feffion to the firft day of February next to come, given 
 in and read, and a firft reading ordered to be marked thereon. 
 
 Then the nineteenth article of Union was read, and delayed till next/edermt of 
 Parliament, and to be then taken under confideration. 
 
 The Committee appointed to meet to-morrow at nine o'clock- 
 Adjourned till Thurfday next at ten o'clock. 
 
 OBSER-
 
 446 MINUTES OF THE PARLIAMENT OF SCOTLAND^ 
 
 OBSERVATION XLVIII. 
 
 The matter committed to the Committee here was not whether the coin 
 ihould be reduced to the Englifh ftandard, and be alike all over the ifland, 
 for that every one feemed to agree, efpecially after it had been agreed be- 
 fore that the deficiency ihould be made good out of the equivalent ; but 
 how and in what manner the deficiency of the money Ihould be made good, 
 was the thing the Committee was to confider : and here, contrary almoft to 
 the hopes of the people, the Committee concluded, that the deficiency 
 even of the Englilh money, viz. ene penny in each fhilling, Ihould be made 
 good. 
 
 But here was a great difficulty, which was this; if it iliould be voted 
 that no confideration fhould be given for the Englilh money, the people 
 would be great lofers, and the article of making good the loffes of the coin 
 would not be made good to them. If the deficiency was voted, then the 
 Englifh would bring in vaft fums of money upon them to receive the defi- 
 ciency, and have it out in current money, and fo carry it home again, and 
 by this trick, as fome fuggefted, all the equivalent might be exhaufted. 
 
 But the Committee found a cure for both thefe evils together, i. They 
 refolved to make good the deficiency of the Englilh money, that is, the 
 Englifh filver money, not the guineas, and fo all the objedtions of that fort 
 fell to the ground ; and to prevent the poffibility of bringing in any quantity 
 of filver money from England, they appointed all the Englifh money in the 
 nation to be brought into certain places all in one day, where the fums being 
 told, fealed up, and laid by till no more was left to bring in, the money 
 was delivered back again the fame day, with a certification of the fame, 
 which entitled the proprietor to the deficiency to be paid out of the equiva- 
 lent. 
 
 Thus in one day all the Englifh money in the kingdom, (viz. all the filver 
 money) was reduced to the Englifh value, and went after that as in England, 
 and for no more; and as the rate of exchange always attends the intrinfic value 
 of the fpecie, fo the exchange, which before ran at eleven or twelve per cent. 
 to the difadvantagc of Scotland, immediately came to a par, and money ran 
 between London and Edinburgh at a half per cent, or at moft one per cent, 
 fometimes this way, fometimes that w.iy, as the demand of remitters and 
 drawers happened to alter the cafe. 
 
 However the proclamation mentioned in this vote was concealed tiil the 
 time that all things were ready for this calling in the money, that people 
 
 might
 
 WITH OBSERVATIONS THEREON. 447 
 
 might not have notice of the thing, and confequently have room to bring in 
 money from England : it was alledged nevcrthclefs, that fcvcral confiderable 
 fums were brought over the borders, but I never could underfland that it 
 was proved : for the particulars, the reader is referred to the proclamation 
 which contains the report of the Committee, and fhall come in its place. 
 
 The feventeenih article required no debate at all, being what every body 
 acknowledged to be needful. 
 
 The eighteenth article was fo well worded, and every thing that related to 
 Scotland fo well provided for, that there was very little room for objedlion 
 and what was offered merits not to be remembered : what was faid relating to 
 the laws being made alterable by the Parliament, amounted to nothing but 
 jufl what had been argued in London at the treaty; as for thofe that would 
 have it out of the power of fubfequent Parliaments to alter any of the laws, 
 when they came to confider that this was to bar Scotland, from, having the ad- 
 vantage of a legiflature, and from what is eflential to all. government, viz. 
 to have a power in being to make fuch laws as they ftiall want, they prefently 
 quitted a notion fo very wild, remembring that laws which are for the 
 public good in one age may be diretftly otherwife in another j and to leave 
 the Parliament no power to amend or alter the laws, would be to put Scot- 
 land in a worfe condition than any nation in the world, that when any part 
 of her law became grievous to her, it could not, though at her own requeft, 
 receive any amendment ; the reafonablenefs therefore of Its being always in 
 the power of fubfequent Parliaments to make or amend laws being granted, 
 the diftindtion of the article admitted the lefs debate,, all things being to be 
 done only to the evident utility of Scotland. 
 
 There was a fccond attempt made here with relation to exempting the 
 Scots from the flicramental Teft in England ; but as it was juft the fame thing 
 as is mentioned already in the obfervatlon of November 12, I need make no 
 farther remark upon it than this, that it was thrown by as a thing in itfelf 
 impracticable, unreafonable for the Scots Parliament to meddle with, and as 
 offered only to embarrafs the prefent great afTair upon the ftage. 
 
 The feffion or term for law proceedings was now farther to be adjourned, 
 and this was thought neceffary, not only becaufe of the prefent hurry the na- 
 tion was in, being univerfally taken up about the great affair of the Union ; 
 but it was thought fome advantages were defigned againfl: the treaty, from 
 the confluence of the people that from all parts of the kingdom generally 
 come together on this occafion; and the gentlemen who were for the Union 
 did not think it fafe to give fuch an opportunity or pretence for the country 
 to gather to Edinburgh, as that muft of neceflity offer to them. 
 
 MJ-NUTE.
 
 448 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE XLIX. 
 
 Prayers faid. 
 Rolls called. 
 
 A(ft adjourning the feffion to the firft day of February next to come, read a fe» 
 cond time ; and after reafoning, it was propofed, that the adjournment Ihould 
 be to the fourth of February ; and likeways propofed, that the adjournment 
 Ihould only be to the twenty-firft of January inftant ; and aft^r farther reafon- 
 ing, the vote was put, " Approve of the ad adjourning the feffion to the twen- 
 *' ty-firft of January, or fourth of February," and it carried, " Approve of the 
 " adt adjourning the feffion to the fourth of February next to come." 
 
 Thereafter the ad: was touched with the royal fcepter by Her Majefties High 
 Commiffioner in the ufual manner. 
 
 Then the nineteenth article of Union was again read, and after fome reafon- 
 ing on the firft claufe of the faid article, in relation to the court of feffion, or 
 college of juftice, a motion was made for adding a claufe in thefe terms : 
 *' And that hereafter none fliall be named by the Queen or her fucceffi^rs to be 
 *' ordinary Lords of feffion, but fuch who have ferved in the college of juftice 
 *' as advocats or principal clerks of feffion for the fpace of five years." 
 
 And after fome reafoning, it was alfo moved. That writers to the fignct 
 fliould be added to the advocats and clerks. ■ 
 
 And after farther reafoniug, the vote was ftated, " Approve of the firft claufe 
 " or paragraph of the nineteenth article with the above additional claufe, or with- 
 '' out it." 
 
 But before vothing, it was agreed, tliat in cafe the vote ihould carry approve 
 of the faid firft paragraph of the nineteenth article with the additional claufe, it 
 Ihall be intire to debate, whether writers to the fignet are to be added or not. 
 
 And thereupon the faid firft paragraph and additional claufe being read over, 
 the vote was put, " Approve of the faid firft paragraph with or without the ad- 
 ** dition," and it carried^ " With the addition." 
 
 And after debate, " Whether writers to the fignet ffiall be added or not," it 
 was put to the vote, " Add writers to the fignct or not," and it carried, " Add." 
 Whereupon it was moved, That fuch of the writers to the fignet as have 
 ferved fiv6 years in that ftation ffiall be undcrftood qualified as well as advocats 
 and clerks; and after debate thereon, it was moved, that the farther debate be 
 adjourned till the next federunt of Parliament; and alfo moved to proceed now 
 to the determination of the time for their qualification, 
 
 I And
 
 WITH OBSERVATIONS THEREON. ~ 449 
 
 And after rcafoning, the voce was pur, " rrocccd or delay," and it carried 
 " Delay." 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XLIX. 
 
 I have given the reafons for adjourning the feffion in the laft obfervation ; 
 the debates of this day were only upon the day to which it fliould be ad- 
 journed, which are not material, only to note, that the gentlemen againftthc 
 Union were always for the Ihortefl adjournment, which fome faid, was in 
 hopes to get the feffion to begin before the Parliament fliould eiid. 
 
 By the nineteenth article the Court of Scffion, or as it is called, the Col- 
 lege of Juftice, with the Court of Judiciary, are here effcclually cftablilhcd 
 and confirmed, their being and conftitution cannot be touched, no not by the 
 Parliament ; they are indeed to fubmit to regulations, and it cannot but be 
 reafonable it fliould be fo ; but none of thefe regulations can affed: them as a 
 Court. 
 
 It may not be unneceflary, for the fake of the Englifli reader, to explain 
 the terms in this article, and to dcfcribe the people mentioned here by the 
 like kind of offices known in England, and to note, 
 
 1. That the College of Juflice confifts of the Lords of Seffion, advocates, 
 and writers to the fignet. The Lords of the Seffion are a bench of Judges, 
 confifling of fifteen, of whom one is Lord Prefidcnt of the Seffion, now pof- 
 feffed by Sir Hugh Dalrymple, brother to the Earl of Stair. Thefe are 
 Judges of all caufes of private right, like as the Court of Queen's Bench and 
 Common Pleas, from whom appeals lay before the Parliament, called Peti- 
 tions for Remeid of Law. Their falary was two hundred pounds per an- 
 num, but is now fince the Union five hundred pounds. 
 
 2. The Court of Jufticiary is a criminal court, confifling of five Judges, 
 who are called the Lords of Jufticiary, of whom the Earl of Cromcrty is 
 Prefident or Chief, and is called Jullice General. 
 
 Advocates here are lawyers, fuch as the counfellors at law in England, who 
 plead before the Lords of the Seffion, (the Judges) and give advice, take 
 fees, Sec. as the counfellors of the inns of court in England. 
 
 Writers are fomething like attornies, who profecute law fuits, and prepare 
 things in due form for trials at the bar. 
 
 Writers to the fignet are a felcd: number of thofe by whom all proceffi;s 
 muft be figned before they can go in form. 
 
 3 M It
 
 450 MINUTES OF THE PARLIAMENT OF SCOTLA ND, 
 
 It was the fubjeft of no fmall debate here, whether any writer fliould be 
 capable of being lord of the feffion, or advocates or counfellors only ; it had 
 been alledged, that it was difhonourable to the bench of judges to raife any 
 of the writers, which are a lower rank, of praftitioners, to the dignity of a 
 lord of the feffion; that it was advancing them over the heads of the advo- 
 cates, that in England no man arrives to the dignity of a judge, till he is 
 firfl received within the bar; that is, made a ferjeant; and that till now wri- 
 ters were not admitted. 
 
 The firll motion was even againft advocates or clerks of the feffion too, 
 *' till they had ferved a certain number of years as advocates ;" but the wri- 
 ters finding themfelves excluded by that vote, got it added after a long de- 
 bate. 
 
 It remained then to determine what writers fliould be qualified, and which 
 excluded ; but as this debate feemed fomething of a furprize to the Parlia- 
 ment, and the whole faculty feemed concerned in it, it was put off to the 
 next day. The debate feemed of no great concern to the public, but as it 
 affefted private perfons, whofe intereft was at that time ftrong in the Parlia- 
 ment, it occafioned warm debates. 
 
 MINUTE L. 
 
 Friday, January Sj 1707. , 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the Parliament refumed the confideration of the debate anent the qua- 
 lification of writers to the fignet, before they can be named ordinary lords of 
 feffion ; and after fome farther debate, as to the time they are to ferve as writers, 
 before they can be capable to be named lords, there were two ftates of a vote 
 offered ; the firft in thefe terms, " Whether they fhall ferve twenty years, or 
 " none;" and the fecond in thefe terms, "Whether they are to ferve eight or 
 " ten years ;" and after fome reafoning, which of the two fhould be the ftate of 
 the vote, " Firft or fecond," 
 
 The Earl of Abercorn gave in a proteft againft the firft ftate of the vote in thefe 
 terms : " I proteft againft the ftating of the firft vote, becaufe, which way fo- 
 " ever it may be carried, it, in my humble opinion, elides one of the two votes 
 " paft yefterday, relating to the additional claufe; for if it ftiould be carried, 
 *' that a writer to the fignet may be admitted to be an ordinary lord of the {c{- 
 " fion, without limiting a reafonable time for qualifying himfclf by experience,. 
 '< as to the pradical part of the law, then that feems to be inconfiftent with the 
 
 VQte^
 
 WITH OBSERVATIONS THEREON. 451 
 
 <f vote, requiring advotcs undergoing a five-years probation at the bar : on the 
 " other hand, if the vote fhould be carried for a writer's being twenty years in 
 " that ftation, before being capable to be named by the Sovereign to be an or- 
 " dinary lord of the fefSon, that feems to be tantamount to an ablolutc cxclufion 
 " of writers from the faid office." And thereupon he took inftrumcnts. 
 
 Then the vote was put, " Firft or fecond," and it carried, " Second." There- 
 after the vote was put, " Eight or ten years," and it carried, " Ten years." 
 
 Then a motion was made for an additional claufe, in relation to the qualifica- 
 tion of writers, in thefe terms : " With this provifion, that no writer to the fignet 
 " be capable to be admitted a lord of the feffion, unlefs he undergo a private and 
 " publick tryal on the civil law before the faculty of advocates, and be found by 
 '' them qualified for the abovc-faid office two years before they ffiall be named 
 " to be a lord of the feffion; and after reafoning thereon, the voce was ftated, 
 *' Add the claufe or not." 
 
 But before voting, it was moved, *' That the qualifications made, or to be 
 *' made, for capacitating perfons to be named ordinary lords of feffion, fhall be 
 ** alterable by the Parliament of Great Britain ;" and after debate, it was put to 
 the vote, " Alterable or not," and it carried " Alterable." 
 
 Then the vote was put, " Add the claufe in relation to the qualification of 
 " writers, and it carried " Add." 
 
 Thereafter the fecond claufe of the nineteenth article of Union, in relation to 
 the Courts of Juftlciary, was read, and agreed to. 
 
 And the third claufe, in relation to the Admiralty, was alfo read, and agreed to. 
 Thereafter the other claufes of the faid nineteenth article, in relation to the 
 Court of Exchequer and other courts, and alfo the remainder of the article, was 
 read, and agreed to. 
 
 Then the vote was put, " Approve of the nineteenth article as amended, or 
 *' not," and it carried, " Approve." 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION L. 
 
 There needs little to be faid of this day's work, our lafl obfervation having 
 ftated the cafe, and the vote itfelf being more particular than ordinary in that 
 matter. 
 
 The writers to the fignet were admitted to be made ordinary lords of the 
 feffion, upon conditions and qualifications as by the minute, viz. ten j^ears con- 
 tinuance as writer, and two years afterward paffing a trial before the advocates. 
 
 But it may not be unneceffary to note, that all this debate had fome 
 ground for it that did not yet appear, and fome perfonal views were in it 
 on either hand : the latter it can be of no vife to meddle with here ; but 
 the reafons in general of this debate were, to foreclofe the admitting perfons 
 
 3 M 2 to
 
 451 MINUTES OF THL PARLIAMENT OF SCOTLAND, 
 
 to be judges, who had not been bred to the law, a thing really fignificant 
 in itfelf, and which fome alledgcd had been but too much pradifed in 
 Scotland, to the great prejudice of the College of Juftice in general, the in- 
 iury of the gentlemen who were bred up to the ftudy of, and had run through 
 long practice in the law, and not much to the reputation of the whole 
 SelTion in general. It was faid aUb, that there were views of this fort 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 fmall ftruggle in the 
 cafe of qualifications on both lides : the people generally feemed very well 
 pleafcd with the limitations, as what feemed very much to regard the repu- 
 tation of the law, and be fome fccurity for the time to come ; that fuch as 
 fliall be advanced to be judges of the law, fliall be chofen from among thofe 
 who beft underftand the law. At lail the debate feemed to meet with fome 
 interruption on account of fvibmitting thefe qualifications to the Parliament 
 of Great Britain. This was oppofed by feveral forts of people ; and it may 
 be noted, fome were for fubmitting this to fuch alteration, who were very 
 warm againft fubmitting other things. Their reafons were plain to the per- 
 fons concerned ; but being of no public confequence to record thofe things, 
 I leave them to the obfervation of the refpcftive parties. 
 
 It was at laft fettled, as per the vote, " Alterable by the Britifh Parlia- 
 "■ ment." And I cannot but note, that thofe gentlemen, who expedt the 
 limitations Ihall be enlarged by a Britifh Parliament, and were, on that ac- 
 count, forward to fubjedt it to fuch alteration, may very probably be dif- 
 appointed ; Parliaments in England having, on all occafions, ihewn them- 
 fclves forward to fecure a fucceffion of able and well-qualified perfons to be 
 iudgcs in England, and will no doubt be careful of the fame in Scotland, 
 whenever that cafe fliall come before them. 
 
 MINUTE LI. 
 
 Saturday, January 4, 1707. 
 
 Prayers faid. 
 
 Kolls called. 
 
 A&. in favours of the burgh of Dundee, for an impofition of two pennies upon 
 the pint of ale and beer, to be browen and vended within the bounds, and for the 
 ufcs therein mentioned, read a fecond time; and after rcafoning thereon, a claufe 
 was offered to be added thereto, impowering overfeers and managers of the faid 
 impofition, and with power to determine how it Ihould be uplifted, whether out 
 of the malt or out of the liquor ; and a petition given in for the brewers of 
 Dundee againft the faid aft was read ; and another claufe was offered to be 
 added to the faid aft in favours of Mr. James Andcrfon, in thefe terms, " VViih 
 
 " this
 
 WITH OBSERVATIONS THF.RF.ON. 453 
 
 " this provifion, as it is licrehy cxpreffly provided and declared, that the fi\id 
 " inipofition is, and fliall be burdened with the ftim of twelve hundred pounds 
 
 yearly, for the fpacc of fix years, to be payed to Mr. James Anderfon, 
 
 writer to the fignet, or his affigneys, as a part of the cxpenfes of the work 
 
 recommended to him by the Parliament, and that at two terms in the year, 
 " Martinmas and Whitfunday, beginning the firft terms payment at Martin- 
 '* mafs, 1707 years; and ordains the magiftrates of the faid burgh ro make 
 *' payment of the fame accordingly." Which being read, it was agreed to 
 add the faid claufe ; and after farther reafoning on the faid adr, feveral other 
 amendments were made thereupon, and after debate on the above petition for 
 the brewers, and claufe in relation to the management, it v/as put to the vote, 
 " Approve of the a£l as amended^ or add the claufe," and it carried, " Ap- 
 " prove." 
 
 Then the Lord Chancellor, by order of Her Majefties High Commiffioner, 
 acquainted the Parliament, that in this fcffion of Parliament, other two days 
 Ihall be appointed for private bufinefs. 
 
 Draught of an adl for difTolution of the lands of Orkney and Zetland from 
 the Crown, in favours of the Earl of Mortoun, read and agreed ; that the 
 feu-duty payable therefore, fliall be fix thoufand pounds, and that the Qiieen's 
 haulks be referved, and a firft reading ordered to be marked thereon ; and 
 agreed that the faid acfl Ihall be firft proceeded upon the firft federunt for pri- 
 vate bufinefs preferable to all others. 
 
 Petition, John Henry Huguctan, craving to be naturalized, and alfo craving 
 a proteftion, again read, and thereafter an adt for his naturalization was alfo 
 read ; and ficklike, an adt for the naturalization of Colonel Scipio Hill ; Lieu- 
 tenant-colonel Henry Verricre of Her Majefties regiment of foot-guards; 
 Lieutenant-colonel John Cadour, Captain in Major-general Maitland's- regi- 
 ment ; Captain Theadore Dury, Her Majefties chief engineer ; Captain Da- 
 niel Chariot, Brigadier in Her Majefties troop of guards ; Captain John 
 Burjond, in Colonel Grant's regiment ; Captain James Cavalier, Lieutenant 
 in Her Majefties troop of horfe granadeers ; Enfign Peter Charantoun, in the 
 Lord Strathnaver's regiment ; Peter Cregut, formerly Lieutenant in Sir Wil- 
 liam Douglafs's regiment, Jeremiah Bofugne, Adjutant to Major-general Mait- 
 land's Regiment; Mr. James Leblanc, and Daniel Lafagette, merchants; Jofhua 
 Legoux, fervitor to the Earl of Roxburgh ; Francis Gobron, late fervitor to the 
 Earl of Crawfurd j Peter Bifhop, alias Lamar, fervitor to the Earl of Strathmore ; 
 Mr. John Godfrey, preacher of the gofpel; and Major Belfhazer Guydet, Cap- 
 tain of dragoons in the Marquifs of Lothian's regiment, was read ; and a firft 
 reading ordered to be marked upon the faid adts. 
 
 And after debate upon the above petition as to the protedion, it was moved, 
 that a deliverance be granted thereon, in the following terms, viz. " That 
 
 for
 
 454 MINUTES OF THE PARLIAMExNT OF SCOTLAND, 
 
 *' for the better enabling the petitioner to re-eflablifh his affairs and fatisfie 
 *' his juft debts, proteftion be granted for the fpace of feven years to the pc- 
 *' titioner's perfon ; and alfo, that protedtion for the fpace forefaid be granted 
 " to the petitioner's goods and eftate, heretable and moveable, againft dili- 
 *' gence at the inflance of creditors, for fuch debts as have been contradted 
 " before April 1705 years; excepting fuch debts as have been contraded to 
 " any of the fubjedts of Her Majcflics dominions, or fuch debts as have been 
 " originally contradted to the fubjedts of her Majefties allies, or which fhall 
 *' be made appear by the creditors before the Judge Ordinary, to have been 
 *' transferred to them bona fide, and for adequate onerous caufes, before the 
 " twelfth of December laft; providing always the petitioner refide within 
 •* this kingdom during the time of the faid protedtion." 
 
 And after farther debate, it was put to the vote, " Grant protedtion to the 
 " petitioner In the above terms or delay till the adt for his naturalization get a 
 *' fecond reading," and it carried, " Grant protedtion in the above terms." 
 
 Agreed, that the adt in favours of the burgh of Aberdeen, for an Impofi- 
 tion in the terms therein mentioned, be under confideration the firft Jederunt 
 for private bufinefs, next to the adt in favours of the Earl of Mortoun. 
 
 Then it was Intimate, that there being an adtlon upon the protcft for remeld 
 of law. Sir Thomas Dalziel, of Binns, againft the Lady Caldwell and her huf- 
 band, the procurators for the Lady Caldwell and her hufband be ready to 
 anfwei againft the next federunt for private bufmefs, and Sir David Dalrymple, 
 authorized to plead for the purfuer. 
 
 Petition for the heretors and tradefmen of the Cannongate, for a remit to 
 the Commlflloners of Supply of the fhire, to value their tenements and yards, 
 and to eftablifh a fettled valuation thereof, that conform to the valuation, they 
 may pay their proportion of cefs to the Good-town, for their relief thereof, 
 read, and appointed to be feen and anfwered againft the next federunt of Par- 
 liament for private bufinefs. 
 
 Agreed that my Lord Chancellor rank and bring in private bufinefs to the 
 Parliament the following days for private bufinefs as he finds jult. 
 
 Adjourned till Monday next at ten o'clock. 
 
 OBSERVATION LI. 
 
 This was a day for private bufinefs, and I fhould have wholly omitted 
 the minute of it, but on the following occafion. 
 
 Firit, To note how the Parliament of Scotland, on all occafions, encou- 
 raged learning and induftry, and particularly the labours and lludy of Mr. 
 
 I James
 
 WITH OBSERVATIONS THEREON. 455 
 
 James Anderfon, a gentlemen bred to the ftudy of the laws of Scotland, 
 but by his own inclination, led into that painful, but moil excellent and uk - 
 ful ftudy of Antiquity : in the profecution of which, he had begun a moft 
 tedious and chargeable work in fearch after the antiquities of Scotland ; and 
 had formerly laid before them the fpccimens he had made of that work 
 which met with a general approbation, and the reward allotted him for ir, 
 iliews the fenfe the Houfe had of the greatnefs of the undertaking; which 
 if that gentleman live to finifli, it may let the world know, their money was 
 not ill beftowed. 
 
 The naturalizing Monficur Huguetan, was a thing lay open to fome re- 
 fledions, and at firft looked meanly enough. The man was fled from France, 
 and as was faid, had defrauded the King of France and private perfons alfo 
 of great fums of money ; and finding himfelf unfafe in England, where a 
 commiffion of bankrupt had been attempted to be fued out, he fought protec- 
 tion here. 
 
 However, the Parliament confented to the naturalization, but limited 
 and reftrifted the protedtion he fought, with fuch juft and reafonable claufes, 
 as that Monfieur Huguetan never thaught fit to take the benefit of it, but 
 went away to Holland, where, what became of him, how he was near be- 
 ing trepanned away into France, where his fate had been moft certain ; how 
 the States General refented the attempt, and punifhed the perfons, though 
 at the fame time they did it in refpedl to their own jurifdidlions and con- 
 ftitution, rather than in refpedt to the perfon. How, afterward, he was mar- 
 ried to Madamoifelle D'Odyke, in fpite of all the oppofition made by Mon- 
 fieur D'Auverkirke, her near relation, and Velt Marfhal of the forces of the 
 States. Thefe things, as not material to this hiftory, I fliall take no notice 
 of, and only mention the other, to let the world fee, that, though the 
 enemies of Scotland loudly clamoured, that for the fake of bringing money 
 thither, they would make themfelves the fan<ftuary of the moft infamous 
 perfons ; yet, that upon the application of this man, they clogged the fa- 
 vour they beftowed with fuch juft claufes in relief of the claims of private 
 perfons, that, if the perfon fought any faniftuary againft his juft debts, he 
 found it was not to be obtained in Scotland, and therefore he was fo far difap- 
 pointed. As to his public affair with the government in France, it did not 
 appear other than by report ; and no public body could be obliged to pro- 
 vide againft any thing that they had no documents to prove, and which 
 nobody appeared to accufe hixn of. 
 
 M I N U T E
 
 436 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE LII. 
 
 Monday, January 6, 1707. 
 Prayers faid. 
 Rolls called. 
 
 Then the followhig addrefles were given in and read ,viz. Addrefs of barons, 
 freeholders, heretors, gentlemen, and others in the fliire of Aberdeen, fub- 
 fcribers of the fame ; addrefs of barons, freeholders, heretors, gentlemen, and 
 others in the fhire of Kincardine and town of Stonehaven, fubfcribing the fame ; 
 an addrefs of inhabitants of the town of Peterhead, fubfcribers of the ialne ; 
 all againft an Union with England in the terms of the articles. 
 
 Overture for an a(ft anent the Admiral Court, read, and ordered to be 
 printed. 
 
 A report brought in from the Committee to whom the confideration of the 
 coyn was remitted, was read, as alfo a proclamation in relation thereto ; and 
 after reafoning thereon, both were remitted back to the faid Committee to be 
 farther confidered. 
 
 Then the twentieth article of Union was read ; and it was moved, " That 
 *' a claufe fhould be added thereto for preferving the whole records and re- 
 " giflers, both general and particular, and warrants thereof, and for detaining 
 " and keeping them within this kingdom in all time coming :" and after rea- 
 foning thereon it was agreed, " That, when the twenty-fourth article falls 
 " under confideration, a claufe to that effedl fhall be brought in to be added 
 " thereto." 
 
 Agreed, that after the words, " heretabic offices," and " heretable jucif- 
 " dictions," the woid " fuperiorities" be added to the faid article: and the 
 article being read over with the faid addition, the vote was put, " Approve 
 " the twentieth article of Union or not;" and it carried, "Approve." 
 
 Then the twentieth firlT: article of Union was read ; and after reafoning, it 
 xvas moved, to add a claufe thereto in thcfe terms, " fubjedl ncvcrthelefs to 
 " fuch alterations as the Parliament of Great Britain fhall think fit." And 
 after farther reafoning thereon, two Hates of a vote were offered; the firft in 
 th'efe terms, " Approve the article or nor." The fccond in thefe terms, "Add 
 *' the claufe or not :" and after fome reafoning v,hich ihould be the Ilate of 
 the vote, " Firfl or fecond," 
 
 It was agreed, that the members votes fliall be marked, and that tlic lift of 
 their names, as they vote, fhall be printed and rcc(«-ded. 
 
 Then the vote was pur, " Which Ihall be the i>atc of the vote, ilrll or fe- 
 
 " cond;" and it carried, " Firlt." 
 
 3 There-
 
 WITH OBSERVATIONS THEREON. 457' 
 
 Thereafter, the vote was put, " Approve the twcnty-firft article of Union, 
 *' or not;" and it carried, " Approve." 
 
 Then the twenty-fecond article of Union was read ; and the confidcration 
 thereof delayed till next Jederunt of Parliament, to be then proceeded upon 
 previous to all other bufinefs. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION LII. 
 
 The affair of the Courts of Admiralty and Exchequer need very little 
 remark; they were by the nineteenth article referved, and their diflincft 
 powers are very expreffly ftated In the article itfelf ; nor did it occafion any 
 great debate in Parliament ; for thofe debates which were raifed upon a fup- 
 pofition of the Union taking place, it was obferved, gave the Houfe the leafl 
 trouble ; which I take to be a farther proof, that the main defign in oppofing 
 and debating the particulars was, as they pointed at the general ; and it was 
 therefore a juft obfervation, that any head of argument became more or 
 lefs vigoroully oppofed, as it more or lefs pulhed at the Union in ge- 
 neral. 
 
 The office of the Lord High Admiral for all Britain, it was abfolutely 
 neceffary to reduce to one. But the Courts of Admiralty having their 
 feveral jurifdidtions and authorities were as neceffary as feveral private 
 rights, which by the next article were to be referved, depending entirely 
 upon it. 
 
 The heretable rights of Admiralty, and the Vice Admiralties, were alfo 
 necefliiry to be fupportcd ; and all thefe things made it abfolutely neceffary 
 to preferve a Court of Admiralty, the trials being to be had in Scotland, and 
 which by the conftitution and laws of Scotland, referved 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 feizures of the 
 cuftoms, if private rights and debates between the Queen and fubjedt, 
 could not have been tried in Scotland, the general referve of the laws to 
 Scotland could not have been maintained, and the fubjed: would have been 
 put to intolerable inconveniences and expences in purfuing and defending in 
 all pleas of the Crown, or cafes between the Queen and her fubjedts, 
 
 Thefe things, therefore admitted of very little debate, but were regu- 
 lated by the methods required by the cultoms and forms of laws, and then 
 paft, as It were, in courfe. 
 
 The affair of the Privy Council was alfo left to its own fate, the ftory of 
 which I omit here, becaufe it will come neceffarlly to be fpoken of In the 
 
 3 N fub-
 
 458 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 fubfcquent part; of this Hiftor)', when It was depofed with fome flniggle, 
 snd, as fome thought, a little fooner than was needful. 
 
 The prefent article, which I t^ke to be a very extenfive one, had paflcd, 
 and been in all its parts unexceptionable, had not one unhappy word been 
 brought in, and this was, the word " fuperiorities ;" but this being added, 
 without any condition or power lefl; in Pdrliame.nt to diflblve thofe fuperiori- 
 ties, upon an equivalent to the owners, whenever the united Parliament 
 fliould find occafion for the public good to do fo, has bound down Scotland 
 to the private tyranny and oppreffion of the heretors and lairds, which .it is 
 eafy to make appear, is at t;his time one of the greateft objedions-.to her 
 peape and profperity. , 
 
 The fuperiorities meant here are the rights of vaflalage which the genti;/ 
 of Scotland have over the people; which, as it is extended, gives the chiefs 
 and heads of clans, lairds, and heretors, fuch an abfolute dominion over 
 both the pejfous and goods Qf the poor fubjedted people, as feems pei:feftly 
 ipconfiilent both with the peace and improvement of Scotland,- in paxticular, 
 <?r of ap.y free nation in general ; and this two ways. \iino''o-^. I 
 
 1. As it gives too great a power to particular perfons, who are thereby 
 ifendcred Independent of the law, and put in too eafy a condition to infult the 
 government, and break the public peace ; inftances of which have been given 
 fince the Union, as fhall pai-ticularly appear in the progefs of this hillory, 
 where perfons by the afEftance of their tenantry, and the dominion of their 
 own fuperiorities, protefted themfelves from the public juftice, and bid de- 
 fiance to the- jult refcntments and fufpicions of the government, even in a 
 time of French invafion. That a power to put any one in fuch a pofture, 
 is inconfiftent with the public peace, I need not fpend time hL re to dif- 
 pute, and Scotland may have, and I doubt not will h^ve occafion to ac- 
 knowledge. 
 
 2. As it keeps the common people and tenantry of Scotland in a condi- 
 tion inconfiftent with the liberty of a free nation, and under an intolerable 
 flavery to their landlords, by which, they are efFed-Tjally prevented either 
 improving their flocks for themfelves, or their lands for their landlords, 
 which the landlord himfclf effedually prevents, by his abfolutely ruining 
 and devouring their induftry at his own will. 
 
 This fubjeft is too long for the extent of a fingle obfervation, and will be 
 more particularly fpokcn to in its place : but I note it here as the proper fub- 
 jedt of the place, this being the day when it was introduced into the treaty,, 
 and had only this unhappinefs, that it came in, as it were, by head and 
 Ihoulders, without any previous conditionary claufc, I do not alledge, that 
 
 the
 
 WITH OBSERVATIONS THEREON. 459 
 
 the fuperiorkies of the gentry fhould have been taken away by law, without 
 fatisfattion made to the private eilates of thofe from whom they fhould have 
 been taken ; farther is it yet from me to fiiy or think they Ihould be furren- 
 dered to the Crown. But certainly had it been left to a Parliament of 
 Great Britain, to have diflblved them upon any juft occafion, and, by land 
 or money, have made a full recompence to the proprietors, and fo have 
 broken that bond of flavery by which Scotland has been (0 long deprefled, 
 and the poor kept poor, their induftry difcouraged, and their labour de- 
 voured, from that day the nation had dated its liberty and profperity; 
 plenty, and encouragement to trade and manufadtures muft have followed ; 
 fince no people can be fuppofed to work cheerfully, when they cannot ea- 
 ioy 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 fo near in view as to 
 move that concern in men's minds, which, perhaps were it now to be done, 
 might be otherwife : whether this or the fate of Scotland, I fhall not deter- 
 
 o 
 
 mine, as the caufe of the omiffion : but it is evident the thing is, unhappily 
 for Scotland, omitted, and that great opportunity of extending the love 
 of liberty, as well as the tafte of it to all the people, irrecoverably 
 loft. 
 
 The rights of the burghs came next to be debated ; the whole rights of 
 the boroughs were referved to them by the Union j nor was any thing of- 
 fered now to abridge thole rights ; yet it was thought, it both might be 
 the advantage of the boroughs, and of the nation In general, to have thofe 
 rights fubjefted to parliamentary regulations : but fome people took an alarm- 
 at this, as if the Parliament in time coming would take away the privileges 
 of the royal boroughs : and thus, in this particular time of jealoufy, the 
 great advantages which both the burghs of Scotland in particular, and the 
 people of Scotland in general, might have had from parliamentary regula- 
 tions, were loft and foreclofed,-and the door barred againft any future alte- 
 rations to be made by Parliament, were they never fo much to the advan- 
 tage and benefit of the refpe<ftive parts. 
 
 The next thing brought upon the ftage was the number and manner of 
 eledting the reprefentative; it had been moved in the debates of the third 
 article, but was purpofely adjourned to this, as the proper time of entering 
 upon it. It was too long an affair to begin at the end of the day, fo it was 
 adjourned to the next federunt, when it took up time enough. 
 
 3 N % MINUTE
 
 460 MINUTES OF THE PARLIAMENT' OF SCOTLAND, 
 
 MINUTE LIII. 
 
 Tuefday^ January 'j, 1707. 
 Prayers faid. 
 
 Rolls called. 
 
 The twenty-fecond article of Union again read, and thereafter the firft pa- 
 ragraph thereof, in relation to the number of rcprefcntatives for Scotland in the 
 Parliament of Great Britain, was read over again ; and after long debate, a vote 
 was ftated, " Approve of the firft paragraph of the twenty-fecond article or 
 " not." 
 
 But before voting, there were four feveral protefts given in, viz. one by the- 
 Duke of Athole, a fecond by the Earl of Buchan ; a third by George Lockhart, 
 bf Carnwath ; and a fourth by Walter Stuart, Commiflioner for the burgh of 
 Linlithgow, all againft the faid vote, and the feveral protefters took inftruments 
 thereupon. 
 
 Likeas, a fifth proteft was given in by the Earl of Errol, in thefe terms : 
 ** I Charles, Earl of Errol, Lord High Conftable of Scotland, do hereby 
 ** proteft. That the office of High Conftable of Scotland, with all the rights 
 ** and privileges of the fame, belonging to me heretably, anddepending upon 
 " the monarchy, fovereignty, and antient conftitution of this kingdom, may 
 " not be weakened nor prejudged by the conclufion of the treaty of Union be- 
 " twixt Scotland and England, nor any article, claufe, or condition thereof^ 
 •* but that the faid heretable office, with all the rights and privileges thereof, 
 *• may continue and remain to me, and my fucceflbrs, intire and unhurt by 
 " any votes or adts of Parliament, or other proceedings whatfocver relative to 
 " the faid Union : and I crave this my proteftation may be admitted and re- 
 *•' corded in the regifters and rolls of Parliament." 
 
 And a fixth proteft was given in by the Earl Marifchal in thefe terms : " I 
 
 •" William Earl Marifchal, do hereby proteft, that whatever is contained in 
 
 " any article of the treaty of Union betwixt Scotland and England, fhall no; 
 
 " manner of way derogate from, or be prejudicial to me, or my fucceflTors, in 
 
 " our heretable office of Great Marifchal of Scotland In all time coming, or 
 
 " in the full and free enjoyment and exercife of the haill rights, dig- 
 
 " nities, titles, honaurs, powers and privileges thereto belonging, which 
 
 ** my anccftors and I have pofleffcd and exercifed as rights of property thefe 
 
 " feven hundred years. And I do further proteft, that the Parliament of 
 
 " Scotland, and conftitution thereof, may remain and continue as formerly : 
 
 " and I defire this my proteftation to be infert in the minutes, and recorded 
 
 " in the books of Parliament, and thereupon takes inftruments." 
 
 Which proteftations being read, the feveral protefters took inftruments upon 
 
 their refpcdtiveprotefts. 
 
 I And
 
 WITH OBSERVATIONS THEREON. 461 
 
 And it was agreed, that the members votes be marked, and that a lift of their 
 names, as they ihall vote, be printed and recorded, and that, at calling the rolls, 
 the adherers to the above refpcdlive protefts be marked ; as alfo, the Lord 
 Chancellor was allowed to have his name marked, printed, and recorded as an 
 approver. 
 
 Then the vote was put, " Approve the firfl paragraph of the twenty-fecond 
 " article of Union or not ;" and it carried, " Approve." And the Earl of 
 Caithnefs, the Vifcount of Stormount, the Lords Oliphant, Balmerino,. Bar- 
 gany, and Kinnaird ; John Brifbane, younger, of Bifhoptoun ; Sir Humphrey 
 Colquhoun, of Lufs ; Sir Patrick Murray, of Auchterr)'re; John Murray, of 
 Strowan ; James Ogilvie, younger, of Boyne; Alexander Macky, of Palo-own ; 
 James Sinclair, of Stempfter; Alexander Robertfon, Alexander Duff, Francis 
 Molifon, Robert Scot, Archibald Shiels, Mr. John Lyon, Mr. John Carruthers, 
 George Home, John Bayne, and Mr. Robert Frazer, adhered to the Duke of 
 Athole's protefl ; and Andrew Fletcher, of Saltoun ; Sir Robert Sinclair, of 
 Longformacus ; Sir HughCathcart, of Carletoun : the faid John Brifbane, youn- 
 ger, of Bifhoptoun ; Mr. William Cochran, of Kilmaronock; Sir Humphry 
 Colquhoun, of Lufs ; Robert Rollo, of Powhoufe ; Mr. James Carnagie, of Phin- 
 haven ; David Graham, of Fintrie ; and the faid James Sinclair, of Stempfter, 
 adhered to George Lockhart of Carnwath's protefl: ; and the Earls of Crawfurd 
 and Galloway adhered to the Earl of B'uchan's protefl:. 
 
 Then the fecond paragraph of the faid twenty-fecond article, anent the call- 
 ing of the reprefentatives from Scotland to the Parliament of Great Britain, 
 beginning thus, " And that when Her Majefl:y," &c. and ending, " That the 
 " names of the perfons fo fummoned and eledted fhall be returned by the 
 " Privy Council of Scotland, into the Court from whence the faid writ did 
 " ifTue," was again read ; and after fome reafoning, an explanation was offered 
 to be added after thefe words, " According to the agreement in this treaty, 
 " viz. In fuch manner as by a fubfequent ad: of this prefent feffion of the 
 " Parliament of Scotland fhall be fettled ; which ad: is hereby declared 
 " to be as valid, as if it were a part of, and ingrofl!cd in, this treaty." 
 And after farther reafoning, it was moved, " That the way and manner 
 " of choofing the reprefentatives for Scotland to the Parliament of Great 
 " Britain, be determined, and that a claufe to that purpofe be ingroffed in 
 " this article." And after debate, the vote was fl:ated, " Approve of the 
 " fecond paragraph of the faid twenty-fecond article, as above explained, 
 " yea or not." 
 
 Whereupon it being moved to delay the faid vote t'lW next fedcrunt of Parlia- 
 ment, a previous vote was ftated, " Proceed or delay ;" and it carried, " Proceed." 
 Then it vvas put to the voce, " Approve of the fecond paragraph of the 
 " twenty-fecond article of Union with the explanation above infert, or not:" 
 
 And*
 
 462 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 And the claiife with the explanation being thereupon again read, before voting 
 the Earl of Abercorn gave in the following proteft, viz. " I proteft againfl the 
 " fettling the reprefentatlves of Scotland for the Parliament of Great Britain 
 " after a diftindt manner, from what might be appointed by the vote approving 
 " of the two and twentieth article ; becaufe I do not fee clear into what may be 
 " the confequence thereof." And thereupon he took inftruments. 
 
 Then the vote was put, " Approve or not •" and it carried, " Approve." 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION XLIII. 
 
 The affair of the number of the reprefentatlve, whether of the nobility 
 or commons, was the contents of the firft paragraph now debated ; how, and 
 with what difficulty, this part of the equality was fettled in England, has 
 been noted already, and the reafonablenefs of the proportion duly ftated there. 
 
 It was indeed urged again here, and feveral ways difputed, but the difputes 
 here feemed to look another way ; and firll: it was vigoroufly oppofed, that 
 Scotland fhould come to any reprefentatlve at all ; that her whole Parliament 
 fhould fit in conjundtion with the Engliili Parliament, and long fpeeches were 
 made on that head ; fome alledging, that it was difhonourable to Scotland to 
 lelTcn the number of her reprefentatlve, while England retained her entire 
 Parliament ; others again attempted to argue againft the very uniting of the 
 Parliament at all, though that was foreclofed by the firfl vote paflcd on the 
 third article. Others yet went into the merit of the caufe, and to ex- 
 amine the juft proportion of the reprefentatlve, and thefe objedled very 
 vigoroufly, that the numbers were not equal ; the opinions were varioufly 
 divided, as to the foundation of a true equality, upon what principle an 
 equality of proportions could be raifed ; fome flating the numbers of people 
 to be the teft of the reprefentatlve ; others the proportion of taxes ; fome an 
 eflimate from both ; others alledged, there could be no juft rule laid down, 
 how an equal proportion of reprefentativcs could be made, to balance a king- 
 dom that is not itfclf equally reprefented, and that before England had re- 
 quired Scotland to reduce their reprefentatlve to a juft proportion to her, 
 fhc ought to have reduced her own reprefentative to a juft proportion to 
 hcrfelf, cither in number of people, or payment of taxes, neither of which, 
 as they alledged, were at all regarded in the Englifh reprefentative ; that it 
 was the complaint in England., and feveral had wrote very warmly upon that 
 fubjedt, that their taxes were not equally levied, or their people equally re- 
 prefented ; and it was unrcafonablc to talk of proportioning Scotland to a 
 country, whofe reprefentative was not in itfclf equal. 
 
 There were feveral anfwcrs given to this ; the prefent circumftanccs of both 
 nations in general feemed to be the trucft foundation of a proportion, wherein, 
 
 though
 
 WITH OBSERVATIONS THEREON. 463 
 
 though the particular towns in England might not be juftly proportioned, 
 3'et the general might be equal, and thus, without inquiring whether the 
 parts of the reprefentative were equally chofcn in England, it might be a 
 jufl: proportion, in having the whole brought to a ftate ; and if the number 
 for Scotland bore the fame proportion to the number for England, as the 
 numbers of people, and wealth or payment of taxes, jointly confidcred, of 
 the one part bore to the fame articles in the other, the equality was then 
 prefcrved. 
 
 It was remembered, that this had been fully debated in England, and 
 that the number was brought up to the higheft proportion that England 
 could poffibly grant; Mr. Seton, in his fpeech, printed in the Minutes here- 
 with, folio 360, declared, it was above what Scotland ought to expeft, and 
 that it was a full proportion. Upon the whole, this firil: claufe was put to 
 the vote, and paiTed by itfelf. 
 
 The fcruples on the fecond paragraph, as principally relating to the man- 
 ner of ifluing out the writs for electing the members, when they fliould be 
 chofen for the Parliament of Britain, I take no notice of here, referring that 
 to the time when a feparate adt came to be debated in the Houfe for the faid 
 election. Of which in its place. 
 
 MINUTE LIV. 
 
 IVednefday, January 8, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Whereupon it being moved, " That the four protefts given in the former 
 ^^ Jederunthy the Duke of Athole, the Earl of Buchan, George Lockhart of Carn- 
 *' wath, and Walter Stuart, ought not to be infert in the minutes, nor. to be 
 " printed :" after fome reafoning thereon, the Earl of Marchmont gave in a 
 proteftation againft the faid four protefts, and took inftruments thereupon. And 
 the Lord Chancellor, the Marquefs of Montrofe, Prefident of the Privy Coun- 
 cil ; the Duke of Argyll ; the Marquefs of Tweeddale, the Marquefs of Lo- 
 thian ; the Earl of Mar, Lord Secretary ; the Earl of Loudoun, Lord Secre- 
 tary ; the Earls of Sutherland, Rothes, Mortoun, Roxburgh, Dalhouffie, 
 Findlater, Lcven, Balcarras, Forfar, Kintore, Hyndford, Glafgow, Treafurer 
 Deput, Delorain, and Hay ; the Lords Forbes, Elphingftoun, Rofs, Torphi- 
 chen, Frafer, Banff, RoUo, the Lord Regifter, the Lord Juftice Clerk ; Sir 
 John Swinton, of that ilk ; Sir Alexander Campbell, ofCefnock; Sir William 
 Ker, of Greenhead ; Archibald Douglafs, of Cavers ; Mr. John Murray, of 
 Bowhill ; Mr. John Pringle, of Haining ; William Morifon, of Preftoungrange ; 
 George Baillie, cf Jervifwood ; William Douglafs, of Dornock ; Mr. Francis 
 Montgomery, of Gjffcn ; Mungo Grahame, of Gorthie ; William Seton, 
 
 2.. younger^
 
 464 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 younger, of Pitmedden ; Alexander Grant, younger, of that ilk ; Mr, John 
 Campbell, of Mammore ; Sir James Campbell, of Auchinbreck ; James 
 Campbell, younger, of Ardkinglafs ; James Halyburton, of Pitcur ; Alexander 
 Abercrombic, of Glaflbch ; Alexander Douglafs, of Eaglifhaw ; Sir Patrick 
 Johnfloun ; Lieutenant-colonel John Arefkine ; John Mure, James Spitle, Sir 
 Andrew Home, Mr. William Carmichael, Sir Alexander Ogilvie, Mr. John 
 Clark, Mr. Patrick Ogilvie, George AUardyce, Mr. James Bethun, Daniel 
 Campbell, Mr. Robert Douglafs, Mr. Alexander Maitland, and Mr. Charles 
 Campbell, adhered thereto. And after long reafoning thereupon, the farther 
 debate was adjourned till next Jederunt of Parliament. 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION LIV. 
 
 This affair of the four protefts being renewed the next /ederuni , I need 
 make no obfervations upon them ; the Earl of Marchmont made a counter 
 protell, as per the minute ; but all this did not obftrudl the paffing the article, 
 nor any other of the proceedings. As to the fubjedl of the four proteils, 
 they Ihall come in in their courfe. 
 
 Prayers faid. 
 Rolls called. 
 
 MINUTE LV. 
 
 ^hurfday, January 9, 1707. 
 
 Then the debate mentioned in the minutes of the faid la^Jedermt was refumed, 
 
 in relation to the four proteflations given in the feventh inftant by the Duke of 
 
 Athole, the Earl of Buchan ; George Lockharr, of Carnwath ; and Walter 
 
 Stuart J and in relation to another proteftation againfl: the fame, given in the laft 
 
 Jederunt by the Earl of Marchmount. 
 
 And after reafoning, the Lord Balmerino gave in a proteft againft that given 
 in the iormcr federun thy the Earl of Marchmount, and took inftruments there- 
 upon ; and the Duke of Hamilton, the Duke of Athole ; the Earls of Errol, 
 Marifchal, Buchan, Eglington, Wigton, Galloway, and Selkirk ; the Vifcounts 
 of Stormount and Kilfyth ; the Lords Semplc, Oliphant, Bhntyre, Bargany, 
 and Kinnaird ; George Lockhart, of Carnwath ; Andrew Fletcher, of Saltoun j 
 Mr. William Cochran, of Kilmaronock ; Sir Humphray Colquhoun, of Lufs ; 
 Robert Rollo, of Powhoufc ; John Murray, of Strowan ; Mr. James Carnagie, 
 of Phinhaven ; David Grahame, younger, of Fintrie ; Alexander Mackye, of 
 Palgown ; Alexander Edgar, Alexander Duff, Francis Molifon, Archibald 
 Shicls, Mr. John Lyon, Mr. John Carruthcrs, George Home, and Mr. Robert 
 Frazer, adhered thereto. 
 
 And
 
 WITH ORSERVATIONS THERF.ON. 465 
 
 And after Ibmc farther dchatc, it was agreed, that none of the above profefts 
 be inleit at length m the minutes, or printed, but that the)- be all recorded and 
 hifert in the records of Parliament. 
 
 Then the third paragraph of the twcnty-fecond article of Union, beginning 
 thus : " And if Her Majelly, on or before the firft day of May next," &c. and 
 ending with thefe words : " And that Parliaments may continue for fuch time 
 " only as the prefent Parliament of England might have continued if the Union 
 " of the two kingdoms had not been made, unlefs fooner diflblved bv Her Ma- 
 *' jefty," was read. 
 
 And after leafoning thereon, it was moved to add the following claufe thereto, 
 viz. " And that the faid Parliament of Great Britain iliall meet and fit once in three 
 " years, at leall, in that part of Great Britain now called Scotland." 
 
 And after farther debate, there were two Hates of a vote offered, the firft in 
 thefe terms : " Approve the third paragraph of the twenty-lecond article, or not :" 
 and the fecond in thefe terms, " Add the above claufe, or notj" and after 
 reafoning which fliould be the Hate of the vote, it was put to the vote, " Firfl^ 
 "or Second." 
 
 And it was agreed, that the members votes ihall be marked ; and that the 
 lift of their names as they vote be printed and recorded, and the Lord Chan- 
 cellor was allowed to have his name printed and recorded as a voter for the firft 
 ftate, and if that ftiall carry, as voting among the approvers. 
 
 Then the vote was put, " Firft, or Second," and it carried, " Firft." There- 
 after the vote was pur, " Approve the third paragraph of the twenty-fecond 
 *' article, or not ;" and it carried, " Approve." 
 
 Then the reft of the twenty-fecond article of Union was read ; and after fome 
 reafoning and reading of the oaths to which it relates, an overture was given 
 in for an additional claufe for explainmg the word " Limitation," mentioned in 
 the oath appointed to be taken by ftatute 13 W. 3, cap. 6. 
 
 And another overture was given in, for exeeming perfons in anv office or em- 
 ployments in Scotland, from taking the oath of abjuration mentioned in the 
 laid article. 
 
 And a third overture for a claufe. That fo long as the ad: Appointing a facra- 
 mental teft fhall continue in force in England, all perfons in publi'ck truft within 
 the limits of Scotland, fhail fwear and fign a formula thereto fubjoyhed, in 
 manner and under the penalties therein mentioned. 
 
 And after reading the laid three overtures, and reafoning thereon, a vote was 
 ftated, " Approve of the twenty-fecond article of Union as explained, or n6t." 
 
 But before voting it was agreed, that notwithftanding of the faid vote, and 
 that the article fhail be thereby approven, it fhall neverthelefs be intire and free 
 thereafter to proceed on the faid overtures next/ederunt of Parliament, an^J to the 
 Parliament to give their fentiments thereon. 
 
 5 O And
 
 466 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 And it bciag thereupon moved to delay the vote for approving the article tilt 
 ntxx federunty 
 
 A previous vote was ftatcd, " Proceed, or delay ;" and It carried, " Proceed."" 
 
 Then the vote was ftated, " Approve, or not." 
 
 But before voting, it was agreed, that the members votes be marked, and 
 that the lift 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-fecond article,, as ex:» 
 plained, or not ;" and it carried, " Approve." 
 
 Adjourned tUl to-morrow at ten o'clock. 
 
 OBSERVATION LV. 
 
 The debate about the proteftations of the four gentlemen above mentioned, 
 ended now, after fome heat, in ordering the proteftations to be recorded and 
 enrolled in the regifters of Parliament, which fatisfied all parties. 
 
 It was very much inquired after, why thefe proteftations fliould not be- 
 made public, fince the gentlemen that made them did not concern them- 
 felves to conceal them ; fome alledged, the Parliament behoved to enter 
 into a confutation of the matter of the protefts,. if they made them public, 
 and either to approve or cenfure them : others thought, the publifhing them 
 might do harm among the people ; and that fince the Parliament were now 
 juft at the end of the work, it was better to keep them all eafy, than ftart 
 any new difpute. So the protefts were not publifhed, but entered in the 
 rolls or regifters office of the kingdom t>f Scotland, from whence the true 
 copies of them are taken, and added in the Appendix to this work. No. K.. 
 L. M. N. 
 
 Then they went upon the debate of triennial Parliaments, included In the 
 third paragraph of the twenty-fecond article,, and fome were very urgent for 
 a new claufe, as in the minute ; but when the gentlemen were put in mind,, 
 that by the very words of the paragraph, it was expreflly provided, that the 
 firft Parliament of Great Britain could fit no longer than the next enfuing 
 feffion, being the termination of the Englifh Parliament then in being, and 
 that by the adt then in force in England, called the Triennial A<5t, every 
 Parliament was to terminate in three years ; the thing appeared already 
 fettled, and fo admitted no farther debate, that law being, among others, 
 continued by the twenty-fifth article ; of which in its order. 
 
 « It
 
 WITH OBSERVATIONS THEREON. 467 
 
 It was very ftrange, that notwithftanding the debates of this da^^ and ih^ 
 exprcfs provifion of the treaty, many people flattered themfelves with the no- 
 tion of the Parliaments continuing to fit; nor could it be beaten out of their 
 thoughts in England as well as In Scotland, till they faw the very preparations 
 making for anew elecflion. 
 
 The propofal for explaining the fl^vcral oaths to be taken by the members 
 of the Britifli Parliament was oppofed, not that there could be any concealed 
 oath that wa3 not known to the members; and the particular oaths of Allcg-i- 
 ance, the Declaration, and Abjuration, were laid before the Houfe: but the 
 gentlemen who thought fit to oppofe it, did it on this foot, that they thought 
 the articles fo expreflly diredcd to the particular adts in which the faid oaths 
 were contained, and in which no other oaths were cxprefled, that- the adts be- 
 ing named at large and referred to, and the cullom and ufage of Parliament 
 known and public, there could be no poffible fraud, miftakc, or mifconftruc- 
 tion, but that it was this way as expreflly and diredtiy 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 fucceflbrs to the Crown, alfo will 
 come to be fpoken to again in its place. 
 
 The overture about the qualification of perfons to ofiices of truft has been 
 fpoken to more than once already, and needs no farther obfervation at this time. 
 
 MINUTE LVI. 
 
 Friday, Jannary 10, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Addrefs of citizens, burgefles, trades, and other inhabitants within the town 
 of Perth, fubfcribers of the fame, againfl: an union with England In the terms 
 of the articles, given in and read. 
 
 Then the overture for exeeming perfons in any office or employment in Scot- 
 land from taking the oath of Abjuration, mentioned in the twenty- fecond article 
 of Union, was again read ; and after fome reafoning thereon, the overture was 
 paft from. 
 
 Thereafter the overture for additional claufe to the faid twenty-fecond article, 
 for explaining the word limitation, mentioned in the oath appointed to be taken 
 by flat. 13 W. 3, cap. 6, was again read in thefe terms : *' Likeas It is declared, 
 " that, by the word limitation in the oath mentioned in the above article, is 
 
 3 2 " only
 
 468 MINUTES OF THE PARLL^MENT OF SCOTLAND, 
 
 " only underftood cnt:iil of the fucceilion, and not the conditions of government 
 " upon the fuccelior; and that all perfons of Scotland, who may be lyable to 
 •' take the faid oath, fwcar it in that fenfc only." 
 
 And after reafoning thereon, the vote was pur, " Add the faid claufeor not," 
 and it carried, " Not." 
 
 Then the third overture for a claufe to be added to the faid twenty-fecond ar- 
 ticle, mentioned in the minutes of the latt/ederunt, was again read in thefe terms : 
 ' And farther, it is agreed, that fo long as that part of the 2d adl, anno 2:;, 
 ' ch. 2d, appointing a facramental Tell:, Ihall ftand, and continue in force in 
 ' England, all perfons in public trull, civil or military, within the limits of 
 ' Scotland, fliall fwear aad lign the Formula under written within fix months 
 ' after the commencement of the Union : and all who fhall be admitted to any 
 ' public truft thereafter, Ihall, before exercifing their faid office of trull, fwear 
 ' and fubfcribethe fame, to be adminillered by the Lords of Privy Council, or 
 * any one of them, under the like penalties and difabilities as are provided by 
 ' the forefaid ad; made in the Parliament of England." 
 
 Follows the Formula, " I A. B. do fincerely and folemnly declare, in the pre- 
 ' fence of God, that I owne the Prefbyterian government of the church, as by 
 ' law ellablillicd in Scotland, to be a lawful government of the church j and 
 ' that I fhall never, dircftly nor indireftly, endeavour the fubverfion thereof, 
 ' nor any alteration in the worlhip, difcipline, or government of the faid church, 
 ' as by law ellablillicd. So help me God." 
 
 And after reafoning thereon, a vote was Hated, " Add the claufe or not ;" but, 
 before voting, it was agreed, that the members votes fball be marked, and that 
 a lift of their names as they vote be printed and recorded. 
 
 Then the vote was put, " Add the claufe or nor," and carried, " Not." 
 Thereafter the twenty^third article of Union was read ; and, after reafoning 
 thereon, the farther debate was adjourned till the next federunt of Parliament, to 
 be then proceeded upon previous to all other bufinefs, except a proclamation to 
 be then brought in, for propagating the dyet for the choofing of collcdlors and 
 clerks of the fupply in the feveral fhires of this kingdom, and continuing the lall 
 colledlors and clerks for the tcrmof Candlcfmas next. 
 
 The Committee appointed to meet to morrow at ten of the clock in the ufual 
 place. 
 
 Adjourned till Monday next at ten o'clock. 
 
 OBSERVATION LVL 
 
 This whole day was taken up in debating the fubjed: of the word limitation, 
 mentioned in that famous adl of 13th W. 3. in England : fome had alledged, 
 that, by that ad, if any perfon took upon him the Crown of England, unqua- 
 lified
 
 WITH OBSERVATIONS THEREOxM. 469 
 
 lified by any of the articles therein named, the allegiance fworn was not due, 
 and that the fubjeft would be thereby obliged, by his oath, to oppofe fiich 
 fiicceiror; others had declared the limitations to mean nothing but an entail 
 of the fucceffion by Parliament, without any conditions of government ; 
 and upon thefe feeming uncertainties, the pcrfons that moved this claufe de- 
 manded an explanation ; but it was upon the whole not thought proper to 
 undertake any explanation of an adt, which, as it flood, fccmed fufficient to 
 fettle the Proteftant fucceffion, and could not hurt the prefcnt fcheme, fince, 
 fo far as it might oppofe any branch of the Union, it was provided againft in 
 the twenty-fifth article ; and to put any conftruftion upon it, which might be 
 jnconfiftent with the Englillaaftairs, would be but to lay a tumbling block 
 in the way of the Union ; and therefore this projccfl was alfo rcjtdtcd. 
 
 The affair of the facramental Tell had been mentioned before, but never fo 
 plainly moved in Parliament as now; it had been moved in the commifTion 
 of the alTembly, and great endeavours had been ufed to bring the miniflers 
 in as objeftors ; and a formula like this had been propofed there, as Is noted, 
 already, but it failed on their fide : the miniflers were, in the firfl place, not 
 willing to meddle with things of that nature. And, fecondly, as to the For- 
 mula, many of the miniflers gave their opinion, that they did not approve of 
 impofing any oath, or acknowledgment of the church, as a teft of civil em- 
 ployment ; and to have an oath of acknowledgment to the church of Scot- 
 land be a counter tell, was a tacit approbation of the method pratflifed in 
 England, which they detefted'. 
 
 Others again were of the opinion, chat the fubjedts of Scotland were al- 
 ready, by the Union, exempted from the facramental Teft in England by two 
 feveral claufes; i. In th-at the fubjeds of both kingdoms were, by the fourth 
 article of the Union, to enjoy equal privileges and encouragements ; and, 
 2. That, by the aft for the fecurity of the church government, no oath was 
 to be impofed upon the members of the church of Scotland, contrary t© 
 their principles. In arguing the firll of thefe, it was alledged. That if a 
 fubjeft of Scotland taking the facrament in the national eflablifhcd church 
 of Scotland fhall not be capable of any place of preferment under the go- 
 vernment of Britain, as well as a fubjcdl of England taking the facrament: 
 in the national eftablrfhed church of England, then do not the fubjecls 
 of either kingdom enjoy equal privileges. And lallly it was argued, that, 
 by the laft article of the treaty, the facramental Teft might be underftood to 
 be adlually repealed, as contraveening the equalities of the treaty. 
 
 Upon thefe debates It was thought, that to meddle with this matterTnTght 
 do much more harm than good ; and therefore it was firft let tall without 
 doors, and now rejedlcd within, and the article pallid- without it. 
 
 MINUTE
 
 >- 
 
 470 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE LVIL 
 "Monday^ January 13, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the twenty-third article of Union was again read, and after fome rea- 
 foning, an overture was given in for adding a claufe thereto in thefe terms : 
 " With this exprefs provifion, that none of the Peers of Scotland fliall have 
 " perfonal proteftion within Scotland for any debts owing before the com- 
 •• mencement of the Union." 
 
 As alfo another overture was given in for adding a claufe thereto in thefe 
 terms : " That all the Peers of that part of Great Britain now called Scotland, 
 *' qualified according to law, fhall, after the Union, have right to fit covered in 
 . * the Houfe of Peers of Great Britain, notwithllanding that the right to give 
 
 vote therein belongs only to the faid fixteen Peers, who are to be fummoned 
 *' in the manner appointed by the preceeding article." 
 
 And after reafoning upon the faid two overtures, and upon two feparate mo- 
 tions, the firft in relation " to allowing all the Peers of Scotland to fit upon the 
 ** tryal of the Peers of Britain;" and the other in relation to their prece- 
 dency according to their patents, the vote was ftated in thefe terms : 
 *' Approve the twenty-third article of Union, or alter, refcrving intire the con- 
 *' fideration of the above two overtures, and whether the fame fliall be added to 
 ** the article," and it carried, " Approve." 
 
 Then the firfl overture for the claufe, in relation to perfonal protccftion, was 
 again read; and after debate, it was put to the vote, " Add the claufe or not," 
 and it carried, " Not." 
 
 Thereafter the fecond overture, or a claufe, ** in relation to all the Peers of 
 " Scotland, their fitting covered in the Houfe of Peers of Great Britain," was 
 again read ; and after reafoning, the vote was put, " Add the claufe or not." 
 
 But before voting, it was agreed, that the members' votes fliall be marked, 
 and that the lifl: of their names as they fliall vote be printed and recorded. 
 
 Then it was put to the vote, " Add the claufe or not," and it carried, 
 « Not." 
 
 Adjourned till to-morrow at ten o'clock. 
 
 a OBSER-
 
 Wim OBSERVATIOxNS THEREON, 471 
 
 OBSERVATION LVII. 
 
 The debates of this day related wholly to the privileges of the Peers, and 
 particularly to the differing privileges of thofe who were to fit in the Parlia- 
 ment of Great Bi'itain, from thofe who were not, that is, for the time they 
 were to fit : fome would have it, that thofe that did not fit fhould have no 
 manner of privilege, any more than as a commoner, till fuch time as they 
 Ihould come to fit by eledtion in the Houfe of Lords, and then thofe that 
 were formerly fitting Peers, or Parliament Lords, became divefted of all their 
 privileges, unlefs they were of the new eledtion. Some thought the gentle- 
 men who were of this opinion moved it chiefly to bring the Peers into a 
 dills^e of the Union, (all other hopes being now almoft over, as to the Union 
 on the fide of Scotland ;) and that the nobility being thereby, as it were, de- 
 graded of their charafters, would think it too great a hardlhip, and fo fly off 
 from the treaty in general, or fly to fome extreme on the other hand, making 
 fome demand which the Peers of England would not fubmit to. 
 
 Others, it was thought, had this farther view in the propofal for levelling 
 the Scots nobility that were not fitting Peers with the Commons, that they 
 defigned to propofe the unfitting Lords to be capable of being elefted into 
 rhe Houfe of Commons, and fitting in the Lower Houfe. 
 
 This wSs received with fome refentment, as a great diflionour to the 
 Peerage of Scotland, by fome people, and efpecially without doors ; the 
 Englifli were upbraided with endeavouring to have it fo, in order to lefl~en 
 the charafter of the nobility of Scotland: but in this they wronged their 
 own judgement, as well as the Englifli nation, fince, had fuch a thino- been 
 offered, it had been rejected in England as unequal and injurious to the equa- 
 lity we have been fo often fpeaking of, as the ground of the whole treaty : 
 nor could it have been confented to in England, fince it had been bringing 
 the Scots nobility into too great an influence of parliamentary affairs, when 
 fixteen being already judged fufKcient; there might be now fixty-one Scots 
 Lords in every Parliament, viz. fixteen in the Houfe of Lords, and forty- 
 five in the Commons; which, when any thing relating, efpecially to the nobi- 
 lity, or to the privileges of one Houfe againft the other, might turn the ba- 
 lance to this or that fide, to the manifeft injury of the conftitution, which 
 now confifts in the equality of powers and privileges, and the due limits fet 
 between each kind, to prevent their encroachment upon one another. 
 
 But the wifdom and modefty of the nobility in Scotland prevented this; 
 and the article had been fo well confidered at London, and was fo warily 
 worded, that there was room for little or no exception on behalf of the Peers; 
 
 for.
 
 472 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 for, I. As to privileges, the fixtccn Peers, or the Peers of Parliament for the 
 time being, had effectually all the privileges of the Peers of England in the 
 utmoft extent, and all the privileges they ever after could receive, could not 
 be received but in common with the faid fixteen ; nor could any exception be 
 made to it, whether in the cafes of parliamentary privileges, or the perfonal 
 privileges in cafe of trying of Peers, or being tried as criminals. 
 
 2. The remainder of the nobility enjoyed privileges every way equal to 
 the Englifh nobility, excepting only, as it is in the article, the rights of fit- 
 ting in the Houfe of Lords, and the privileges depending thereupon. 
 
 But the great debates of this day began upon this claufe, the rights and 
 privileges of the Scots nobility who were not Loids of Parliament for the 
 time being. 
 
 And firft it was moved to be excepted, that the faid Lords fliould not 
 enjoy the privilege of perfonal protedtion in cafes of debt, as is the privilege 
 of the Peers of England : fome had alledged they pleaded for the honour of 
 the Scots nobility in this head, that it was below their dignity to be pro- 
 tected by their titles againft their juft obligations, and a meannefs they had all 
 along contemned, to plead the privilege of their Houfe againft the proceed- 
 ings of the law; that it was not agreeable to the true intent and meaning of 
 parliamantary privileges, that this privilege lliould extend to thofe that did 
 not fit in Parliament, fince the privileges of Parliament of this kind were at 
 firft appointed to provide againft any impediment to fitting in Parliament, 
 that the members of either Houfcs fliould on no pretence whatever behindrcd 
 from the fervice of their country in Parliament : and this could not be of any 
 fignification in thofe Peers that were not fitting members of the Houfe of 
 Lords; that for the Scots Peers to claim protcdfion for their perfons againft 
 their juft debts, was more than levelling iheir perfons with the Commons, for 
 it was fctting them below the Commons, fince no man would then truft the 
 nobility in matters of debt without fome commoner being fecurity for ihcm, 
 againft whom they might have remedy at law. 
 
 Thefe objccftions had no little weight, and this privilege of the perfons of 
 the Peers in cafes of debt fcemed, at firft view, very grievous to Scotland, and 
 fome of the Peers themfclves looked upon it as diftionourable. 
 
 But when it was calmly confidered and anfwcrcd, that the perfons of the 
 Peers in England are accounted facred on fevcral accounts, bcfides thofe of 
 debt ; that even the Government cannot proceed againft a Peer, but in an ex- 
 traordinary way ; that no warrant can be executed in the houfe of a Peer, 
 but by three jufticcs of the peace : and that there arc feveral ncccflary exemp- 
 tions to the peerage which this privilege prefcrvcs, bcfides that of debt; and 
 which, as they arc hereditary counfellors of the nation, and have frequently 
 
 3 g''^^'"
 
 WITH Oli^KRVATIONS TIIJ:RE0N. 4^7 _^ 
 
 great trufts committccj to them ; and both are, and ought to be a great and 
 ready afllftance to the public good, upun fudden emergencies, whicH'j upon 
 pretence of arrclls and attachments for debt, may be prevented. That as to 
 the julVice of perfonal protection in cafe of debt, it was anfwered, their cilatcs 
 were not protected in Icvcral cafes, only their [>erfons; and it was as reafon- 
 ble to puifue the eftatc as the perfon of the debtor, and efpecially in Scot- 
 land, where the law reaches the effedls of the debtor, though on perfonal 
 bonds. That as to the credit and honour of being protected againft jull 
 debts, it would be much more for the honour of the Scots nobility that'they 
 gave all meri notice that they defpifed the advantage of their perfonal credit, 
 and fincethcy could not fue a nobleman, they might decline trufting him 
 and welcome ; and for thofethat were trufled, though they could not be fucd, 
 it was yet greater reputation to them, that the principle of honour in them 
 was fo well known, that men would depend upon their honour, where they 
 could- not otherwife oblige them to make payment. •'-"'' 
 
 Upon the;fe and the like confidcrations this motion was rcjedVed, and the' 
 Scots nobility, by virtue of that claufe in the twenty-third article, " And 
 " fhall 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 en- 
 *' joy the flime," are protected in their perfons and eftates as the Peers of 
 England are, whether they (the Scots Peers) are Peers of Parliament at that 
 time or not. 
 
 The next difpute was a privilege demanded for the Peers of Scotland, that 
 they, not being of the Parliament at that time, might fit in the Houfe of 
 Lords covered, &c. but not have any right to vote. This was urged many 
 ways, either that they might have a gallery to fit in as fpeftators, or that 
 they might fland behind the Throne, as the eldeft fons of the Englifh 
 Peers may; and either of thefe it was thought might have been obtained. 
 But the main defign of bringing them in to be prefent at debates, to argue, 
 fpeak and debate upon the feveral matters that fliould be brought before the 
 Houfe. This was oppofed upon feveral accounts; firft. As it was thought 
 impradticable, and an evafion of the Houfe of Peers as a houfe, and what 
 could not be obtained if pulhed at. Secondly, As it was thought an infigni- 
 ficant thing to have perfons to fit and argue who had no power to determine. 
 .And thirdly. As it would be far from any honour to the nobility of Scotland 
 to be admitted into debates, where they muft always have the mortification 
 of being diftinguifhed, and like mere folicltors, whofe place is without the 
 bar, be allowed to talk, and yet have no fignification in a queftion; but if 
 the Houfe divided, be obliged to ftand together like mutes in an alphabet, 
 who have no found in the exprcffion of a fyllable. 
 
 3 P And
 
 474 MINUTES OF THE PARLIAMENT OF SCOTLAND^ 
 
 And thus ended the debates of this great point, the privilege of the 
 Jieerage, and the article received no manner of alteration. 
 
 MINUTE LVIII. 
 Tuefday, January 14, 1707. 
 
 r 
 
 prayers fald. 
 
 Rolls called. 
 
 Then the tv/enty-fourth article of Union was read, whereupon a memorial 
 was given in for the Lyon King at Arms, in relation to his precedency, which 
 Ipeing yead, after reafoning, it was moved, That the rank and precedency of the 
 Lyon King of Arms be left to Her Majefty, and that next to thefe words in 
 the fald article, viz. " And that the quartering the arms," thefe other words, 
 viz. " And the rank and precedency of Lyon King of Arms of the kingdom of 
 *« Scotland," be added. 
 
 And it being alfo moved, That bis rank fliould be infert in the faid article, 
 tp 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 Majefty, or infert the rank and precedency," 
 and it carried, " Add the words." 
 
 Which being accordingly added, there was another claufe oifered to be added" 
 to the faid twenty-fourth article, in thefe terms, " And the crown, fcepter and 
 •* fword of ftatc, records of Parliament, and all other records, rolls, and re- 
 ** gifters whatfomever, both publick and private, general and particular, and 
 " warrants thereof, continue to be keeped as they are, in that part of the united 
 *' kingdom now called Scotland, and that they fliall fo remain in all time com- 
 ** irrg, notwithftandingof the Union;" which being read, the fame was agreed- 
 to be added, and was accordingly fubjoyned, 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 reafoning 
 
 thereon, the vote was put, " Approve of the twenty-fifth article or not," and it 
 
 carried, " Approve." 
 
 Moved, that a dyet be appointed for confidering the manner of ele£t:ing the 
 
 rcprefentatives for Scotland to the Parliament of Great Britain, and agreed that 
 
 the motion be entire ncxt/edermt of Parliament, 
 
 Adjourned till to-morrow at ten o'clock*. 
 
 OBSER.
 
 WITH OBSERVATIONS THEREON. 475 
 
 OBSERVATION LVIII, 
 
 The debate of the rank and precedency of the heralds, and of the quarter- 
 ing of arms, the ftandards and colours, vvas a thhig of no great confequencc, 
 nor could it be referred to any body better than to Her Majclly ; and there- 
 fore the difpute of this was not long. 
 
 -The keeping the honours, as they called them, in Scotland, viz. the 
 crown, fcepter and fword, was indeed a material point, at leaft as it had been 
 made fo by fome gentlemen, who had pretended to alarm the common peo- 
 ple with apprehenfions, that they were to be carried aM'ay to England as tokens 
 of furrendering the fovereignty of Scotland to the Englilh; but as no fuch 
 thing was ever thought of in England, the propofal met with no oppofition ; 
 and fome people thought, that not only the enfigns of royalty, but the roy- 
 alty itfelf, fovereignty and government of Scotland, remain as intire, as the 
 fame things refpediing England remain intire, either kingdom voluntarily 
 confenting to an union of power, an union of government, and of all things' 
 needful to preferve both. 
 
 The laft article refpedting the abrogation of all laws, which might be fup- 
 pofed to contravene the treaty, met with no oppofition at all. 
 
 And thus this weighty affair was finiflied on the fide of Scotland, con- 
 trary, I believe I may fay, to the expectation of all the world, who were 
 amazed to fee a thing of that confequence, and with difficulties which 
 feemed -in themfelves infuperable, fo fuccefsfuUy brought to a clofej a 
 ■'- 'thing which had been fo many times attempted in vain; a thing which had 
 '■ fo often been fet about, rather in a fhow than defign of uniting; and I 
 think I may fay, a thing that never was heartily fct about on both fides 
 before. 
 
 It had held the Parliament of Scotland a long, a troublefome, a dange- 
 rous, and I muft own a very uncomfortable debate, ftep by flep, and article 
 by article, from the third of October to the fourteenth of January, with 
 very little intermiffion; for never was bufinefs clofcr applied, more ftrenu- 
 oully pufhed, or more vigoroully oppofed. 
 
 The work that.remained (I mean to the Parliament) was but fhort, and 
 I Ihall do little more than relate the fadV, which will be found in the minutes 
 of Parliament; and I fhall fet them down in their order, omitting what 
 relates to private bufinefs as not material here, fince I can very ill fpare 
 room for any thing but what relates immediately to the bufinefs, and agrees 
 with the title. 
 
 3 P z MINUTE
 
 476 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE LIX. 
 
 Wednefday, January 15, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Draught of an a(5l ratifying and approving the treaty of Union of the two 
 kingdoms of Scotland and England, given in and offered to be read. 
 
 Whereupon it was moved, That the Parliament fhould firft proceed to the 
 conftitution of the manner of eledting the reprefentatives of Scotland to the 
 Parliament of Great Britain, and cither now to determine that matter, or to ap- 
 point a dyet for that end. 
 
 And after debate the vote was ftated, " Proceed to the ratification of the 
 " treaty of Union, and adt for Security of the Proteftant religion and Prefby- 
 *' tcrian church government, or to the conftitution of the manner of cle<3;ing 
 ** the reprefentatives for Scotland to the Parliament of Great Britain." 
 
 But before voting it was agreed, that in cafe it fhall carry to proceed to the 
 ratification, the Parliament will immediately, after paffing the adl of ratification, 
 proceed to the conftitution of the manner of elefting the reprefentatives for 
 Scotland. 
 
 Then the vote was put, " Proceed to the ratification or conftitution,", and it 
 carried, " Ratification." 
 
 Thereafter the draught of the adt, ratifying, approving, and at length nar- 
 rating the articles of Union as enlarged, explained, and amended, and the adt 
 ior fecurity of the Proteftant and Prelbyterian religion church government, was 
 read. 
 
 And afccffome difcourfe, it was put to the vote, " Mark a firft reading on 
 " the ad or ..•ot," and it carried, " Mark a firft reading;" and accordingly a 
 fnft reading was marked thereon. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION LIX. 
 
 The articles were now gone through, and finifhed as before; yet there' re- 
 mained two things to be done in order to compleating the affair, fo far as re- 
 ferred to Scotland; one was to pafs the adl of Security for the Preft))terian 
 church government in Scotland, which was to be ingroffcd and inferred in the 
 body of the adl of Union, and made a part of it; and then to pafs in Parlia- 
 ment fome fubfcqucnt afts, which being previous to the treaty, or depending 
 upon it, ought to be fuiilhcd in Parliament before the Union, and would be 
 of courfc confirmed by it, by virtue of the eighteenth articlcj continuing 
 
 3 ^''''
 
 WITH OBSERVATIONS THEREOI^. 477 
 
 . , f ■ ■ 
 
 and confirming all laws and afts then in force, except fuch only as came within 
 
 the reach of the twenty-fifth article, viz. fuch as were contrary to, and in- 
 
 confiflent with the Union. 
 
 Thefe were, i. An ad: to fettle and determine the conftltution of the man- 
 ner of clefling the reprefentativcs for Scotland in the cnfuing Parliament of 
 Great Britain. 2. An adt for plantation of kirks, a thing long wanted in 
 Scotland ; together with the valuation of tcinds or tithes, and about the re- 
 vcrfions of kirk lands. 3.' For the fettling the public debts, difpofing and 
 appointing the equivalent; that is, the payment of it according to the true 
 intent of the treaty, adjufting the affair of the African Company, &c. which 
 " was now under reference to a Committee. 
 
 Thefe things were neceflary adjundts to the treaty; but as the adt of Union 
 itfelf was the foundation on which all thefe things were depending, and that 
 there was a great deal yet "to be done to it, viz, to be ingroffed and pafled in- 
 to an aft, and fent to London; the interval of time, after the main affair 
 fhould be difpatched, was thought the proper fcafon to fettle, pafs and enadt 
 all thefe things , wherefore they rcfolv'ed to go firft to work with the adt, and 
 that no time might be loftj the adl had been drawing up, with all the amend- 
 ments to every article, as they had paffcd in the Houfc, and was ready to pre- 
 fent to the Houfe this day ; and, as per'the minute, obtained a firft readings 
 all other bufmcls being delayed. ■' 
 
 MINUTE LX".. 
 
 Tbur/daj, January 16, 1707. 
 
 Prayers faid; 'i--3t'"'i ' 
 
 Rolls called. • ^^f^ '• 
 
 Draught of the adt, " Ratifying and approving the treaty of Union of the 
 " two kingdoms of Scotland and England," read a fecond time. 
 
 Then the adt " For Security of the Proteftant religion and Prcfbyterian church 
 " government," which is infert in and ratified by the above adt, was touched 
 with the royal fcepter by Her Majefties High Commiffioner in the ufual manner^ 
 
 Reprefentation and petition of the commiffion of the General Affembly of 
 the church of Scotland civen in and read. 
 
 And after reafoning upon the adt and reprefenta'tion, the vote was ftated, 
 *' Approve of the adt or not." 
 
 And before voting, it was agreed, that the members votes be marked, and 
 that the lift of their names as they vote be printed and recorded, and the Loal 
 High Chancellor was allowed to have his name marked, printed and recorded 
 as an approver. 
 
 Likeas
 
 478 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Likeas a proteft was given in for the Duke of Douglafs, and read in thefe 
 
 terms : " We underfubfcriberSj tutors, teflamentars to his Grace the Duke of 
 
 " Douglafs, whereof three is a quorum, in name and behalf of thefaid Duke ; 
 
 *' forafmuch as his Grace -the Duke of Douglafs^ and his heirs, has, by their 
 
 " inveftitures and honours of thecftate of DoiJglafs_^,,(ip confideration of the 
 
 *' great and faithf\,Ti feryices done and performed to this crown and kingdom by 
 
 ** his anccftors) provided to them the honov^r of leading the van of the arms 
 
 *' of Scotland in the day of battle, the .carrying of the cr9wn of Scotland in 
 
 " procefTions., and jglviug the firil vote in all p.frli.ament?^ councils, or conyen- 
 
 " :tions in Scotlapdj wd ficklik^, by the tWi^nti^et^ article, .qf. Union, ajl here- 
 
 " table offices are referved to the ovi'ji^rs,,?LS, F^hpsi of property,;, jin the fame 
 
 *' manner ^s they are^o.w ei^ioyned by-th,e,;laws,.,of S.cptland, notwithftanding of 
 
 '^ this treaty; whereby his Grace's forefaicj ptfiqe^, and privileges, by parity of 
 
 " reafon and juflice, ought to.be preferved. Yet, feeing the intire union of 
 
 " the two kingdoms will be attended wjth an vniqn of their a^t^iSj crowns and 
 
 " councils, whereby his Grace's offices land privilege? naay ft^etntp be,,of njpre 
 
 •" difficult explication, his Grace's tytors and guardians, in his pupillarity, do 
 
 ." now, before the treaty be ratified in this Parliament, judge it indifpenfibly 
 
 " their duty, for his Grace's intereft, in his name and theirs, underfubfcribers, as 
 
 " tutors to him, with all humility, to proteft, that the faid treaty may not, in any 
 
 " fort, prejudge the honours and privileges belonging to his Grace and fuccef- 
 
 *' fors, which have been the glorious rewards and marks of honour to the il- 
 
 " luftrious families of Douglafs and Angus for their loyalty, great and faithful 
 
 " fervices to the crown and kingdom of Scotland; and that this their proteft 
 
 *' may be received and marked in the minutes and records of Farii;;ment." 
 
 As alio, another proteft was given in by the Duke of Hamilton, in thefe 
 terms: " Forafmuch as there is a proteftation made in behalf of the .Duke of 
 " Douglafs, in relation to his pretcnfions of having the firft feat ;anji, vote in 
 ** Parliament; which proteftation being altogether groundleJs, therefore I 
 " James Duke of Hamilton do proteft in the contrary, in rqgard that none of 
 " the faid Duke of Douglafs his predeceflbrs has, or enjoyed any fuch privi- 
 " lege Cnce there were Dukes or Marquifles created in Scotland, and my pre- 
 " deceftbrs were dignified with patents of Marquifs and Duke fuccefljvely long 
 " before he or his predecelTors had the fame. Secondly, William Earl of 
 *' Angus, the faid Duke his predcceflbr, did, upon the fourth day of June 
 « one thoufand fix hundred and thirty-three years, rcfign all right and claim 
 *' that he or his predeceflbrs or fuccefl'ors had, or ftiould havf, to that privjr 
 *' lege of firft fitting and voting in Parliament, in His Majefties hands; which 
 « refignation is rcgiftrate in the books of Parliament the twentieth day of the 
 " faid month of June one thoufand fix hundred and thirty-three years. Thirdly, 
 
 2 *' land
 
 WITH OBSERVATIONS THEREON. 479 
 
 " I and my pfedeceflbrs have been in continual pofiefllon of having the firft 
 " feat, and of firft voting in Parliament, and have been firft called in the rolls 
 *' of Parlianlent paft memory of man: and upon this proteftation I take inftru- 
 ** ments, and defire the fame to be infert in the records of Parliament." 
 
 And the feVeral proteftors, or ingivers, took inftruments upon their refpcdlve 
 protefts. 
 
 Then the vbte was put, " A'ppfbVe of the adt, ratifying and approving the 
 " treaty of Union of the two kingdoms of Scotland and England, yea or not," 
 and it carried, " Approve." 
 
 Arid the &&. was ^thereafter touched with the royal fcepter by Her Majeftles 
 High Commiffioner in the ufiial manner. 
 
 The Committee appointed to meet to-morroW at nine of the clock* 
 
 Adjourned till Monday next at ten o'clbck. 
 
 OBSERVATION LX. 
 
 The a(Et for the Union admitted now no debate, the articles having been 
 voted and approved one by one, as is feen at large ; fo there was nothing to do 
 but to put the queftionupon, and to make it a fecond reading, according to 
 the cuftom of the Parliament of .Scotland. 
 
 . The church aft was to be inferted in the body Of the a€t of Union as a part 
 ©f the treaty, and yet it was to be pafled into an a£t by itfelf, and touched by 
 the fcepter in form as an adl of Parliament, before the a& of Union was 
 pafTed, and it was accordingly done fo, as per the minute ; fo that the aft for 
 the eftablifliment of the church of Scotland received a double fanftion in 
 this Parliament ; it was not enafted fingly by the Union as an effeft of the 
 treaty, but was eftabliflicd by a law before the Unioii, and again repeated in 
 the body of tlie treaty of Union, as a ratification only, or recognition of what 
 before was an eftabliftied law of the kingdom. 
 
 Of the firft reprefentation and petition of the commiflion of the General 
 affembh', I have fpoken already at large: there was fome little debate about 
 it now, but it made no alteration in the aft of the church,, but it pafled as it 
 had been before fettled. 
 
 However, that it may be feen what addition was made to the firft overture, 
 I have added both the overture as firft given in, and the aft as it vvas paflTed 
 in Parliament ; and what more was required will be feen in the reprefentation 
 of the commiflion : all which are added in the Appendix. 
 
 It is to be obferved here, that there was a fecond reprefentation and peti- 
 tion prefented to the Parliament this day from the commiflion of the General 
 AlTembly, upon the following occafion. 
 
 The
 
 48o MINUTES OF THE/PARLI-AMENT OF SCOTLAND, 
 
 The church qf Scotlaitd havuig beea.efFcdtually fccured by an adt of parlia- 
 ment, called The AA of Security, &cu and wltich was made a part of the zd: 
 of Union, as appears in its place, there,.\yas a claufe added at the end of the 
 aft of Union, in thefe words : ".Declaring neverthclefs., that the Parliament 
 " of England may provide for thq.fe9urity of the church 0;f England as they 
 " iliall think expedient, to take place within the bounds of the faid kingdom 
 *' of England, and not derogating from. the fecurity above provided for eila- 
 " blifliing the church of Scotland within the bounds of this kingdom, 
 " which fhall not fufpend or derogate from the force and cffeftof this prcknt 
 *' ratification, but fliall be underftood as here included, without any necc^tity 
 *' of any new ratification in the Parliament of Scotland." 
 
 This was called an eflablifliing the church of England with the hierarchy 
 of epifcopacy and ceremonies of tlie church of England, by the Prefbyterian 
 church of Scotland; I have, for the more dirctfl undcrftanding this part, 
 given the faid reprefentation and petition in the Appendix, N° K x. with the 
 reafons at that time given for it, to which I i?$fef . 
 
 I could not fuffer the two proteftations of tire families of Douglafs and 
 Hamilton to be omitted in the minutes; 'though with refpefl to the length 
 of this work, I have induftrioufly,lhune"d private affairs ; but the honour of 
 leading the van of the Scots armies, which thefe, families contended for, 
 might give. both the kingdoms a remembrance of what the Union has deli- 
 vered them from, fince thefe armies were only fucli as within the bowels of 
 this poor ifland fought with', and fhewed their courage in butchering and 
 deftroying one another ; a thing, which, it is hoped, is now effcdlually put 
 an end to. 
 
 The affair of war is now carried abroad, againft the ancient profeffcd ene- 
 my of all Protellant powers, where the English and Scots valour need no 
 rnore contend, but unite together to overthrow their foreign adverfaries; a 
 conteft, which if they had been united in, as they are now, in former ages, 
 perhaps Europe had paid hpnours enow to us before now, as to the greateft 
 nation in the world. 
 
 This is the famous day to Scotland, in which flie fet her fignal to the Union 
 of Great Britain-: we fhall now make a fhort digreffion, to inquire how it 
 went on. in the Parliament of England, and what reception it met with there, 
 whichj becaufe it is "but very fhort, I fhall bring in here, and adjourning the 
 minutes a little, iliall return to them again in tbcir courfc. 
 
 0/
 
 WITH OBSERVATIONS THEREON. 481 
 
 Of the An of Ratijlcatiort, after it zvas paft in the Tarlianienl of Scotland, til! 
 the Exemplification of it was returned from the Tarlianient of England. 
 
 THE Parliament of England being to be the finilhers of this great work, 
 and the Parliament of Scotland not meeting till it was late enough in the year, 
 viz. the fecond of Oftober, the Englifli Parliament were, by fmall adjourn- 
 ments, put oft" as long as it was poffible the public affairs of England could 
 permit, and longer than any Parliament fince the Revolution, had been delayed, 
 not having met till the third of December, when the public bufincfs admitting 
 ■no more delay, they came together. 
 
 It is worth obfervation," that this was a ftrange concuking jundlure, a criti- 
 cal moment, as it may be called, in which Providence fcemcd to bring every 
 thing together that could propagate the great affair of the uniting the king- 
 doms ; and which it may not be improper to notice in this place, becaufe at: 
 the opening of this feflion of the Englifli Parliament, the Queen herfelf took 
 notice of it. 
 
 The campaign abroad had ended in the moft glorious manner for the Con- 
 federates, that could be defired, and above all manner of expeftation ; the 
 French had received three blows that very fummer, enough to overthrow the 
 greateft empire in the world : One under the condudt of the Earl of Peter- 
 bb^ow, with the Englifh forces and fleet in the Mediterranean, relieving the 
 city of Barcelona, and caufing the French, with the lofs of all their cannon and. 
 ammunition to raife the fiege : one under the command of the Duke of Marl- 
 borough, being the great vidfory at Ramillies in Flanders : and the laft under 
 the command of Prince Eugene of Savoy, at Turin. In all which acftions, it 
 was calculated, that the French loft flain in aiftion, taken prifoners, deferted, 
 and dead of their wounds, above 100,000 men, with 300 pieces of cannon and 
 mortars, and other fpoil without and indeed paft all manner of account. 
 
 There are two rcafons why 1 take this opportunity here, and both are intfo- 
 duiflory to the prefent affair, 
 
 I. The people of England by thefe great fuccefTcs, made glad and eafy in 
 hopes of a fpeedy peace, were prepared to grant almoft any thing which the 
 Queen difcovering a paflionate defire, to fee her two jarring, long-contending 
 kingdoms united, the Parliament came together with a temper difpofed to yield 
 (as far as reafon could fuggeft) more, than perhaps at any other juncture could 
 have been expefted. 
 
 3 Q^ 2- The
 
 4S2 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 2. The enemies of the Union, whether abroad or at home, received moft 
 fenfible difcouragement in their dcfigns againft it ; and firft abroad : 
 
 There could be but two kinds of enemies abroad to the Union, and thefe 
 were the French or the Dutch. 
 
 As to the Dutch they were now in fo clofs a confederacy with England, and 
 their whole concern as to the war, was fo involved together, that there was 
 no room for any public differences about it. Nor indeed could the Dutch 
 have put in any rational objeftion againft it ; to either fide, if the intereft of 
 Holland clafhed with the Union upon any fort, it was only with refpect to trade; 
 and though they might perhaps on that fcore have fome reafon to be jealous of 
 it, as what might fome time or other clalh with them in the fifliing and 
 Eaftern trades, yet they could have no pretence to concern themfelves publicly 
 and nationally againft it : and as for private negociations to prevent it, though 
 as I have been informed, they were once or twice confidering of it, yet they 
 never thought fit to meddle : whether it was that they faw no profpeft of fuc- 
 ,ceeding in it, or that they were not willing to do any thing at that time that 
 fhould give an uneafinefs to England or not, I fliall not pretend to deter- 
 mine. 
 
 2. The French, thefe had no doubt ftomach enough to it, and had tools 
 enow to work with, and I muft own, had they but made the leaft attempt, 
 they had effedually broke up the treaty at that time: but God had tied their 
 hands and cut them out other work ; they were befet and embarrafled on every 
 hand, and had no Icifure to look this way, nor if they had had leifure, had 
 they men or money then to fpare, being employed with all their power and 
 diligence, to recruit their troops, and reftore their own affairs. 
 
 And I cannot but record this as a Angular hand of heaven in the affair of 
 the Union : for though, when the next year the French did make an attempt 
 upon Scotland, when their affairs being better after their fuccefs in Spain, 
 they thought themfelves in a condition for it, they found it too late, and that 
 the oppofers of the Union were fettled and would not appear for them, yet I 
 muft fay, had they made that attempt at the time of this treaty, whatever 
 they might have done in the end towards opening the eyes of the people, and 
 reftoring them to their fenfes, they had certainly put all the nation into the 
 utmoft confufion for the time, and effcdually have broken up the treaty. 
 
 The Parliament of England was now met, December 3, 1707, and the 
 Queen opened the feffion whh the following fpeech, .which I infcrt here, as it 
 refers to the treaty of Union, and'alfo as it hints at the iucceffcs I mentioned 
 above. 
 
 The
 
 <( 
 
 WITH OBSERVATIONS THiaiKON. 483 
 
 The Queen's Speech to the Parliament of England, 
 On 1'ue/day the third of December, \ 706, 
 
 ?ily Lords and Gentlemen^ 
 
 I hope vvc are all met together at this time, with hearts truly thankful to 
 Almighty God, for the glorious fucceiles with which he has blefled our arms 
 and thofc of our Allies through the whole courfe of this year, and with ferious 
 and ftcady reiblutions to profecute the advantages we have gained, till we 
 reap the defircd fruit of them, in an honourable and durable peace. 
 
 " The goodnefs of God has brought this happy profpeft fo much nearer to 
 us, that if we be not wanting to ourfclves, we may, upon good grounds, hope to 
 fee fuch a balance of power eftabliiht in Europe, that it fhall no longer be at 
 the pleafure of one prince to difturb the repofe, and endanger the liberties of 
 this part of the world. 
 
 " A juft confideratlon of the prefent pofture of affairs, of the circumftances 
 of our enemies, and the good difpofition of our Allies, muft needs excite an 
 uncommon zeal, and animate us to exert our utmolt endeavours at this critical 
 conjuncture. 
 
 Gentlemen of the Houje of Commons, 
 " As I am fully perfv.'aded you are all of this mind, To I muft eameftly defire 
 you to grant me the fupplies fufficient for carrying on the war next year, in fo 
 effeftual a manner, that we may be able to improve every where the advantages 
 of this fuccefsful campaign : and I alTure 3'ou, I fhall make it my bufinefs to 
 fse all )ou give apply'd to thofe ends with the grcateft care and m.anagem.ent. 
 
 My Lords and Gentlemen, 
 
 " In Purfuance of the powers vefled in me by adl of Parliament both in 
 England and Scotland, I have appointed Commillioners to treat of an Union 
 between the two kingdoms; and though this be a work of fuch a nature as 
 could not but be attended with great difficulties, yet fuch has been the appli- 
 cation of the Commiffioners, that they have concluded a treaty, which is at 
 this time before the Parliament of Scotland ; and I hope the mutual advan- 
 tages of an entire Union of the tv/o kingdoms will be found fo apparent, 
 that it will not be long before I fhall have an opportunity of acquainting you 
 with the fuccefs which it has met with there. 
 
 " Your meeting at this time being later than ufual, I cannot conclude, with- 
 out earneftly recommending to you to give as much difpatch to the public' 
 affairs, as the nature of them will admit j it being of the greateft confequencc 
 that both our friends and our enemies Ihould be fully convinced of ,yonr firm- 
 nefs, and the vigour of y our proceedings. 
 
 3 CL 2 I fl-iall
 
 484 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 I fhall not meddle here with any of the proceedings of the Parliament of 
 England in their own affairs, they having no relation to the cafe in hand ; only 
 make this fhort remark ; that, notwithftanding the latenefs of their coming toge- 
 ther, the occafion of which was known to be to attend the debates of the Parlia- 
 ment of Scotland, they fell fo heartily about their bufinefs, and went on fa 
 fmoothly in every thing, that they got the land-tax bill paft rather fooner 
 in it than it ufed to be in any former Parliaments ; and before Chriltmas, had 
 not only the land tax but feveral other of their public funds fettled, and in 
 an unufual forwardnefs, which is a confirmation of the extraordinary difpofition, 
 which, as I have noted, appeared in England at this time, and of which we 
 ihall fee farther inftances prefently. 
 
 It was the fixteenth day of January, that the ratification of the Union 
 paffed in Scotland ; on the eighteenth the Duke of Queefberry difpatched it 
 away by an exprefs. There were feveial gentlemen who contended for the 
 honour of carrying it up to the Queen, but to avoid giving any offence, it was 
 fent by an ordinary courier or exprefs. 
 
 As foon as it came to the Queen, Her Majefty caufed it to be laid before 
 both Houfes, that though It was firfl to pafs one Houfe, and then the other, 
 yet the particular houfes might be upon the feveral articles together. 
 
 Great was the expeftation in both kingdoms from thefe debates, of the Englifli 
 Parliament/, and in Scotland, the fears on one hand, and the hopes on the 
 otlier, are not to be exprefled, but the Houfe of Commons deceived both 
 fides. 
 
 On the twenty-fecond of January, it was read in the Houfe of Commons ; 
 and, as the befl way ta go through the whole, they ordered every article to 
 be read and voted upon fingly in a committee of the whole Houfe. 
 
 It may, perhaps, furprize pofterlty, when the debates, difputes, heats, and 
 long fpecches, which thefe articles occafioned in Scotland come to be read, and 
 they Ihall come to uriderftand that, in the Houfe of Commons in England, 
 every article paffed one by one after the fcdateft reading, calmeft confidering,. 
 and leifurely proceeding, without any oppofition, amendment, or alteration, 
 no not in the leaft. 
 
 There was fome fmall oppofition againft it in general in the Houfe of Lords, 
 but no amendment offered to any particular article, nor any thing confiderable 
 objedtcd : what was objedled feems generally contained in fome protefts, and 
 reafons given in by the perfons protefting againft it, which were but few, and 
 not much noticed. 
 
 At the fame time that the articles were reading in the Houfe of Commons,. 
 an aft was alfo prepared by the Bilhops, to whom that affair was referred, for 
 fecurity of the church of England, to be paffed in the Parliament, and then 
 
 ratified
 
 WITH OBSERVATIONS THEREON. 485 
 
 ratified, by being infertcd in the body of ihe a<ft of Union, as tlic adl for the 
 fccurity of the church of Scotland had been done before. 
 
 This had been fo far provided for by a blank left in the treaty of ratification, 
 to which, fo far as it concerned the fecurity of the church of England only, 
 the Parliament of Scotland declared themfelves to afllnt, as if it was expreffed; 
 and this was thought but juft, the Parliament of Scotland having had the draw- 
 ing up and wording of their own Adt of Security themfclves, though fome 
 people made loud objedlions againft this, as a plain eftablilhing of I'.pifcopacy 
 in England by the very Parliament of Scotland. 
 
 It was indeed leaving the thing as felf-exiftcnt as it was podible : it was 
 abfolutely necelTary that the treaty of Union fhould be_ ratified by either king- 
 dom ; but as to the ads feverally eftablifhing the refpedlve churches, they 
 were the diflinsft a6l and deed of each kingdom : and if the Scots may be faid 
 to have confented to eftablifh Epifcopacy, it is every whit as plain, that the 
 Englifh have eftablifhed Prefbyccry in Scotland ; with this farther difllndion, 
 that what has been done in Scotland, is an ad: of the ftate only ; in England, 
 both church and flate have given their fanftion to the eftablifhrncnt of the Pref- 
 byterian church of Scotland, the Bifhops being the rcprefentatives of the 
 church of England in this cafe. At the fame time, I think the matter clear, 
 that with refpeft to Union, their eftablifhment is reciprocally fecure, and either 
 kingdoms cannot now put their hand to the weakening or injuring the efta- 
 blifliment of the other, without fctting, at the fame time, its hand to the de- 
 ftruftion of Its own conftltution, 
 
 ■ This aft for the fccurity of the church of England, kerns to be the exadt : 
 copy of the aifl for the fecurity of the church of Scotland, with the neceflary 
 alterations only of names, he. a teflimony indeed unexpected to the fufiiciency 
 of the Adt of Security for Scotland ; in that, the divines of the church of Eno-. 
 land being left to their full liberty to make their conftltution as fafe as it was 
 poffible to be, contented themfelves with the very fame model which the Scots 
 had paffed for themfelves, as the beft and completeft fecurity they could de- 
 vlfe, which they that cavilled fo much at the fecurity of the adt in Scotland 
 as infufilcient, might have received great fatisfadtlon from, if they had 
 thought fit. 
 
 The copy of this adl in England is added in the Appendix, N°- H. xx, 
 I need not count days, nor enter into the minutes of this affair In the 
 Englifh Parliament ; it may fufflce to tell the reader, that the whole adl pafled 
 both Houfes by the fourth of March, and the Queen paflfed It on the fixth. It 
 was defigned to have delayed the paffing It to the eighth, which was the day 
 of Her Majefty's coming to the crown, that fo the day might have been doubly 
 
 remem-
 
 486 MINUTJES OF THE PARLIAMENT OF SCOTLAND, 
 
 remembered, for the commencement of Her Majefty's reign over the three 
 khigdoms firft, and then over the united kingdom of Britain : but Her Ma- 
 jefty, not willing to delay a thing which the whole illand waited fo much for, 
 and had their eyes upon, v/ent to the Houfe of Lords on the fixth of March, 
 and having pafled the bill, made the following fpecch, v«'ith which I think I 
 may clofe this fliort period of the Union, I mean its palling in England. 
 
 There was fome oppofition made to the articles in the Houfe of Lords In 
 England ; and fome Lords protefted againft the feveral articles, and feme againft 
 all of them. But the Houfe of Lords in England having expreffly forbid the 
 printing any of the proceedings of their Houfe, I cannot enter upon the hif- 
 torical part of it ; I hope fomething like an abridgement of fome matters, &c. 
 may be found in the Appendix, N". O, xx. 
 
 I'he Queen's Speech to the EngHfli Parliament, at the pajjing the Union. 
 
 My Lords and Gentlemen, 
 1* It is with the greatcft fatisfadion that I have given my aflent to a bill, for 
 the uniting England and Scotland into one kingdom. 
 
 " I coniidcr this Union as a matter of the greatefl importance to the wealth, 
 ftrength, and fafety of the whole ifland ; and at the fame time, as a work 
 of fo much difEculty and nicety in its own nature, that, till now, all attempts 
 which have been made towards it, in the courfe of above an hundred years, 
 have proved inefFeftual : and therefore I make no doubt but it will be remem- 
 bered and fpoke of hereafter to the honour of thofe who have been Inftrumen- 
 tal in bringing it to fuch a happy conclufion. 
 
 " I defire and expedt from all my fubjeds of both nations, that from hence- 
 forth, they adt with all poffible refpecl and kindnefs to one another ; that 
 fo it may appear to all the world they have hearts difpofed to become one 
 people.- 
 
 " This will be a great pleafure to me, and will make us all quickly fcnfi- 
 blc of the good effects of this Union. 
 
 " And I cannot but look upon it as a particular happinefs, that, in my reign, 
 fo full a provifion is made for the peace and quiet of my people, and for the 
 fecurity of our religion, by fo firm an eftablilhment of the Protcftant fuc- 
 ccffion throughout Great Britain. 
 
 o 
 
 Gentlemen of the Uovji of Commons, 
 
 I have this bccafion to remind you, of making cfTcftual provifion for the 
 
 .-i^r-r of f'le ''equivalent to Scotland within the time appointed by this ad:; 
 
 1 and
 
 WITH OBSERVATIONS TMEREON. 487 
 
 and I am perfuaded you'll fhow as much rcadincfs \n this particular as yov> 
 have done in all the other parts of this great work. 
 
 My Lords end Gentlemen, 
 
 " The leafon of the year being now pretty far advanced, I hope you will con- 
 tinue the fame zeal which has appeared throughout this feffion, in dlf- 
 patching what yet remains uniiniflied of the public bufinefs before vou." 
 
 It took up fome time in England to ingrofs and inroU, and make copies of 
 this great tranfaftion, the original of which was to be lodged in the Tower of 
 London/ and an exemplification under the Great Seal of England, to be fent 
 down to Scotland, to be again read in Parliament there, and then laid up in 
 the regiflers and rolls of Parliament in ■perpeluam ret memoriam. 
 
 I muft now return to the minutes of the Parliament, where feveral things 
 fufequent to the treaty, but really abfolutely neceflary to its exiftence, was to 
 be finiilied, and which took them up the time between the fending up the ra- 
 tification, and receiving down the exemplification as above. 
 
 The Minutes of the Parliament of Scotland continued. 
 
 MINUTE LXI. 
 
 Monday, January 20, 1707. 
 Prayers faid. 
 
 Rolls called. 
 
 Upon reading of the minutes, it was moved to infert therein the petitory part 
 of the reprefentation and petition of the Commiffion of the General AlTemblv 
 of the church of Scotland, mentioned in the faid minute?. And after debate 
 thereon, the vote was Hated, " Infert the petitory part of the faid reprefenta- 
 tion and petition, yea or not. 
 
 And after farther debate, the Duke of Hamilton made a motion for a flate of 
 a vote, wherein the petitory part of the faid petition was repeated ; but that 
 ftate of the vote being reclaimed againft, as yielding the queflion, the Duke of 
 Hamilton protefted, " That he having made a motion, and being feconded, 
 " it was againft the rule of Parliament to refufe a vote, and to infert his mo- 
 " tion in the minutes. 
 
 Then the vote was put, " lafert tlie petitory part of the above rcprefcnta- 
 " tion and petition in the minutes, yea or not," and it carried, " Not. 
 
 There-
 
 488 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Thereafter It was moved, " That conform to the minutes of the fifteenth 
 ' of January inftant, the Parliaire.it proceed to coufidcr the manner of electing 
 ' the rcprefentatives for Scotland t3 the Parliament of Great Britain." Where- 
 upon a relblve was given in, and rt-ad in thcfe terms : " Refolved, that the 
 ' fixteen Peers, and fourty-five commiffioners for fliires and burrows, who arc 
 ' to be the members to the firfi Parliament of Great Britain, for and on the 
 ' part of Scotland, be chofen out of this prefent Parliament : and that the 
 ' members fo chofen, be the members of the firft Parliament of Great Britaiji, 
 ' if Her Majcfty fhall declare, on or before the fuit day of May next, that the 
 ' Lords and Commons of the prefent Parliament of England, be the members 
 ' of the firft Parliament of Great Britain, for and on the part of Eng,land." 
 
 And after reafoning thereon, the farther debate was adjourned till next Jede' 
 rant of Parliament. 
 
 Adjourned till to-morrow, at ten o'clock. 
 
 OBSERVATION LXI. 
 
 It was not very eafy to know the reafon why they defired the petitory part, 
 as they called it, of this paper to be inferred in the minutes ; fome were of 
 the opinion, it \'^ to fhow the nation, that the oppofers of the Union were 
 friends to the church, and that they would have it appear they flood up for 
 the church of Scotland; others thought it v/as with dcfign to expofc the 
 Prefbyterians to the church of England, as utter enemies to their conllltution j 
 nor could I ever hear any other rcafons given for it. However, the Duke, 
 after having with fome difficulty obtained a vote upon it, loft it ; and fo the 
 reprefentation and petition was lef-t-juft where they found it, viz. as a tcfti- 
 mony of the church agalnft fome things which were thought to clafli, both 
 with their conftitution and a Jittle with their principles ; and in this it was 
 thought It had its ufes, though it was not effectually anfwered In Parliament. 
 
 The affair of the eledting their members for the firft Parliament of Britain 
 came next upon the ftage ; and the ground of the motion mentioned in the 
 minutes, was founded upon a fuppofitlon mentioned in the twelfth article of 
 the treaty, viz. That Her Majefty on or before the firft day of May, on 
 which day the Union was to take place, fhould declare under the Great Seal 
 of England, that it is expedient that the Lords of Parliament of England, 
 . and Commons of the prefent Parliament of England, fhould be the members 
 of the refpedive Houfes of the firft Parliament of Great Britain, for and on 
 the part of Great Britain. Now it was thought very equal, that if the then 
 prefent fitting Parliament of England fhould be named for the firft Parlia- 
 ment of Great Britain, in conjunction with the feveral members that fhould 
 be named from Scotland, that the members of both Houfes which were to 
 
 2 reprefent
 
 WITH OBSERVATIONS THEREON. 4By 
 
 reprcfent Scotland, fliould be likcwilc named out of the current or then pre- 
 fcnt fitting Parliament of Scotland. 
 
 It was pretty eafy to conjctlure, that Her Majcfty would appoint thefc 
 members of the Englifli Parliament, to conftitute the firfl; Britifh Parliament, 
 as it after happened, and therefore this was moved now, in order to feule it 
 in the adt of parliament now to be made, in which it was abfolutely ncceflliry 
 to be determined, this matter being to be figned, and pafTcd into a law, be- 
 fore the Union was to take place. What vigorous oppofition it met with, will 
 be feen in the next obfervation. 
 
 MINUTE LXII. 
 
 ^uefday, January 21, 1707. 
 Prayers faid. 
 Rolls called. 
 
 The Earl of Stair fwore the Oath of Alledgeance, fubfcribed the fame with 
 the Affurance, and took the Oath of Parliament. 
 
 Then the refolve inlert in the former days minutes, ancnt choofing the repre- 
 fcntatives for Scotland to the firfl: Parliament of Great Britain, was again read. 
 
 And after reafoning thereon, an overture was given in for eflablifhing a cer- 
 tain way for elcdling the reprefentatives 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 adl for choofing the fixty-one 
 members to reprefent Scotland in the Parliament of Great Britain : as alfo, a 
 refolve was given in and read, " That previous to all other bufinefs, the Par- 
 *' liament proceed to determine the manner of eleftlng the reprefentatives for 
 *' Scotland to the Parliament of Great Britain, and to determine the number 
 ** and quota of barons and borrows." 
 
 And after the debate, the vote was flated, " Approve the refolve infcrt in the 
 *' former days minutes, yea or not." 
 
 But before voting, the Duke of Hamilton gave in a proteftation in thefe 
 terms : " I James Duke of Hamilton do hereby proteft for myfelf, and in the 
 " name of ail thofe who flaall adhere to this my protefl;atIon, againft the elcft- 
 ** ing by this prefcnt Parliament the fixteen peers and fourty-five barons and bo. 
 " roughs, who are to reprefent Scotland in the firfl; Parliament of Great Britain, 
 *' as inconfiftentwith the whole tenor of the twenty fecond article of the treaty 
 " of Union, and contrair to the exprefs words thereof, whereby it is provided, 
 " that after the time and place of the meeting of the fald Parliament is ap- 
 pointed by Her Majcfl;Ies proclamation, which time fliall not be lels than 
 fifty days after the proclamation, a write fhall be immediately iffucd under 
 the great feal of Great Britain, direfted to the Privy Council of Scotland, for 
 fummoning the fixteen peers, and for eledllng fourty-five members, by whom 
 
 2 R " Scotland 
 
 i( 
 
 C(
 
 490 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " Scotland is to be reprefented in the Parliament of Great Britain ; and farther, 
 ** as utterly fubverfive of the right of eledtion competent to the barons and 
 " burrows of this kingdom, and dcfires this my proteftation may be infert in- 
 ** the minutes and records of Parliament, and thereupon takes inflruments." 
 
 And Mr. William Cochran, of Kilmaronock, gave in a proteftation in thefe 
 terms : *' I Mr. William Cochran, of Kilmaronock, do proteft in my own 
 " name, and in name of all thofe that llaall adhere to this my proteftation, that 
 " the eleifting of members to reprefcnt this part of the united kingdom in the 
 '* Parliament of Great Britain, out of thisprefent Parliament, by the members 
 " of this Houfe, is contrary to, and inconfiftent with the birth-rights and pri- 
 *' vileges of the barons and burrows of Scotland ; that it is contrary to the 
 " principles of common law, and divers adts of Parliament, and direftly op- 
 " pofite and contradiftory to the exprefs words and meaning of two feveral para-- 
 " graphs of the twenty two article of the treaty of Union betwixt Scotland and: 
 ** England, fo lately ratified in this Houfe j and. I dcfire this my proteftation-. 
 " may. be infert in the minutes, and recorded in the books of Parliament, upon 
 *' which I take inftruments." 
 
 And after reading of the above proteffations, each ef the faid proteftcrs took 
 inftruments upon their refpedtlve proteftations, and adhered to the proteftation 
 given in by the other ; and it was agreed that the members votes be marked, and 
 that the lift of their names, as they vote, be printed and recorded, and that at 
 calling the rolls, the adherers to the above protefts be alfo marked. 
 
 Then the vote was put, " Approve the refolve infert in the former days ml- 
 " nutes, or not," and it carried, " Approve." And the Earl of Errol, the 
 Earl Marifchal, the Earl of Buchan, the Earl of Eglingtoun, and the Earl of 
 Galloway ; the Vifcount of Kilfyth ; the Lord Semple, the Lord Balmerino,. 
 the Lord Blantyre, the Lord Bargany, the Lord Beilhavcn, and the Lord 
 Colvil ; Sir John Lauder, of Fountainhal ; Alexander Fletcher,, of Saltoun ;, 
 Sir Robert Sinclair, of Longformacus ; John Brifbane, younger, of Bifhoptoun ; 
 Sir Humphry Colquhoun, of Lufs ; John Grahame, of Killearn ; Robert Rollo, 
 of Powhoufe ; Thomas Sharp, of Houfton ; Sir Thomas Burnet, , of Leys ; 
 Sir David Ramfay, of Balmain ; John Forbes, of Colloden ; Mr. Thomas 
 Hope, of Rankcilor ; David Grahame, younger, of Fintry ; Alexander Mackye, 
 of Palgown ; James Sinclair, of Stcmpfter ; Mr. James Dumbar, younger, of 
 Hemprlgs ; Sir Henry Innes, younger, of that ilk ; Mr. George Mackenzie, 
 of Inchcoulter ; Alexander Edgar, James Scot, Francis Mollifon, Robert Scot, 
 John Hutchefon, Archibald Shiels, Mr. John Lyon, George Brodic, and Mr. 
 John Carruthcrs, adhered to both the above two proteftations. 
 
 Thereafter, an overture given in, and read, for appointing the manner of 
 clefting the peers of Scotland to the Parliament of Great Britain, to be by di- 
 viding
 
 WITH OBSERVATIONS THEREON. .^91 
 
 vlding the peerage into four fcveral clafles, out of which they are to bcchofen, 
 with fome regard to the feveral ranks of peers, in manner mentioned in the fuid 
 overture. 
 
 And after reafoning thereon, the farther debate was adjourned till next fede- 
 runt of Parliament. 
 
 Adjourned till to-morrow, at ten o'clock. 
 
 OBSERVATION LXII. 
 
 The rcafon of the Earl of Stair's taking the oaths now, and his place in 
 Parliament, was very unhappy at this timej his father, the EarJ of Stair, 
 juftly reputed the greatefl man of counfel in the kingdom of Scotland, died 
 fuddenly the eighth of this month ; he had been an eminent inftrument in 
 carrying on the Union, and had, the very day of his death, fpoken very ear- 
 neftly in the Houfe, upon fome particular cafes relating to the Union, he 
 went out of the Houfe not very well, yet went home, and wrote feverallet- 
 • ,tets .that very night to England, and in the morning died in his bed, without 
 being able to fpeak fo much as to his lady, who was with him, to the ge- 
 neral grief of the whole ifland, being univerfally lamented. 
 
 The dehate was now renewed about chufing the rcprefentatives for the 
 firft Parliament, the principal objed:ion was againfl choofing them out of the 
 current Parliament ; as to the allegations of its being againfl law and con- 
 ftitution, and againfl the twenty-fecond article of the treaty jufl then ratified, 
 they all centered in this, that it was to be pafTed and approved by Parliament ; 
 and that Parliament having yet the whole legiflature in their hands, had 
 power to repeal any law, or flatute then in being, and confequently did fo 
 far repeal any claufe in any aft of Parliament formerly made; as to its being 
 againfl the treaty now ratified, that was redlified thus. That whereas the adt 
 of ratification of the treaty of Union in the Parliament of Scotland, in v/hich 
 feveral adls fince made and to be made in the Parliament of Scotland, were 
 yet to be infcrted, lay now before the Parliament of England ; \vhatevcr me- 
 ■ thod tlie Parliament of Scotland thought fit to take, for the nomination of 
 .thcmembers of Parliament, for the firfl Parliament of Great Britain, iliould, 
 and muft of courfc alfo be inferred, and fo be and become an efTential part 
 or branch of the Union ; and this vote having pafTed as per the minute, is 
 inferred in the faid a£l for fettling the eled:ion of the members, and again 
 recited in the aft of Union, as per the exemplification, apjiears in thefc words: 
 *' in that cafe only, doth hereby ftatute and ordain. That the fixteen peers 
 " and fourty-five commiflioners for fhires and burghs, who fhall be chofen 
 *' by the peers, barons, and burghs refpeftively in this prefent fefTion oF Par- 
 ** liament, and out of the members thereof, in the fame manner as committees 
 
 3R2 "of
 
 492 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 " of Parliament are ufually now chofcn, fliall be the members of the refpeftive 
 " Houfes of the faidfirll: Parliament of Great Britaui, for and on the part of 
 " Scotland ; which nomination and eleftion being certifyed by a write under 
 *' the Lord Clerk Rcgifter's hand, the perfons fo nominated and eledted Ihall 
 *' have right to fit and vote in the Houfc of Lords, and in the Houfe of 
 " Commons of the faid firft Parliament of Great Britain ; as by the faid aft 
 " pafled in Scotland, for fettling the manner of eledting the fixtecn peers 
 *' and fourty-five members to reprefent Scotland in the Parliament of Great 
 *' Britain may appear : Be it therefore farther enafted and declared by the 
 " authority aforefaid, that the faid laft mentioned aft palTed in Scotland, for 
 " fettling the manner of elcfting the fixteen peers and fourty-five members to 
 " reprefent Scotland in the Parliament of Great Britain, as aforefaid, fhall 
 *' be, and the fame is hereby declared to be, as valid, as if the fame had 
 *' been part of, and ingrofled in the faid articles of Union, ratified and ap- 
 ** proved by the faid aft of Parliament of Scotland, and by this aft as afore- 
 •' faid, and carried it for the new model." The two proteftations againft it 
 made a great noife, and were printed and carried all over the kingdom, bc- 
 Cdes their being printed in the minutes of Parliament. Some faid, the chief 
 reafon why they infilled on this fo much was, that the party who oppofed 
 the Union forefaw, that, as they had been outvoted and overpowered, as 
 they called it, in every quefl;ion relating to the Union, fo they would be in 
 this ; and that, by confequence, few or none of them would be named to 
 the firfl: Britifii Parliament, which was really true in the confequence. 
 
 The feveral overtures relating to the form of future eleftions will be 
 fpoken to in their places. 
 
 MINUTE LXin. 
 
 JFedneJday, Januar-y zi, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Thereafter the three feveral overtures and refolvc mentioned in the former 
 days minutes, relating to the way of elefting the reprefentatives for Scotland, 
 to the Parliament of Great Britain, was again read. 
 
 And after reafoning thereon, the vote was put, " Whether the fixteen peers, 
 " who are to be reprefentatives for Scotland in the faid Parliament, fhall be 
 " fent by rotation, or by elcftion," and it carried, " Byclcftion." 
 
 Then it was moved. That it be confidercd what way the eleftion fliall be, 
 whether by balloting, or by an open eleftion, and after debate thereon, the 
 vote was pur, *' Whether it ftiail be by open ele^ion, or by balloting," and it 
 carried, <♦ By open eleftion." 
 
 3 Thereafter
 
 WITH OBSERVATIONS THI'REON, 49; 
 
 Thereafter moved to proceed to confulcr what proportions the barons and 
 boroughs Ihall have of the fourty-five members, who are to fit in the Houfe of 
 Commons of Great Britain, and after reafoning thereon, the farther debate was 
 adjourned till ncxtjederitnt of Parliament. 
 
 The Committee appointed to meet to-morrow at nine o'clock. 
 
 Adjourned till Friday next at ten o'clock. 
 
 MINUTE LXIV. 
 
 Friday y January iJ^, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the debate mentioned in the former days minutes was refumed, anent 
 what proportions the barons and borrows fhall have of the fourty-five mem- 
 bers, that are to fit in the Houfc of Commons of Great Britain. 
 
 And thereupon a claufe was offered to be infert in the adV, regulating the 
 manner of eledting the reprefentatives for Scotland, in thefe terms, " And Her 
 " Majefty, with advice and confent forefaid, ftatutes and ordains. That thirty 
 *' fhall be the number of the barons, and fifteen the number of the boroughs 
 " to reprefent this part of the united kingdom in the Houfe of Commons 
 ** of Great Britain ; and that no peer, nor the eldeft fon of any peer, can be 
 *' chofen to reprefent either fhire or burgh of this part of the united king- 
 *' dom in the faid Houfe of Commons." 
 
 And after debate upon the firfl part of the faid claufe, the vote was ftated^, 
 ** If the number fliall be thirty for the barons, and fifteen for the boroughs, 
 ** Yea or not." 
 
 But before voting, the Earl of Cromerty gave in a proteftation, in the terms 
 following, viz. " I George Earl of Cromerty do protcft, that nothing that fhall 
 ** be enadted, as to the fhire of Cromerty their being adjoyned to any other 
 " fhire, as to the method or manner of elefting of Commiilioncrs to the Par- 
 ** liament of Great Britain, fhall infer any derogation to the privileges of that 
 *' fhire, or to my right as herctable fheriff thereof," and took inflruments 
 thereupon. 
 
 Thereafter the vote was put, " If the number fhall be thirty for the barons^ 
 ** and fifteen for the boroughs, yea, or not j" and it carried, " Yea." 
 Adjourned till Monday next at ten o'clock, 
 
 MINUTE
 
 494 MINUTES OF THE PARLIAMENT OF SCOTLANI>, 
 
 MINUTE LXV. 
 
 Monday, January if, 1 707. 
 
 Prayers faiJ. 
 
 Rolls called. 
 
 Then the fecond part of the overture mentioned in the former days minutes 
 was again read in thefe terms, " And that no peer, nor the cldeit ion of any 
 " peer, can be chofen to reprefent either fliire or burgh of this part of the 
 " united kingdom in the faid Houfe of Commons." 
 
 And after debate thereon, another claufe was offered in thefe terms, *' De>. 
 " daring always, That none Ihall ele<ft, nor be elefted, to reprefent a ihirc 
 *' or burgh in the Parliament of Great Britain from this part of the united 
 " kingdom, except fuch as are now capable by the laws of this kingdom to 
 " eled:, or be eledted, as Commiflioners for fhirc or burgh to the faid Par- 
 'f liament." 
 
 And after farther reafoning thereon, the vote was flated, " Approve of th« 
 *' firfl claufe, or of the fecond." 
 
 But before voting, it was agreed. That the votes be marked, and that a lift 
 of the members names, as they vote, be printed and recorded, and the Lprd 
 Chancellor was allowed to have his name printed and recorded amongft thofe 
 who voted for the fecond claufe. 
 
 Then the vote was put, " Approve of the firft claufe, or fecond ;" and it 
 carried, " Second." 
 
 Thereafter moved, " That the Parliament proceed to confider in what-man- 
 *' ner the feveral (hires of this kingdom fhall choofe the thirty members ap- 
 *' pointed to reprefent them in the Houfe of Commons of Great Britain ; as 
 " alfo, in what manner the feveral boroughs fliall chufe the fifteen members, 
 " appointed to reprefent them in the faid Houfe of Commons." 
 
 And after fome difcourfe thereon, the farther confideration thereof was 4e- 
 layed till ntxt federunt of Parliament. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSER
 
 WITH OBSERVATIONS THEREON. 495 
 
 OBSERVATIONS LXIII. LXIV. and LXV. 
 
 I put thcfe three minutes together, becaufc they are all on the fame fub- 
 jcdt, viz. The elcdting the reprefentativcs to the Parliament of Great Bri- 
 tain, which was now to be formed into an aft by itfclf. 
 
 There had been feveral fchemes of eled:ions laid down for the Peers, and 
 three overtures had been piefented to the Houfe ; fome were for naming the 
 feveral families, and fixing the reprefentative to be chofcn out of them ex- 
 clufively, and thcfe were thofe who pretended to make diftinftions between 
 the ancient and modern nobility ; they thought it was reafonable, fince the 
 numbers of noblemen lately made, and efpecially in the laft thirty or forty 
 years, were but burdenfome, as they alledged, to the nation, that thofe fa- 
 milies newly made noble Ihould relinquifh this affair to the ancient nobility, 
 as what was inherent in them, but a new acceffion to thefe ; and that, fince 
 Scotland was to retrench her nobility, as to fitting in Parliament, it was 
 ,but juft they fliould be preferred, who had the molt ancient title. 
 
 Others were for dividing the nobility into four clafles, and taking every 
 year a proportioned number out of each clafs. 
 
 "Others were for taking by rotation, and fo, beginning at the extremes, 
 take the families as they rife, either beginning at the eldeft or youngeft 
 Peers. 
 
 But all thefe methods were rejefted, and that of election carried it. Wh£- 
 ther it were, that each party thought themfelves able to carry it from the 
 other, or that they thought it their advantage, that they fhould carry it 
 who could make the beft intereft, I know not; but I cannot fay they took 
 the beft way for the preferving the public tranquillity, fince the faftions and 
 party-makings for the inteteft of eledtions, which muft neceffarily be the 
 confequence of this method, cannot but keep up a conftant feud of parties 
 and families in the nation, which muft neceflarily be renewed every three 
 years, the Parliament being to be new chofen fo often ; during which time, 
 the parties will be at work to cultivate, increafe, and fortify their feveral 
 interefts, which, it is to be doubted, will go a great way to entailing a fpirit 
 of divifion and party-ftrife upon the whole nation. I wifti I may be found to 
 have made a wrong conjediure ; but I fhall have occafion to fpeak to this 
 again in the procefs of this ftory, and to obferve, how too much of this was 
 made good in the very firft eleftion, I mean, for the fecond Britifti Parlia- 
 ment. Of which hereafter. 
 
 After the fettling of the affair of the Peers, It was to be determined how 
 the forty-five members for the Houfe of Commons Ihould be proportioned, 
 
 2 9tid
 
 496 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 and this was prepared for them beforehand, and given in in a fchcme or 
 overture, v^'hich occafioned feme dilpute ; the number of the fliires and 
 counties, and ftewartrics that formerly elcfted, were ihefe 
 
 were now to be reduced by joining two or three together, where they were 
 fmall and remote, to thirty members, each county chufing none but one, 
 and each head of counties, where any were joined together, chufing but 
 one ; the burghs, or royal boroughs, were in number ; thefe 
 
 were formed into claffes or dilbidls, and were for each diftridl to chufe one 
 member ; and becaufe the meeting together of the votes in the faid burghs 
 might be both chargeable and inconvenient, a medium was found out, each 
 burgh was to chufe a commiffioner, in the fame mann er as ufual, which 
 commilTioner was to meet with the commiffioners of the other burghs of that 
 dirtriifl, and thefe were to chufe the member. 
 
 The refpeftive perfons concerned made fome oppofition about the joining 
 of (hires, but this had been a thing well concerted, and therefore admitted 
 the lefs difpute in the Houfe ; the perfons alfo who had made the calcula- 
 tions being prepared to defend the equalities of it ; it remained 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 difpute, as per the minute. 
 
 The motion againft the eldeft fons of Peers had not a little to be faid for 
 ■ it, particularly that when the influence of the nobility in Scotland comes to 
 be confidered, with the fmall number of members to be chofen, it might in 
 time to come rife to what was hinted before, in the proje<fl of reducing the 
 Lords that did not fit in the Houfe of Peers, to a level with the Commons, 
 and make them capable of fitting in the Houfe of Commons, that then it 
 might come to pafs, that Scotland fliould be reprefented only by her nobi- 
 lity, and that there fhould be Scots Lords in the Parliament of Britain; fo 
 here in time it might happen, that the nobility in the Houfe of Peers, and 
 their eldeft fons in the Houfe of Commons, might make up the whole re- 
 prelcntative of Scotland. 
 
 There were a great many arguments brought againft this propofal, but 
 thefe feemed the moft prevailing, viz. 
 
 1. That it had been always allowed in Scotland before, viz. That the el- 
 deft fons of Peers might be ele<5tcd. 
 
 2, That in England the eldeft fons of Peers do fit in the Houfe of Com- 
 mons, and it would break in upon the rule of equalities to alter it, and put 
 the Scots gentlemen in a worfe condition than the Englifli. 
 
 After fome time a vote was offered that put it to an end, viz. To let the 
 right of being elected remain juft as it was, without any alteration at all, that 
 
 he
 
 WITH OBSERVATIONS THEREON. 407 
 
 he that had a right or capacity to vote, or to be chofcn before, Ihould have 
 foflill; and this ended the debate. 
 
 The manner of elcding the Commons came next to be confidercd. 
 
 MINUTE LXVI. 
 Tuejday, January 28, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the Parliament proceeded to confider in what manner the fcveral fhircs 
 of this kingdom fhall choofe the thirty members appointed to reprefcnt them 
 in the Houfe of Commons of Great Britain ; as alfo in what manner the feveral 
 burrows (hall choofe the fifteen members to ireprefent them in the faid Houfe of 
 Commons. 
 
 And after reafoning thereon, a draught of an aft was offered, fettling the man- 
 ner of elcfting and fummoning the fixteen Peers and fourty-five Commoners, to 
 reprefent Scotland in the Parliament of Great Britain. 
 
 Which being read, it was moved to proceed to confider that claufe of the 
 draught of the ad: appointing the fhires of Bute and Calthnefs to have only one 
 reprefentative, the fhires of Nairn and Cromerty to have only one reprefenta- 
 tive, and the fhires of Clackmannan and Kinrofs to have only one reprefenta- 
 tive, to be chofen alternatively ; and the hail other lliires and ftewartries of this 
 kingdom, now reprefentcd in this prefent Parliament, each to have one repre- 
 fentative in the Parliament of Great Britain. 
 
 And it was alfo n^oved to remit the fame to a Committee ; and after reafoning 
 on thefe motions, the vote was ftated, " Approve of the above claufe of the 
 *' adt, or commit." 
 
 But before voting, a proteflation was given in, in thefe terms : " I James Sin- 
 " clair, of Stempfler, one of the commiflioners for the fhirc of Caitlinefs, do 
 " proteil for myfelf, and the other barons and freeholders of the faidfhire, that 
 *' the vote now to be put for approving the conjundion of the faid fliire of 
 " Caithnefs with Bute, or any other of the lefler (hires, is againll: our right of 
 " being always feparately reprefentcd in Parliament, and that becaufe the rule 
 " of reducing fliires is by their valuation, and fix only to be reduced, the (hire 
 " of Caithnefs ought to enjoy its reprefentation as other greater (hires, and the 
 " (hire of Sutherland, being lefs in valuation than Caithnefs, ought to be con- 
 *' joyned with the other lefler five fliires;" which being read, he took inftru- 
 ments thereuf)on, and Mr. James Dumbar, younger, of Hemprigs, the other 
 commiflioncr for the faid (hire of Caithnefs, adhered thereto. 
 
 3 S Then
 
 498 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Then the vote was put, " Approve of that claufe of the aft fettling the manner 
 *' of electing reprefentatives for fliircs,or commit ;" and it carried, " Approve." 
 
 Thereafter it was moved to proceed to confider in vi'hat manner the burghs 
 fhall choofe their reprefentatives. 
 
 And after debate thereon, the farther confideration thereof was delayed till 
 mxt/cderunt of Parliament. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 MINUTE LXVIL 
 
 Wedtiefdayy January 29, 1707. 
 Prayers faid. 
 Rolls called. 
 Then the Parliament proceeded to the confideration of the manner in whick 
 
 the burrows fhall eled: their reprefentatives to the Houfe of Commons of Great 
 
 Britain. 
 
 Whereupon feveral fchemes being given in and read in relation to the manner. 
 
 of the faid election. 
 After reafoning thereon, and upon the number of the dillridVs that fhall be 
 
 appointed for making of the faid eleftions, and upon a motion that the burgh 
 
 of Edinburgh by itfelf Ihall have always one reprefentative ; 
 
 The vote was flated, " Whether the burghs fhall be divided into three 
 
 *' diftrids, or fifteen," (referving intire the motion as to the town of Edinburgh 
 
 its having one reprefentative by itfelf) and it carried, " Fifteen." 
 
 Then the vote was put, " If the burgh of Edinburgh by it felf Ihall have 
 
 *' one reprefentative or not," and it carried, " One." 
 
 Thereafter a fcheme, dividing the burghs into fifteen diflridls, each of which 
 
 diftridts is to have one reprefentative, was given in and read, and is as follows : 
 
 ** The burghs of Kirkwal, Week, Dornock, Dingwal, and Tayn, one; For- 
 trofe, Invernefs, Nairn, and Forrefs, one ; Elglne, Cullen, Bamff, Inverury, 
 and Kintore, one; Aberdeen, Btrvie, Montrofc, Aberbrothock, and Brechin,, 
 one; Forfar, Perth, Dundee, Couper, and St. Andrews, one; Crail, Kilrcn- 
 ny, Anftruther Eafter, Anftruther Wefler, and Pittenween, one; Dyfart, 
 Kirkaldie, Kinghorn, and Burnt-ifland, one; Innerkeithing, Dumfermling, 
 Queensfcrry, Culrofs, and Stirling, one; Glafgow, Renfrew, Ruiherglen, and 
 Dumbartoun, one; Edinburgh, one; Haddingtoun, Northbcrwick, Dum- 
 bar, Lawder, and Jedburgh, one; Selkirk, Peebles, Linlithgow, and Lanerk, 
 one; Dumfries, Sanquhar, Annan, Lochmeban, and Kirkcudbright, one; 
 Wigtoun, Newgalloway, Stranrawer, and Whitehorn, one ; and Air, Irving, 
 Rothfay, CampbcUtoun, and Inverary, one." 
 
 a And
 
 WITH OBSERVATIONS THEREON. 499 
 
 And after debate thereupon, " Whether it fhould be approven, or remitted 
 *' to the Committee," 
 
 The vote was put, " Approve the fchcme or commit," and it carried, 
 " Approve." 
 
 Then it was moved, that the Commiffioners for the treaty of Union have their 
 expenfes allowed to them; and a debate having arifen thereupon, the farther 
 conlideration thereof delayed till ntxt federunt of Parliament. 
 
 Adjourned till Friday next at ten o'clock. 
 
 OBSERVATIONS LXVI. and LXVII. 
 
 Thefe minutes are fo expreffivc of the fubjed: debated about, that there 
 needs no explanation to be given; they were only matters of form dividing 
 the burghs into diftrifts for eledlion, and uniting the fmallcr remote counties 
 to reduce the number ; and all being ftated beforehand, as I noted in the laft, 
 nothing material happened. 
 
 MINUTE LXVIII. 
 
 Friday, January 31, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the Parliament proceeded to confider the motion for allowing the 
 Commiffioners for the treaty of Union their expenfes; and thereupon a rcfolvc 
 was given in thefe terms : " That the charge of the Commiffioners fent to the 
 *' treaty of Union on the part of the kingdom of Scotland, who met at Lon- 
 ** don in purfuance of Her Majefties nomination by authority of Parliament, 
 " and of the allowance to the fecretary of the faid commiffion, and to the ac- 
 *' comptants appointed by the fiiid commiffion, are publick debts ; and that 
 *' there be allowed to each nobleman, who attended the faid treaty at London, 
 *' the fum of twelve thoufand pounds Scots ; and to each other of the com- 
 *' miffioners attending, the fum ojf fix thoufand pounds Scots; and to the fe- 
 " cretary of the faid commiffion, the fum of four thoufand eight hundred 
 *' pounds Scots; and to each of the three accomptants named by \\it faid com- 
 ** miffio'n,the fum of two thoufand four hundred pounds Scots; und thit the 
 '**' faid refpeftive fums be payed out of the fum of three hundred ninety-eighi 
 *< thoufand eighty-five pounds ten ffiilllngs fterling, mentioned in the fifteenth 
 ** article of the faid treaty of Union, ratified in this Parliament; and that the 
 ** faid fums be ranked and preferred after the fums payable to the proprietors 
 •• of the African and Indian Company of Scotland pari pajfu with the firft of 
 •* the publick debts appointed to be payable out of the forefaid fum of three 
 ** hundred ninety-eight thoufand and eighty-five poiinds ten fhillings flcrling 
 
 ** money." 
 
 382 Which
 
 500 MINUTES OF THE PARLIA^^NT OF SCOTLAND, 
 
 Which being read, upon reafoning thereon, amotion being made for reftri<ft- 
 ing the quotas of the treaters expenfes ; and fome objetftions being alfo made 
 againft allowing the faid expenfes out of the above fund, the vote was ftated, 
 " Approve of the refolve, or alter." 
 
 And before voting it was agreed, that the votes be marked, and that a lilt of 
 the members names as they vote be printed and recorded. 
 
 Then the vote was put, " Approve of the refolve, or alter;" and it carried, 
 *' Approve." 
 
 It was alfo agreed, that the Earl of Hay (defigncd in the commiflion for the 
 treaty Lord Archibald Campbell) be allowed his expenfes as a nobleman. 
 
 Thereafter it was moved, That the Commiffioners for the Treaty 1702 have 
 allowance of their expenfes in manner following, viz. Each nobleman five hun- 
 dred pounds flerling, each baron three hundred pounds llcrling, and each bur- 
 row two hundred pounds flerling. 
 
 And after debate thereupon, the vote was put, " Grant allowance to the Com- 
 ** miflioners for the Treaty 1702, of their expenfes in the above manner, yea or 
 ** not," and it carried, " Yea ;" and the faid expcnfe was declared to be a pub-r 
 lick debt, and it was remitted to the Committee for ftating of publick debts, to 
 Hate and rar>k the fame as a publick debt. 
 
 Thereafter it was moved. That no reprefentative from either fliire or burgh 
 from this kingdom to the Parliament of Great Britain fhall have any allowance 
 for their charges and expenfes in attending the fame. 
 
 And after debate, it being moved to delay the confideration thereof till next 
 federunt of Parliament, 
 
 The vote was put, " Proceed or delay," and it carried, " Delay." 
 
 The Committee appointed to meet to-morrow at nine o'clock. 
 
 Adjourned till Monday next at ten o'clock. 
 
 OBSERVATION LXVIIL 
 
 This propofal was ill received indeed, and a horrid clamour raifed at it with- 
 out doors : the people who had been hot againft the Union took hold of it 
 with an uobridled raillery, reproaching the treaters in a moll indecent manner, 
 exclaiming at the very thing itfelf. Now the nation might fee they faid what 
 they ha^ been doing at London, and what they had been purfuing ever lince 
 that they had fold their country for a fum of money, and they were beginning 
 to Ihare 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 Commif- 
 fioners and the old; and that this was taking the money away to their private 
 »ifc8, which they had pretended was to be employed in encouraging the ma- 
 
 nufaftures
 
 WITH OBSERVATIONS THEREON. 501 
 
 nufadliires and employing the poor, railing ftocks for the woollen trade, and 
 funds for the fifhing ; that thefe were the fpccious pretences, when the nation 
 was brought in to accept of the equivalent ; but that now it was done and 
 over, they were dividing the fpoil. It would be cndlefs to fet down the ill na- 
 ture of the day as foon as this propofal was talked of without doors, and yet 
 there was really no reafon, the gentlemen who went to England upon that 
 occafion, who fet all their private affairs alide to fervc their country, and at- 
 tended in England fcveral months at expence enough, fliould do all this at 
 their own charges, when, at the fame time, every other article had its fupply 
 out of the general fund; and therefore, notwithftanding the clamours of the 
 people, and feveral attempts within doors, firll; to reject it wholly, then to re- 
 fufe the payment of it out of the equivalent, which was indeed refufing it 
 wholly, fince there was no other fund to pay it : and laftly, to reflridt the 
 quantity; yet at laft it pafied, as it had been at firlt propofed. 
 
 The allowance to the old treaters, they alledged, was a trick to draw in the 
 allowance for the nev/, becaufe, being to be voted together, it was certain the 
 old would vote for the new, that they might be fure the new would in return 
 vote for the old : but there was ceitainly the fame reafon that one fliould be 
 allowed their expence as the other ; fince, though they could not then bring it 
 to a conclufion, yet their pains and expences might not be the lefs, but rather 
 the more for that : and thus they were both voted to be allowed their charges, 
 as per the minute. 
 
 MINUTE XLIX. 
 
 Monday, February 3, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Thereafter the firft federunt of Parliament (after paffing the adt, fettling the 
 manner of elcfting and fummoning the reprefentatives for Scotland to the Par- 
 liament of Great Britain) was appointed for private bufinefs. 
 
 Then the motion made the former /ederunt, anent ** allowing no charges or 
 " expences to the reprefentatives from the fhires and burghs of this kingdom 
 " to the Parliament of Great Britain," refumed. 
 
 And after debate thereon, the vote was pur, "Whether there Ihall be aclaufe 
 ** in relation ta the charges and expences of the reprefentatives for Ihires aryd 
 *' burghs infert in the adt fettling the manner of eleding, &C. yea or no," and 
 it carried, " No." 
 
 I Thereafter
 
 „<oi MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Thereafter it was moved, that at all meetings of the Peers for elefting of 
 their reprefentatives, fuch Peers as are abfent be allowed to have votes in the 
 faid eled:ion by proxies, the faid proxies being Peers, and they and their confti- 
 tuents being qualified at the time, by taking the oaths required by law ; and that 
 the faid abfent Peers may either vote by their proxies, or by fending up lifts fub- 
 fcribed by them. 
 
 And after reafoning 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 faid eleclions fhall be at any 
 place Her Majefty fhall appoint within the limits of Scotland. 
 
 Agreed alio, that in cafe of the deceafe, or legal incapacity of any of the four- 
 ty-five Commoners, to be chofen out of this feflion of Parliament to the Par- 
 liament of Great Britain, the fhire, ftewartry, or diftridl of burrows, for which 
 he is a member, fhall choofe another in his place. 
 
 Agreed likewife, that in cafe of the deceafe, or legal incapacity of any of the 
 fixteen Peers, the Peers fliall meet and eled: another in place of the deceafer. 
 
 Moved, that fuch Peers of Scotland, who are likeways Peers of England, or 
 who, after the Union, fliall be created Peers of Great Britain, have no vote in the 
 election of the fixteen Peers from Scotland to the Parliament of Great Britain. 
 
 And after debate thereon, it was put to the vote, " Whether any claufe in 
 *' relation to the faid motion fhall be infert in the above aft, fettling the manner 
 *' of eleftion, &c. yea or not," and it carried, " Not." 
 
 Thereafter it was agreed, that when the votes of the Commiflioners for bur- 
 rows, who fhall meet for elcfting their reprefentatives are equal, the prefident 
 of the meeting fhall have a calling or decifive vote, "befide his vote as a com- 
 miffioner reprefenting the burgh from whom he is fcnt; and that the Commif- 
 fioner for the eldeft burgh fliall prefide at the firft meeting, and the Com- 
 miffioner for the other burghs by turns, as the burghs are now called in the rolls 
 of Parliament. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATION LXIX. 
 
 The charges being allowed to the treaters, it was thought theHoufe would 
 go on and allow this alfo, but it was prefcntly rejcfted. Some faid it was 
 offered by way of jcft, as a reproach to the gentlemen that took money for the 
 fcrvice of their country. 
 
 But the propofal was made another way, viz. *' That no reprcfentative 
 *' from cither fliire or burgh, from this kingdom to the Parliament of Great 
 " Britain, fliall have any allowance for their charges or expenccs," &c. It 
 
 was
 
 WITH OBSERVATIONS THEREON. 503 
 
 was allcdgcd, that the Englifh took no fuch allowance, and that it would be 
 a reproach to Scotland, if the Scots gentry Should take their charges from the 
 country, and the Englifh did not. 
 
 To this it was anfwered, that though the Englifh gentlemen generally re- 
 fufed the allowance of the counties for their attendance, yet that, by law^ 
 there was fuch an allowance due to them from the countries, and they might 
 not only juftify accepting it, but might legally demand it ; and therefore it 
 ought in like manner to be left at liberty in Scotland, when doubtlefs the Scots 
 reprefentativcs, in proportion to their capacities, would be found as frank and 
 generous in fparing the country as the Englifh. 
 
 And it was remarkable, that in fubfequent eleftions in Scotland for the 
 counties, it was very often agreed jointly by the feveral candidates for elec- 
 tion, that whofoever carried it, ftiould relinquilh any pretence to an allowance 
 from the county for their fervice in Parliament. 
 
 The affixir of proxies in eleftion of Peers is exprefled at large in the minute, 
 and needs no remark; nor was there any long debate upon it in the Houfe. 
 The other heads alfo being matter of form only were readily agreed to. 
 There was indeed fome ftruggje about excluding thefc noblemen of Scot- 
 land, who were noblemen in England, or lliould be Peers of Britain, from 
 voting, but they could not carry it : and yet it is to be obferved, that at the 
 firft eledtion of the fixteen Peers by virtue of this aft, fome of the Peers of 
 Scotland protefted againft the votes of thofe that had Englilh or Britiih 
 titles ; a debate that is not yet (viz. at the writing thefe Iheets) determined, 
 though this vote feems to.conclude.it direftly. 
 
 MINUTE LXX. 
 
 Tuejday, February 4, 1707.. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the draught of' an a(ft " fettling the manner of elefting and fummoning 
 ** the fixteen Peers and fourty-five Commoners to reprefent Scotland in the 
 •* Parliament of Great Britain," read. 
 
 And thereupon a vote was put, " Allow a firft reading to be marked on the 
 «< faid aft, yea or not," and it carried, " Allow ;" and a firft reading was 
 marked thereon accordingly. 
 
 Adjourned till to-morrow at ten o'clock, 
 
 MINUTE
 
 504 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE LXXI. 
 Wednefday, February 5, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the aft fettling the manner of elefting the fixteen Peers and fourty-five 
 Commoners to reprefent Scotland in the Parliament of Great Britain, again 
 read ; and after reafoning thereon, and fome amendments, the aft as amended 
 yvas again read over, and it was put to the vote, " Approve of the aft or not," 
 and it carried, " Approve." 
 
 Overture for an aft anent plantation of kirks brought in from the Committee 
 and read, and, after fome amendments, was ordered to be printed. 
 
 And alfo another overture for an aft and commiffion for plantation of kirks 
 and valuation of teinds, brought in from the faid Committee, was read, and or- 
 dered to be printed. 
 
 Agreed, that the Parliament will proceed to the confideration of thefe over- 
 tures the ^x^fedemnt after they are printed, previous to all other bufmefs. 
 
 Then a proclamation concerning the coyn was brought in from the Com- 
 mittee and read, and a vote was put, " Approve of the proclamation or not," 
 and it carried, " Approve." 
 
 Overture for an aft againfl Popery and Papil^s brought in from the Com- 
 mittee, was read, and ordered to be printed. 
 
 Thereafter the aft fettling the manner of elefting the fixteen Peers and four- 
 ty-five Commoners to reprefent Scotland in the Parliament of Great Britain was 
 touched with the royal fceptcr by Her Majeftles High Commiflioncr in the ufual 
 manner. 
 • Adjourned till Monday next at ten o'clock. 
 
 OBSERVATIONS LXX. and LXXI. 
 
 The aft for fettling the manner of elefting the reprefentative was now 
 pafl;, and becaufe it is an aft containing a great variety of heads ufcful for 
 poft-'rity to know when the refpeftivc elcftionsmay come on, I have infcrted 
 it in the Appendix to this work, N° I xx. 
 
 The overture for plantation of kirks and valuation of teinds were put both 
 together, and proceeded upon as one aft ; the cafe was in fliort thus : — It had 
 
 been
 
 WITH OBSERVATIONS THEREON. 505 
 
 been the cuftom in former Pailiaments to grant a commiflion to certain of 
 their own members to fit as a Court, and to judge and determine of feveral 
 things relating to the two heads above, viz. plantation of kirks and valu- 
 ation of teinds; the things rhcy determined of were generally, 
 Sale and valuation of teinds or tithes in the feveral paroches ; 
 Augmentation of the ftipends of minifters ; 
 Prorogation of tacks, or leafes of teinds ; 
 
 Dividing or disjoining paroches, o^ pariflies, where they were too large; 
 Eredting and endowing new churches ; 
 Annexing and difmembering chbrches, and the like. 
 
 It was fome time fince thefe commiffions had been difcontinued ; and that 
 was not all the misfortune, but all the regifters and rolls of that court were 
 loft in the great fire which happened in the Parliament Clofe at Edinburgh in 
 the year 1700 ; fo that there was no having recourfe to any thing paft. 
 
 This was a great lofs to the church of Scotland upon feveral accounts ; and 
 had it remained unfettled at this junfture, the injury had been pail remedy; 
 wherefore it was earneftly defired, and readily granted, that all the powers 
 formerly exercifed by the faid commifiion of Parliament fhould now be con- 
 veyed to fome particular court judicatory or body of men that fliould judge 
 and determine in fuch cafes. Some were for having it veftcd in the church it- 
 felf, and committed to the general aflembly ; but it was alledged, that were 
 to make the church judge in her own caufe, and put too much power into 
 the hands of the aflembly ; others were for defiring it to be in the hands of 
 the Crown, to grant commifilion to proper perfons as the Parliament did be- 
 fore : but that was objefted againft, as dangerous to the fafety and conftitu- 
 tion of the church : at length it was devolved on the Lords of the Seflion, 
 and there it paflTed, as in the aft, which is printed alio at large in the Ap- 
 pendix, N°. K XX. 
 
 The Committee alfo now made their report about the coin, and the man- 
 ner of fettling it, the time of reducing and calling in the money, of which I 
 have fpokcn already ; but the report of the Committee being recited in the 
 proclamation, and that proclamation ftating the particulars exadtly, I have 
 placed the faid proclamation in the Appendix, N°. K. 3. it being the lafl pro- 
 clamation made in Scotland as a feparate kingdom. 
 
 3 T MINUTE
 
 5o6 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE LXXII. 
 Monday, Fihniaiy lo, 1707. 
 
 Pr.ivers faid. 
 
 Rolls called. 
 
 Then it was moved to proceed to private bufinefs, conform tothe minutes of 
 the third of February inftant. 
 
 Moved alio to proceed to the confideration of the two overtures mentioned 
 in the minutes of the \d.?i/ederunt ; the one remitting the plantation of kirks, 
 &c. to the Lords of Seffion; and the other for an act and commiffion for plan- 
 tation of kirks and valuation of teinds. 
 
 And after debate, the vote was put, " Proceed to confider the two overtures 
 " in order to a firft reading, or proceed to private bufinefs," and it carried to 
 the " Overtures." 
 
 Thereafter the two overtures were read in the above order, and the vote be- 
 ing put, " Mark a firft reading on the firft or fecond," and it carried, " Firft;" 
 and a firft reading was marked on the faid firft overture, remitting the plantation 
 of kirks to the Lords of Seflion. 
 
 MINUTE LXXIII. 
 
 IVednefday, February 12, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Thereafter the following overtures for adls were given in and read, viz, 
 Aift renuncing the reverfion of Kirk-lands ; aft in favours of the inhabi- 
 tants of the fliire of Calthnefs; aft In favours of the Earl of Linlithgow and Cal- 
 lender ; for preferving the game ; aft in favours of the Lady Littlegill and her 
 fon ; aft in favours of the Earl of Cromerty ; and a firft reading ordered to be 
 marked on each of the fiiid afts. 
 
 Moved to proceed to the aft for plantation of kirks, &c.; and alfo moved to 
 proceed to the aft for additional premiums on exportation of viftual. 
 
 And after reafoning thereon, it was agreed to proceed firft to the aft for plan- 
 tation of kirks, &c. ; and after the fame is finiftied, to proceed immediately 
 thereafter to the aft for additional prjemiums. 
 
 Then the aft for plantation of kirks, &c. was read; and after fomc reafoning 
 thereon, the farther debate was adjourned till ncxt/ederuat of Pailiamcnt. 
 
 3 Agreed,
 
 WITH OBSERVATIONS THEREON. 507 
 
 , Agreed, That the Parliament will next federunt proceed to ektft the reprc- 
 fcntatives for Scotland, to the firft Parliumcnr of Great Biitain; and it was in- 
 timate to the members to prepare for the faid cledion againft that time ; and 
 agreed that the Parliament will thereafter proceed to the adl for plantation of 
 kirks, &c. previous to all other bufinefs after the elccflion, and then to the aft 
 anent drawbacks on vidliial. 
 
 The (ccowd Jedertint of Parliament next week appointed for private bufinefs. 
 
 Adjourned till to-morrow at ten o'clock. 
 
 OBSERVATIONS LXXII, and LXXIII. 
 
 The Parliament now drawing near a clofc, a great deal of private bufi- 
 nefs crowded on the Houfe, fo that fometimes little was done as to the 
 public, which is the reafon of joining thefc obfcrvations upon two or three 
 days at a time. 
 
 The affair of the a<fl for plantation of kirks, &c. I have fpoken of already ; 
 and as this only took up the work of thcfc two da)-s, I mean as to public 
 bufinefs, there needs no farther remark upon them. 
 
 MINUTE LXXIV. 
 
 T^hurjday^ February 13, 1707. 
 Prayers faid. 
 
 Rolls called. 
 
 Then the Parliament, conform to the minutes of the laft federunt, proceeded 
 to elcft the repvefentatives for Scotland to the firfl Parliament of Great Britain; 
 and the three tflates having feparated to their ulual places, they returned and 
 reported their refpeftivc eleftions, and the lill of their reprefentatives is ^ 
 follows : 
 
 Of the nobility, the Duke of Queenfberry, Lord High Commiflioner ; the 
 Earl of Seafield, Lord High Chancellor; the Marquis of Monfrofe, Lord 
 Picfident of the Privy Council ; the Marquis of Tvveeddale, the Marquis of 
 Lothian, the Earls of Mar and Lowdoun, principal Secretaries of State; 
 and the Earls of Crafurd, Sutherland, Roxburgh, Wemyfs, Levcn, Stair, 
 Rofeberry, Glafgow, Thefaurer-depute, and Hay. 
 
 Of the barons, William Nifbit, of Dirletoun ; John Cockburn, )Oungcr, 
 of Ormiltoun, Sir John Swintoun, of that ilk; Sir William Ker, of Green- 
 head ; Archibald Douglafs, of Cavers ; William Bennet, of Grubbet; Mr. 
 John Murray, of Bowhill ; Mr. John Pringle, of Haining ; William Morifon, 
 of Preflongrange; George Baillie, of Jervifwood ; Sir John Johnfloun, of 
 
 3 T 2 Welkr-
 
 5o8 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 .Wefterhall ; Mr. John Stuart, of Sorbie-, Mr. Francis Montgomery, of Giffaji; 
 Mr. William Dalryniplc, of Glenmnre; Sir Robert Pollock, of that ilk, 
 John Hadden, of Glenagics ; Mungo Grahame, of Gorthie ; Sir Thomas Bur- 
 net, of Leyes ; Sir David Ramfay, of Balmain; William Seton, younger, of 
 Pitmeddcn; Alexander Grant, younger, of that ilk; Hugh Rofs, of Kilia- 
 vock ; Sir Kenneth Mackenzie, Mr. John Campbell, of Mammorc ; Sir James. 
 Campbell of Auchinbreck ; James Campbell, younger, of Ardkinglafs ; James 
 Halyburtoun, of Pitcur; Alexander Abercrombie, of Glaffoch ; Alexander Dou- 
 glafs, of Eagillhaw ; and John Bruce of Kinrofs. 
 
 Of the Burrows, Sir Patrick Johnfloun, Lieutenant-colonel John Arefkinc, 
 Hugh Montgomerv, James Scot, Sir John Areft-ine, Mr. Patrick Moncrieft", 
 Sir Andrew Home, Sir Peter Halket, Sir James Smollet, Sir David Dal- 
 rvmple, Mr, John Clerk, Mr. Patrick Ogilvie, George AUardicc, Daniel 
 Campbell, and Mr. Alexander Maitland. 
 
 Adjourned till Monday next at ten o'clock,. 
 
 OBSERVATION LXXIV. 
 
 It was fufficiently known, that Her Majefty defigned the Parliament then 
 fitting in England, ihould, in conjunction with the reprefentatives from 
 Scotland to be chofen, make up the firft Parliament of Great Britain, though 
 the proclamation was not exhibited till a great v/hile after; nor did the 
 Queen fignify her intentions on that head to the Englifh Parliament till the 
 twenty-fourth of April after : however, as this matter had cofl fome de- 
 bate in the Houfe, and was at laft refolved on, they made their eledtion as 
 per the minute. The oppofers of the L^nion made a noife, faid they had cho- 
 fen all their own creatures ; that they were partial to a party, and the like ; 
 but the time of taking notice of fuch things was now over; the eledion was 
 made calmly enough, and the names immediately publiflied all over the 
 kingdom, befides being put in the minutes as above.. 
 
 MINUTE LXXV,. 
 
 Monday t February 17,. 1707- 
 Praycrs faid. 
 Rolls called. 
 
 Then the adt for plantation of kirks, &c. again read, and was thereafter read 
 
 by paragraphs, and after the firft paragraph was read, it being moved, " That 
 
 ** the matter of plantation of kirks, &c. be remitted to a commiffion :" after 
 
 debate thereon, the queftion was put, " If the matter of plantation of kirks, 
 
 2 ^** and
 
 WITH OBSERVATIONS THEREON. 509 
 
 " and valuation of tenuis fliall be remitted to a commiffion, or to the Lords 
 " of Council andScffion;" and it carried, " To the Lords tif Council and 
 " Scffion." 
 
 Then a claufe was offered in favours of the Macers of Privy Council, in 
 thefe terms, declaring, " That the Macers of Privy Council, who, by their 
 *' gifts, did attend and officiate before the faid commiffion of Parliament, 
 *' Ihall continue to attend and officiate before the faid Lords of Scffion, in the 
 *' matter committed to them by this aft, as they were in ufc to do before the 
 " faid commiffion, and none elfe :" and after reafoning tliercon, the vote was 
 put, " Add the claufe or not;" and it carried, " Add." 
 
 And after fome amendments, the faid ad: was read over, then the vote was 
 put, " Approve of the adl or not ;" and it carried, " Approve." 
 
 Thereafter the draught of an ad: for additional prsemiums on the exportation 
 of vid:ual till the firil of May next, again read ; and after reafoning thereon, 
 and the addition of a claufe thereto, it was put to the vote, " Approve of the 
 *' -iO: or not ;" and it carried, " Not." 
 
 Then the ad, diffislving the feu-duties of kirk-lands from the Crown, and 
 difcharging the reverfion thereof, again read, and after fome amendments, it 
 was put to the vote, " Approve the ad: or not ;" and it carried, " Ap- 
 " prove." 
 
 Overture for an ad: concerning chirurgeons and apothecaries in Edinburgh, 
 given in and read, and it was put to the vote, " Mark a firfl reading rhereon 
 *' or order it to lie on the table ;" and it carried, " Mark a firft reading :" and 
 the fame was ordered to be printed before a fecond reading. 
 
 Adjourned till Thurfday next at ten o'clock. 
 
 MINUTE LXXVL 
 
 Thurfday, February 20, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Draught of an ad:, difcharging mufters and rendezvouzes, and prorogating 
 the fufpenfion of the claufe in the ad: of Security thereanent, till the firft day 
 of January next to come, given in and read, and a firft reading ordered to be 
 marked thereon. 
 
 Adjourned till to-morrow at ten o'clock, 
 
 MINUTE
 
 •;io MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE LXXVII. 
 
 Friday, February 21, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Then the aift difcharghig mufters and rendezvouzes, till the firft day of 
 January next, and prorogating the fufpcnfion of the claufe in the adt of Secu- 
 rity thereanent till the faid time, which is in thefe terms : " That the whole 
 <' Protcftant heretors, and all the burghs within this kingdom, Ihall forthwith 
 " provide themfelves with fire arms for all the fencible men who are Protef- 
 " tants within their refpedlive bounds; and the faid heretors and burghs are 
 " thereby impowered and ordained to difcipline and exercife their fencible 
 " men once in the month at leaft;" was read a fecond time; and after fome 
 amendments and reafoning thereon, the vote was put, " Approve of the adt 
 *• or not ;" and it carried, " Approve." 
 
 Agreed, that the Parliament will, next federunt take into their confidera- 
 tion the feveral reports of the Committee anent the coyn ; the accompts of 
 the African and Indian Company ; and anent public debts : and that the peti- 
 tion for Colonel Patrick Ogilvie, of Carnes ; Sir John Schaw, of Greenock; 
 and Sir Archibald Campbell, of Clunies, be likewife taken into confideration 
 tlie firfl federunt for private bufinefs, previous to all other. 
 
 Thereafter the adt anent plantation of kirks, and valuation of telnds, and 
 
 the above aft difcbarging mufters and rendezvouzes, &c. were both touched 
 
 with the royal fccpter, by Her Majeftics High Commiffioner, in the ufual 
 
 manner. 
 
 Adjourned till Wednefday next at ten o'clock. 
 
 OBSERVATION LXXV, LXXVI, and LXXVIJ. 
 
 The church adl about kirks and telnds was now fettled ; the motion of 
 having thefe things ftill referred to a parliamentary commiffion was thought 
 to proceed from thefe, who were willing it fliould remain in the fame condi- 
 tion it had lain in for a long time, viz. unfcttled and unprovided for ; fincc 
 it muft yearly put the perfons concerned to make application to the Parlia- 
 ment of Britain, which was remote, and very troublefome to get fuch com- 
 mlflTion fettled, or tricnnially at leaiL And whereas, while it lay before 
 their own Parliament, it had, for fome years, been unfettled, and the church 
 left, as it were, unguarded in thofe affairs ; it might much more be fuppofcd 
 to be rK'glcfted if referred to the Britifli Parliament : that, at the end of 
 every Parliament, which at fartheft would be but three years, this matter 
 
 behoved
 
 WITH OBSERVATIONS THEREON. ^n 
 
 behoved to belaid before them again, and diligently folicited, in order to 
 have it cffcttually fettled. This, therefore, was vigoroufly oppoled ; and it 
 was carried to be referred to the Lords of the Scffion, as per the adl. Vide 
 the Appendix, N°. K. x. x. 
 
 The premiums and drawbacks on the exportation of corn had been 
 fettled, as before is obferved, and are inferted in the Union, as per the adt 
 appears: but, in regard the Union was not to take place till May, and the 
 want of tliofe allowances might put a flop to the exportation in the mean 
 time, and particularly, that there was a great Dutch fleet, and feveral Nor- ' 
 way fhips, in the port of Leith at that time, which would. In cafe of the en- 
 couragements now to be given, carry away a great quantity of corn, before 
 the firflof May; which exportation of corn would be a great advantage to 
 the country, therefore this fliort-livcd adt was propofed for the encourage- 
 ment of trade. But it was alledged, that the term of the commencement 
 of the Union was fo near, that no convoy would ftir, or fhips fail before 
 that time would be come, and the advantages would be the fame to the 
 merchant ; upon which the bill was dropped in the Houfe, and came to 
 nothing. 
 
 The debate about chirurgeons and apothecaries never came to any head ; 
 the defign was to authorife the apothecaries and chirurgeons to adminifler 
 phyfic without the afiiflance or prefcription of the phyficians in extraordi- 
 nary cafes. It would have been perhaps a contefled thing, if the Hoiife had 
 been of longer continuance, but the end of the Parliament being lb near, 
 there was no time for it. 
 
 The adt about kirk lands and difcharging the feu-duties, was a nccefTary 
 law at that time in fome fpecial caufes, and met with no oppofition. 
 
 The Houfe fat on Thurfday the twentieth of February, but was wholly 
 employed about private bufincfs, which I have all along omitted as not to 
 the purpofe : on the twenty-firft they did little but read the bill about pro- 
 hibiting mufters, &c. and pall it with the church adl. 
 
 MINUTE LXXVIIL 
 
 Wednefday, February 26, 1707. 
 
 Prayers faid. 
 
 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 fame- fliould 
 
 be printed for information. 
 
 Moved
 
 512 MINUTES OF THE PARLIAMENT CF SCOTLAND, 
 
 Moved alfo, to proceed to the confideration of the Taid report, and that the 
 fame be read and proceeded on paragraph by paragraph. 
 
 And after reafoning thereon, the vote was flared, " Proceed to the confide- 
 *' ration of the Report, or print the fame." 
 
 A^nd before voting, it was agreed, that if it fhould carry, " Piint," the 
 fame fhould, notwithflanding thereof, be proceeded on the next Jederunt of 
 Parliament. 
 
 Then the vote was put, " Proceed or print," and it carried, " Print." 
 
 Adjourned till Monday next at ten o'clock. 
 
 MINUTE LXXIX. 
 
 Monday^ March 3, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Report of the Committee anent the accompts of the African and Indian 
 Company again read. 
 
 As alfo, an overture anent the accompts of the faid Company brought in 
 and read ; and after difcourfe thereon it was inoved, *' To proceed on the 
 " report of the Committee." 
 
 Moved alfo, " To delay proceeding till the next federunt of Parliament, 
 " 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." 
 
 Reprefentation from the Council of Trade, reporting to the Parliament their 
 procedure, and recommending their clerk and other perfons employed by them, 
 for a gratification for their pains, read; and it was agreed, to give the Coun- 
 cil of Trade the thanks of the Houfe for their pains and attendance ; and to 
 take the cafe of the clerk and ether perfons employed by them to confideration 
 when the Parliament comes to confider the public debts. 
 
 Adjourned till Wednefday next at ten o'clock. 
 
 MINUTE LXXX. 
 
 Wednefday, March 5, 1707. 
 Prayers faid. 
 Rolls called. 
 
 Petition for the officers of the army, in relation to the payment of their ar- 
 rears read ; and it was agreed that the fame fhall be taken to confideration when 
 
 the Parliament comes to confider public debts. 
 
 Report
 
 WITH OBSERVATIONS THEREON. 513 
 
 Report of the Committee anent the accompts of the African and Indian 
 Company again read ; as alfo the overture anent the accompts of the faid Com- 
 pany ; and after reafoning thereon, 
 
 It was agreed, that thofe of the African Company who payed the firft 
 moiety of the feven and a half per cent., and therein got allowance of the 
 annualrent of twenty-five per cent, formerly payed from the firft of June 
 1696, till the firft of Auguft 1698, fhall not now have allowance of the 
 ;annualrent of the faid twenty-five per cent, preceding the firft of Auguft 1698, 
 and remitted to the Committee to reftifie the accompt accordingly. 
 
 The Committee appointed to meet to-morrow at nine o'clock. 
 
 Adjourned till Friday next, at ten o'clock. 
 
 MINUTE LXXXr. 
 
 Friday y March 7, 1707. ' 
 
 Prayers faid. 
 
 Rolls called. 
 
 This day the Parliament was only employed on private bufincfs. 
 
 OBSERVATIONS LXXVIII, LXXIX, LXXX, and LXXXI. 
 
 The Houfe had now very little public bufinefs before them ; the affair of 
 the African Company, and fuch things as related to the payment of the 
 equivalent were the principal matters : and this Is the reafon of putting fo 
 many days minutes together. In which I omit the private affairs before them 
 as not to my purpofe. 
 
 The Committee had been long upon the affair of the equivalent, they 
 had fettled the coin, and given In the report as before : the next thing was, 
 to ftate the accounts of the African Company, and this having taken them 
 up a great deal of time, was at laft fettled, and reported by the Committee, 
 and is as follows : 
 
 Report of the Committee concerning the Indian and African Company, 
 
 Edinburgh, February 21, 1707. 
 
 THE Committee to whom it was remitted, to confider what the capital ftock 
 and intereft of the African Company may amount to, and how and to whom 
 the fame fliall be paid, having confidered the forcfaid remit, with a reprefcn- 
 
 q U • tatlon
 
 ^14 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 tation given in tp them by the Diredtors of the faid Company, and the Com- 
 panies books and accounts of money payed in to them, with the inftrudtions 
 relative thereto ; and a report of a Sub-Committee of their number, who did 
 infpett and examine the faid Companies books, with the faid accounts and 
 inftrudtions, and did calculate the fums therein contained, find, that the total 
 capital ftock advanced by the Proprietors of the faid Company, with intereft 
 thereof at five per cent., from the refpedtive terms at which the fame was 
 payable, to the firft of May, one thoufand feven hundred and feven, extends 
 in all to two hundred and twenty-nine thoufand four hundred and eighty-two 
 pounds fifteen fliillings one penny and five-fixths of a penny fterling : and 
 that the total accounts of the debts due by the Company, the inftruftions 
 whereof were alfo produced to and confidered by the Committee, extends in 
 principal and intereft, to the fum of fourteen thoufand eight hundred and nine 
 pounds eighteen Ihillings eleven pence fterling : both which fums toge- 
 ther, amount to two hundred and forty-four thoufand two hundred and ninety- 
 two pounds fourteen Ihillings and five-fixths of a penny fterling ; out of 
 which fums is to be deduced, of money lent to fevcrals of the Proprietors, 
 with the intereft thereof, the fum of one thoufand one hundred and twenty-fix 
 pounds thirteen fhillings nine pence and five-fixths of a penny i fo that there 
 remains yet due to the Proprietors of the faid Company, cf neat ballance, 
 upon the firft of May next, the fum of two hundred and forty-three thoufand 
 one hundred and fixty-fix pounds three pence fterling; which fums the 
 Committee are of opinion ftiould be payed in to the Company, or thefe com- 
 miffioned by them, out of the equivalent upon the firft day of May next. And 
 the Committee are of opinion, that the Court of Diredtors and Council Gene- 
 ral nominate fome particular perfons, who fhall be authorifed to receive the 
 hail capital ftock and intereft payable to the Company, from the Commif^ 
 fioners to be appointed for the equivalent, and who ftiall be impowered to grant 
 a difcharge thereof, with abfolute warrandice ; and that the faid perfons fo to 
 be named, in conjundtion with a Committee of Parliament, to be named as over- 
 feers, fliall be lyable for the faid money's being truly applyed and payed to 
 the Proprietors without lofs, delay, or defalcation j and that the receipts 
 granted by the Companies cafhiers, or extradts of the Proprietors payment 
 out of their books, ftvall, be a fufRcient inftrudtion of each mans fhare, to in- 
 title them to demand payment thereof, which extradls fliall be given gratis : 
 and that the certificate, or extradt out of their books, ftiall be a fufficient war- 
 rant for a charge of horning for payment of their ftiares, againft the per- 
 fons to be named who receives the money. And the Committee are of opinion,, 
 that Gavin Plummer, and Andrew Cockburn, who were cailiiers of the faid 
 Company when the fuuis of money forcfaid were payed in to the Com- 
 pany,
 
 ,a: WITH OBSERVATIONS THEREON. 515 
 
 panv, flioukl now be the cafhiers and tellers for receivi'ng the fums above 
 written from the Commiffioiiers of the equivalent, and for paying out and de- 
 livering the fanie to the rcfpcdlive proprietors and others deriving right from 
 them, upon the faid Gavin Plummer, and Andrew Cockburn, their finding 
 fufficicnt caution of their faithfulnefs, in performing the prcmiircs in the lam'.' 
 manner as they found formerly ; and in cafe the faid fum be not payed at 
 the faid firft of May next, to the perfons forcfaid, then, and in that cafe, the 
 Committee are of opinion, that the fum of one hundred and fifty-five thou 
 land fifty-four pounds fifteen Shillings and two-thirds of a penny, as apart 
 of the faid total fum due and payable at the faid firft day of May next, fliould 
 bear annualrent from and after the faid firft day of May, during the not pay- 
 payment thereof; and that the annualrent after the firft of May forcfaid, effeir- 
 ing to the faid fum of one hundred and fifty-five thoufand and fifty-four pounds 
 fifteen lliillings and two-thirds of a penny, fliould be payed out of the equi- 
 valent, in the fame manner, and to the fame perfons, as the principal fum and 
 annualrents due before the faid firft of May next. 
 
 And alfo the Committee find, that the debts due to the Company, by the 
 Proprietors, of their fubfcriptlon money, with intereft till the firft of May next, 
 extends to the fum of twenty-two thoufand nine hundred and fifty-one pounds 
 three Ihillings three pence and three-fevenths of a pennv; which fum, the 
 faid Committee arc of opinion, needs not to be fought in from the faid debi- 
 tors, in regard the fame behoved to be payed back to them, and would increafe 
 the capital ftock due to the Company. 
 
 And the Committee find, that the dead ftock belonging to the faid Com- 
 pany, and confifting of the fhip the Caledonia, lying in the river of Clyde, 
 with her furniture, guns, and apparelling; that lodging at the back of Milns 
 Square, over againft the Tron Kirk, with fome little houftiold plcniftiing 
 therein, and the Companies ftiare of the cargo of the Speedwell, fliipwrecked 
 in the E^^ft Indies, effeiring to the ftock of fix hundred pounds fterling; with 
 the burden of cellar rent of the ftorcs of the Caledonia, and the expcnccs of 
 keeping the faid ftiip after the firft of May ; and of the fraught, feamcn and 
 fiiifiors wages of the faid cargo of the Speedwell, and other fupervenicnt 
 charges upon the faid fliip and cargo, doth, in the whole, extend to one thoti- 
 fand fix hundred and fifty-four pounds eleven ftiillings and two-thirds of a 
 penny fterling; as to which, the Committee having confidercd, that the 
 Commiffioners of the Council General and Direcftors, who are to receive the 
 money, and grant difcharges therefore, are not only to be bound in abfolute 
 warrandice by the faid difcharges, but be obliged to give perfonal attendance, 
 both at receiving in and giving out the faid money, and to keep an office for 
 that cffeft, and to pay caftiiers, tellers, and book-keepers, and to provide 
 
 3 U 2 books,
 
 5i6 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 books, chefts, and other conveniencies for receiving and keeping the money, 
 until it be payed out ; and will be likewaj'S obliged and burdened to imploy 
 advocates, writers, and other perfons, for advifing the difchargcs to be 
 granted at receiving and paying out of the money, and defending procefles on 
 competition of rights, or making up of fufBcient titles in the perfon of thefe 
 who arc to receive out the money; and the necelTary attendance and lofs of 
 time of the faids Commiffioners of the Council General and Directors, both 
 for bygones and in time coming, and the lofles upon telling, at receiving in 
 and giving out of the money ; the faid Committee are of opinion, that the 
 forefaid dead ftock, extending in hail, with and under the faid burden, to the 
 faid fum of one thoufand fix hundred and fifty-four pounds eleven Ibillings 
 and two-thirds of a penny fterling, ought to be allowed to the fiiid Company, 
 and retained by them for the ends and ufes forefaid, and particularly to ena- 
 ble the Council General and Diredors of the faid Company to pay fuch ne- 
 ceffary allowances and fatisfaftion to the feveral gentlemen who fuffered in their 
 perfons and goods for the Companies fervices, as their fervices, lofTes, and fuf- 
 ferings do juftly merit. 
 
 And the Committee having confidered the ad: of Parliament eftablifhing 
 the Company, privileges therein-contained, and that part of the reprefenta- 
 tion relating thereto, they are of opinion, that, when the Company is diffolv- 
 ed, and the capital ftock and intereft paid in by the Commiffioners, and others 
 intrufted with the equivalent, to the hands of the Commiffioners appointed by 
 the Council General and Diredors to receive, the fame, every Proprietors 
 fhare may be recovered out of the hands of the faid Commiffioners, to be 
 appointed by the faid Council General and Diredors, as other money belong- 
 ing to private perfons. 
 
 Sic fubfcribitur 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 bufinefs. 
 
 On the fifth they fpent a little time in confidering farther the report of 
 the Committee; and read an overture concerning the debts of the Com- 
 pany; which, as it was the foundation of the ad that afterwards pafled, and 
 by which all this matter was fettled, I think it very needful to publifh it, 
 and have therefore placed it in the Appendix, N°. A. x. x 
 
 Upon this overture, as is above noted, together with the report of the Com- 
 mittee, the ad for fettling the payment of thefe things out of the equiva- 
 lent to the African Company was built, and the regulation being ex^dly 
 fet down in the print, any farther obfcrvation feems necdlcfs. 
 
 MINUTE
 
 WITH OBSERVATIONS THEREON. 517 
 
 MINUTE LXXXII. 
 
 Monday, March 10, 1707. 
 
 Prayers fald. 
 
 Rolls called. 
 
 Thereafter the Six Clerks of Seffion were recommended to Her Majefly, and to 
 the Lords Commlffioncrs of Her Majeflics Thcfaury and Exchequer, and other 
 managers of the publick revenues, for payment of the gratification allowed to 
 them by the Parliament, for their pains and fervices in the terms of a recom- 
 mendation thereanent. 
 
 Report brought in from the Committee, to whom it was remitted the fifth 
 inftant, to reconfidcr the accompt due to the Indian and African Company, was 
 read ; whereby deducing the annualrents formerly allowed by the Company, 
 the total of the fums due to the Company, of ilock, intereft, and debts, at the 
 firft of May next, will only extend to 232884I. fs. 03-d. flerling. 
 
 And after fome reafoning thereon, the vote was put, " Approve of the above 
 " fum as the quota, yea or not," and it carried, " Approve." 
 
 Thereafter it was moved, *' Thar feeing the quota due to the Indian and 
 " African Company was now eftablifhed ; that the diftribution of the above 
 " quota fhall be committed to the Commiffioners appointed, or to be appointed 
 *' for difpofing of the equivalent, who are to be under the fame obligations 
 " and qualifications, and lyable to the fame diligence to the feveral propria ■ 
 " tors and creditors of the Company, as is contained in the Report of the 
 " Committee." 
 
 And it was alfo moved, " That the above hail quota {hall be payed in 
 " together, to fuch perforis as are, or fhall be appointed by the Council Ge- 
 " neral or Direftors of the Company, for diftributing thereof in the above 
 " terms." 
 
 And after fome debate, a vote was ftated, " Whether the quota due to the 
 *' Indian and African Company fhall be payed by the Commiffioners for dif- 
 " pofing of the equivalent (who fhall be lyable conjundlly and feverally, in 
 *' folidum, to a charge of horning, as upon forreign bills and inland precepts, 
 " and that the payment fhall be mide by the faid Commiffioners to each par- 
 " ticular Proprietor without delay, lofs, or defalcation ; and that the faids Com- 
 " miffioners, nor any of them, or any other in their name, upon their account, 
 " or for their behove, fhall not take right to the faids debt, or make com- 
 " pofitions or tranfadfions thereanent, under the pain of infamy and other 
 " pains of law) or to perfons to be appointed by the Council General and Di- 
 " re<^ors of the Company." 
 
 But before voting, it was agreed, that the members votes be marked, and that 
 the lift of their names, as they fhall vote, be printed and recorded. 
 
 Then
 
 5i8 IVIINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 Then the vote was put, " Whether the money fliall be payed by the dif- 
 " pofers of the equivalent to the Proprietors ; or to perfons to be appointed, 
 ** by the Council General ;" and it carried, " To the Proprietors." 
 
 Ordered, That the Diredlors of the Indian and African Company fliall, be- 
 twixt and the firft day of May next to come, make up exaft lifts of the re- 
 fpeftive debts which then fall due to the fcvcral Proprietors of the faid Com- 
 pany, or to fuch perfons to whom the fame is transferred by the firfl: Proprie- 
 tors, and that the faid lifts fo made up, fhall be fubfcribed by five of the Di- 
 reftors, and by them be delivered in to the managers of the equivalent, be- 
 twixt and the faid day. 
 
 As alfo ordered, that the faid Dire^ors fhall, when required, give out to 
 every Proprietor, or perfon in whofe favours transferrences are, or fhall be 
 made, exadt abbreviates of the particular fums which fall due to each of them, 
 at the faid firft day of May next, fubfcribed by three of the faid Directors, and 
 that gratis, in order to the Proprietors or perfons to whom the fame is trans- 
 ferred, their demanding payment thereof, or ufing diligence therefore. 
 
 Ordered likeways, that the faid Direftors fhall, betwixt and the faid firfl day 
 of May next to come, make up an exadt accompt of all debts due by the faid 
 Company, and to whom, and of the extent of every creditors debt at the 
 faid firft day of May next; and that they fliall, betwixt and the faid day, deli- 
 ver to the difpofers of the equivalent, the laid accompt duly fubfcribed by five 
 of the faid Direftors ; as alfo, that they fhall give out to every creditor, an ab- 
 breviate of the particular debts due to him, gratis ; which is to be fubfcribed 
 by three of the faid Dircdlors to the efFeft forcfaid. 
 
 Ordered, that diligence fhall pafs, and be direcfVsd at the inftance of the 
 difpofers of the equivalent, againft the Direttors of the faid Company, for re- 
 covering cxadt lifts and accompts of all the debts of the Company immediately 
 after the faid firft day of May next, in cafe of their deficiency. 
 
 Ordered alfo, that the faid Diredors fliall, betwixt and the firft day of May 
 next, make up and deliver in as above, exad: lifb and accompts of the dead 
 ftock of the faid Company; and that the faid Direftors fhall have allowance 
 of the fum of 300I. flerling, out of the firft and readieft of the price of the 
 Companies Houfe, to be difpofed of by them, for defraying the charges of 
 making up the lifts and accompts. 
 
 And upon a petition given in by Captain Colin Campbell, Captain Charles 
 Stuart, Lieutenant Robert Turnbul, who were fufferers and lofcrs in the Com- 
 panies expedition and fervice, there was a fum allowed to them out of the 
 faid dead ftock, conform to an intcrloquitor on their petition. 
 
 Agreed
 
 WITH OBSERVATIONS THEREON. 519- 
 
 Agreed alfo. That, upon the Commiffioncrs for (lifpofing the equivalent, 
 their receiving of the above fum of 232884 lib. 5 fh. } ftcrling, there fhall be a 
 proclamation iflued from the Privy Council, certiorating the Hedges, that the faid 
 fum is in their hands, and thereupon agreed, that the faid Company be dif- 
 folved. 
 
 Report brought in from the Committee anent tire coyn, was read, and the 
 farther confideration thereof delayed till ncyit Jederunt of Parliament, 
 
 Adjourned till to-morrow, at ten o'clock. 
 
 MINUTE LXXXIII.. 
 
 TuefdaVy March ir, 1707. 
 
 Prayers fiid. 
 
 Rolls called. 
 
 Report brought in from the Committee, anent the payment of fome debts 
 found due by the African and Indian Company, not formerly Hated, out of the 
 dead flock of the faid Company, and recommending feveral other perfons in 
 confideration of their lofles and fufferings, to be payed out of the faid dead ftock, 
 read, and the report approven, as to the payment of the Company's debts out 
 of the dead flock, and the remainder of the faid dead flock after payment of 
 650 lib. fieri, formerly appointed to be payed furth thereof, and after payment 
 of the above debt ; was granted to be applyed and divided amongft the per- 
 fons mentioned in the faid report, and among the reprefentatives of Mr. Alex- 
 ander Ogilvie, Andrew Brown, Hugh Rofs, and Captain Alexander Montgo- 
 mery, and none other, by fuch proportions as the Committee fhall think fit, to 
 whom the determination thereof is remitted. 
 
 Report of the Committee anent the coyn again read, and the firfl paragraph 
 thereof thereafter read, and after fome debate thereon, the farther confidera- 
 tion adjourned till next federuni of Parliament. 
 
 Adjourned till Thurfday next at ten o'clock, 
 
 MINUTE LXXXIV. 
 
 ^bur/day f March 13, 1707.. 
 Prayers faid.. 
 
 Rolls called. 
 
 Report of the Committee anent the coyn again read, and upon reading of 
 the fecond paragraph of the faid report, that for making up of the lofTes which 
 private perfons may fuflain by the Englifh money, as its now current in this 
 kingdom; particular perfons be appointed, before whom all perfons are by 
 
 procla-
 
 520 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 proclamation to be required to compare and tell down what Englilh money 
 they have. 
 
 It was moved, " That the filling up of the perfons and places where the 
 " money is to be told down, be remitted to the Privy Council." 
 
 And after Ibme difcourfe thereon, the vote was put, " Remit to the Privy 
 *' Council to name the perfons, places, and time ; or determine in Parliament ;" 
 and it carried^ " Remit." 
 
 Agreed, that the lofs by the filver coyned is only to be made up. 
 
 And after feveral other additions and amendments, the report of the Com- 
 mittee, as amended, was appro ven nemine contradicente. 
 
 And it was remitted to the Privy Council to emit a proclamation thereanent, 
 in fuch terms, and with fuch orders, and appointing the execution thereof 
 after fuch method and manner, as they Ihall think fit, conform to a particular 
 remit and order of Parliament thereanent. 
 
 Adjourned till Monday next at ten o'clock. 
 
 MINUTE LXXXV. 
 
 Monday, March 17, 1707. 
 
 Prayers faid. 
 
 Rolls called. 
 
 Overture for an aft for felling herring by meafure, read, and ordered to be 
 printed. 
 
 Overture for an aft for refcinding the 15th aft of the 5th feffion of King 
 William's Parliament, entitulcd, " Aft for encouragement of preachers at va- 
 " cant churches be North Forth;" and the 13th aft of the 6th feffion of King 
 William's Parliament, entituled, " Aft in favours of the African and Indian 
 *' Company," read, and ordered to ly on the table. 
 
 Overture for an aft for payment of the capital and intereft to the Proprietors 
 of the African and Indian Company of Scotland out of the equivalent, read, 
 and after fome amendments, a firfl reading ordered to be marked thereon, and 
 ordered to be printed before a fecond reading. 
 
 Aft for burying in woollen read a fecond time, and after reafoning thereon, 
 it was put to the vote, " Approve of the aft or not;" and it carried, " Ap- 
 prove." 
 " Overture for an aft concerning chirurgeons and apothecaries in Edinburgh, 
 
 read a fecond time. Petition for the Royal Colledgc of Phyficians in 
 
 Edinburgh againft the faid aft alfo read ; and after reafoning, it was moved. 
 That the phyficians ought to be cited before the aft can pafs ; and it was 
 
 alfo
 
 WITH OBSERVATIONS THEREON. 521 
 
 alfo moved, that the phyficians be heard thereanent next Sederunt of Parlia. 
 ment. 
 
 And after further reafoning, the vote was ftateJ, Hear the parties procurators 
 next Sederunt, or Cite ; and ii carried Cite. 
 
 Adjourned till Wednefday next at Ten a Clock. 
 
 OBSERVATIONS LXXXII, LXXXIII, LXXXI7, 
 
 LXXXV. 
 
 * The Committee had now fettled the Aim, which in thegrofs was to be paid to 
 
 * the Proprietors of the African Company ; the queftion that remained was, by 
 
 * what method it fhould be diftributcd, and to whom it {hould be paid ; ■ 
 
 * two motions were made about it. 
 
 * I. That it ftiould be paid out by the Commiffioners who were to be 
 
 * appointed for the general diflribution of the Equivalent, and by them im- 
 
 * mediately paid to the perfons, who had a right to the payment by att of 
 
 * parliament. 
 
 * 2. Some thought this was difhonourable to the Direflors of the C'^m- 
 
 * pany, and they moved, that they fliould appoint perfons to receive and 
 
 * diftribute the money, but this lafl; met with very little approbation. 
 
 * I care not to take notice of fome difputes that happened upon this occafion, 
 
 * becaufe they feemed to make perfonal refleftions; — and only figniticd, that 
 
 * fome people were more jealous of one another, than I hope ih- re was occafion 
 
 * for on either fide ; — but it was evident, the people who were to receive the 
 
 * money, were generally mofl: concerned to have it paid them by the Commif- 
 
 * fioners of the equivalent immediately, as being the fureft method, and fo it was 
 
 * at laft agreed. 
 
 ' The money being thus direfted, and who fliould have the payment ; it is not 
 
 * material to take notice of the feveral claims put in, debts demanded of the com- 
 
 * pany, and fervices to be rewarded ; they were all matter of private interell, and 
 
 * I omit them of courfe. 
 
 * The affair of the Coyn, and the report of the Committee, I have noted 
 
 * already ; and as it iffued in a proclamation, and that proclamation reciied the 
 
 * report of the Committee, I have infertcd the whole in the Appendix N" I. 3. 
 
 * On the feventeenth the a£t for the payment of the capital and interelt of 
 ' the African and Indian Company was read, and little more but private bufmefs 
 
 * was done ; the Union was now finiflied in England, and expeded down every 
 
 * day, and the Parliament, faying the difpatch of fome private bills, had nothing 
 
 * before them but the African affair, which held them jufi: to the end of their 
 
 * time.' 
 
 X X X MINUTE
 
 528 MiKttTES OF THE PARLIAMENT OF SCOTLAND^ 
 
 MINUTE LXXXVL 
 
 Wednefday, 19 March, 1707. 
 
 Prayers fold. 
 Rolls called, 
 Then my Lord Commiffioner made the following fpeecb, viz. " My Lords,. 
 and Gentlemenj I have received by Her Majefties command an exemplification,, 
 under the Great Seal of England, of the aft paft in the Parliament of that king- 
 dom, ratifying the Treaty of Union in the fame terms as the Treaty was paft 
 here. 
 
 " Her Majefly orders it to be inferted in the books of Parliament, and to re- 
 main Svith the records of this kingdom ; for which end I have put it -in my Lord 
 Clerk RegiRer's hand. 
 
 " My Lords, and Gentlemen, It is a great fatisfadion to the Queen, that the 
 Union is thus happily concluded in her reign ; and I'm commanded by her Majelly 
 to affiire you, that nothing fhall be omitted en Her part, to make the whole illand 
 feel the good elTefts of it. 
 
 " And as I doubt not but the finifhing xrf this great afFair is acceptable to you, 
 fo I hope you will fludy to promote a cordial Union with ou-r neighbours, for the- 
 greater happinefs and advantage of both kingtioms."' 
 
 Then the exemplification of the ait of parliament ef England ratifying the 
 Treaty of Union betwixt Scotland and England, under tlie Great Sea"! of Englatidi. 
 was read, and ordered to be recorded. . ,.7'.noiTi ' 
 
 A&. for fecuring the Profeftant religion, and Prefbj'terian Church 'Gofv-emfirteftr. 
 Aift ratifying and approving the Treaty of Union of the two king<lomS' of Scot- 
 land and England: And aft for fettling the manner of elefling the fetcen Peers 
 and forty members toreprefent Scotland in the Parliament of Great Britain, were 
 ordered to be proclaimed and printed. ' • ' 
 
 Thereafter the aft for payment of the capital and intrereft to the {VroprietGirs -tof 
 the African and Indian Company of Scotland out of the equivrflerit, was again 
 read: As alfo read over by paragraphs. :..';: 
 
 And upon reading the laft paragraph, a petition for the Earl of Craivfurd, 
 craving that a debt due to the deceaft Majw John Lindfay, by the African Corn- 
 party, might be allowed out of their eftefts, was read, and an allowance was granted 
 in the terms of a deliverance thereon. 
 
 As alfo, upon another petition given in by the relift- of Captain BaiIlic,who 
 died in the faid Companies Service, for fome allowance for her great lofs, an 
 Allowance was alfo granted to her in the terms of a deliverance thereon 5 and 
 
 after
 
 WITH OBSERVATIONS THEREON. 5*3 
 
 after fcveral amendments were made upon the faid aft, the fame was voted mi 
 appro vcn. 
 
 Adjourned till Friday next at Ten a Clock, 
 
 OBSERVATION LXXXVI. 
 
 < Now the work drew towards a clofe, the long hopes of thofe people who 
 
 * promifed themfelves doubts, delays, and long hefitations in England, were in- 
 
 * tirely vaniflied, and people were generally furprized at the Treaty being fo 
 ' readily and fo fummarily paft in England ; the gentlemen on the other fide had 
 
 * two kinds of expcftation froiji the parliament of England. 
 
 * I. Delay and length of time, in debating and difputing with amend- 
 
 * ments, conferences, and free conferences between the upper and lower 
 
 * houfe of Parliament in England, according to the known way and ufage, 
 
 * in cafes of fuch difficulty as this was. 
 
 ' 2. Amendments or alterations, which might cccafion the refpe(flive 
 
 * Articles fo amended, to be remitted or returned to the Parliament of Scot- 
 
 * land, to be, reconfidcred, by which means not the particular articles only, 
 
 * but perhaps the whole treaty might necelTarily go through the hands of 
 
 * the Parliament in Scotland again, and fo the time which began to approach, 
 
 * viz. The firft of May, at which time the Union was to take place, fhould 
 
 * be elapfed ; and fo it might be put off to another Parliament, and the work 
 
 * be to be done over again. 
 
 * But all men were furprized, when they underfiood the Parliament of Eng- 
 
 * land had paft it in the grofs, without the leaft deviation, alteration, or amend- 
 
 * raent. 
 
 • The additions which the Englifh Parliament made, by inferting the A£l of 
 
 * Security for the Church of England in the body of the Union, agreeable to 
 
 * the fame in Scotland, was nothing but what vvas provided for, according to that 
 ' claufe before noted, in thefe terms ; That the Parliament of England may 
 
 * provide for the fecurity of the Church of England, as they think expedient, 
 
 * to take place within the faid bounds of the kingdom of England, and not dero- 
 
 * gating from the fecurity above provided, for eftablilhing the Church of Scot- 
 
 * land within the kingdom of Scodand, as -per the Aft of Ratification appears ; 
 
 * which Ratification, with the exemplification as it came down from England, is at 
 large printed immediately after thefe minutes.' 
 
 Xxx2 MINUTE
 
 524 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 MINUTE LXXXVII. 
 
 Friday, 21 March, 1707. 
 
 Prayers /aid. 
 Rolls called. 
 
 Upon a reprefentation by the Direflors of the African Company ; That, Cncc 
 the Committees Report, anent the debts of the faid Company, and Aft of Parlia- 
 ment thereupon, there appears fome fmall claims againft the Direftors upon the 
 Companies accompt; The Parliament did recommend to the Commiflioners for 
 the Equivalent, to pay fuch further fums, as fhall be duly inftrufted by the Di- 
 reftors on the Companies accompt, not exceeding the fum of one hundred and 
 fifty pounds (lerling. 
 
 Warrant granted to cite the Phyficians of the Royal Colledge of Edinburgh 
 in common form, upon a petition given in by the Chirurgeon Apothecaries. 
 
 Report of the Committee anent the publick debts read, and an overture for an 
 aft concerning publick debts alfo read ; and a firll reading ordered to be marked 
 thereon, and ordered to be printed before a fecond reading. 
 
 Adjourned till Monday next at Ten of the Clock, 
 
 MINUTE LXXXVIII. 
 
 Mo72day, 24 March, 17 07.. 
 
 Prayers faidy 
 Rolls called. 
 
 Additional lifts of Commiflioners of Supply for feveral (hires given in and read, 
 and ordered to be added to the Commiflioners formerly named for the faid re- 
 fpeftive (hires. 
 
 Thereafter the aft concerning public debts read a fecond time, and again read 
 over by paragraphs^ and after fome amendments and additions, the aft as amended 
 was voted and approven. 
 
 Then it was moved, that novp, in the conclufion of the Parliament, a letter to 
 her Majcfty be brought in ; and a draught of a letter being accordingly brought 
 in and read, the Time, after fome amendments, was voted and approven. 
 
 Thereafter the following petitions, viz. Petition, Thomas Lockhart, Surveyer 
 at Leith i Petition Eniign VYilJiam Dick -, Petition Mr. Robert Henderfon Bib- 
 liothecar of the Colledge of Edinburgh, were all moved, and recommended to her 
 Majelly, in the terms of the deliverances on their refpeftive petitions, 
 
 2 Petition
 
 WITH OBSERVATIONS THEREON. s^S 
 
 Petition Alexander Black and partners of a ftarch manura(5>ory for endowing 
 their work with the privileges of other manufadories, and for im;>ormg a duty 
 on foreign ftarch, read, and the defire thereof granted in part, conform to a 
 deliverance on the petition. 
 
 James Finlayfon fervitor to Mr. Robert Alexander, one of the Clerks of Coun- 
 cil and Seffion, recommended to her Majefty's Thefaury, conform to a deliverance 
 on his petition. 
 
 Petition John Hamilton Town Clerk of Irvine moved, and recommended to 
 her Majefty in the terms of a deliverance thereon. 
 
 Adjourned till to-tnoriow at Ten of the Clock, 
 
 MINUTE LXXXIX. 
 
 Tuefday, 2 ^^ March ^ 1707, 
 Prayers/aid, 
 Rolls called, 
 
 James Cunninghame of Auchinharvie younger, was upon his Petition recom- 
 mended to her Majefty in the terms of the deliverance thereon. 
 
 The Lord Prefident and remanent Lords of Council and Seffion recommended 
 la a fpecial manner to her Majefty for the augmentation of their fallaries, con- 
 form to a recommendation apart; 
 
 The macers and clerk's fervants, and keepers and fervants of the houfe, re- 
 commended to the Lords of her Majefty's Thefaury, for a gratification for their 
 attendance and fervice this Seflion of Parliament, conform to deliverances on 
 their refpeflive petitions. 
 
 James Steven, ufher, , likeways recommended to the Lords of Thefaury upon 
 a petition, conform to a deliverance thereon. 
 
 William Bayne, upon a petition, recommended to her Majefty, conform to 
 the deliverance on the faid petition. 
 
 Afts of Ratification in favours of feveral perfons read and paft. 
 
 Proteftation taken in favours, of the Duke of Hamilton againft one of the 
 above ratifications in favours of the Duke of Douglafs, in fo far as concerns his 
 firft vote in Parhament, and other precedencies therein-mentioned. 
 
 As alfo feveral warrants for fairs read and granted. 
 
 Ordered, that the fairs granted this feffion of Parliament, if not cxtraded 
 within fix months, ftiall be void and null. 
 
 It being moved to recommend Mr. William Paterfon. to her Majefty for his 
 good -fervice ; after fome reafoning thereon, it was put to the vote, recommend 
 him to her Majefty, or not ; and it carried, recommend. 
 
 Alexander Bailiie, fervitor to the Lord Regifter, recommended to the Lords 
 
 of Thefaury, on a cetition conform to deliverance thereon. 
 
 The
 
 526 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 The following A6ls, viz. Afl i.i favours of the Incorporations of Edinburgh 
 for a maiden hofpital, A61 in favours of the town of Dundee, Aft in favours 
 cf the town of Aberdeen, Aft in favours of the Duke of Hamilton and Town 
 of Borrow ftounefs, Aft In favours of the Burgh of Kirkaldie, A& renounc- 
 ing the reverfiou of Kirk-lands, A& in favours ef the burgh of Kinghoin, 
 A£t for clearing the Paffage through the Mary-Wind, in the burgh of Sterling, 
 Aft in favours of the Earl of Linlithgow and Callendar, Aft in favours of the 
 Lady Littlegill and her Son, Aft of naturalization of John Henry Huguetan, Aft 
 for the naturalization of feveral foreigners, Aft for preferving the Game, Aft 
 in favours of the E;.rl of Buchan, Aft of diffolution of the mines and minerals 
 belonging to his grace the Duke of CKieenfberry, Aft for burying in Woollen, 
 Aft in favours of the maiden hofpital, founded by the company of merchants 
 and Mary Erlkine, Aft concerning the payment of the funis out of the Equivalent 
 to the African company, and Aft concerning the publick debts, were all touched 
 with the royal fcepter by her IMajefly's High Commiffioner in the ufual maa- 
 iier. 
 
 Aft Salvo Jure Cujuflibet read, and it being again read over, it was voted and 
 approven, and touched with the royal fceptre by her Majefties High Commif- 
 fioner in the ufual manner. 
 
 Then his Grace Her Majefties High Commlfiioner made the following 
 fpecch. 
 
 My Lords and Gentlemen, 
 
 The publick bufinefs of this feflion being now over, it is full time to put an 
 end to it. 
 
 I am perfwaded, that we and our pofterity 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 feveral ftations, recommeird to the peo- 
 ple of this nation, a grateful fenfe of her Majefties goodnefs and great care for 
 the welfare of her fubjefts, in bringing this important affair to perfeftlon, and 
 that you will promote an unlverfal defire in this kingdom to become one in hearts 
 and affeftlons, as wc are infeparably joyned in intereft with our neighbour 
 nation. 
 
 My Lords and Gentlemen, 
 I have a very deep fenfe of the aOlflance and refpeft T have met with from 
 you in this feflion of Parliament; and I fhall omit no occafion of (hewing, to 
 the outmoft of my power, the grateful remembrance 1 have of it. 
 Adjourned till the Twcnly-fecond Day of April ttext. 
 
 I O B-
 
 WITH OBSERVATIONS THEREON. 527 
 
 OBSERVATIONS LXXXVII, LXXXVIII, LXXXIX. 
 
 ** We arc now come to the End of the work, the cxemphTication of the 
 
 * Treaty had been read and recorded, and all things rtlating to the Union 
 
 * was over.. 
 
 " What follows, amounted to nothing but pafling and touching the 
 
 * private A&s of the Parliament that lay yet before them, and recommend- 
 
 * ing to her Majefty fuch perfons as the Parliament thought merited well 
 
 * from the government, and mod of whofe employments were to ceafc with 
 
 * the alteration of the government — ; and this being done, the Commif- 
 
 * lioner concluded the whole with a fpcech as above, and the Parliament 
 
 * broke up — , was adjourned as /^r the minute, and afterward,, viz. the 
 
 * twenty-eighth of April, difiblved;" 
 
 Here follows the exaflcopy of the A£t of Ratification of the treaty of Union,, 
 as it was pafTed in the Parliament of Scotland, with the exemplification thereof 
 from England, as it (lands recorded in Scotland, by order of the Parliament; 
 there». 
 
 j^ ratifying and approving^ the Treaty of the i'wo Kingdoms of Scotlaiul 
 
 and England. 
 
 January 16, 1707. 
 
 THE Eftates of Parliament confidcring, that Articles of Union of the king- 
 doms of Scotland and England, were agreed on the tv/enty-fecond of 
 July, one thoufand feven hundred and fix years, by the Commiflloners no.iiinated 
 on behalf of this kingdom, under her Majeflics great feal of Scotland, bearing 
 date the tv/enty-feventh of February lad paft, in purfuance of the fourth act 
 of the third feiiion of this parliament,, and the Coraraiffioners nominated on 
 behalf of the kingdom of England, under her MajeRies great feal of England 
 bearing date at Weftminfter the tenth day of April lall pall, in purfuance of an 
 a£l of Parliament made in England the third year of her Majeflies reign, to treat 
 of and concerning an Union of the faid kingdoms; v;hich Articles were, in all 
 humility, prefented to her Majefty, upon the twenty-third of the faid month of 
 July, and were recommended to this Parliament by her Majefty's Royal Letter 
 of the date the thirty-one day of July, one thoufand feven hundred and fi\- ; ami 
 that the faid cftatcs of Parliament have agreed to, and approven of the faid Ar- 
 ticles
 
 5i8 MINUTES OF THE PARLIAMENT OF SCOTLAND, 
 
 tides of Union, with fome additions and explanations, as is contained in the 
 Articles hereafter infert. And nckljke, her Majefty, with advice and confent of 
 the Eflares of Parliament, refolving to eilablifh the Troteflant Religion and 
 Prefbytciian Church Government within this kingdon:i, has pafl: in this fcrflion of 
 Parliament an adt, intituled, AQ. for fecuring of the Proteftant Religion and ■ 
 Prefoyterian Church Government, which, by the teiior thereof, is appointed to 
 be infert in any ad ratifying the Treaty, and exprefly declared to be a funda- 
 mental and effential condition of the faid Treaty of Union in all time comiug. 
 Therefore, her Majefty, with the advice and confent of the Eftates of Parlia- 
 ment, in fortification of the approbation of the Articles as above-mentioned, 
 and for their further and better eftablifhment of the fame, upon full and mature 
 deliberation upon the forefaid Articles of Union, and Aft of Parliament, doth 
 ratify, approve, and confirm the fame, with the additions and explanations 
 contained in the faid Articles, in manner, and under the provifions after men- 
 tioned, whereof the tenor follows. L ARTICLE, That the two kingdoms of 
 Scotland and England fliall, upon the fird day of May next enfuing the date 
 hereof, and for ever after, be united into one kingdom by the name of GREAT 
 BRITAIN, and that the Enfigns Armorial of the faid United Kingdom be fuch 
 as'her Majefty fhall appoint, and the Crofles of St. Andrew and St. George be 
 conjoined in fuch manner as her Majefty fliall think fit, and ufed in all flaggs, 
 Ibanners, ftandards, and enfigns, both at fea and land. II. That the fucceflion 
 to the Monarchy of the United Kingdom of Great Britain, and of the domi- 
 nions thereunto belonging, after hermoft facred Majefty, and in default of iflue 
 of her M.ijefty, be, remain and continue to the moft excellent Princefs Sophia, 
 Eleitorefs and Dutchefs Dowager of Hannover, and the heirs of her body, be- 
 ing Proteftants, upon whom the Crown of England is fettled by an aft of 
 Parliament made in Engl md, in the twelfth year of the reign of his late Ma- 
 jefty King William the Third, intituled, An aft for the further limitation of 
 the Crown, and better fecuring the rights and liberties of the fubjeft : and that 
 all papifts, and perfons marrying papifts, fliall be excluded from, and for ever 
 iiic.'pable to iiii erit, poflefs, or enjoy the Imperial Crown of Great Britain, 
 and the dominions thereunto belonging, or any part thereof ; and in every fuch 
 cafe, the Crown and Government fhall, from time to time, defcend to, and be 
 enjoyed by fuch perfon, being a proteftant, as fliould have inherited and en- 
 joyed the fame^ in cafe fuch papift^, or perfon marrying a papift, was na« 
 turally dead, acc(,rding to the provifion for the defcent of the Crown of Eng- 
 land, made by anot'^rr a<fl of Parliament in Enj^lanJ, in the firft year of the 
 reign of their late Majefties King William md Queen Mary, intituled. An aft 
 declaring the rights and liberties of the fubjcvS, and fettling the fuccelTion of 
 
 the
 
 AS FINISHED IN SCOTLAND. 
 
 5^9 
 
 the Crown. III. I'hat the United Kingdom of Great Britain be reprefcnt'ed 
 by one and the fame parliament, to be fly led the Parliament of Great Britain. 
 
 IV. That all the fubjccfis of the united kingdom of Great Britain fliall, from and 
 after the Union, have full freedom and intercourfc of trade and navigation, to 
 and from any port or place within the faid'united kiagdom, and ihc 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 fubje£Vs 
 of either kingdom, except where it is otherwife exprefly agreed in thefe articles- 
 
 V. That all fhips, or veffels, belonging to her Majefly's fubjecfts of Scotland, at 
 the time of ratifying the treaty of Union of tue two kingdoms in the Parliament 
 of Scodand,- though foreign built, be deemed and pafs as (liips 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 firft of May next, making oath, that, at 
 the time of ratifying the treaty of Union in the Parliament of Scotland, the fame 
 did, in hail or in part, belong to him or them, or to fome other fubjecf or fub- 
 jefts of Scotland, to be particularly named, with the place of their refpeflive 
 abodes, and that the fiime doth then, at the time of the faid depofition, wholly 
 belong to him or them, and that no foreigner, direftly or indireftly, hath any fhare, 
 part or interefl; therein; which oath fliall be made before the chief officer or offi- 
 cers of the ciifloms, in the port next to the abode of the faid owmer or owners ; 
 and the faid officer, or officers, fhall be impowered to adminiffer the faid oath : and 
 the faid oath being fo adminiftred, fliall be attefted by the officer, or officers, who* 
 adminiftered the fame, and being regiflred by the faid officer or officers (hall be de- 
 livered to the maflcr of the fhip for fecurity of her navigation, and the duplicate 
 thereof fliall be tranfmitted by the faid officer or officers, to the chief officer or offi- 
 cers of the Cuftoms in the port of Edinburgh, to be there entered in a Regifter, and 
 from thence to be fent to the port of London, to be there entered in the general 
 regifter of all trading fliips belonging to Great Britain. VI. That all parts of 
 the united kingdom for ever, from and after the Union, fiiall have the fame allow- 
 ances, encouragements and drawbacks, and be imder the fame prohibitions, re- 
 flriftions and regulations of trade, and liable to the fame cuflonis and duties on 
 import and export ; and that the allowances, encouragements and drawbacks, 
 prohibitions, reftriftions and regulations of trade, and the cuRoms and duties on 
 import and export fettled in England, when the Union commences, fhall, from 
 and after the Union, take place throughout the whole united kingdom, except- 
 ing and referving the duties upon export and import of fuch particular com- 
 modities, from which any perfons, the fubje^ls of either kingdom,' are fpecially 
 liberated and exempted by their private rights, which, after the Union, are to 
 remain fafe and intire to them, jn all refpedts, as before the fame ; and that, 
 
 Y y y from
 
 53© THE TREATY OF U N I O K, 
 
 from and after the Union, no Scots cattle carried into England fliall be liable to any 
 other duties, ei:her on the publick or private accounts, than thefe dutk-s, to which 
 the cattle of England are or fliall be liable witb.iu the faid kingdom. And feeing, 
 by the laws of Engl nid, there are rewards granted npon the exportation of certain 
 kinds of grain, wherein oats grinded or ungrinded are not cxprefTed, that, from 
 and after the Un on, when oats fl:!ill be fold ai fifteen {Liiliiugs fteriing/)^A- quarter, 
 or under, there lliall be paid two Aiillings and fix pence fterling for every quarter of 
 the oatmeal exported in the terms of the hiw, whereby and fo long as rewards are 
 <Trantcd for exportation of other grains, and that the bear of Scotland have the fan>e 
 rewards as barley. And in rcfpecl tlie i.'.iportation of TiiSual into Scotland, from 
 •^ny place beyond fea, would prove a difcourageracnt to tillage, therefore, that the 
 prohibition,, as now in force by the law of Scotlaiid, againft impoi'tation of vinflnal 
 from Ireland, or any other place beyond fea into Scotland, do, after the Union, 
 jtemain in the iame fo'-ce as now it is, until more proper and effe-f^ual ways be 
 provided by the Parliament of Great Britain, for difcouraging the importation of 
 the faid victual from beyond fea. VI I. That all parts of the united kingdom be 
 for ever, from and after the Union, liable to the fame excifes upon all excifeablc 
 liquors, excepting only, that the thirty-four gallons Englifh barrel of beer or ale, 
 amounting to twelve gallons Scots prefent meafure, fold in Scotland by the brewer 
 at nine fliillings fix pence flerling, excluding all duties, and retailed, including 
 duties and the retailer's profit, at two pence the Scots pint, or eight part of ihc 
 Scots gallon, be not, after the Union, liable, on account of the prefent excifc 
 upon excifeable liquors in England, to any higher impofttion than two fhillings. 
 fterling upon the forefaid thirty-four gallons EngUfli barrel, being twelve gallons 
 the prefent Scots meafure, and that the excife fettled 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 fait, which fliall be 
 imported into Scotland, fhall be charged, at the importation there, with the fame 
 duties as the like fait is now charged with, being imported into England, and 
 10 be levied and fecurcd in the fame manner. But in regard the duties of great 
 quantities of foreign fait imported may be vecy heavy on the merchants importers, 
 that therefore all foreign fait imported into Scotland (liall be cellared and locked 
 up under the cuflody of the merchant importer, and the officers employed for 
 levying the duties upon fait, and that the merchant may have what quanthies 
 thereof his occafion may require, not under a weigh or forty buflicls at a time, 
 giving fecurity for the duty of what quantity he receives, jiayable in fix months . 
 fcut Scotland ftiall, for the fpace of feven years from the faid Union, be exempted 
 ffom |>avlng in Scotland, for fait nude there, the duty or excife now payable for 
 
 felt
 
 AS FINISHED IN SCOTLAND. 551 
 
 fait made in England: bur, from the expiration of the fald i'evtn years, fhall be 
 fubje£t and liable to proportional duties for fait made in Scotland, as fliall he 
 then payable for fait made in Englnnd, to be levied and fecnred in the fame man- 
 ner, ;ind with the fiine drawbacks and allowances, as in England ; with this ex- 
 ception, that Scotland Ihall, after the faid fevcn years, remain exempted from the 
 duty of two (hillings and four-pence a bufliel on home fait, impofed by an act 
 made in England in the nindi and tenth of King William the Third of England. 
 And if the Parliament of Great Britain (hall, at or before the expiring of the faid 
 feven years, fubftitute any other fund in place of the faid two (hillings and four 
 pence of excife on the bufliel of home fair, Scotland (hall, after the faid feven 
 years, bear a proportion of the faid fund, and have an equivalent in the terms of 
 this treaty: and that, during the faid fcven years, there lliall be payed in Eng- 
 land, for all fait made in Scotland, and imported from thence into England, the 
 fame duties upon importation, as (hall be payable for fait made in England, to be 
 levied and fecnred in the fame manner as the duties on foreign lalt are to be 
 levied and fecnred in England. And that, after the faid feven years, how long 
 the faid duty of two (hillings and four-pence a bu(hel upon fak is continued in 
 England, the faid two (hillings and four-pence a bulhel (hall be payable for all 
 fait made in Scotland, and imported into England, to be levied and fecured in the 
 fame manner; and that, during the continuance of the duty of two fliillings and 
 four-pence a bufliel upon fait made in England, no fait whatfoever be brought 
 from Scotland to England by land in any manner, under the penalty of forfeiting 
 the fait, and the cattle and carriages made ufe of in bringing the fame, and pay- 
 ing twenty (hillings for every bufliel of fuch fak, and proportionally for a greater 
 or le(rer quantity ; for which the carrier, as well as the owner, fhall be liable 
 jointly and feverally, and the perfons bringing or carrying the fame to be im- 
 prifoned by any one judice of the peace by the fpace of (ix months without bail, 
 and umil the penalty be payed. And for ertablifliing an equality in trade, that 
 all fleflies exported from Scotland to England, and put on board in Scotland, to 
 be exported to parts beyond the feas, and provi(ions for fliips in Scotland, and 
 for foreign voyages, may be faked with Scots fait, paying the fame duty for 
 what lalt is fo employed as the like quantity of fuch fait pays in England, and 
 under the fame penalties, forfeitures and provifions, for preventing of frauds, as 
 are mentioned in the laws of England : And that, from and after the Union, the 
 laws and afts of parliament in Scotland, for pineing, curing and packing of her- 
 rings, white filli arid falmond for exportation with foreign fait only, without any 
 mixture of Britifli or Irilh fak, and for preventing of frauds in curing and packing 
 of fifli, be continued in force in Scotland, I'ubjefl to fuch alterations as fhall be 
 made by the Parlianient of Great Britain ; and that all filh exported from Scot- 
 
 Y y y I land
 
 532 THE TREATY OF UNION, 
 
 land to parts beyond the feas, which (hall be cured with foreign fait only, and 
 without mixture of Britiih or Irifli fait, fhall have the fame eafes, prsemiums and 
 draw-backs, as are or (hall be allowed to fuch perfons as export the like fifli from 
 England: and that, for encouragement of the herring fifliin', there (hall be 
 allowed and payed to the fubjects, inhal)i'ant£ of Great Britain, during the prefent 
 allowances for other fiflies, ten (hillings and five-pence (lerling for every barrel 
 of white herrings vvhi. h (hall be exportpd from Scotland ; and that there (hall be 
 allowed five (liillings (lerling for every barrel of beef or pork ialted with foreign, 
 fait, without mixture of Biitifh or Irifli fait, and exported for fale from Scotland 
 to parts beyond fea, alterable by the Parliament of Great Britain. And if any 
 matters or fraud relating to the faid duties on fait (hall hereafter appear, which 
 are not fufficiently provided againll by this article, the Id me (hall lie fubjefl to 
 futh further provifions as (hall be thought fit by the Parliament of Great Britain, 
 IX. That, whenever the fum of one million nine hundred ninety-leven thoufand, 
 feven hundred and fixty-three pounds, eight fhiilings and four-pence half-penny 
 fliall be enafted by the Parliament of Great Britain, to be railed in that part of the 
 united kingdom now called England, on land, and other things ufually charged in 
 acls of parliament there, for granti g an aid to the crown by a land tax, that jiart 
 of the united kingdom now called Scotland Ihall be charged, by the fame ^6^, 
 with a further fum of forty-eight thoufand pounds free of all charges, as the quota 
 of Scotland to fuch tax, and fo proportionally for any greater or lefl'er fum raifed 
 in England by any tax on land, and other things ufually charged together with 
 the land ; and that fuch quota for Scotland, in the cafes aforefaid, be raifed and 
 coUeftcd in the fame manner as the cefs now is in Scotland ; but fubjed to fuch 
 regulations in the manner of coUefting, as (liall be made by the Parliament of 
 Great Britain. X. That, during the continuance of the refpe<flive duties on 
 llampt paper, vellum and parchment, by feveral affs now in force in England, 
 Scotland fhall not be charged with the farne refpe£live duties. XI. That, during 
 the continuance of the duties payable in England on windows and lights, which 
 determines on the firft day of Augufl:, one thoufand feven hundred and ten, Scot- 
 land fhall not be charged with the fame duties. XII. That, during the continu- 
 ance of the duties payable in England on coals, culm and cinders, which deter- 
 mines the thirtieth day of September one thoufand feven hundred and ten, Scot- 
 land (hall not be charged therewith for coals, culm, and cinders, confumed there, 
 but (hall be charged with the fame duties as in England for all coal, culm 
 and cindeis, not confumed in Scotland. XIII. That, during the continuance of 
 the duty payable in lingland on malt, which determines the twenty-fourth day of 
 June, one thoufand feven hundred and feven, Scotland fliall not be charged with 
 that duty. XlV. That the kingdom of Scotland be not charged with any other. 
 4 duties
 
 AS FINISHED IN SCOTLAND. 533 
 
 duties laid on by the Parliament of England before tie Union, except thofe con- 
 fented to in this treaty, in regard it is agreed, that all neceflary provifion fliall 
 be made by the Parliament of Scotland for the publick charge and fcrvice of that 
 kingdom, for the year one thoiifand fevcn hundred and f^ven ; provideil, nevcr- 
 thelefs, that, if the Parliament of England (hall think fit to l;iy anv fn'ther im- 
 pofitions, by way of cuftoms, or fuch excifes, with which, by v'rtue of this 
 treaty, Scotland is to be charged equally with England, in fuch cafe, Scotland 
 fliall be liable to the fame cufloms and excifes, and have an equivalent to be 
 fettled by the Parliament of Great Britain ; with this further proviilop, that any 
 malt to be made and confumed in that part of the united kingdom now called 
 Scotland, (hall not be charged with any impofition upon malt during this pre'^ent 
 war; and feing it cannot be fuppofed, that the Parliament of Grrat Biitain w H 
 ever lay any forts of burdens upon the united kmgdom, but wh.u they flid! find 
 of neceffity at that time for the piefervation and good of the whole, and with due 
 regard to the circumftances and abilities of every part of the united kingdom ; 
 therefore it is ai^reed, that there be no further exemption infilled upon for any 
 part of the united kingdom, but that the confideration of any exemptions, beyond 
 what are already agreed on in this treaty, (hall be left to the determination of 
 the Parliament of Great Britain. XV. Whereas, by the terms of this treaty, the 
 fubjecfls of Scotland, for preferving an equality of trade throughout the united 
 kingdom, will be liable to feveral cufloms and excifes now payable in England, 
 which will be applicable towards payment of the debts of England, contracled 
 before the Union ; it is agreed, that Scotland (hall have an equivalent for what 
 the fubje£ls thereof (hall be fo charged towards payment of the faid debts of Eng- 
 land in all particulars whatfoever, in manner following, viz. That, before the 
 Union of the faid kingdoms, the fum of three hundred ninety-eight thoufand and 
 eighty-five pounds ten flTiliings be granted to herMajefly, by the Parliament of 
 England, for the ufes after-mentioned, being the equivalent to be anfwered to Scot- 
 land, for fuch parts of the faid cuftoms and excifes upon all excifcable liquors, 
 with which that kingdom is to be charged upon the Union, as will be applicable 
 to the payment of the faid debts of England, according to the proportions which 
 the prefent cufloms in Scotland, being thirty thoufand Y)0\.w\ih per annum, do bear 
 to the cufloms in England, computed at one million three hundred forty-one 
 thoufand five hundred and fifty-nine pounds per annum, and which the prefent' 
 excifes on excifeable liquors in Scodand, being thirty-three thoufand and five 
 hundred pounds per aiimtm, do bear to the excifes on exclieable liquors in Eng- 
 land, computed at nine hundred forty-feven thoufand fix hundred and two pounds 
 per annum, which fum of three hundred Tiinety-eight thoufand eighty-five pounds 
 tea fliillings Ihall be due and payable fiora the time of the Union : And in re-- 
 
 g-ard
 
 5i4 T H E T R E A T y O F U N I O N, 
 
 gard that, after the Union, Scotland becoming liable to the fame cuftoms and 
 duties pavahie on import and export, and to the fame excifes on all excifeaWc 
 liquors as in England, as well upon that account, as upon the account of the in- 
 cieafe of trade and p opie (which will be the happy confequence of the Union)-, 
 the faid revenues will much improve beyond the before-mentioned annual values 
 thereof, of which no prefeni eftimate can be made ; yet ncverthelefs, for the 
 reafons aforefaid, there ought to be a proportionable equivalent anfwered to 
 Scotland ; it is aj^reed, that, after the Union, there fhall be an account kept of 
 the faid duties arifing in Scotland, to the end it may appear, what ought to be 
 anfwered to Scotland, as an equivalent, for Inch proportion of tl.e faid incrcafe, 
 as (liall be applicable to the payment of the debts of England. And for the fur- 
 ther and more effeftual anfwering the feveral ends hereafter-mentioiied ; it is 
 agreed, that, from and after the Union, the whole increafe of the revenues of 
 cufloms and duties on import and export, and excife upon excifeable liquors in 
 Scotland, over and above the annual produce of the faid refpe(flive duties as 
 above dated, (hall go and be applied, for the term of feven years, to the ufes 
 hereafter-mennoned, and that, upon the faid account, there fhall be anfwered to 
 Scotland annually, from the end of feven years after the Union, an equivalent, 
 in proportion to fuch part of the faid increafe as fhall be applicable to the debts 
 of England ; and generally, that an equivalent fliall be anfwered to Scotland, for 
 fuch parts of the Englifh debts as Scotland may hereafter become liable to pay 
 by reafon of the Union, other than fuch, for which appropriations have been 
 made by Parliament of England, of the cufloms or other duies on export 
 and import, excifes on all excifeable liquors, in refpeft of which debts, equiva- 
 lents are herein before provided : And as for the ufts, to which the faid fum of 
 three hundred ninety-eight thoufand eighty-five pounds ten (hillings to be granted 
 as aforefaid, and all other moneys which are to be anfwered or allowed to Scot- 
 land as faid is, are to be applied ; it is agreed, that in the (irft place, out of the 
 forefaid fum, what confideraiion (hall be found necefTary to be had for any lodes, 
 which private perfons may fuftain, by reducing the coin of Scotland to the 
 flandart and value of the coin of England, may be made good : in the next 
 place, that the capital (lock or fund of the African and Indian Company of Scot- 
 land advanced, together with the intercft for the faid capital (lock after the rate 
 of five fcr cent, per an>7u:')!, from the refpcdive times of the payment thereof, (ball 
 be payed ; upcn payment of which capital (lock and intereft, it is agreed the faid 
 Company be dilTolvcd and ceafe ; and aUo, that, from the time of pafliiig the 
 aft of Parliament in England, for raifing the faid fum of three hundred ninety- 
 eight thoufand eighty-five pounds ten (hillings, the faid Company fhall neither 
 trade, nor grant licence to trade, providing, that, if the faid ftock and intereft 
 5 ' (ball
 
 AS FINISHED IN SCOTLAND. 535 
 
 flvill not be payed in twelve months after the commencement of the Union, that 
 then the faid Company may, from theiiceforeiv.ir.l, tra ie, or give licence 10 
 trade, until the faid hail capital flocli and inierc-fl fhall be payed : and as to the 
 overplus of the faid fum of three himdrtd ninety-eight thoufand eighty-five 
 pounds ten fliitliugs, after payment of v/hat confideratiuns Q;all be had for lofTcs 
 in repairing the coin, and paying the faid ca])i!al Hock and intcrefl; and alfo the 
 hail increafe of the laid revenues of cuftoms, duties and excifcs above the prefent 
 value, which fliall arife in Scotland, during the faid term of fcven years, together 
 with the equivalent which Hiall become due upon the improvement thereof in 
 Scotland after the laid term ; and alio, as to all other fums, whicli, according to 
 the agreements aforefaid, tiiay become payable to Scodaud by way of equivalent, 
 for what that kingdom (hall hereafter become liable to■.^■ards i)aymcnt ot the debt 
 of England ; it is agreed, that the fame be applied in manner following, viz. 
 That all the publick debts of the kingdom of Scotland, as ihall be adjufled by this 
 prefent Parliament, fliall be j)ayed ; cmd that two thoulaud pounds /cr rf«;;aw, for 
 the fpace of leven years, (hall be applied towards encouraging and promoting 
 the jaiSLQufaffure of coarle wooll, within thefe fliires which produce the wooH, 
 and that the firfl; two thoufand pounds fierling be payed at Martinmafs next, and 
 fo yearly at Martinmafs during the fpace forefaid ; and afterwards, the fame fliali 
 be wholly applied towards encouraging and promoting the filherics, and fuch 
 other manufaftures and improvements in Scotland, as may mofl conduce to the 
 general good of ihe united kingdom. And it is agreed, that her Majefty be im- 
 povvered to appoint Commiffioners, who fliall be accountable to the Parliament of 
 Creat Britain, ifor difpofing the faid fum of three hundred ninety-eight thoufand 
 and eighty-five pounds ten fliilling?, and all other moneys which fhall arife to 
 Scotland upon the agreements aforefaid, to the purpofes before-mentioned; which 
 Commiffioners fhall be impowered to call for, receive, and difnofe of the faid 
 moiveys in manner aforefaid, and to infpeft the books of the fevcral Colleftors of 
 the faid revenues, and of all other duties from whence an equivalent may arife ; 
 and that the Collcdors and Managers of the faid revenues and duties be obliged 
 to give to the faid Commiffioners fubfcribedauthentick abbreviates of the produce 
 of fuch revenues and duties arifing in their refpeftive difirifts; and that the faid 
 Commiffioners fhall have their office within the limits of Scotland, and fliall in 
 fuch office keep books, containing accounts of the amount of the equivalents, 
 and how the fame (hall have been difpofed of, from time to time, which may be 
 infpefted by any of the fubjcfts who fhall defire the fame. XVT. That, from 
 and after the Union, the coin fliall be of the fame flandart and value throughout 
 the united kingdom, as now in England, and a mint (hall be continued in Scot- 
 land, under the fame rules as the mint in England ; And the prefent officers of 
 
 the
 
 ■536 T H E T R E A T Y O F U N I O N, 
 
 tlie mint continued, lubjeft to fuch regulations and alterations as her Majefly, her 
 litirsor fuccellbrs, or the Parliament of Great Britain, fhail think fit. XVII. That, 
 from and after the Union, the fame weights and meafures fliall be ufed throughout 
 the united kingdom, as are now eftablifhed in England, and llandarts of weights 
 and meafures fliall be kept bj' thofe burrows in Scorland, to whom the keeping 
 the llandaits of weights and meafures, now in ufe there, docs of fpecial right 
 belong ; all which fltandarts fhall be fent down to fuch refpeftive burrows, from 
 the flandarts kept in the Exchequer at Weflminfter, fubjefl: neverthefs to fuch 
 regulations as the Parliament of Great Britain (hall think fit. XVIII. That the 
 laws concerning regulation of trade, cuftoms, and fuch excifes, to which Scotland 
 is, by virtue of this treaty, to be liable, be the fame in Scotland, from and after 
 the Union, as in England ; and that all other laws, in ufe within the kingdom of 
 Scotland, do, after the Union, and notwithftanding thereof, remain in the fame 
 iorce as before (except fuch as are contrary to, or inconfiftent 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 thofe which con- 
 cern private right, that the laws which concern publick right, policy and civil 
 government may be made the fame throughout the whole united kingdom, but 
 that no alteration be made in laws which concern private right, except for evident 
 utility of the fubjefts within Scodand. XIX. That the Court of Seffion, or 
 College of Juftice, do, after the Union, and notwithftanding thereof, remain in 
 all time coming within Scotland, as it is now conflituted by the laws of that king- 
 dom, and wiih the fame authority and privileges as before the Union, fubjedb 
 neverthelefs to fuch regulations, for the better adminiftration of jultice, as {hall 
 be made by the Parliament of Great Britain; and that hereafter none fhaii be 
 named by her Majefty, or her royal fuccelTors, to be ordinary Lords of SelTion, 
 but fuch who have ferved in the College of JuHice as Advocates, or principal 
 Clerks of Seffion, for the fpace of five years, or as Writers to the Signet, for the 
 fpace of ten vear<?, with this provifion, that no Writers to the Signet be capable 
 to be admitted a Lord of the Seffion, unlefs he undergo a private and publick 
 tryal on the civil law, before the Faculty of Advocates, and be found by them 
 qualified for the faid office, two years before he be named to be a Lord of the 
 Seffion, yet fo as the qualifications made or to be made for capacitating per- 
 fons to be named Ordinary Lords of Seffion may be altered by the Parlia- 
 ment of Great Britain. And that the Court of Jufliciary do alfo, after the 
 Union, and notwithftanding thereof, remain, in all time coming, within Scot- 
 land, as it is now conllituied by the laws of that kingdom, and with the fame 
 auiliority and privileges as before the Union, fubjccl neverthelefs to fuch re- 
 gulations as fliall be made by the Parliament of Great Britain, and without 
 
 prejudice
 
 A ^ FINISHED IN SCOTLAND. 557 
 
 ■prejudiceof other rights of juRiciary : And that all Admiralty jurifdiftions be 
 under the Lord High Admiral, or Comminioncrs for the Admiralty, of Great Britain 
 for the time being ; and that the court of Admiralty now eflubliflied in Scotland 
 be continued; and that all reviews, reduftions or fufpenfions of tlie fcntences In 
 maritime cafes, competent to the jurifdiiftion of that court, remain in the fame 
 manner after the Union as now in Scotland, until the Parliament of Great Britain 
 fliall make fuch regulations and alterations as (hall be judged expedient fbr the 
 ■whok united kingdom ; fo as there be alwife continued in Scotland a Court of 
 Admiralty, fuch as in England, for determination of all maritime cafes relative 
 "to private rights in Scotland competent to the jurifdiftion of the Admiralty 
 Court, fubjeft neverthefs to fuch regulations and alterations as (hall be thought 
 proper to be made by the Parliament of Great Britain -, and that the heietable 
 rights of Admiralty, and Vice-Admiralties' in Scotland, be referved to the re- 
 fpeftive proprietors, as rights of property, fubjeft neverthelefs, as to the manner 
 of exercifmg fuch heretable rights, to fuch regulations and alterations as fliall 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, butfubjeft 
 to alterations by the Parliament of Great Britain : And that all inferior courts within 
 the faid limits do remain fubordinate, as they are now, to the fupreme courts of 
 juflice within the fame, in all time coming ; and that no caufes in Scotland be cog- 
 nofcible by the Court of Chancery, Queen's Bench, Common Pleas, or any other 
 court in Weftminfter-hall ; and that the faid courts, or any other of the like na- 
 ■ture, after the Union, (hall have no power to cognofce, review, or alter the a<^s 
 or fentencesof the judicatures within Scotland, or flop the execution of the fame ; 
 and that there be a Court of Exchequer in Scotland, after the Union, for decid- 
 ing queftions concerning the revenues of Cudoms and Excifes there, having the 
 fame power and authority in fuch cafes, as the Court of Exchequer has in Eng- 
 land ; and that the faid Court of Exchequer in Scotland have power of pafTing 
 fignatures, gifts, tutories, and in other things, as the Court of Exchequer at pre- 
 fent in Scotland hath ; and that the Court of Exchequer that now is in Scotland 
 do remain, until a new Court of Exchequer be fettled by the Parliament of Great 
 Britain in Scotland after the Union : And that, after the Union, the Queen's 
 Majefty and her royal fucceflbrs may continue a Privy Council in Scodand, for 
 preferving of publlck peace and order, until the Parliament of Great Britain (hall 
 think fit to alter it, or cdablilh any other effectual method for that end. 
 XX. That aU heretable offices, fuperiorities, heretable jurifdiftions, offices for 
 life, and jurifdisftions for life, be referved to the owners thereof, as rights of pro- 
 perty, in the fame manner as they are now enjoyed by the laws of Scotland, not- 
 wi-thftanding of this Treaty. XXI. That the rights and privileges of the royal 
 
 Z z z ' burrows
 
 ,;53.8 THE TREATY OF UNION, 
 
 burrows in Scotiund, as they now are, do remain intire after the Union, and 
 notwithftanding thereof. XXH. That, by virtue of this Treaty, of the Peers of 
 Scotlnnd ar the time of the Union, fixteen (hail be the number to fit and vote in 
 the Iloufe of Lords, and forty-five the number of the reprcfcntatives of Scot- 
 laud in the Houfe of Conamons of the Parliament of Great Britain : And that, 
 vphen her Majetly, her heirs or fueceffors, (liall declare her or their pleafure, for 
 holding the firft or any fubfcquent Parlianient of Great Britain, until the Parlia- 
 'mcnt of Great Britain fliall make further provifion therein, a writ do iiTue under 
 the Great-feal of the united kingdom, directed to the Privy Council of Scotland, 
 commanding ibein to caufe fixteen Peers, who are to fit in the Houfe of 
 Jvords, to be fummoned to Parliament, and forty five Members to be ele^Tted, to 
 fit in the Houfe of Commons of thje Parliament of Great Britain, according to 
 -the agreement in this Treaty, in fuch manner as by a fubfequent aft of this pre- 
 fent feflion of the Parliament of Scotland (hall be fettled ; which adt is hereby 
 declared .to-be as valid,, as if it were a part of, andiingroffcd in, this treaty j and 
 that the names of the. perfons, fo fummoned, and elected, (ball be leturned by the 
 Privy Cotin^U of Scotland,, into the court from whence the faid writ did iffue; 
 and that it her Majefly, on or before the firft day of IVIay next, on which day 
 the-UnioB is to take place, fliall declare under the Great feal of England, that it 
 is expedient, that the Lords of Parliament of England, and Commons of the pre- 
 sent Parliament of England, fbould be the Members of the refpedive Houfes of the 
 irlVIfarliament of .Great Britain, for and on the part, of England, then the faid 
 Lordg-of Parliament of England, and Commons of the prefent Parliament of Eng- 
 land,, fliall he the -.Members of the refpecf^ive Houfes of the firft Parliament of 
 Great Britain, for and. on the part of England : And her Majcfty may, by hCf 
 royal proclaiuatign under the Great-leal ot Great Britain, appoint the f.iid firft 
 Pariiamcn.t .o-f Greats Britain to meet at fuch time and place as her Majefty fhall 
 think fit, which time fliall not be lefs than fifty days after the dare of fuch pro- 
 claiViatioD i.a^d the time and place of the meeting of fuch Parliament being fo 
 appointed, a writ fliall be immediately ifl"ncd under the Great-feal of Great 
 Briuin, .directed to t lie Privy Council of ScoUand, for the fuinmoning the fixteen 
 Peers^;^ aod for ele<ning forty-five Members, by whom Scotland is to be rcpr«- 
 fented in the Parliament of Great Biitain; and the Lords of Parliament of England, 
 and the fixteen Peers of Scotland, fuch fixteen Peers being fummoned and returned 
 in the fame manner agreed in this Treaty ; and the Members of the Houfe of Com- 
 mons of the faid Tarliamcnt of England, and the foriy-five Members for Scotland, 
 fuch fortj-fi\e Members being eleded and returned in the manner agreed in this 
 Treaty, fliall afTcmble and meet refptftively in their refpeiftive Houfes of the Parlia- 
 rr.cnt oi Great Britain, at fuch time and place as fhall be fo appointed by her Majefliy, 
 6 and
 
 AS FINISHED IN SCOTLAND. 
 
 5^"5 
 
 and fljall be the two Houfes of the ifirft Parliament of Great Britain: And tbat'Par- 
 liament may continue for fuch time only as the prefent Parliament of Englandmi^'ht 
 have continued, if the Union of the two kingdoms had not been made, unlefs 
 fooner diff)lvcd by her Majefty. And that every one of the Lords of Parliarntnt 
 of Great Britain, and every Member of the Houfe of Ccmiiions of the Parliament 
 of Great Britain, in the firft and all fucceeding Parliaments of Great Britain, un- 
 til the Parliament of Great Britain fhall otherways dire<5t, fhall take the refpec- 
 tive oaths appointed to be taken inftead of the oaths of allegiance and fu- 
 premacyj by an a6t of Parliament made in England, in the firft yeai* of the reign 
 of the late King William and Queen Mary, intituled, " An aft fo'i* the aliroi'at- 
 " ing of the oaths of Supremacy and Allegiance, and appointing other oaths ;" 
 and make, fubfcribe, and audibly repeat, the declaration mentioned in an aft of 
 Parliament made in England, in the thirteenth year of the reign of King Charles 
 the Second, intituled, " An aft for the more efieftual preferving the King's 
 " pcrfon and government, by difabling Papifts from fitting in either HoUfes of 
 •' Parliament ;" and fliall take and fubfcribe the oath mentioned in an aft of Par- 
 liament made in England, in the firft year of her Majefty's reign, intituled, 
 " An aft to declare the alterations in the oath appointed to be taken by the aft," 
 " intituled. An aft for the further fecurity of his IVIajefty's perfon, and thS 
 " fucceffion of the Crown in the Proteftant line, and for extinguifhing the hopes 
 " of the pretended Prince of Wales, and all other pretenders, and their operi 
 ** and fecret abettors, and for declaring the AfTociation to be determined ;" at 
 fuch time, and in fuch manner, as th* members of both Houfes of Parliameflt of 
 England are, by the faid refpeftive aft:s, direfted to take, make, and fubfcribe 
 the fame, upon the penalties and difabilitics in the faid refpeftive afts con- 
 tained. And it is declared and agreed, that thefe words, " This realm, the crown 
 ♦' of this realm, and the Queen of this realm," mentioned in the oaths and decla" 
 ration contained in the aforefaid afts, which w^re intended to fignify the crown 
 and realm of England, fliall be underRood of the crown and realm of Great 
 Britain ; and <hat, in that fenfe, the faid oaths and declaration be taken and fub- 
 fcribed by the Members of both Houfes of the Parliament of Great Britaio, 
 XXIII. That the forefaid fixteen Peers of Scotland, mentioned in the laft pre- 
 ceding article, to fit in the Houfe of Lords of the Parliament of Great Britain, 
 (hall have all privileges of Parliament which the Peers of England now have, and 
 which they, or any Peers of Great Britain fhall have after the Union, and parti- 
 cularly the right of fitting upon the trials of Peers : and in cafe of the trial of 
 any peer in time of adjournment or prorogation of Parliament, the faid fixteen- 
 Peers fhall be fummoned in the fame manner, and have the fame powers and pri- 
 vileges at fuch trial, as any other Peers of Great Britain. And that in cafe an y 
 
 Z z z 2 trials
 
 540 T H K T R E A T Y OF UNION, 
 
 .trials of Peers fhall hereafter happen when therie is no Parliament in being, the 
 fijcteen Peers of Scotland, who fate in the laft preceding Parliament, fliall be 
 fummoned in the fame manner, and have the fame powers and privileges at fiicU 
 trials, as any other Peers cf Great Britain. And that all Peers of Scotland, and 
 their lucceffors to their honours and dignities, fliall, from and after the Union> 
 be Peers of Great Britain, and have rank and precedency t>ext aixl immediately 
 after the peers of the like orders and degrees in England, at»the time of the Union, 
 and before all Peers of Great Britain, of the like orders and degrees, who may 
 be created after the Union, and fhall be tried as Peers of Great Britain., and fhall 
 cnjoyrall privileges of Peers as ftilly as the Peers of England do now, or as they 
 for any other Peers of Great Britain may hereafter enjoy the fame, except the 
 right and privilege of fitting in the Houfe of Lords, and the privileges depending 
 thereon, and particularly the right of fitting upon the trials of Peers. XXIV. That, 
 from and after the Union, there be one Great-feal for the united kingdom of Great 
 Britain, which (hall be different from the Grcat-feal now ufed 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 naay bcft fuit the Union, be left to her Ma« 
 jefty ; and that, in the meantime, the Great feal of England be ufed as the 
 Great-feal of the united kingdom, and that the Great-feal of the united kingdom 
 be ufed for fealing writs to elect and fuiumon the parliament of Great Britain, and 
 for fettling all treaties with foreign princes and dates, and all publick acls, 
 inftrument.3, and orders of (late, which concern the whole united kingdom, and m 
 all other matters relating to England, as the Great-feal of England is now ufed ; 
 and i^h'at a fea! in Scotland, after the UnioB, be always kept and naade ufe of 
 in all things relating to private rights or gralK-s, which have ufually jjafled the 
 Great feal of Scotland, and which only concern offices, grants, coramiffions, and 
 private rights within that kingdom ; and that, uiHil fuch feal fliall be appointed 
 by her Majelly, the prefent Great-feal of Scotlahd fhall be ufed for fuch pur- 
 pof.s; and that the Privy-feal, Signet, CaiTet, Sigtvet of the Judiciary Court, 
 Quarter-feal, and finals of court now ufed ;iDi Scotland, be continued; but that 
 the faid feals be altered, and adapted to the date of the Union, as her IVIajefty 
 fhall think fit : And the faid feals, and all of them, and the keej)ers of them, fhall 
 be fubjcft to fuch regulations as the Parliament of Great Britain fhall hereafter 
 make : And that the crown, fceptre, and fword of date, the records of parlia- 
 ment, and all other records, rolls and rcgiders whatfoever, both publick and 
 j)rlvate, general ami pai-ticiilar, and warrants thereof, continue to be keeped as 
 theyi^e within that part of, the united kingdom now called Scotland, and that 
 ihey fljall fo remain in all time coming, notvvithdanding of the Union. 
 XXV., Thiiit all laws and datotcs iu either kingdom, fo far as they are contrary 
 
 10
 
 AS FINISHEP jN SCOTLAND. 
 
 541 
 
 to, or inconfiflent with ihe terras of tliefe articles, or any one of them, fhall, 
 from an^l after the Union, ceafe and become void, and fliall be fo declared to be 
 by the refpcflive Parliamenrs of the faid kingdoms. 
 
 Follows the t(mr of ihe forcfai(i A8 for/ecuring the ProtcJJatit 
 Religion and Pxejhytgrhn Cburcb-Cevernme?it . 
 OUR SOVEREIGN LADY and the Elites of Parliament confidering, Tliat, 
 'by the late Aft of ParJiamciit for a Treaty with England, for an Union of both 
 kingdoms, it is provided^ that the Comraiflloners for that Treaty fliould not treat 
 of or concerning any aheration of the VVorfhip, Difcipline, and Government 
 of the Church of this jkingdom, as now by law eflabliflied: which Treaty being 
 BOW reported to the Parliament, anjd it being reafonable and neceflary, that the 
 true Proteftant Religion, as prefently profeffed within this kingdom, with the 
 V/orfhip, Difcipline, and Government of this Church, fliould be etfedlually and 
 unalterably fecured; therefore her Majefty, with advice and confent of the 
 faid Eftates of Parliament, doth hereby ertablilh and confirm the faid true Pro- 
 teftant Religion, and the Worfhip, Dilcipline, and Government ef this Church, 
 to continue without any alteration to {he people of this lapd- in all fucceeding 
 generations; and more efpecially, her Majefty, with advice and confent forefaid», 
 ratifies, approves, and for ever confirms, the fifth Aft of the firft Parliament of 
 ^ing William and Qiieen Mary, iatituliid, " Aft rji'.tryipg.the Confeffion of Faith, 
 ^'.;sind fettling Prefbyterian Chnreh Gove^Jjiflienr." w,ith th? haill other Adi% of 
 Parliamen!: relati,ng thereto, in .profecvijcioQ/of .tjig'ideclara^ioD of ^he E^?es of 
 this kingdom, containing the cjaioa of right, t>ear.ing d^te the eleventh of Aprils 
 one thoufand fix hundred and eighty-nine ; aisu her M.ijedy, with advice and 
 confent forefaid, exprefly provides and declares, that the fpreliiid true Proteftaitt 
 Religion., contained in the above«iHentioned CoafciBo«n of Faith, with the fortji 
 ami, purity of Worihip pjref?ntly vn wfe withii* it)>i& Chitiroh,- ai>d it? Prefbyreriari 
 Clmrch Government and Difciplinei ]hn i$ i^ fay, the Government of th?; 
 Church by Kirk SefTions, Preftyteries, Provincial Synods, and General Aflem- 
 blies, all eftabliihed by tlie forefaid Afts of Parliament, purfnant to the claim 
 of right, fhall remaiji *n4 eowtipwe ■unalterable; and that the faid Prefbytpriaa 
 Governmtfvt (hall be the-pniy GoveirniiTieRt of , the Church within the kingdom oi 
 Scotland. And further, fof the greater Security of jhe forefaid Proteftanc Reljij- 
 gion, and of the Worfliip, D;i{Qipli:ne,; afid Government of this Chureh a« abDV(5 
 eftablifhed, her Majeily, vvkh advice and confent forefaid, flatutes and ordains,. 
 that ^he Univerfjties and Colleges of St. Andrew's, GLfgow, Aberdeen, and 
 Edinbur:gh, as now eftabliAed hy law, Ihall oontinue within this king^Jom fpr 
 eT,er. And that, J6 all time eoiniing:, x\o Pfofeflbrs, Principals, Regents, Mafterf* 
 or others, bearing office i® »uy Univicriity, College ojr School withip this king- 
 7 dona.
 
 542 T HE TREATY O Fi^U N I O N, 
 
 domj be capable, or be admitted or allowed tocoiitinue in the exerclfe of their 
 feidfuivftions, but fuch as (ball owti and acknowledge the Givil Government in 
 tnanner prefcribed, or to be prefcribcd by the Ads of Parliament. As alfo,- 
 that before, or at their admiflions, they do and (hall acknowledge and profefs, 
 and fhall fubfcribe to the forefaid Confeflion of Faith, as the ConfefEon of their 
 Faith; and that they will praftife and conform themfelves to the Worfhip pre- 
 fently in ufe in this Church, and fubmit themfelves to the Government and Difci- 
 pline thereof, and never endeavour, diredtly or indireflly, the prejudice or fubvcr-- 
 fion of the fame; and that before the refpeftive Piefbyieries of their bounds, by 
 vvhatfoever gift, prefenration, or provifion, they may be thereto providi^d. And 
 further, her Majefty, with advice forefaid, exprefly declares and ftatutes, that 
 none of the fubjefts of this kingdom (hall be liable to, but all and everv one of 
 them for ever free of any oath, tefl 6r fubfcrip-ion within this kingdom, con- 
 trary to, or inconfiitent with, the forefaid true Proteftant Rtligion andPretyte- 
 rian Church Government, Worfhip, and Difcipline as abo.e elfab ifhed ; and 
 that the fame, within the bounds of this Church and Kingdom, fhall nevet" be 
 impofed upon, or required of them in any fcrt. And, laftly, that- after the 
 deceafe of her prefent Majefly (whom God long preferve), the Sovereign fuc- 
 ceeding to her in the Royal Government of the kingdom of Grc^r-Biitain (hall, 
 in all time coming, at his or her acceffion to the Crown, fwear and fubfcribe, 
 that ihcy fliall inviolably maintain and preferve the forefaid Settlement of the 
 true Proteftant Religion, with the Government, Worfliip, Difcipline, Right, 
 and Privileges of this Church, as above eftabli(hed by the laws of this kingdom, 
 in profecution of the claim of right. And it is hereby ftatute and ordained, 
 that this A£i of Parliament, with the eftablilhment therein contained, fhall be 
 held and obferved, in all time coming, as a fundamental and elTential condition of 
 any Treaty or Union to be concluded betwixt the two kingdoms, without any 
 alteration thereof, or derogation thereto, in any fort,' for ever. As alfo, that 
 this A&. of Parliament, and Settlement therein contained, fliall be infeit and 
 repeated in any Aft of Parliament that fhall pafs, for agreeing and concluding 
 the forefaid Treaty or Union betwixt the two kingdoms; and that the fame 
 fliall be therein exprefly declared to be a fundamental and effential condition of 
 the faid Treaty or Union, in all time c6ming. WHICH ARTICLES OF 
 UNION, and A&. immediately above-written, her Majefly, with advice and 
 confent forefaid, ftatutes, enafls and ordains to be, and continue, in all time 
 coming, the furc and perpetual foundation of a compleat and intire Union of 
 the two kingdoms of Scotland and England, under this exprefs condition and 
 provifion, that the approbation and ratification of the forefaid Articles and Aft' 
 (hall be no ways binding on this kingdom, until the faid Articles and Aft be rati- 
 fied,
 
 AS F I K I 3 HE D I N SCOTLAND. 543 
 
 fied, approveh and confirmed by her Majcfly, with and by the authority of the 
 Parliament of England, as they are now agreed to, approven and confirmed by her 
 Majefty, with and by the authuiii^ wf ihc rarllanitm ur Oi^ua^^a. i:>o<,i„r;r,rj 
 neverthfclefs, that the Parliament of England may provide for the fecurity of the 
 Church of. England as. they think expedient, to take place within the bounds of 
 the faid kirtgdom of England^ and' not derogating from the fecurity above pro- 
 vided, for eftablifliing of the Church of Scotland within the bounds of this klng- 
 doixi. As ,alfo, the laid Parliament of England may extend the additions and 
 other provifidps contained in the articles 0^ Union, as above inferr, in favours 
 pf the fubjefts of Scotland, to and in favours of the fubje<ns of England, which 
 ihall riot fufpfnd or derogate froiA.the fofcq and.effeft of this prefcnt ratification, 
 but ihall, be underftood as herein includedjj withouf the neceffity of any new 
 ratification in the Parliament of Scotland. And, laftly, her majefty enafts and 
 declares, that all laws and flatutes in this kingdum, fo far as they are contrary 
 to, ox inconfiftent with, the terms of thefe Articles as above-mentioned, fhall, 
 froip a.pd after thjeUnion, ceafe and become, yoid.- , 
 
 Fotlo%vs the Exemplification under the Great-Seal of England, of the A5i 
 of the Parliament of that Kingdom^ intituled. An A61: for an Union of 
 "the Two Kingdoms of ENGLAND and SCOTLAND, as the fame was 
 tr.anf flitted to the Parliament of Scotland, and ordered to be recorded. 
 
 NNA,. Dei gratia, Anglie, Scocie, Francie, et Hibernie Reglna, Fidei 
 
 A 
 
 Defenfor, he. Omnibus ad quos prefentes litere pervenerint falutem: 
 Infpeximus quoddam breve nollrum de certiorand. e cur. Cancellar. noftre nuper 
 emanan. dilefto et fideli noflro Matheo Johnfon, Armigero, Clerico Parliamen- 
 torum.noflrorum direft. una cum quodam retorno five indorfaraento in dorfo 
 ejufdem brevis indorfato et inferto in diftam Cancellar. noltram retornatum et in 
 filaciis ibm de recordo refiden. in hec verba, ANNA, Dei Gra. Angl. Scoc. 
 Franc, et Hitinie Pvegina, Fidei Defenfor, 8cc. Diico. fibi Matheo Johnfon, Ar» 
 Clico. Parliamentor. fuor. faltra. Volentes certis de caufis certiorari fuper tenorem 
 cujufdem A(ftus in inftanti Parliamento noftro apud Weflm. fa£t. et ordinat. inti- 
 tulat. "An Aft for an Union of the two Kingdoms of England and Scotland," 
 vobis mandamus quod tenorem A£luspredi^. cum omnibus ill. tangentibus nobis 
 in Cancellar. nram. fub Sigillo vro. diillnfie et aperte fine dilone. mittatis et hoc 
 bre. Tefte meipa. apud Wefim. fexto die Martii anno Rni. nri. quinto. V/righte. 
 Executio hujiis bris. patet in qnad.im fchedula hiiic bri. annex, prout interius 
 mihi prccipitar Math. Jolinfon, Cler. Parliamentor. Infpeximus eiiam fchedu- 
 lain premenconatum continentem tenorem A^tus predi<^. eidemque brevi annex, 
 manu et figillo Mathei Johnfon fignat. et figillat. in Cancellar. nram predi^iani 
 
 filit.
 
 544 
 
 T H ^ TREATY O F U N I O' N, 
 
 filit. rctoniat. et in filaciis ibin. de recordo quoq; refiden. in hec verba: In Parlia- 
 ment, inchoat. apud Weftinonafter. decimo quarto die Junii, anno Domini mil- 
 lofir^^ r..j^L:ii^v:iiLenrao quinto annoque regni fcreniilime One. nre. ANNE, Dei 
 grat. An gl. Scot. Franc, et Hibliie. Regin. Fidei Defenfor, &c. quarto, comtnuni 
 omniu Dnor. tarn Spialiii qnam TemporaJ. et Commuflitis. &c. confenfu et regie 
 T'.Iajeflatis affenfu (inter alia) fa'ccihrni inaftitatum ecftabiliium fuit hocfequensfta- 
 rutum, viz. " An Aft for an Union of the two Kingdoms of England and Sgo€- 
 " land," cujus quidem tenor fequitur in his verbis : MOST GRACIOUS SOVE- 
 REIGN, Whereas Articles of Union were agreed on' the twenty-fecoud day of 
 July, in the fifth j'ear of your Majefties reign, by the Commiffioners nomi- 
 nated on behalf of the kingdoni'of England, under your Majeflies Great Seal of 
 England, bearing dale at Weftminfter the tenth day of April then lad paft, in 
 purfuance of an Aft of Parliametrf made in England, in the third year of yoiir 
 M:ijefties reign; and the Commiffioners nominated on the brhalf of the king- 
 dom of Scotland, under your Majefties Great Seal of Scotland, bearing date the 
 twenty-feventh day of February, in the fourth year of your Majefties reign, in 
 purfuance of the fourth Aft of the tliird feffion of the prefent Parliament of 
 Scotland, to treat of and concerning an Union of the faid kingdoms: and 
 whereas an Aft hath pafled in the Parliament of Scotland, at Edinburgh, the 
 fixteenth day of January, in the fifth year of your Majefties reign, wherein -'tis 
 mentioned, that the Eftates of Parliament, confidering the faid Articles of Union 
 of the two kingdoms, had agreed to and approved of the faid Articles of Union, 
 with fome additions and explanations ; and that your Majeily, with advice atid 
 confent of the Eftates of Parliament, for eftablifhing the Proteflant Religion, 
 and Prefbyterian Church Government within the kingdom of Scotland, had 
 palFed in the fame Seffion of Parliament, an Aft, intituled, " Aft for fecurihgof 
 " the ProteftanC Pv.eligIon and Prefbyterian Church Government," which, by the 
 .tenor thereof, was appointed to be inferred jn an Aft ratifying the Treaty, and 
 cxprefly declared to be a fundamental and eflential condition of the faid Treaty 
 or Union in all times coming, the tenor of which Articles, as ratified and 
 approved of, with additions and explanations, by the faid Aft of Parliament of 
 Scotland, follows ; 
 
 Article i. That the two kingdoms of England and Scotland fhall, upon the 
 firft day of May, which (hall be in the year one thoufand feven hundred and feven, 
 and for ever after, be united into one kingdom, by the name of GREAT- 
 BRITAIN ; and that the Enfigns Armorial of the faid United Kingdom be fiich 
 as her Majcfty fhall appoint, and the Crofles of St. George and St. Andrew be 
 conjoined in fuch manner as her Majclly fhall think fit, and ufed in all flaggs, 
 banners, flandards, and cnfigns, l^oth at fea and land. 
 
 Article
 
 AS EXEMPLIFIED IN ENGLAND. 543 
 
 Article 2. That the fuccefnon to the Monarchy of the United Kingdom 
 of Great Britain, and of tlie dominions thereto belonging, after her nioft 
 facred MajtHy, and in default of iffue of her Mujclly, be, remaiii, and 
 continue, to the mofl: excellent Princefs Sophia, EledtorefG and Dutchcfs 
 Dowager of Hanover, and the heirs of her body, being Proteflauts, upon 
 whom the Crown of England is fettled by an aifl of Parliament made ia 
 England, in the twelfth year of the reign of his late Majefly King William 
 the Third, intituled, " Au act: for the further limitation of the Crown, and 
 " better fecuring the rights and liberties of the fubjeft :" and that all Papifts, 
 and perfons marrying Papifls, fhall be excluded from, and for ever 
 incapable to inherit, poflefs, or enjoy the Imperial Crown of Great Britain, 
 and the dominions thereunto belonging, or any part thereof ; and, in every fuch 
 cafe, the Crown and Government (hall, from time to time, defcend to, and be 
 enjoyed by fuch perfon, being a Proteftant, as fliould have inherited and en- 
 joyed the fame, it; cafe fuch Papift, or perfon marrying a Papift, was na« 
 turally dead, according to provifion for the defcent of the Crown of Eng- 
 land, made by another adl of Parliament in England, in the firfl year of the 
 reign of their late Majcflies King William and Queen Mary, intituled, " An Act 
 *' declaring the rights aixl hberties ot the fubjedt, and fettling the fucceiHon of 
 " the Crown." 
 
 Article 3. That the United Kingdom of Great Britain be reprefented by 
 one and the fame Parliament, to be flyled " The Parliament of Great Britain." 
 
 Article 4. That all the fubjei^s of the United Kingdom of Great Britain flial!, 
 from and after the Union, have full freedom and intercourfe of trade and 
 navigation to and from any port or place within the faid United Kingdom, and 
 the dominions and plantations thereunto belonging; and that there be a com- 
 munication of all other rights, privileges and advantages, which do or may 
 belong to the fubjefts of either kingdom, except where it is otherwife exprefiy 
 agreed in thefe Articles. 
 
 Article 5. That all fhips, or vefTels, belonging to herMajedy's fubje<fts of Scot- 
 land at the time of ratifying the treaty of Union of the two kingdoms in the Par- 
 liament of Scotland, though foreign built, be deemed and pafs as (liips of the built 
 of Great Britain : The owner, or, where there are niore owners, one or more of the 
 owners, within twelve months after the firll; of May next, making oath, that, at 
 the time of ratifying the treaty of Union in the Parliament of Scotland, the fame 
 did, in whole or in part., belong to him or them, or to fome other fubjeft or fub- 
 jefts of Scotland, to be particularly named, with the place of their refpedlivc 
 abodes ; and that the fame doth then, at the lime of the faid depofition, wholly 
 belong to him or them ; and that no foreigner, dire^ly or indirectly, hath any ftiare, 
 
 4 A part.
 
 54^ THE TREATY OF UNION, 
 
 parr, or interefl therein j which oath fliall be made before the chief ofEcer or offi- 
 cers of the cuftoms, in the port next to the abode of the faid owner or owners ; 
 and the faid officer, or officers, ffiall be impowered to adminifter the faid oath : and 
 the oath, being fo adminillied, Ihall be atteded by the officer, or officers, who 
 adminiflred the fame ; and, being regirtred by the faid officer or officers, fliall be de- 
 livered to the mafter of the fhip, for fecurity of her navigation ; and the duplicate 
 thereof ffiall be tranfmittcd, by the faid officer or officers, to the chief officer or offi- 
 cers of the Cuftoms in the port of Edinburgh, to be there entered in a Regifter, and 
 from thence to- be fent to the port of London, to be there entered in the general 
 reg^ifter of all trading fiiips belonging to Great Britain. 
 
 Article 6. That all parts of the United Kingdom for ever, from and after the 
 Ur^ion, ffiall have the fame allowances, encouragements, and drawbacks, and be 
 under the fame prohibitions, reftriftions, and regulations of trade, and liable to the 
 fame cuftoms and duties on import and export ; and that the allowances, encourage- 
 ments and drawbacks, prohibitions, reftriclions and regulations ef trade, and the 
 cuftoms and duties on import and export, fettled in England, when the Union com- 
 mences, ffiall, from and after the Union, take place throughout the whole United 
 Kingdom, excepting and referving the duties upon export and import of fuch parti- 
 cular commodities from which any perfons, the fubjecls of either kingdom, are 
 fpecially liberated and exempted by their private rights, which, after the Union> 
 are to remain fafe and intire to them, in all refpefls, as before the fame ; and that, 
 from and after the Union, no Scots cattle carried into England fliall be liable to any 
 other duties, either on the publick or private accounts, than thofe duties to which 
 the cattle of England are or fhall be liable within the faid kingdom. And feeing^ 
 by the kws of England, there are rewards granted upon the exportation of certain 
 kinds of grain, wherein oats grinded or ungrinded are not exprelTed, that, from 
 and after the Union, when oats fhall be fold at fifteen flilllings flerling/>fr quarter, 
 or under, there fliall be paid two ffiillings and fix pence flerling for every quarter of 
 the oatmeal exported in the terms of the law, whereby and fo long as rewards are 
 granted for exportation of other grain, and that the bear of Scotland have the fame 
 rewards as barley. And in refpeft the importation of victual into Scotland, from 
 any place beyond fea, would prove a difcouragement to tillage, therefore, that the 
 prohibition, as now in force by the law of Scotland, againfl importation of victuals 
 from Ireland, or any other place beyond fea into Scotland, do, after the Union, 
 remain in the fame force as now it is, until more proper and effeitual ways be 
 provided by the Parliament of Great Britain, for difcouraging the importation of 
 ihe faid visuals from beyond fea. 
 
 Article 7. That all parts of the United Kingdom be for ever, from and after 
 the Union, liable to the fame cxcifcs upon all cxcifeable liquors, excepting 
 
 only.
 
 AS EXEMPLIFIED IN ENGLAND. 547 
 
 only, that the thirty-four gallons Englifh barrel of beer or ale, amounting to 
 twelve gallons Scots prcfent meafure, fold in Scotland by the brewer at nine 
 (hillings fix pence fterling, excluding all duties, and retailed, including durics 
 and the rftailer's profit, at two pence the Scots pint, or eighth part of the 
 Scots gallon, be not, after the Union, liable, on account of the prefcnt excife 
 upon excifeable liquors in England, to any higher impofition than two {hillings 
 fterling upon the forefaid thirty-four gallons Englifli barrel, being twelve gallons 
 the prefent Scots meafure ; and that the excife fettled in England on all other 
 liquors, when the Union commences, take place throughout the whole United 
 Kingdom. 
 
 Article 8. Thar, from and after the Union, all foreign fait, which fliall be 
 fm*ported into Scotland, fliall be charged, at the importation there, with the fame 
 duties as the like fait is now charged with, being imported into England, and 
 to be levied and fecured in the fame manner. But, in regard the duties of "reat 
 quantities of foreign fait imported may be very heavy upon the merchants importers, 
 ihat therefore all foreign fait imported into Scotland (hall be cellared and locked 
 up under the cuftody of the merchants importers and the officers employed for 
 levying the duties upon fait j and that the merchant may have what quantity 
 thereof his occafion may require, not under a weigh or forty bulhels at a time, 
 giving fecurity for the duty of what quantity he receives, payable in fix months ; 
 but Scotland fhall, for the fpace of feven years from the faid Union, be exempted 
 from paying in Scotland, for fait made there, the duty or excife now payable for 
 fait made in England, but, from the expiration of the faid feven years, fliall be 
 fubjeft and liable to the fame duties for fait made in Scotland, as fliall be then 
 payable for fait made in England, to be levied and fecured in the fame manner, 
 and with proportionable drawbacks and allowances, as in England ; with this ex- 
 ception, that Scotland fliall, after the faid feven years, remain exempted from the 
 duty of two (hillings and four-pence a bufliel on home fait, impofed by an aft 
 fiiade in England in the ninth and tenth of King William the Third of England. 
 And if the Parliament of Great Britain fliall, at or before the expiring of the faid 
 feven years, fubflitute any other fund in place of the faid two fliillings and four 
 ^ence of excife on the bufliel of home fait, Scotland fliall, after the faid feven 
 years, bear a proportion of the faid fund, and have an equivalent in the terms of 
 this treaty : and that, during the faid feven years, there fhall be payed in Eng- 
 land, for all fait made in Scotland, and imported from thence into England, the 
 feme duties upon the importation as fliall be payable for fait made in England, to 
 be levied and fecured in the fame manner as the duties on foreign fait are to be 
 levied and fecured in England. And that, after the faid feven years, as long as 
 the fai<l (Juty of two fl^llings and four-pence a bufliel upon fajt is continued irt 
 
 4 A 2 England,
 
 548 THE TREATY OF UNION, 
 
 EncrlanJ, the faid two fiiilltngs and four pence a bulliel fliall be payable for all 
 hh mnde in Scotland, and imported into England, to be levied and fecured in the 
 fame manner ; and that, during the continuance of the duty of two fhiliings and 
 four-penee a bufliel upon fait made in England, no fait whatfoever be brought 
 from Scotland to Englamd by land in any manner, under the penalty of forfeiting 
 the fait, and the cattle and carriages made ufe of in bringing the fame and pay- 
 ino- twenty Hidiings for every budiel of fuch fait, and proportionably for a greater 
 or lefler quantity ; for which the carrier, as well as the owner, fhall be liable 
 jointly and fevci-ally, and the perfons bringing or carrying the fame, to be im- 
 prifoned By any one juftice of the peace by the fpace of fix months, without bail, 
 and until the penalty be payed. And, for efl:abli(hing an equality in trad^, that 
 all flefli exported from Scotland to England, and put on board in Scotland, to 
 be exported to parts beyond the feas, and provilion for fliips in Scotland, and 
 for foreign voyages, may be falted with Scots fait, paying the fame duty for 
 what fait is fo employed as the like quantity of fuch fait pays in England, and 
 under the fame penalties, forfeitures and provifions, for preventing of frauds, a* 
 are rnentioned in the laws of England : And that, from and after the Union, the 
 laws and afts of parliament in Scotland, forpineing, curing, and packing of her- 
 rings, white fifh, and falmond, for ei'portation with foreign fait only, without any 
 mixture of Britilli or Irilli fait, and for preventing of frauds in curing and packing 
 of filb, be continued in force in Scotland, fubje£l to fuch alterations as fhall be 
 made by the Parliament of Great Britain ; and that all fifh exported from Scot- 
 }and to parts beyond the feas, which fliall be cured with foreign fait only, and 
 without mixture of Britirti or Irifh fait, fliall have the fame eafes, prsmiums, and 
 draw-backs, as are or fliall be allowed to fuch perfons as export the like fifh from 
 England : and that, for encouragement of the herring fifliing, there fliall be 
 allowed and payed to the fubjefts, inhabitants of Great Britain, during the prefent 
 allowances for other fifli, ten fliillings and five pence fterling for every barrel 
 of white herrings which fhall be exported fi-om Scotland ; and that there fliall be 
 allowed five fliillings fterling for every barrel of beef or pork falted with foreign 
 f-ilt, without mixture of Britifli or Irifli fait, and exported for fale from Scotland 
 to parts beyond fea, alterable by the Parliament of Great Britain. And if any 
 matters of fraud relating to the faid duties on fait fhall hereafter appear, which 
 are not fufficiently provided againfl: by this article, the fame fliali be fubje£l to 
 fuch further provifions as fliall be thought fit liy the Parliament of Great Britain, 
 Article g.That, whenfoever thefumof one million nine hundred ninety-feven thou, 
 fand, feven hundred and fixty-three pounds, eight fliillings and four-pence half- 
 penny, fliall be enafted by the Parliament of Great Britain, to be raifed in that part 
 of the united kingdom now called England, on land, and other things ufually charged 
 
 io
 
 AS EXEMPLIFIED IN ENGLAND. 5^9 
 
 in a£ts of parliament there, for granting an aid to the Crown by a laivl tax, that pzn 
 of the United Kingdom now called Scotland fhall be charged, by the fame a£l, 
 with a further fum of forty-eight thoufand pounds free of all charges, as the quota 
 of Scotland to fuch tax, and fo proportionally for any greater or lefTer fum raifed 
 in England by any tax on land, and other things ufually charged together with 
 the land ; and that fuch quota for Scotland, in the cafes aforefaid, be raifed and 
 coUefted in the fame manner as the cefs now is in Scotland ; but fubjcift to fuch 
 regulations, in the manner of colleding, as (hall be made by the Parliameut of 
 Great Britain. 
 
 Article 10. That, during the continuance of the refpeftive duties on 
 flampt paper, vellum, and parchment, by the feveral a£ls now in force in England, 
 Scotland fliall not be charged with the fame refpeflive duties. 
 
 Article 11. That, during the continuance of the duties payable in England on 
 windows and lights, which determine on the firft day of Augufl:, one thoufand 
 feven hundred and ten, Scotland fliall not be charged with the fame duties. 
 
 Article 12. That, during the continuance of the duties payable in England oa 
 coals, culm, and cinders, which determines the thirtieth day of September, one 
 thoufand feven hundred and ten, Scotland fliall not be charged therewith for 
 coals, culm, and cinders, confumed there; but fliall be charged with the fame 
 duties as in England for all coal, culm, and cinders, not confumed in Scotland. 
 
 Article 13. That, during the continuance of the duty payable in England upon 
 malt, which determines the twenty-fourth day of June, one thoufand feven hun- 
 dred and feven, Scotland fliall 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 thofe con- 
 fented to in this treaty, in regard it is agreed, that all necelTary provifion Ihall 
 be made by the Parliament of Scotland for the publick charge and fervice of thatr 
 kingdom, for the year one thoufand feven hundred and feven ; provided, never- 
 thelefs, that, if the Parliament of England fliall think fit to lay any further ira- 
 pofitions, by way of cufl;oms, or fuch excifes, with which, by virtue of this 
 treaty, Scotland is to be charged equally with England, in fuch cafe, Scotland 
 ihall be liable to the fame cufloms and excifes, and have an equivalent to be 
 fettled by the Parliament of Great Britain ; with this further provifion, that any 
 malt, to be made and confumed in that part of the United Kingdom now called 
 Scotland, fliall not be charged with any impofuion on malt during this prefent 
 war; and feeing it cannot be fuppofed that the Parliament of Great Britain will 
 ever lay any fort of burdens upon the United Kingdom but what they fhall find 
 of necefllty at that time for the prefervation and good of the whole, and with due 
 regard to the circumltances and abilities of every part of llie United Kingdom . 
 
 therefore
 
 550 THE TREATY OF UNION, 
 
 therefore it is agreed, that there be no further exemption infixed upon for any 
 ^art of the United Kingdom ; but that the confideration of any exemptions, beyond 
 what arc already agreed on in this treaty, fliall be left to the determination of 
 •yhe Parliament of Great Britain. 
 
 Article 15. That whereas, by the terms of this treaty, the fubjefts of Scotland, 
 for preferv'ing an equality of trade throughout the United Kingdom, will 
 be liable to feveral cuftoms and excifes now payable in England, which will 
 be applicable towards payment of the debts of England, contracted before 
 the Union ; it is agreed, that Scotland (hall have an equivalent for what the 
 fubj efts thereof (hall be fo charged towards payment of the faid debts of Eng- 
 land in all particulars whatfoever, in manner following, viz. That, before the 
 Union of the faid kingdcffls, the fum of three hundred ninety-eight thoufand and 
 eighty-five pounds ten (hillings be granted to herMajefty, by the Parliameht of 
 England, for tlie ufes after-mentioned, being the equivalent to be anfwered to Scot- 
 land, for fuch parts of the faid cuftoms and excifes upon all excifeable liquors, 
 with which that kingdom is to be charged upon the Union, as will be applicable 
 to the payment of the faid debts of England, according to the proportions which 
 the prefent cuftoms in Scotland, being thirty thoufand pounds per amimif do bear 
 to the cuftoms in England, computed at one million three hundred forty-one 
 thoufand five hundred and fifty-nine pounds per annum, and which the prefent 
 excifes on excifeable liquors in Scotland, being thirty-three thoufand and five 
 hundred pounds per annum, do bear to the excifes on excifeable liquors in Eig- 
 land, computed at nine hundred forty-feven thoufand fix hundred and two pounds 
 per annum, which fum of three hundred ninety-eight thoufand eighty-five pounds 
 ten (hillings fliall be due and payable from the time of the Union : And in re- 
 gard that, after the Union, Scotland becoming liable to the fame cuftoms and 
 duties payable on import and export, and to the fame excifes on all excifeable 
 liquors as in England, as well upon that account, as upon the account of the in- 
 creafe of trade and people (which will be the happy confequence of the Union), 
 the faid revenues will much improve beyond the before-mentioned annual values 
 thereof, of which no prefent eftimate can be made ; yet neverthelefs, for the 
 reafons aforefaid, there ought to be a proportionable equivalent anfwered to 
 Scotlaud ; it is agreed, that, after the Union, there fhall be an account kept of 
 the faid duties arifing in Scotland, to the end it may appeaf what ought to be 
 anfwered to Scotland as an equivalent for fuch proportion of the faid increafe 
 as fliall be applicable to the payment of the debts of England. And, for the fur- 
 ther and more cffeftual anfwering the feveral ends hereafter-mentioned, it is 
 agreed, that, from and after the Union, the whole increafe of the revenues of 
 cuftoms and duties on import and export, and cxcife upon excifeable liquors in 
 6 Scotland^
 
 AS EXEMPLIFIED IN ENGLAND. .551 
 
 Scotland, over and above the annual produce of the faid rcfpciftive duties as 
 above flated, fliall go and be applied, for the term of feven yeacs, to the ufcs 
 hereafter-mentioned, and that, upon the faid account, there fhall be anfwered to 
 Scotland annually, from the end of fevcn years after the Union, an equivalent 
 in proportion to fuch part of the faid increafe as fhall be applicable to the debts 
 of England ; and, generally, that an equivalent Ihall be anfwered to Scotland for 
 fuch parts of the Englifli debts as Scotland may hereafter become liable to pay 
 by reafon of the Union, other than fuch for which appropriations have bece 
 made by Parliament in England, of the cuftoms or other duties on export 
 and import, excifes on all excifeable liquors, in refpeft of which debts, equiva- 
 lents are herein before provided : And as for the ufes, to which the faid fum of 
 three hundred ninety-eight thoufand eighty-five pounds ten (hillings to be granted 
 as aforefaid, and all other moneys which are to be anfwered or allowed to Scot- 
 land as aforefaid, are to be applied ; it is agreed, that in the firft place, out of the 
 forefaid fum, what confideration fliall be found neceffary to be had for any loifes 
 which private perfons may fuftain, by reducing the coin of Scotland to the 
 ftandart and value of the coin of England, may be made good : in the next 
 place, that the capital flock or fund of the African and Indian Company of Scot- 
 land advanced, together with the interefl; for the faid capital flock after the rate 
 of five per cent, per annwn, from the refpedtive times of the payment thereof, fliall 
 be payed ; upon payment of which capital flock and interefl, it is agreed the faid 
 Company be difl"olved and ceafe ; and alfo, that, from the time of pafling the 
 aft of Parliament in England, for raifing the faid fum of three hundred ninety- 
 eight thoufand eighty-five pounds ten fiiillings, the faid Company fliall neither 
 trade, nor grant licence to trade, providing, that, if ihe faid flock and Interefl: 
 fhall not be payed in twelve months after the commencement of the Union, that 
 then the faid Company may, from thenceforeward, trade, or give licence to 
 trade, until the faid whole capital flock and interefl fliall be payed : and as to the 
 overplus of the faid fum of three hundred ninety-eight thoufand eighty-five 
 pounds ten fliillings, after payment of what confiderations fliall be had for lofles- 
 in repairing the coin, and paying the faid capital flock and interefl, and alfo the 
 whole increafe of the faid revenues of cufloms, duties, and excifes, above the prefent 
 value, which fliall arife in Scotland, during the faid term of feven years, together 
 with the equivalent which fliall become due upon the improvement thereof ire 
 Scotland after the faid term ; and alfo, as to all other fums, which, according to 
 the agreements aforefaid, may become payable to Scotland by way of equivalent 
 for what that kingdom ftiall hereafter become liable towards payment of the debt 
 of England ; it is agreed, that the fame be applied in manner following, viz^ 
 That all the publick debts of the kingdom of Scotland, as fliall be adjuiled by this 
 
 prefsnt
 
 552 T H E T R E A T Y O F U N I O N, 
 
 prefent rarliament, (liall be payeJ ; and that two thoufiuid pounds /t-r <7;;;.'«;;;, for 
 the fpace of feven years, fliall be applied towards encouraging and promoting 
 the manufa(flure of coarfc wooll within thofe fhires which produce the wooll, 
 and that the firfl; two thoufand pounds flerling be payed at Martinmafs next, and 
 fo yearly at Martinmafs during the fpace forefaid ; and, afterwards, the fame fhall 
 be wholly applied towards the encouraging and promoting the fifhcries, and fuch 
 Other manufaftures and improvements in Scotland as may mofl: conduce to the 
 general good of the United Kingdom. And it is agreed, that her Majefty be im- 
 powered to appoint Commiffioners, who fhall be accountable to the Parliament of 
 Great Britain, for difpofing the faid fum of three hundred ninety-eight thoufand 
 and eighty-five pounds ten fhillings, and all other moneys which fliall arife to 
 Scotland upon the agr ments aforefaid, to the purpofes before-mentioned; which 
 CommifTioners fhall be impowered to call for, receive, and difpofe of, the faid 
 moneys in manner aforefaid, and to infpeft the books of the feveral Colleftors of 
 the faid revenues, and of all other duties from whence an equivalent may arife j 
 and that the Colleftors and Managers of the fliid revenues and duties be obliged 
 to give to the faid CommifTioners fubfcribed authentick abbreviates of the produce 
 of fuch revenues and duties arifing in their refpeftive diftrifts; and that the faid 
 Commiffioners fhall have their office within the limits of Scotland, and fhall in 
 fuch office keep books, containing accounts of the amount of the equivalents, 
 and how the fame Qiall have been difpofed of, from time to time, which may be 
 infpefled by any of the fubjefls who fhall defire the fame. 
 
 Article i6. That, from and after the Union, the coin fhall be of the fame 
 ilandart and value throughout the United Kingdom as now in England, and a 
 mint fhall be continued in Scodand under the fame rules as the mint in Eng- 
 land ; and the prefent officers of the mint continued, fubjeft to fuch regulations 
 and alterations as her Majefty, her heirs or fucceflbrs, or the Parliament of Great 
 Britain, fhall think fit. 
 
 Article 1 7. That, from and after the Union, the fame weights and mcafures (ball 
 be ufed throughout the United Kingdom, as are now eftablilhed in England ; and 
 ftandarts of weights and meafures (hall be kept by thofe burghs in Scotland, to 
 whom the keeping the (^andarts of weights and meafures, now in ufe there, does 
 of fpecial right belong ; all which (landarts fliall be fent down to fuch refpeftive 
 burghs, froiu the flandarts kept in the Exchequer at Weftminfter, fubje£^ never- 
 thelcfs to fuch regulations as the Parliament of Great Britain lliall think fit. 
 
 Article 18. That the laws concerning regulation of trade, culbms, and fuch 
 excjfes, to which Scotland is, by virtue of this treaty, to be liable, be the fame 
 in Scotland, from and after the Union, as in England ; and that all other laws, 
 in ufe within the kingdom of Scotland, do, after the Union, and notwithftanding 
 Xhcreof, remain in the fame force as before (except fuch as are contrary to, or 
 
 inconfiftcnt
 
 AS EXEMPLIFIED IN ENGLAND. 5S3 
 
 inconfiftcnt with this trenty), but alterable by the Parliament of Great Bii:;i!i-.» 
 with this difFerence betwixt the laws concerning publick lighf, policy, and civil 
 •government, and thofe which concern private riglit, that the laws which concern 
 pul)lick right, policy, and civil government, may be made the fame throughout the 
 whole United Kingdom, but that no alteration be made in laws which concha 
 private right, except for evident utility of the fubjeift within Scotland. 
 
 Article 19. That the Court of Seffion, or College of JaRice, do, after 
 the Union, and notwithftanding thereof, remain in all time coming within 
 Scotland as it is now conllituted by the laws of that kingdom, and wiih the 
 fame authority and privileges as before the Union, fubje^l neverthclefa to 
 fuch regulations, for the better adminiftration of judice, as fhall be made 
 by^the Parliament of Great Britain; and that hereafter none flrall be named 
 by her Majeftv, or her royal fucceflbrs, to be ordinary Lords of Seilion, 
 but fuch who have ferved in the College of Juftice as Advocates, or principal 
 Clerks of Seffion, for the fpace of five years, or as Writers to the Signet, for the 
 •fpace of ten years, with this provifion, that no Writer to the Signet be capable 
 to be admitted a Lord of the Seffion, unlefs he undergo private and publick; 
 tryal on the civil law before the Faculty of Advocates, and be found by them 
 tjualified for the faid office, two years before he be named to be a Lord of the 
 Seffion, yet fo as the qualifications made, or to be made, for capacitating per- 
 fons to be named Ordinary Lords of Seffion, may be altered by the Parlia- 
 ment of Great Britain. And that the Court of Jufliciary do alfo, after the 
 Union, and notwithftanding thereof, remain, in all time coming, within Scot- 
 land, as it is now conllituted by the laws of that kingdom, and with the fame 
 authority and privileges as before the Union, fubjeft neverthelefs to fuch re- 
 gulations as fhall be made by the Parliament of Great Britain-, and without 
 prejudiceof other rights of jufticiary : And that all Admiralty jurifdiftions be 
 under the Lord High Admiral, or Commiffioners for the Admiralty, of Great Britain 
 for the time being ; and that the court of Admiralty now eftablifked in Scotland 
 be corttinued; and that all reviews, redu^ions, or fufpenfions of the fcntences in 
 maritime cafes, competent to the jurifdidtion of that court, remain in the fame 
 manner after the Union as now in Scotland, until the Parliament of Great Britain 
 Ihall make fuch regulations and alterations as fliall be judged expedient for the 
 ■whole United Kingdom ; fo as there be alwife continued in Scotland a Court of 
 Admiralty, fuch as in England, for determination of all maritime cafes relating 
 to private rights in Scotland competent to the jurifdiftion of the Admiralty 
 Court, fubjeft neverthefs to fuch regulations and alterations as fhall be thought 
 proper to be made by the Parliament of Great Britain ; and that the heretnble 
 rights of Admiralty, and Vice-Admiralties, in Scotland, be referved to the re- 
 
 4 B fpeftire
 
 554 T fl E T R E A T Y O F U N I O N, 
 
 fpcclive proprietors as rights of property, fubjcfl neverthelefs, as to the mnnner 
 of exercifing fuch heretable rights, to fuch regulations and alterations as fliall 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 fiibjeft 
 . to alterations by the Parliament of Great Britain : And that all inferior courts within 
 the faid limits do rem.ain fubordinate, as they are now, to the fupreme courts of 
 juftice within the fame, in all time coming ; and that no caufcs in Scotland be cog- 
 nofcible by the Courts of Chancery, Queen's Bench, Common I'leas, or any other 
 court in Weftminfter-hall ; and that the faid courts, or any other of the like na- 
 ture, after the Union, fhall have no power to cognofce, review, or alter the afls 
 or fenrences of the judicatures within Scotland, or ftop the execution of the fame ; 
 and that there be a Court of Exchequer in Scotland, after the Union, for decid- 
 ing queftions concerning the revenues of Cuftoms and Excifcs there, having the 
 fame power and authority in fuch cafes as the Court of Fjcchequer has in Eng.- 
 land ; and that the faid Court of Exchequer iu Scotland have power of paffing 
 fignatures, gifts, tutories, and in other things, as the Court of Exchequer at pre- 
 fent in Scotland hath; and that the Court of Exchequer that now is in Scotland 
 do remain, until a new Court of Exchequer be fettled by the Parliament of Great 
 Britain iu Scotland after the Union : And that, after the Union, the Queen's 
 Majefty and her royal fuccefibrs may continue a Privy Council in Scotland, 
 for preferving of publick peace and order, until the Parliament of Great Bri- 
 tain fhall think fit to alter it, or eflablilh any other effeftual method for that 
 end» 
 
 Article 20. That all heretable offices, fuperiorities, heretable jurifdiflionj, 
 offices for life, and jurifdiflions for life, be referved to the owners thereof, as 
 rights of property, in the fame manner as they are now enjoyed by the laws of 
 Scotland, Botwithftanding this Treaty. 
 
 Article 21. That the rights and privileges of the royal burghs in Scotland, 
 as they now are, do remain entire after the Union, and notwithftanding 
 thereof. 
 
 Article 22. That, by virtue of this Treaty, of the Peers of Scotland at 
 the time of the Union, fixteen fhall be the number to fit and vote in the 
 Houfe of Lords, and forty- five the number of the reprefentatives of Scot- 
 land in the Houfe of Commons of the Parliament of Great Britain: And that, 
 when her Majefty, her heirs or fuccefl"ors, fliall declare her or their plcafure for 
 holding the firfl: or any fubfcquent Parliament of Great Britain, until the Parlia- 
 ment of.Great Britain fhall make further provifion therein, a writ do ifTue under 
 the Great-fcal of the United Kingdom, directed to the Privy Council of Scotland, 
 cominanding them to caufc fixteen Peers, who are to fu in the Houfe of 
 
 Lords,
 
 AS EXEMPLIFIED IN ENGLAND. $;^ 
 
 Lords, to be fummoncd to Parliament, and forty-five Members to be cleded to 
 fit in the Houfe of Commons of the Parliament of Great Britain, according to 
 the agreement in this Treaty, in fuch manner as by an aft of this preOjnt 
 fefllon of the Parliament of Scotland is or fliail be fettled ; which a£t is hereby 
 declared to be as valid as if it were a part of, and ingroffed in, this treaty i and 
 rhat the names of the perfons, fo fummoned and elefted, (hall be returned by the 
 Privy Council of Scotland into the court from whence the faid writ did iffue; 
 and that if her Majefly, on or before the firfl: day of May next, on which day 
 the Union is to take place, fliall declare, under the Grcat-feal of England, that it 
 is expedient, that the Lords of Parliament of England, and Commons of thepre- 
 fent Parliament of England, (hould be the Members of the refpefliveHoufes of the 
 firfl Parliament of Great Britain, for and on the part of England, then the faid 
 Lords of Parliament of England, and Commons of the prcfcnt Parliament of Eng- 
 land, fliall be the Members of the refpeflive Houfes of the firft Parliament of 
 Great Britain, for and on the part of England : And her Majefly may, by her 
 royal proclaitiation under the Great-feal of Great Britain, appoint the h\d firfl 
 Parliament of Great Britain to meet at fuch time and place as her Majefly fliall 
 think fit, which time fliall not be lefs than fifty days after the date of fuch pro- 
 clamation ; and the time and place of the meeting of fuch Parliament being fo 
 appointed, a writ (hall be immediately ifl'ued, under the Great- feal of Great 
 Britain, direfted to the Privy Council of Scotland, for the fummoning the fixteea 
 Peers, and for elefting forty-five Members, by whom Scotland is to be repre- 
 fented in the Parliament of Great Britain ; and the Lords of Parliament of England, 
 andthefixteen Peers of Scotland, fuch fixteen Peers being fummoned and returned 
 in the manner agreed in this Treaty, and the Members of the Houfe of Com- 
 mons of the faid Parliament of England, and the forty-five Members for Scotland, 
 fuch forty-five Members being elefted and returned in the manner agreed in this 
 Treaty, fhall afTemble and meet refpeftively in their refpeftive Houfes of the Parlia- 
 TOcnt of Great Britain, at fuch time and place as fhall be fo appointed by her Majefty, 
 and fhall be the two Houfes of the firfl Parliament of Great Britain; and that Par- 
 liament may continue for fuch time only as the prefent Parliament of England might 
 have continued, if the Union of the two kingdoms had not been made, unlefs 
 fooner difT^lved by her Majefty. And that every one of the Lords of Parliament 
 of Great Britain, and every Member of the Houfe of Commons of the Parliament 
 of Great Britain, in the firfl and all fucceeding Parliaments of Great Britain, un- 
 til the Parliament of Great Britain fhall otherways direft, fhall take the refpec- 
 tive oaths appointed to be taken, inftead of the oaths of Allegiance and Su- 
 premacyj by an adl of Parliament made in England, in thefiift year of the reign 
 of the late King William and Queen Mary, intituled, *' An aft for the abrogat- 
 
 4 B 2 *' ing
 
 ^^S THETREATrOFUNIOlT, 
 
 •* itigof die oaths of Supremacy and Allegiance, and appointing other oatlis ;" 
 and make, fLibfcribe, and audibly repeat, the declaration mentioned in an aft of 
 J'arliament made in England, in the thirtieth year of the reign of King Charles 
 the Secoird, intituled, " An act for the more cffeftual preferving the King'* 
 " pcrfon and government, by difabling Papifts from fitting \u either Houfe of 
 *' Parliament ;" and fliall take and fubfcribe the oath mentioned in an adl of Par- 
 liament made in England, in the firfl year of her Alajefly's reign, intituled, 
 " An aft to declare the alterations in the oath appointed to be taken by the aft, 
 " intituled. An aft for the further fecurity of his Majefty^s perfon, and the 
 " fuccfffion of the Crown in the Protellant line, and for extinguiftiing the hopes 
 " of the pretended Prince of Wales, and all other pretenders, and their open 
 *' and fecret abettors, and for declaring the Affociation to be determined ;" at 
 fuch time, and in fuch manner, as the members of both Houfes of Parliament of 
 England are, by the faid refpeftive afts, direfted to take, make, and fubfcribe 
 the fame, upon the penalties and difabilities in the faid refpeftive afts con- 
 tained. And it is declared and agreed, that thefe words,, " This realm, the crown 
 " of this realm^ and the Queen of thb realm," mentioned in the oaths and decla- 
 ration contained in the aforefaid afts, which were intended to fignify the crown 
 and realm of England, fhall be underftood of the crown and realm of Great 
 Britain ; and that, in that fenfe, the faid oaths and declaration be taken and fub- 
 fcribed by the Members of both Houfes of the Parliament of Great Britain* 
 Article 23. That the forefaid ftsteen Peers of Scotland, mentioned, in the laft 
 preceding article, to fit in the Houfe of Lords of the Parliament of Great Britainj, 
 ftiall have all privileges of Parliament which the Peers of England nwv have, and 
 which they, or any Peers of Great Britain, {hall have after the Union, and parti- 
 cularly the right of fitting upon the trials of Peers : and, in cafe of the trial of 
 any peer in time of adjournment or prorogation of Parliament, the faid fixteea 
 Peers fliall be fummoned in the fame manner, and have the fame powers and pri- 
 vilcf^es at fuch trial, as any other Peers of Great Britain. And that in cafe any 
 trials of Peers fiiall hereafter happen when there is no Parliament in being, the 
 fisteen Peers of Scotland, who fate in the lafl preceding Parliament, fliall be 
 fummoned in the fame manner, and have the fame powers and privileges at fuch 
 trials, as any other Peers of Great Britain. And that all Peers of Scotland, and 
 their fucceflbrs to their honours and dignities, fliall, from and after the Union, 
 be Peers of Great Britain, and have rank and precedency next and immediately 
 after the peers of the like orders and degrees in England, at the time of the Union, 
 and before all Peers of Great Britain, of the like orders and degrees, who may 
 be created after the Union, and fliall be tried as Peers of Great Britain, and fliall 
 enjoy all privileges of Peers as fully as the Peers of England do uow, or as they 
 6 or
 
 AS EXEMPLIFIED IN ENGLAND. 557 
 
 or any other Peers of Great Britain may hereafter enjoy the fame, except the 
 right and privilege of fating in tlje Houfe of Lords, and the privileges depending 
 thereon, and particularly the right of fitting upon the trials of Peers. 
 
 Article 24. That, from and after the Union, there be one Gnat-feal for 
 the United Kingdom of Great Britain, which (hall be different from the Great- 
 feal now ufed 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 bed fuit the Union, be left to her Majefty ; and that, in the mean 
 time, the Gieat-f al of England be ufed as the Great-feal of the United 
 Kingdom, and that the Gi eat-feal of the United Kingdom be ufed for fealing 
 writs to eleft and fumraon the Parliament of Great Britain, and for fealing all 
 treaties with foreign princes and flates, and all publick afts, inftruments, 
 and orders of ftate, which concern the whole United Kingdom, and tn all other 
 matters relating to EnglanJ, as the Grear-feal of England is now ufed ; and 
 that a feal in Scotland, after the Union, be always kept and made ufe of 
 in all things relating to private rights or grants, which have ufually pafTed the 
 Great-feal of Scotland, and which only concern offices, grants, commiffions, and 
 private rights, within that kingdom ; and that, until fuch feal (hall be appointed 
 by her Majefty, the prefent Great-leal of Scotland Ihall be ufed for fuch pur- 
 pofes ; and that the Privy-feal, Signet, Caflet, Signet of the Judiciary Court, 
 Quarter-feal, and feals of courts now ufed in Scotland, be continued ; but that 
 the faid feals be altered, and adapted to the flate of the Union, as her Majefty 
 fliall think fit ; And the faid feals, and all of them, and the keepers of them, (hall 
 be fubje<ft to fuch regulations as the Parliament of Great Britain fliall hereafter 
 make : And that the crown, fceptre, and fword of flute, the records of Parlia- 
 ment, and all other records, rolls and regiflers whatfoever, 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 calleci Scotland, and that 
 they fhall fo remain in all times coming, notwithflanding the Union. 
 
 Article 25. That all laws and flatutes in either kingdom, fo far as they are con- 
 trary tOj or inconfiflent with, the terms of thefe articles, or any one of them,, 
 Ihall, from and after the Union, ceafe and become void, and fliall be fo declared 
 to be by the refpe£live Parliaments of ihe Lid kingdoms, as by the faid Articles 
 of Union ratified and approved by the faid aft of Parliament of Scotland, re- 
 lation thereunto being had, may appear ; and the tenor of the aforefaid a<ft, for 
 fecuring the Proteftant religion and Preflsyterian Church Government within the 
 kingdom of Scotland, is as follows^ 
 
 OUR SOVEREIGN LADY, and the Eftates of Parliament, confidering, that, 
 by the late Ait of Parliament for a Treaty with England, for an Union of both 
 
 kingdcms.
 
 5^8 T H E T R E A T Y O F U N I O N, 
 
 kingdoms, it is provided, that the CommifTioners for that Treaty fliould not treat 
 of or concerning any alteration of the Wirihip, Difcipiine, and Government 
 of the Church of this kingdom, as now by law eftablifhed, which Treaty being 
 now reported to the Parliament, and it being reafonable and necefl'ary, that the 
 true Proteftant Religion, as prefently profeffed within this kingdom, with the 
 \"\''orniip, Difcipiine, and Government of this Church, fliould be etfeftually and 
 unalterably fecured; therefore her Majefty, with advice and confent of the 
 faid Eflates of Parliament, doth hereby eftablilli and confirm the faid true Pro- 
 teftant Religion, and the Worfliip, Difcipiine, and Government of this Church, 
 to continue without any alteration to the people of this land in all fucceeding 
 generations ; and more efpecially, her Majefly, with advice and confent aforefaid, 
 ratifies, approves, and for ever confirms, the fifth Afl of the firfl: Parliament of 
 King William and Queen Mary, intituled, " Aft ratifying the Confeffion of 
 *' Faith, and fettling Prefbyterian Church Government," with all other Ads of 
 Parliament relating thereto, in profecution of the declaration of the Eftates of 
 this kingdom, containing the claim of right, bearing date the eleventh of April, 
 one thoufand fix hundred and eighty-nine ; and her Majefl:y, with advice and 
 confent aforefaid, exprefly provides and declares, that the foreHiid true Protefl:ant 
 Religion, contained in the above-mentioned Confefiion of Faith, with the form 
 and purity of Worfhip prefently in ufe within this Church, and its Prefbyterian 
 Church Government and Difcipiine, that is to fay, the Government of the 
 Church by Kirk Seffions, Prefbyteries, Provincial Synods, and General AfTem- 
 blies, all eftablifhed by the forefaid Afls of Parliament, purfuant to the claim 
 of right, fhall remain and continue unalterable ; and that the faid Prefbyterian 
 Government fliall be the only Government of the Church within the kingdom of 
 Scotland. And further, for the greater fecurity of the forefaid Proteftant Reli- 
 gion, and of the WorQiip, Difcipiine, and Government of this Church as above 
 eftabliflied, her Majefly, with advice and confent forefaid, ftatutes and ordains, 
 that the Univerfities and Colleges of St. Andrew's, Glafgow, Aberdeen, and 
 Edinburgh, as now eftablifiied by law, fhall continue within this kingdom for 
 ever. And that, in all time coming, no ProfefTors, Principals, Regents, Mafiers, 
 or others, bearing office in any Univerfity, College or School, within this king- 
 dom, be capable, or be admitted or allowed to continue in the exercife of their 
 faid funftions, but fuch as (hall own and acknowledge the Civil Government in 
 manner prefcribed, or to be prefcribed by the AS.s of Parliament. As alfo, 
 that before, or at their admiffions, they do and fhall acknowledge and profefs, 
 and fhall fubfcribe to the fortfaid Confeffion of Faith, as the Confefiion of their 
 Faiih ; and that they will praftife and conform themfelves to the Worfhip pre- 
 fently in ufe in this Church, and fubmit themfelves to the Government and Difci- 
 piine
 
 AS EXEMPLIFIED IN ENGLAND. 559 
 
 pline thereof, and never endeavour, direftly or indirectly, the prejudice or fubver- 
 lion of the fame; and that before the refpeftive Prcfbytcries of tlieir bounds, by 
 whatfoever gift, prefentation, or provifion, they may be thereto provided. And 
 further, her Majefly, with advice aforefaid, exprcfly declares and ftatutcs, that 
 none of the fubjccis of this kingdom fliall be liable to, but all and every one of 
 them for ever free of any oath, tefl, or fubfcription, within this kingdom, con- 
 'trary to, or inconfillent with, the forefaid true Proteftant Religion and Prefbyie- 
 rian Church Government, Worfhip, and Difcipline, as above eftabliflied ; and 
 that the fame, within the bounds of this Church and Kingdom, fliall never be 
 impofed upon, or required of them in any fort. And, laftly, that, after the 
 deceafe of her prefent Majefty (whom God long preferve !) the Sovereign fuc- 
 ceeding to her in the Royal Government of the kingdom of Great-Britain fhall, 
 in all time coming, at his or her acceffion to the Crown, fwear and fubfcribe, 
 that they fliall inviolably maintain and preferve the forefaid Settlement of the 
 true Proteftant Religion, with the Government, Worfliip, Difcipline, Right, 
 and Privileges of this Church, as above eftabliflied by the laws of this kingdom, 
 in profecution of the claim of right. And it is hereby ftatute and ordained, 
 that this Aft of Parliament, with the eftablidiment therein contained, fhall be 
 held and obferved, in all times coming, as a fundamental and effential condition of 
 any Treaty or Union to be concluded betwixt the two kingdoms, without any 
 alteration thereof, or derogation thereto, in any fort, for ever. As alfo, that 
 this Act of Parliament, and Settlement therein contained, Ihall be infert and 
 repeated in any A61 of Parliament that Ihall pafs, for agi-eeing and concluding 
 the forefaid Treaty or Union betwixt the tvvo kingdoms ; and that the fame 
 fhall be therein exprcfly declared to be a fundamental and effential condition of 
 the faid Treaty or Union, in all time coming. WHICH APvTICLKS OF 
 UNION, and Afl immediately above-written, her Majeffy, with advice and 
 confent forefaid, flatutes, enafts and ordains to be, and continue, in all time 
 coming, the fure and perpetual foundation of a compleat and intire Union of 
 the two kingdoms of Scotland and England, under the exprefs condition and 
 provifion, that the approbation and ratification of the forefaid y^rtlcles and A<51 
 ihall be no ways binding on this kingdom, until the faid Articles and Aft be ratl^ 
 fied, approved, and confirmed, by her Majefly, with and by the authority of the 
 Parliament of England, as they are now agreed to, approved and confirmed, by her 
 Majefty, with and by the authority of the Parliament of Scotland. Declaring' 
 neverthelefs, that the Parliament of England may provide for the fecurlty of the 
 Church of England as they think expedient^ to take place withih the bounds of 
 the faid kingdom of P'ngland, and not derogating from the fecurity above provided, 
 for the eftablifliing of the Church of Scotland within the bounds of this king- 
 dom.
 
 56» T H E T R E A T Y O F U N I O N, 
 
 dora. As alfo, the faid Parliament of England may extend the additions and 
 other provifions contained iu the articles of Union, as above infert in favours 
 of the fubjeiTls of Scotland, to and in favours of the fubjc£ls of England, which 
 fhall not fufpend or derogate from the force and effeft of this prcfcnt ratification, 
 but (hall be underflood as herein included, without the neccfllty of any new 
 ratification in the Parliament of Scotland. And, laftly, her majefty enafts and. 
 declares, that all laws and ftatutes in this kingdom, fo far as they are contrary 
 to, or inconfiftent with, the terms of thefe Articles as above-mentioned, lliall, 
 from and after the Union, ceafe and become void. 
 
 AND WHEREAS an aft hath paffed in this prefent fefiion of Parliament, in- 
 tituled, " An aft for fecuring the Church of England as by law eflablilhed," the 
 tenor whereof follows, Whereas, by an adl made in the fefilon of Parliament held 
 in the third and fourth year of her Majelly's reign, whereby her Majefl:y was 
 impowercd to appoint Commiflioners, under the Great- feal of England, to treat 
 with Commiflioners, to be authorized by the Parliament of Scotland, concerning an 
 Union of the kingdoms of England and Scotland, it is provided and enafted, that 
 the Commiflioners to be named in purfuance of the laid aft fliould not treat of or 
 concerning any alteration of the liturgy, rites, ceremonies, difcipline, or govern- 
 ment of the church, as by law eflablilhed, within this realm ; and whereas cer- 
 tain Commiflioners appointed by her Majefty, in purfuance of the faid aft, and 
 alfo other Commiflioners, nominated by her Majefly, by the authority of the 
 Parliament of Scotland, have met and agreed upon a Treaty of Union of the faid 
 kingdoms, which treaty is now under the confideration of this prefent Parlia- 
 ment; and whereas the faid Treaty, with fome alterations therein made, is rati- 
 fied and approved by aft of Parliament in Scotland, and the faid aft of ratification 
 is by her Majefty's royal command laid before the Parliament of this kingdom; 
 and whereas it is reafonable and neceflary that the true Proteftant religion pro- 
 fefled and eftabliflied by law in the church of England, and the doftrine, worfliip, 
 difcipline, and government thereof, fliould be effeftually and unalterably fecured ; 
 Be it enafted by the Queen's mofl: Excellent Majefliy, by and with the advice 
 and confent of the Lords Spiritual and Temporal, and the Commons in this pre- 
 fent Parliament aflTembled, and by authority of the fame, that an a<ft made in the 
 thi'-teenth year of the reign of Queen Elizabeth of famous memory, intituled, 
 " An afl for the Minifl;ers of the Church to be of found religion ;" and alfo another 
 aft: made in the thirteenth year of the reign of the late King Charles the fecond, 
 intituled, " An aft for the uniformity of publick prayers and adminidration of 
 facramcnts, and other rites and ceremonies, and for eflablifliing the form of 
 making, ordaining, and confecrating Bifhops, Priefts, and Deacons, in the Church 
 of England" (other than fuch claufes in the faid afts, or either of them, as have 
 been repealed or altered by any fubfequent aft or afts of Parliament), and all and 
 
 Angular
 
 AS EXEMPLIFIED IN ENGLAND. 561 
 
 fingular other a£l:s of Parliament now in force, for the eftablifhraent and prefer- 
 vation of the Church of England, and the do(ftrine, worlliip, difcipline, and go- 
 vernment thereof, fliall remain and be in full force for ever. And be it further 
 enacted, by the authority aforefaid, that after the deinife of her Majefty (whom 
 God long prefervc!) the Sovereign next fucceeding to her Majefly in the royal 
 government of the Kingdom of Great Britain, and fo for ever hereafter every 
 King or Qj-ieen fucceeding and coming to the royal government of the kingdom 
 of Great Britain, at his or her coronation, fliall in the prefence of all perfons 
 who (hall be attending, affifting, or otherways then and there prefent, lake and 
 fiibfcribe an oath to maintain and preferve inviolably the laid fettlement of the 
 Church of England, and the doftrine, worlliip, difcipline, and government there- 
 of, as by law eflablifhed within the kingdoms of England and Ireland, the do- 
 minion of Wales, and town of Berwick upon Tweed, and the territories there- 
 unto belonging. And be it further enacled, by the authority aforefaid, that this 
 aft, and all and every the matters and things therein contained, be, and fhall for 
 ever be, holden and adjudged to be a fundamental and effcntial pare of any Treaty 
 of Union to be concluded between the faid two kingdoms ; and alfo that this z€i 
 fhall be inferted in exprefs terms in any aft of Parliament which ihall be made for 
 fettling and ratifying any fuch Treaty of Union, and (hall be therein declared to 
 be an eflential and fundamental part thereof. May it, therefore, pleafe your 
 moft Excellent Majefty, that it may be enafted, And be it enafted by the 
 Queen's mod Excellent Majefty, by and with the advice and con fen t of the Lords 
 Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and 
 by authority of the fame, that all and every the faid Articles of Union as ratified 
 and approved by the faid aft of Parliament of Scotland as aforefaid, and herein 
 before particularly mentioned and inferted, and alfo the faid aft of Parliament of 
 Scotland, for e(labli(hing the Protellant religion, and Prefbyterian Church go- 
 vernment, within that kingdom, intituled, " Aft for fecuring the Proteftant religion- 
 *' and Prefbvterian Church government," and every claufe, matter, and thing in the 
 faid Articles and Aft contained, (hall be, and the faid Articles and Aft are hereby 
 for ever ratified, approved, and confirmed. And it is hereby further enafted, by 
 the authority aforefaid, tliat the faid aft pafled in this prefent feilion of Parliament 
 intituled, " An aft for fecuring the Church of England as by law eftablilhed," and 
 all and every the matters and things therein contained, and alfo the faid aft of 
 Parliament of Scotland, intituled, " Aft for fecuring the Proteftant religion and 
 •' Prelbyterian Church government," with the eltaolKhment in the faid aft contain- 
 ed, be, and fliall for ever be, held and adjudged to be and obferved as fundamental 
 and eflential conditions of the faid Union, and lliall in all times coming be taken 
 
 4 C to
 
 562 THE TREATY OF UNION, 
 
 to be, and are hereby declared to be, effential and fundamental parts of the faid 
 Articles and Union ; and the faid Articles of Union fo as aforefaid ratified, approv- 
 ed, and confirmed, by aft of Parliament of Scotland, and by this prefent aft, and the 
 faid aft pafled in this prefent feffion of Parliament, intituled, " Aq aft for fecur- 
 *' ing the Church of England as by law eftabliflied," and alfo the faid aft: pafled 
 in the Parliament of Scotland, intituled, " Aft for fecuring the Proteftant religion 
 " and Prcfbyterian Church government," are hereby enafted and ordained to be 
 and continue, in all times coming, the compleat and intire Union of the two king- 
 doms of England and Scotland. 
 
 And whereas, fince the palling the faid aft in the Parliament of Scotland for 
 ratifying the faid Articles of Union, one other aft, intituled, " Aft, fettling the 
 " manner of elefting the fixteen Peers and forty-five members to reprefent Scotland 
 ** in the Parliament of Great Britain," hath likewife paffed in the faid Parliament of 
 Scotland, at Edinburgh, the fifth day of February one thoufand feven hundred 
 and feven, the tenor whereof follows : Our Sovereign Lady confidering that, 
 . by the twenty-fecond article of the Treaty of Union, as the fame is ratified by aa 
 aft paffed in this feffion of Parliament, upon the fixteenth of January laft, it is, 
 provided, that, by virtue of the faid Treaty, of the Peers of Scotland, at the time 
 of the Union, fifteen fliall be the number to fit and vote in the Houfe of Lords, 
 and forty-five the number of the reprefentatives of Scotland in the Houfe of 
 Commons, of the Parliament of Great Britain ; and that the faid fixteen Peers, and 
 forty-five members in the Houfe of Ciommons, be named and chofen in fuch 
 manner as by a fubfequeut aft in this prefent fefilon of Parliament in Scotland 
 (hould be, fettled ; which ad: is thereby declared to be as valid, as if it were a 
 part of, and ingroffed in, the faid Treaty; therefore, her Majedy, with advice 
 and confent of the Eftates of Parliament, ftatutes, enafts, and ordains, that the 
 fajd fixteen J'^ers, who (liall have right to fit in the houfe of Peers in the Parlia- 
 ipent of Great Britaiii on th,e part of Scotland, by virtue of this Treaty, (hall be 
 naived by the faid Peers of Scotland vyhom they reprefent, their heirs, or fuc- 
 ceffors to their dignities and honotirs, out of their ovyn number, and that by open 
 eleftion and plurality of voices. of the peers prefent, and of the proxies for fuch 
 as fhail be abfcnt, the faid proxi(^Sj being Peers, and producing a mandate in writ- 
 ing "duly figned before witneiTes, ai>d boih the conflituent and proxy being qualified 
 according to law ; declaring alfo,, that fuch peers as are abfeut, being qualified 
 as iiforefaid, inay. fend tQ all fiKh meetings lifts of the Peers whom they judge 
 fitted, validly figned by the faid. abfent Peers, whiqh (hall be reckoned in the fame 
 r.icuiper as if the parties had been prefent, and given in the faid lift : And in cafe 
 of the dfidth, or legal incapacity, of any of the faid lixteea Peers, that the afore- 
 faid
 
 AS EXEMPLIFIED IN ENGLAND. 56^ 
 
 faid Peers of Scotland fliall nominr.te another of their own number in place 
 of the faid Peer or Peers in manner before and afcer mentioned. And that of 
 the faid forty-five rcprefentatives of Scotland in the Houfe of Commons in 
 the Parliament of Great Britain, thirty {hall be cholen hy the ihires or fte.var- 
 tries, and fifteen by the royal burrows, as follows, videlicet, one for every 
 Ihire and ftevvartry, excepting the fliires of Bute and Caithnefs, wliich fhall 
 choofe one by turns, Bote having the firft eiedlion ; the ihltes of Nairn and 
 Cromarty, which fliall alfo choofe by turns, Nairn having the firft ele-ftion ; 
 and in like manner the ftires of Clackmannan and Kinrofs fliall clioof; by 
 turns, Clackmannan having the firfl: elecflion : And in cafe of the dcarh or 
 legal incapacity of any of the faid members from the refpeftive ftiires or 
 flewartries above-mentioned, to fit in the houfe of Commons ; it is enadted 
 and ordained, that the fhire or ftewartry who eh-tfled the faid member fliall 
 eleft another member in his place. And that the faid fifteen rcprefentatives 
 for the royal burrows be chofen as follows, videlicet. That the town of 
 Edinburgh fhall have right to eleifl and fend one member to the Parliament of 
 Great Britain; and that each of the other burghs (hall eleft a Cominiffioner in 
 the fame manner as they are now in ufe to eleft Commiflioners to the Parliament 
 of Scotland ; which Commiflioners and burghs (Edinburgh excepted), being di- 
 vided in fourteen claffes or diftri61s, fhall meet at fuch time and burghs within 
 their refpeflive diftriflsas her Majefty, her heirs or fuccelTors, fhall appoint, and 
 eleft one for each diftrift, viddicet, the burghs of Kirkwal, Week, Dornock, Ding- 
 wall and Tayne, one; the burghs of Fortrofe, Invernefs, Nairn and Forrefs, one j 
 the burghs of Elgine, Cu!!en, Banff, Inverury and Kintore, one; the burghs of 
 Aberdeen, Inverbervie, Montrofe, Aberbrotliock and Brichen, one ; the burghs 
 of Forfar, Perth, Dundee, Covvper and St. Andrews, one ; the burghs of Crail 
 Kilrennie, Anfl ruther Ealter, Anftruther Wefter, and Plttenweem, one ; the 
 burghs of Dyfart, Kirkcaldie, Kinghorn and Bruntifland, one; the burghs of 
 Innerkeithing, Dumfermline, Queensferry, Culrofs and Stirling, one ; the burghs 
 of Glafgow, Renfrew, PvUglen and Dumbarton, one ; the burghs of Haddington, 
 Dunbar, North Berwick, Lawder and Jedburgh, one ; the burghs of Selkirk, 
 Peebles, Linlithgow and Lanerk, one ; the burghs of Dumfrei«, Sanquhar^ 
 Annan, Lochmaben and Kirkcudbright, one ; the burghs of Wigtoun, New 
 Galloway, Stranrawer and Whitehern, one; and the burghs of Air, Irvine, 
 Rothefay, Campbeltoun and Inverary, one. And it is hereby declared and or- 
 dained, that where "the votes of the Commiflioners for the faiJ burghs, met to 
 choofe rcprefentatives from their feveral diftridls to the Parliament of Great Bri- 
 tain, fhall be equal, in that cafe the Prcfident of the meeting fhall have a calling 
 
 <^ C 2 £)£
 
 5^4 T II E T R E A T Y O F U N I O N, 
 
 or declfive vote, and that by and according to his vote as a Commiffioner 
 from the bur^h from whicli he is fent, the Commiffioner from the eldefi: burgh 
 prefiding in the firft meeting, and the Commiffioners from the other burghs 
 in their refpeftive diftrifls prefiding afterwards by turns, in the order as the 
 faid burghs are now called in the Rolls of the ParUament cf Scotland. And 
 tliat ill cafe any of the faid fifteen Commiffioners from burghs (hall deceafe, 
 or become leo^ally incapable to fit in the Houfe of Commons, then the town 
 of Edinburgh, or the diftrift which chofe the faid member, fliall eleit a mem- 
 ber in his or their place : It is alwa) s hereby exprefsly provided and declared, 
 that none ftiall be capable to eleft or be elefted for any of the faid eflates 
 but fach as are twenty-one years of age compleat, and Proteftant, excluding 
 all Paplb, or fuch who, being fufpedt of Popery and required, refufe to 
 fwear and fubfcribe the formula contained in the third aft, nude in the eighth 
 and ninth feffions of King William's Parliament, intituled, " Ad for prevent- 
 *' ing the growth of Popery ;" and alfo declaring, that none (hall be capable 
 to eleft or be elgfted to reprefeni a fliire or burgh in the Parliament of Great 
 Britain for this part of the United Kingdom, except fuch as are now capable 
 by the laws of this kingdom to eleft or be elefted as Commiffioners for {hires 
 or burghs to the Parliament of Scotland. And further, her Majefty, with 
 advice and confent aforefaid, for the effeftual and orderly election of the per- 
 fons to be chofen to fit, vote, and ferve, in the refpeftive Houfesof the Parliament 
 of Great Britain, when her Majedy, her heirs or fucceflbrs, fliall declare her or 
 their pleafure for holding the firft, or any fubfequent Parliament of Great Britain, 
 and when for that effeft a writ ffiali be Iflued out under the Great-feal of the 
 United Kint^dom, direfted to the Privy Council of Scotland, conform to the (liid 
 twenty-fccond article, flatutes, enafts and ordains, that, until the Parliament of 
 Great Britain fhall make further provifion therein, the (aid writ fliall contain a 
 warrant and command to the faid Privy Council to iflue out a proclamation in her 
 IMajefty's name, requiring the Peers cf Scotland for the time to meet and 
 affemble at fuch time and place within Scotland as her Majefly and royal fuc- 
 ceflbrs fliall think fit, to make election of the faid fixteen peers ; and requiring 
 the Lord Clerk Regifler, or two of the Clerks of Seffion, to attend all fuch meet- 
 intrs, and to adminifler the oaths that are or fliall be by law required, and to aflc 
 the votes; and, having made up the lifts in prefence of the meeting, to retura 
 the names of the fixteen Peers chofen (certified under the fubfcription of the faid 
 Lord Clerk llcgilter, Clerk or Clerks of Scllion attending) to the Clerk of the 
 Privy Council of Scotland ; and, in like manner, requiring and ordaining the 
 ibveral freeholders in the refpcftive flwres and Itewartries to meet and convene 
 
 at
 
 AS E X E M P L I F I E D I N ENGLAND. 565 
 
 at the head burghs of their feveral {hires and flewartries, to eleft their Cominif* 
 fioners, conform to the order above fer down, and ordaining the Gierke, of the 
 faid meetings, immediately after the faid elei^ions are over, refpecVively to return 
 the names of the perfons elected to the Clerks of the Privy Council ; and, laflly, 
 ordaining the city of Edinburgh to elefl: their CommifTioner, and the other ro\'al 
 burghs to e]e£t each of them a Commiflioner, as they have been ia ufe to elcft 
 Commiffioners to the Parliament, and to fend the fuid refpedive CommifTioners, at 
 fuch times, to fuch burghs within their refpeftive diftrifts as her Majelly and fuc- 
 cefTors, by fuch proclamations, {hall appoint; requiring and ordaining the com- 
 mon Clerk of the refpedive burghs, where fuch eledtions fliall be appointed to be 
 made, to attend the faid meetings, and immediately after the election to return the 
 name of the perfons fo elefted (certified under his hand) to the Clerk of Privy 
 Council ; tg the end that the names of the fixteen Peers, thirty Commiffioners for 
 (liires, and fifteen CommifTioners for burghs, being fo returned to the Privy Coun- 
 cil, may be returned to the court from whence the writ did iffue, under the Great- 
 feal of the United Kingdom, conform to the faid tvventy-fecond Article : And where- 
 as, by the faid twenty-fecond Article, it is agreed, that if her Majelly fhall, on or 
 before the firft day of May next, declare that it is expedient the Lords and Commons 
 of the prefent Parliament of England ftiould be the Members of the refpeclive 
 Houfes of the firfl Parliament of Great Britain, for and on the part of England, 
 they fhall accordingly be the members of the faid refpciflive Houfes for and on the 
 part of England ; her Majefty, with advice and confent aforefaid, in that cafe only 
 doth hereby flatute and ordain, that the fixteen Peers and forty-five Coramifiioners 
 for fliires and burghs, who {liall be chofen by the Peers, Barons, and bur^Ths, re- 
 fpeftively, in this prefent feffion of Parliament, and out of the members thereof, in 
 the fame manner as Committees of Parliament are ufually now chofen, fliall be 
 the members of the refpeftive houfes of the faid firft Parliament of Great Britain 
 for and on the part of Scotland ; which nomination and ele£\ion being certified 
 by a writ under the Lord Clerk Pvegifter's hand, the perfons fo nominated and 
 clefled fhall have right to fit and vote in the Houfe of Lords, and in the Houfe of 
 Commons, of the faid firfl Parliament of Great Britain, as by the faid aft pafl"eci 
 in Scotland for fettling the manner of elefting the fixteen Peers and forty-five 
 Members to reprefent Scotland in the Parliament of Great Britain may appear; 
 be it therefore further enad:ed and declared, by the authority aforefaid, that the 
 faid laft-mentioned aft paifed in Scotland for fettling the manner of eleding jhe 
 fixteen Peers and forty-five members to reprefent Scotland in the Parliament of 
 Great Britain, as aforefaid, {liall be, and the fame is hereby declared to be, as 
 vaUd as if the fame had been part of, and ingrofled in, the faid Articles of Union, 
 
 ratified
 
 566 T H E T R E A T Y O F U N I O N, &c. 
 
 ratified and approved by the faid 2.£i of Parliament of Scotland, and hf 
 this aft as aforefaid. Ego Matheus Johnfon Armiger Clericus Parliamentor. 
 Tirtute brevis dift. Domine Hegine de certiorand. mihi diretl. & his annex. 
 Certifico fuperius hoc fcriptum verum efTe tenorum aftus Parliamenti fiipradicl. 
 in eo brevi expreffi. In cujus rei telHmonium huic fchedule figilliim meum ap- 
 pofui, nomenque meum fubfcripfi. Dat. feptimo die Marcii anno regni d\&.Q 
 Domine Regine quinto, annoque Domini millefimo feptingentefimo fexto. Math. 
 Johnfon. Nos autem feparales tenores brevis retorn. & aftus predict, duximus 
 exemplificand. per prefentes. In cujus rei teftimonium has literas noftras fieri 
 fecimus patentes, Tefte meipfa apud Weftmonafter. feptimo die Martii anno regni 
 noftri quinto. 
 
 W R I G H T E. 
 
 APPENDIX,
 
 '( 56? ) 
 
 APPENDIX. 
 
 PART I. 
 
 Containing an Account of Tranfaftions in both Parts of the United 
 Kingdoms, fubfequent to the Union ; being an Abridgment of the 
 feveral Alerations made in the Laws, Trade, Cuftoms, and Conftitu- 
 tion, of both Kingdoms, by the Union. 
 
 TH E Union was no fooner concluded, and the Ratifications exchanged, aS 
 has been faid, but an unlucky bufinefs happened, that opened afrefli the 
 mouths of thofe that had all along watched occafions for that purpofe, and fur- 
 niflied them with matter of new. clamour. The particulars are as follows : 
 
 The time when the Union was to take place was the firft of May, after which, 
 by the fourth Article of the Treaty, the fubjefts of either kingdom were to have 
 a free intercourfe of trade, to enjoy equal privileges, and were to be upon an 
 equal foot as to taxes, cuftoms, duties, prohibitions, &c. as by words of the 
 Treaty, viz. Article 4th. 
 
 " That all the fubjefts of the United Kingdom of Great Britain fhall, from and 
 " after the Union, have full freedom and intercourfe of trade and navigation to 
 *' and from any port or place within the faid United Kingdom, and the do.ninions 
 " and plantations thereunto belonging ; and that there be a communication of all 
 <' oth.er rights, privileges, and advantages, which do, or may, belong to the fubjefls 
 *' of either kingdom, except where it is otherways exprefsly agreed in thefe Ar- 
 *' tic'cs." 
 
 But
 
 $6S APPENDIX. 
 
 But in the interval of time, between the finifhing of the Treaty and the firft of 
 May, all things by confequence remained as they were, and all merchandizes 
 being imported into Scotland upon the foot of the former cufloms, which were 
 much lower than in England, the merchants in both kingdoms, laying hold of 
 that advantage for their private gain, fraughted abundance or fliips in f'rance and 
 Holland with all ioru of goods, which paid high duties in England, landing them 
 in Scotland, and paying only the Scots dues, prefuming that, after the firll of May 
 they Ihould be fent free to England, according lo the general Article of treedom 
 of commerce. 
 
 To let the reader moreexa^ly into this cafe, I Ihall flate the difference of the 
 duties of feme of the feveral commodities, which, being thus imported into Scot- 
 land, were after to be carried into England -, fvich as wines, brandies, fait, lintfeed, 
 iron, timber, deals, &c. being the chief kiads of goods imported in Scotland, and 
 ©f which the duties were moflr. complained of. 
 
 Eefides this, it is to be obferved, that the Cuftoms of Scotland being let in tack, 
 as they call it in Scotland, or in farm as in England, the Tackfmen or Farmers, to 
 encourage the merchants to make large importations, made feveral com.pofitions 
 and abatements to them, lefs or more, according as the quantity of the goods im- 
 ported. Encouraged by this means, the cultoms were Itill reduced, and yet the 
 Farmers of the CuTloms made great gain of that inter\al of trade. 
 
 Another Article of the contrivance of the merchants on this head was in Eng- 
 land, upon the drawbacks on foreign goods imported there, and exported again 
 by certificate. 
 
 And this indeed was lefs honefl by far than the other, though both of them 
 politic enough j and, which was thought, had flipt the notice of the Treaters on 
 both fides during the negotiating the Treaty. 
 
 The exporters in this cafe fent goods from England to Scotland by certificate, 
 drawing back the duties paid on their import in England, as being fent to a 
 foreign country : After the Union the kingdoms becoming one, it was by the 
 Treaty Uft open for them to carry the fame goods back into England, and fell 
 them there, as if they had paid the duty. 
 
 The principal article this circumdance relates to was tobacco, which paying a 
 large duty of near fixpence per pound in England, above fix thoufand hogflieads, 
 as 1 have been told (fome have faid much more, even to double the quantity, 
 but I choofe to relate the loweft number), were fent into Scotland, and &\e per 
 pound ot the faid cufiom drawn' back by the merchant. 
 
 I nted not acquaint the reader, that the exporter was both bound in a bond 
 
 Tiith lecurities, and alfo f'.vorn againit the re-landing or returning ^it into England 
 
 again ; but, as tne Union gave a free intercourfe of trade, /'. e. exporting and 
 
 6, hnporting
 
 APPENDIX. 569 
 
 hnporting to and from the refpeifiive kingdoms, without paying any duties, or 
 any moleftation whatfoever, lb their bonds feem'd to be of no value in that cafe; 
 but whether the oath was of no value to them is another affair, and not for mc 
 to determine here. 
 
 It is evident, the tobacco was fent to Scotland in quantities fo much above 
 the ufaal conlumption of that country, that it could rationally be efleemed to 
 be with no other profpect than of returning it into England again after the 
 Union, and lb 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 dlreflly, or by way of Holland, was fo much beyond the 
 ordinary confiimotion of the place, that it could be with no otiier end than the 
 carrying it into England after the Union (liould take place, nor did the merchants 
 Hick to own that to be in the defii^n. 
 
 The Merchants in London, elpecially fuch as were concerned iu the trade to 
 Sj^ain, Italy, and l^ortugal, and conlcquently had the greateft injury, made loud 
 complaints of this, as an intolerable ir.equality, and a thing fo unjull that they 
 made no doubt 11 concern the Government in it, and the Parliament being then 
 fitting, they addreffed th;^ Houfe of Commons for relief. 
 
 Their addrefs-was Jt'lowed with numerous folicitations, they even wearied the 
 Menibers, the Secretaries of State, and every body, that they thought would 
 efpoufe their cMile; that, as fome have expreffed it, they almofl: drove the Iloufe, 
 by tne force of their clamours, upon a debate of a thing which molt people 
 thought itiey had really no power, at leaft no reafon, to meddle with. 
 
 The Parliaiftent then fitting was the fame which had, in concert vv'ith the Par- 
 liainent of Scotland, iriade this Union ; and it could not feem reafonable, that 
 the Parliainent of England, in its feparate 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 Houfe of Commons went upon it, great application being 
 made by the Englifli Merchants, and after fome debate came to this refolution. 
 
 Rtfolved, 
 
 " That the Importation of goods and merchandifes, of the growth and pro- 
 duce of France and other foreign parts into Scoriand, in order to be brought 
 frbm thence into England after the firfl; of May, and with intention to avoid the 
 payment of the Engl ifh duties, will be to the damage and ruin of the fair traders, 
 to the prejudice of the manufactures of England, a great lofs to her Majeliy's 
 revenue of the Cufloms, and a very great detriment to the public." 
 
 4 D Aad,
 
 Sio APPENDIX. 
 
 And, in purfuance of this refolution, a bill was ordered to be brought in, the' 
 enafling part of which I have annexed to this work, in the Appendix N° C. (3). 
 The title of it was as follows. 
 
 " A Bill to prevent the mifchiefs of a fraudulent pra£lice, in obtaining draw- 
 " backs for goods carried from England to Scotland, in order to be brought 
 *' back again, and in carrying goods from foreign parts into Scotland, in order 
 " to brought into England, without paying the Englifh duties, and for better 
 " fecuring the duties of goods brought from the Eaft Indies, was (according to 
 " orderj read a fecond time, and committed to a Committee of the whole Houfe." 
 
 This bill pafl all the ufual forms in the Houfe of Commons, and went up to 
 the Lords, but, after long debate in the upper Houfe, the Lords re]e(fled it. 
 
 It is true, that, upon the petitions and reprefentations of the Scots Merchants, 
 there were long debates, and great difficulties in the pafiing this bill in the Houfe 
 of Commons ; and the Scots, demanding, by the letter of the Treaty, a free inter- 
 courfe of trade, alledged they could not be refufed the importing of any goods 
 out of Scotland into England, which were not by law counterband in Scotland 
 before the faid Treaty, fince having been fairly admitted to an entry in the CuC 
 tom-houfe of Scotland, and all the duties which were demanded being paid, the 
 free intercourfe of trade between the nations immediately opened all the ports of 
 England to their goods. 
 
 This argument was too powerful and too plain not to have its weight in the 
 Houfe : But, to folve this, there was an exception put into the bill for the pro- 
 perty of Scots Merchants, as a thing which would effeftually remove their 
 fcruples, and anfwer the end both of the Union one way, and of the Portugal 
 Merchants another ; for the complaint feemed to lie notfo much againft the free- 
 dom of Scots Merchants importing their own goods, but of foreigners, Dutch, 
 French, Jews, and Englifh, who, under the cover of Scotfmen, had crouded in 
 vaft quantities of wine and brandy, merely to evade paying the Englifli dut}', 
 taking the advantage of the interval of time, and thereby bringing their goods to 
 market upon terms vaflly differing from the courfe of trade. 
 
 To prevent this, the a£^ was to provide, that all the properties of the Scots 
 Merchants fliould be exempted, and be allowed to' come to England, but this was 
 rellricted in point of proof, (i.) The onus probandi lay upon the merchant, in 
 which many niceties occurred needlefs to be mentioned here (2.) None were to 
 be reputed Scots Merchants but fuch as refided in Scotland : this excluded the 
 Scots Merchants at London and in Holland, who were deeply embarked in thefe 
 importations, and on whofe management the chief part of the defign was charged. 
 (3.) The proof of the importations an ■ properties lay before the Commiilioners 
 of the Cufloms, and it was doubtful how it ihould be determined, 
 
 Uadcr
 
 APPENDIX. 
 
 57> 
 
 • Under all thefe difficulties, with other reflriftions needlefs here, this firfl ad 
 ftruggled and part the Commons; and yetic was thought alfo, that, had the Scots 
 been fairly excepted, they would have been well enough pleafcd with fuch a dif- 
 ference, and they would have had fome reafon to have been fo ; nor was the ex- 
 ception of foreigners altogether unreafonablc, the thing being really a fraud in 
 trade, and a hardfhip upon the fair traders : Bat the main objection turned upon 
 another point, viz. the power the Parliament of England alone could have to 
 determine, conftrue, or explain, any one of the Articles of the Union, which 
 being made by the concurrence of the two refpeflive kingdoms, could not be 
 fubjeft to the cognifance of either Parliament in its feparate capacity ; and upoa 
 this head the Lortls rejeftcd the bill. And this being the ni;nn thing in my ob- 
 fervation, on which the whole cafe depended, I have purpofcly omitted the rea- 
 fonings on that article on either fide, which were very many, referring my reader 
 to the fubftance of the Addrefs of the Scots Merchants to the Houfe of Lords, 
 and to an obfervation made by an eminent Member of the Parliament, which I 
 have added in the Appendix, in order to leave this cafe as clear to poflerity as is 
 poflible, marked N" (D3.) and N'' (K q.)- 
 
 However, it was abfolutely necelTary, if poffible, to bring this affair to fome con- 
 clufion; and, in order to this, the Parliament at that time drawing near an end, for 
 they could fit no longer than the laft of April, the Union commencing the firft of 
 May, wherefore it was thought expedient to give the Houfe a Ihort recefs, that 
 this matter might come again upon the ftage, whereupon the Qiieen prorogued 
 the Parliament for three days only, and in a fliort fpeech made them acquainted 
 with the reafon of it, viz. in order to find out an expedient to prevent any mis- 
 chiefs arifing to either kingdom in the Ihort interval of time between that and the 
 commencement of the Union. .•>*' 
 
 When the Houfe met again, the Commons began again and voted to the fame 
 purpofe as before, and ordered a bill to be brought in, in the fame terms as before. 
 The vote of the Houfe of Commons ran thus j 
 
 " That the importation of fundry goods of the growth of France, through Scot- 
 land into England, with defign to avoid paying the duties payable for the fame in 
 England, is a notorious fraud, ruinous to the fair trader, and injurious to her 
 Majefty's revenue." 
 
 Upon this vote, the merchants at London renewed their clamours'; and all me- 
 thods poffible were made ufe of to bring the Parliament into ir, the Goyernment 
 would willingly have found out fome expedient to have foftened the general com- 
 plaint, and to have prevented the injury to the revenue; but all mediums were 
 found imperfeft; and the Houfe of Lords perfifting in the firft fcruple, it fell to 
 the ground. 
 
 4 D 2 While
 
 573 APPENDIX. 
 
 While this was tranfafling, the merchants went on with their importation, and 
 though the quantity did not amount to what had been alletiged would be brought 
 in, yet it was a very great quantity indeed, and the damage to the revenue in Eng- 
 land appears by the following calculation. 
 
 There were not feme wanting in either kingdom, who expefled to make early 
 objections againft this proceeding, as a breach of the Union on the Englilli fide, 
 and; had the aft part, though with the utmoft precautions, difcovered that they 
 would have Improved that fuggeltion to the mmofl: ; and yet it was obfervable, that 
 none were fo forward to approve of the a<fi: of reftriftion as fome gentlemen who de- 
 clared their averfion to the Union, and their willingnefs to have it diffolved again. 
 
 Whatever lofs, therefore, the Government received by this affair, they avoided 
 the Itroke it would have given to the Union ; and the enemies of the Treaty loft 
 the opportunity of faying it was broken. 
 
 The firft of May being arrived, the Scots Merchants began to apply themfelves 
 to the Government for the fettlemcnt of this matter, and ihe importation of their 
 goods to England : this held a long debate, and took up a great deal of time; how- 
 ever, the Scots (hipped their goods, took certificates in Scotland of their being fairly 
 imported there before the firft of May, and, though after many hefitations and 
 delays, about the middle of June the fleet failed for London, confiding of about 
 forty fail, moftly loaded with wine and brandy. 
 
 As foon as they arrived in the river of Thames, the Cuftom-houfe officers made 
 a general feizure both of (hip and goods ; and all was put to a full flop. 
 
 This perplexed the merchants very much, and loud clamours were made of it 
 In Scotland, as a breach of the Union; the royal boroughs in Scotland held 
 their Convention upon this affair, and the Merchants concerned in the faid fhips 
 piefented a petition to them, which, becaufe it'telates the complaint in exprefa 
 terms, and for the information of thofe people in England who do not particu- 
 larly underfland the ineihods there, I infert at large in the Appentlix. 
 
 It may be obferved, that the royal burghs in Scotland have their meetings on 
 emergent occafions, for the regulation of Trade, and fettling their own affairs, 
 befides their annual meeting. 
 
 The Merchants of Scotland, generally fpeaking, are all freemen of fome one or 
 other of thefe burghs; and there happening to be a convention, or meeting, as above, 
 at that time, the Merchants prefented to them their petition, intreating them to- 
 reprefent their cafe to the Queen, fetting forth their grievances : this petition yoa 
 ViU find in the Appendix, N° A. (j.)* 
 
 Purfuant to this petition, the Convention of. burroughs reprcfented their cafe 
 
 tery earneflly to the Government, by the means of the Scots Secretaries of State, 
 
 6 then
 
 APPENDIX. 
 
 57J: 
 
 tlien at London. — Their addrefs I have alfo placed in the Appendix to this work, 
 N» B. (:?.)• 
 
 And thus the cafe was wholly referred to the Q^ieen and Council. 
 
 It was thought hard indeed that the fhi, s fliouhJ not be fuiTcied to unlade, the 
 fcafon being hot, and the wines expofed to fpoil ; hut there was no iniinediate 
 remedy. The Cuflom-houfe officers could not ponibly do otherwife, for this 
 reafon : had the debate been what duty they ihouJd pay, they might have 
 fuflered them to unlade into the Qiieen's ware-houfes, and have detained them 
 there till fuch duty had been paid. But the trade of France being univerfally 
 prohibit by Aft of Parliament, they could not be admitted to an entry, but were 
 all forfeited, both fliips and goods. 
 
 The Government willing, if pofTible, to give the ncceffary relief in this 
 exigence, the Attorney General, and all other judges whofe advice was neceflary,, 
 were required to give their opinion; but they differed in their judgements fo. 
 much, that no refolution could be made in it. 
 
 However, that the merchants might be made eafy, it was propofed to them,, 
 that they (hould land their goods, upon condition that they gave fecurity tO' 
 ftand to the judgment of the Biitifli Parliament. This was thought but rea- 
 fonable, and fome complied with it, and had their lliips unloaden : others 
 refufed fuch fecurities, and their goods lay longer,- and fufTered more. 
 
 At length a medium was found out, which was to let all the merchants have- 
 the poffeffion of their goods, ferving the poffefTors of the goods with a writ of 
 devenirunt out of the Exchequer. This is a kind of v/rit which puts the matter' 
 in a form of profecution only, that, in cafe of further occafion, the Queen might 
 recover her dues; and fo the merchants had their goods, and the decifion of it 
 was left to time and to the Britifii Parliament. 
 
 Thus it continued in a courfe of law, though not under profecution, till the 
 meeting of the Britifli Parliament; when, by a vote of the Houfe of Commons,, 
 the whole affair was difcharged, and sll prolecutions ordered to be ftopr, of- 
 which i.ereafter. Mean time the claufe in Parliament, fo much flruggled about, , 
 you will find in the Appendix to this work, N° C (3). 
 
 Thus ended this difficult matter,, in which is to be noted the exactnefs of the 
 Houfe of Lords, and tenderncfs in refpcdt to the Union, which delivered us 
 from the apprehenfions of an invafion upon the articles; and notwithftanding 
 the damage done to the revenue, which v/as finally facrificed. to the eafe of the 
 peoples minds, the whole claim was let falL. 
 
 It may be thought it had this ufe, however, that the difficulty which appeared 
 in.it checked the quantity of the goods that would otherways have been brought 
 
 in,.
 
 574 
 
 APPENDIX. 
 
 in, which would have been intolerable ; and fome thought this was part of the 
 defign of it. 
 
 While this was tranfa£ling, the Government began to take the flate of the 
 nation into their confideration, in order to fettle things conform to the refpe£live 
 conftitutions, and yet to put the Union as far in praftice as the general circum- 
 ftances would admit ; and this took up the mod part of the time between the 
 firfl: of May, when the Union took place, and the fitting down of the fiifl 
 Britifli Parliament, nor was the thing without its difficulties, as will appear ia 
 the feveral articles following. 
 
 1. The Cufloms. 
 
 2. The Excife. 
 
 3. The Equivalent; 
 
 4. Petty Juftice. 
 
 5. The Forces and the Coin. 
 
 Previous to thefe particulars it is requifite to obferve, that the adminiftratloa 
 of publick affairs was left to remain, as before, in the miniftry of a Privy 
 Council, a Treafur}', a Chancellor, and two Secretaries of State, with all other 
 dependents and fubftitutes as before. 
 
 This the Queen thought fit to order, not only becaufe the weight of bufinefs 
 Was too great, and the particulars too nice, and of too much confequence to 
 fuffer a fudden change, which would have made large intervals in the courfe ©f 
 adminiftration, put a flop to the publick bufinefs, and influence private perfons 
 affairs alfo. But as the Queen has always thought it bell, in fuch cafes, to take 
 advice of her great Council the Parliament, a happinefs we have often com- 
 plained for want of in former reigns -, fo it was referred to the fitting of the 
 Britilh Parliament, that It might be fetded to the fatisfaftion of the nation, by 
 the advice of their full rcprefentative. 
 
 Thus the civil lift remained as it was, the army was fubfifted upon the old 
 eftablifhment, and paid from the cefs granted by the Parliament of Scotland, as 
 far as it extended, the deficiency was left to the Parliament of Britain to fupply, 
 as appears by the Aft of Parliament granting the cefs. 
 
 On the firfl. of May, one thoufand feven hundred and eight, the army received 
 their pay from London, the regiment of foot-guards was received as Englifh 
 guards, and the command of them given to the Marquis of Lothian as colonel. 
 The guards were cloathed after the Englilli manner; I mean, as the Englifh 
 guards ; and the whole eftablifliment of the force received their regulations and 
 pay from the Brittfh Government. 
 
 But two things required an immediate application, viz. the Cuftoms and 
 Excife i for thefe being to be eftabliflicd upon a new foot, viz. according to the 
 
 Article*,
 
 APPENDIX. 575 
 
 Articles, and to commence prccifcly on the firft of May, It was abfolutely 
 neceflary that they fliouKl be firft fettled. 
 
 The fame reafonsmade it abfolutely nirceffary to bring down fome Engliflimen, 
 to fiipply inferior offices, both in the Cuftoms and Excife, at leaft till proper 
 perfons might be found or inftrufted to aft without them. 
 
 It was thought at firft, that, as Scotland being united to England, the whole 
 United Kingdom coming under one denomination, and under one method of 
 Government, fo the revenues ftiould become united in one general colleftion 
 that the Cuftoms fliould be managed by the commiffioners at London, and under 
 them only by coUeftors and other officers in the refpedive ports in Scotland as 
 it is in England, all fubfervient to, and under the government of, the commif- 
 iioners at London, and the like in the Excife. 
 
 But the bufinefs appeared too weighty and embarrafled with too many diffi- 
 culties to admit of fuch a conjunftion; and indeed were I to enter into an 
 hiftorical account of the labyrinths which the firft fettlement of thefe duties led 
 the managers of them into, what difficulties they met with, what clamours were 
 raifed at their conduft, however impartially they endeavoured to aft, it would 
 look as if I were going to write of perfous inftead of relating things, and that 
 is none of my bufinefs here. 
 
 It will be enough here to touch the matters of faft, by which it will appear, 
 both that the Government proceeded in the beft method, in putting the Cuftoms 
 and Excife into a diftinft management in Scotland ; and alfo, that the commif- 
 fioners of both ftiewed they vs^anted neither judgment or application in a fettle- 
 ment fo fpeedy under fuch perplexed circumftances as they found thefe revenues 
 in at firft. 
 
 The commiffioners named for the management of the Cuftoms were, as is noted, 
 three Englifli-men, two Scots-men. 
 
 Sir Alexander Rigby, -j 
 
 James Ifaacfoi>, Efq. I- Englilh-meiT, 
 
 Lionel Norman, Efq, J 
 
 Sir Robert Dickfon, Baronet, ") q 
 
 Mr. Will. Boyle, brother to the Earl of Glafgow,/ 
 The whole extent of the kingdom lay before them, and they had not only 
 new officers to place in the refpeftive ports, but they had all their old officers to 
 inftruft in the new methods, cuftoms, and manner of fecuring and accounting 
 the refpeftive duties. 
 
 This obliged the Government, even before commiffioners were named, and 
 before the time for the new colleftion beg.m, to diredt five perfons from England 
 experienced in the methods and ufage of the Cuftoms, to go down into Scotland, 
 
 to
 
 ^^5 APPENDIX. 
 
 ■to put ihem into fome manner of order as to exports and imports, efpecially of 
 goods to be paffed between the two kingdoms when the Union was to take place, 
 •and of imports which might happen before the commiflion came down ; as alfo to 
 .regulate the colle61ion of the fubfequent duties, fecure the payment, and inftruft 
 .the officers; and this was about the latter end of April. If the diforders thefe 
 gentlemen found the Cuftom-houfe in, the confufion of method and remifnefs of 
 prarlice was material to note in a hiflory, it would take up a large difcourfe here, 
 and make the neceffity of a new modelling the Cuftom houfe more diftinflly 
 appear. 
 
 Thefe gentlemen, though it was impolTible to build any thing upon the method 
 they found things in, yet by their diligence and application brought them to a 
 little of a form, and prepared them the better for the regulations which were to 
 follow. 
 
 Thefe were the following perfons. 
 
 Mr. Lionel Norman, fince one of the commiffioners, from the Cuftom-houfe 
 at Berwick. 
 
 Mr. Jeflbp Bougton, fince fecretary of the Cuftoms, from the Cuflom-houfe 
 at London. 
 
 Mr. John Colquit, fince colleflor at Leith, from Chefter. 
 I^Ir. John Sewell, from CarliQe. 
 Mr. Warwick Arthur, from Burlington. 
 
 The firft clamour I meet with againft thefe proceedings, was the filling all the 
 commiffions up with Englifli-men and ftrangers, and I mention it; not that it was 
 a real ground of complaint, their number being not one-fifth part of the whole, 
 as appears by their eftablifiiment ; but to remark how readily every thing was 
 laid hold upon to reproach the Union, as being either originally del^gned for, or 
 confequentially improved to, the particular advantage of the Euglilh feparately 
 confidered. 
 
 Now although the fmall number of Englilli employed in the Cufioms were a 
 fufficient anfwer to the objeiflions, and a full juftification of the Englifli Govern- 
 ment in that cafe ; yet it is a more clear defence when it is confidered that it was 
 impoffible to introduce the new method of collcftion, the rules of their keeping 
 their feveral offices and their accompts, which were all now to be done after the 
 Englifli manner, without the afliftance of officers from England, who had been 
 bred up to tlic fame bufinefs, and were abfolutcly maftcrs of the methods prac- 
 tiled in England ; of which by iifelf. 
 
 But to return to the queflion, I mean the neceffity of a feparatc colieflion of 
 the Culloms and Excife in Scotland, it will further appear in reflecting on the 
 proceedings of the officers in the profecution of their new methods. 
 
 For,
 
 A. P, P i: t^ D 1 X. 577 
 
 For, firft, the people finding the cluti:s on French goods fo extravagantly 
 high, tiat the ftealiurr the Cufloras was more worth their while than ulual, fell 
 upon that pruflice with fo much eagef ncfs, that it was not in the power of the 
 Cuftom-houfe o;Hcers at firft to fupprefs it. At fevcral places they pradifed it 
 fo openly, and with fuch aflurance, that, when the officers had made their feizurcs* 
 they were driven from them by the rabbles, and the goods attempted to be taken 
 from them by force; and a fleet arriving from Holland about the months of 
 Augufl or September after the Union, itwas thought that feveral thoiifand fmall 
 cafks of brandy were convejeJ fecrctly on (liore, which it was impoflible to 
 prevent; but of this 1 (hall lie more particular by ani by. 
 
 It was time therefore to take new methods; and, thecommiflloners applying 
 themfelves to the Government in this matter, foldiers were appointed to defend 
 the collefiors as occafion fliould offer, and the perfons who had refilled, as above, 
 were feized, and ordered to be proiecuted. I might give a long hiftory here of 
 the frauds and violences pui upon the Government in the matters of the Cufloms, 
 by which whole fliips' loadings of goods were attempted to be put on fliore, 
 without paying the Cuflom ; but this is enough to make it plain what occafion 
 there was of a ftrift and exafl management in this alTair, and confequently of a 
 feparate commiflion. 
 
 1 he bufinefs of the Cufloms alfo in Scotland had been under a management 
 quite different from that in England. The eommiffioners found the trade fmall, 
 the officers few and difcouraged, their falaries fmall, and the extent of the ports 
 vaftly large ; fo that of that fmall bufinefs there was in the nation, much of it 
 was carried on by the clandefline management of the merchant ; and though the 
 farmers or tackfmen did their utmoft with the officers they had, yet it was 
 impoffible to prevent the running great quantities of goods. 
 
 If this was a general praftice before, much more was it fo now, when the 
 fweetnefs of it was taded 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 inconveniencies the Cuftom-houfe at firft laboured under, 
 made it impoflTible to put a ftop to the irregular practice of the merchants. The 
 firrhs of Forth afnd Clyde are known to be very large, and the whole kingdom 
 full of creeks, coves, harbours, and bays, that unlefs a little army of officers 
 had been maintained, it was not poffible they could eafily check th running 
 goods on (hore, where there was fo great a temptation and opportunity. 
 
 But, in order toreflify this as much as poffible, riding officers were appointed 
 to furvey the coaft. Thefe were ufeful, to obferve the officers that they did their 
 duty ; and withal, to inform the eommiffioners of what happened, to regulate 
 the ports, and dircd the fixing officers in proper places. 
 
 4 E Thefc
 
 573 APPENDIX. 
 
 Thefe confiHed of four general riding furveyors, who, dividing the T^^hole 
 "kingdom in proper diftrifts, had twelve riding officers under them, three to 
 each furveyor. Thefe were fubjeft to the orders and infpeftion of the firft four; 
 and all fiibjedl to the general orders of the commiflioners themfelves, as they 
 found occafion. Nor did the commiflioners themfelves ftick, as they found the 
 fervice required it, to take a perfonal infpeflion into the bufinefs of the Culloms 
 at their firft planting ; frequently making long journies themfelves to viCt the 
 coafl, and rciflify fuch abufes as they found requifite; whicli, though not ufual, 
 ihey made no difficulty to do, at the firft fettlement of this nice branch of the 
 revenue. 
 
 Several cruizing veiTels alfo and fmall boats were built, for the Cuftom-houfe 
 officers were intirely without them before, by which they were able to vifit and 
 fearch fhips as they appeared at any time in the fea, off of the ports, or in all 
 the creeks and rivers, as there was occafion : for want of which it was frequently 
 prai^ifed for fhips to appear at a diftance, make figniils for their confederate^, 
 who came off in boats, and fo delivered the goods they defigned to run before 
 they came into port. Thefe boats, particularly- in the firth of Forth, having 
 the whole firth to range in, had their appointed fignals alfo on the (hores, where- 
 by they never failed to have notice if the officers appeared, and could fhift from 
 port taport, or from one fide of the firth to the other, till they had a clear port 
 to land in ; and the Cuftom-houfe officers might have the fatisfaif^ion to ftand on 
 the fliore, and look on, but, having no veffel or boat to go off in, could 
 not prevent the fraud. 
 
 But this was intirely prevented by the vigilance of the commiffioners, who 
 "placed their cruizing vefiels in proper ftations on the fea, and their feveral fmalier 
 boats in the rivers, creeks, and ports; and thefe concurred together with the 
 riding officers and furveyors on fliore, who, in their conftant circuits, anfwered 
 exaflly by land what the faid vcflels did on the fea. By the exaftnefs of this 
 method, the affair of the Cuftoms prefently caine into form, and things looked 
 with a new face in trade, to the fatisfaftion of fair traders, and the better 
 colleftins; and fecuring the duties. 
 
 And for the better explaining the particular management of the Cuftoms in 
 Scotland as to this point, and giving a proof of what I have noted as above, i 
 have added a brief fcheme of the feveral ftations of the faid cvuifers by fea, 
 their appointed bufinefs, and original coafts, together with the ftations of the 
 riding officers on ftiore, which will be found Appendix, part II. N° (Rxx, 
 S X x), and to which the reader is referred. A fcheme alfo of the difference of 
 feveral duties before and after the Union, from which the encouragement for 
 
 thtfe
 
 APPENDIX. 579 
 
 thefc triforders were drawn ; thefc you will find Appendix, part II. N" (T x x, 
 Vxx, Xxx). 
 
 I have been the longer on this, as well to give the true reafons wliy it was 
 abfolutely necefiary to place Englifli officers in Scotland, in order to regulate the 
 colle^lion, as why it was abfolutely neceifary to have a diflinft coinmiflion ia 
 Scotland : and this will always hold to be a reafon for fuch a method, it being 
 impraflicable that all the variety of cafes which (Iiall happen there fcould be 
 determined by the Board at London, or left to the arbitrary decifion of fingle 
 coUeftors: and this was one reafon, among others, why the Parliament found 
 it necelfary to have a court of Exchequer eftabliQied in Scotland, in which all 
 the feizures, confifcations, and pleas, between the merchant and the Cuftom- 
 houfe officers, ihould be determined, (ince it would have been an iufupportable 
 grievance, both to the Queen as v/cll as to the fubjefl: : To the firft, to have 
 had fuch pleas determined in the ordinary methods of the law; and to the 
 fecond, to have been obliged to defend themfelves in England, whither witnefFes 
 mufl: have been fent, and the defendants have been bound to have appeared 
 upon every trifling occafion; of which by itfelf. 
 
 As the Cufloms were thus neceffarily put under a feparate col!e(5iion, fo was 
 the Excife. That branch of the revenue was not without its difficulties ; and as 
 there would be every day niceties and difficulties arifing which no Government 
 could forefee ; fo it would have been too great a negleft of Scotland to have put 
 the determination of that whole branch of the revenue into the hands of fingle 
 coUeflors. 
 
 Again, the difputes in the Excife in England being referred wholly to the 
 judices of the peace, and at the firft fettling this duty there being no iuftices 
 of peace fettled in Scotland ; it would too much have expofed the fubje^t, to have 
 left them to the arbitrary decifion of inferior collectors, and too much have 
 expofed the Government, to have left the Queen without a due power to have 
 fecured the revenue. 
 
 But there were yet other reafons which made the eftablifning feparate Commif- 
 fions in Scotland for the revenue, as above, to be abfolutely neceffary ; and thi'; 
 was the eighteenth and nineteenth Articles of the Union, which appointed the 
 laws of Scotland to remain in force as they were. One confequence of this 
 Article was, that all the pleas of the Crown, as well as all matters of private 
 right, became cognofcible only in Scotland, and to be judged by v,'hat w^as 
 before or was now to be deemed the law of Scotland. 
 
 Hence it appeared abfolutely neceffary to have two new courts ereded in 
 Scotland; that is to fay, new in method, though not in name, viz. a Court 
 of Admiralty, and a Court of Exchequer; the firft to determine niantims 
 
 4 E 2 difputes i
 
 5So " APPENDIX. 
 
 difputes ; the other, fuch as relnted to the receipt of the revenue, as felzures, 
 forfeitures, penalties, crown lands, leafes, grunts, patents, &c. and whatever 
 demands the Sovereign had upon the fubjefts. 
 
 It was exprefsly Uipulated in the twenty-fourth Article of the Union, " That 
 *' a Seal in Scodand, after the Union, be always kept and made ufe of in all 
 " things relating to private rights or grants, which have ufually pafl'ed the Great 
 " Seal of Scotland, and which only concern offices, grants, comnriffions, and 
 " private rights, within that kingdom ; and that, until fuch Seal fliall be 
 " appointed by her Majedy, the prefent Great Seal of Scotland Qiall be ufcd for 
 " fuch purpofes ; and that the Privy Seal, Signet, Caffet, Signet of the Jufticiary 
 *' Court, Quarter Seal, and Seals of Courts, now ufed in Scotland, be continued.'* 
 
 By this elaufe all grants, patents, commiflions, &c. were necelTarily to be 
 paffed in Scodand. By this elaufe alfo it became neceflary, that there fliould be 
 •a diftinifl Keeper of the Seal, and a diftinft Keeper of the Signet, in Scotland, 
 though there was but one Lord Chancellor. 
 
 Again, by the eighteenth article it was expfefly ftipulated, " That the laws 
 " concerning regulation of Trade, Cuftoms, and fuch Excifes, to which Scot- 
 ♦' land is, by virtue of this Treaty, to be liable, be the fame in Scotland, from 
 " and after the Union, as in England ; and that all other laws, in ufe within the 
 " kingdom of Scotland, do after the Union, and notwithftanding thereof, remaia 
 *' in the fame force as before (except fuch as are contrary to, or inconfiftent 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 thofe which concern private right, that the laws which 
 " concern publick right, policy, and civil government, may be made the fame 
 *• throughout the whole United Kingdom ;, but that no alteration be made in laws 
 " which concern private rights, except for evident vuility of the fubjefts within 
 ** Scotland." 
 
 This drove theTreaters to theabfolute necefTity of forming all thofe particulars 
 ©f the nineteenth Article, which arc but the explanation of the eighteenth, 
 *' That the Court of Seffion, or College of Juflice, do, after the Union, and 
 " notwithftanding thereof, remain in all time coming within Scotland as it is now 
 " conftituted by the laws of that kingdom, and with the fame authority and 
 " privileges as before the Union." 
 
 This fettled the laws of private right : then the Court of Admiralty comes, as 
 a confequence of the fecond elaufe, as folows : "And that all Admiralty Jurif- 
 " diif^ions be under the Lord High Admiral or Commiffioners for the Admiralty 
 "of G.eat Britain for the time being; and that the Court of Admiralty nov/ 
 ** eftablilhed in Scotland be continued ; and that all reviews, reduiflions, or 
 
 " fuf^enfions
 
 APPENDIX. 581 
 
 '*' fiifpenfions of the fentenccs in maritime cafes competent to the jiirlfdi^tion of 
 *' that court, remaui in the fame manner after the Union as now in Scotlai.d, 
 *' until the Parliament of Great Britain (liall make fuch reguhittons and ahera- 
 " tions as ftiali be judged expedient for the whole United Kingdom, fo as there 
 " be alwa}'s continued in Scotland a Conrt of Admiralty, fuch as is in England, 
 *' for determination of all maritime cafes relating to piivate rights in Scotland, 
 ** competent to the jurifdi<51ion of the Admiralty Court ; fu'^jeft, njvtnhelefs, to 
 " fuch regulauons and alterations as (hall be thoughi proper to be made by the 
 *' Parliament of Great Britain ; and that the heretable rights of Admiralty and 
 *' Vice-admiralties in Scotland be referved to the refpeftive proprietors as rights 
 *' of property ; fubjeft, neverthelefs, as to the manner of exercifing fuch Lere- 
 " table rights." 
 
 That all plejs of right, whether in private right or pleas of the Crown, were 
 cognifable only in Scotland, is proved by the fame Articles, in the following 
 words: "And that no caufes in Scotland be cognofcible by the Courts of 
 *' Chancery, Queen's Bench, Common Pleas, or any other Court of Weftmin- 
 " fter-Hall ; and that the faid Courts, or any other of the like nature, after ths 
 *' Union, fliall have no power to cognofce, review, or alter the A£is or Sen- 
 " tences of the Judicatures within Scotland, or llop the execution of the fame." 
 
 The Exchequer, as a further confequence, follows next, in thefe words i 
 ** And that there be a Court of Exchequer in Scotland after the Union, for 
 *' deciding queftions concerning the revenues of Cultoms and Excifes there, 
 " having the fame power and authority in fuch cafes as the Court of Exchequer 
 " has in England ; and that the faid Court of Exchequer in Scotland have power 
 " of pafGng fignatures, gifts, tutories, and in other things, as the Court of 
 " Exchequer at prefent in Scotland hath ; and that the Court of Exchequer that 
 *' now is in Scotland do remain, until a new Court of Exchequer be fettled by 
 *' the Parliament of Great Britain in Scotland after the Union." 
 
 By thefe particular eflablilhments may be leen not only the manner of the 
 publick management in Scotland, but the reafon of it, and from whence it 
 became neceflary to have the Court of Exchequer, the Commiffions, and the 
 feparate colieftion of the publick Revenue, fettled in Scotland, all flowing from 
 this main original Hated in the Treaty, viz. that all caufes between the Qiieen 
 and the fubjeft are only cognifable in Scotland. 
 
 According to this foundation, the collections for the Cuftoms and Excifes were 
 fettled in Scotland in dlltinft commiffions, as has been faid ; and though at firft 
 the difficulties in the faid colleftions appeared great, and fome uneafinef&on every 
 fide began to rife, yet as they principally lay on the backwardnefs of the fubjedl 
 to come under a Itri(fl furvey as to the duties, time wore off thefe things, and the 
 
 people;
 
 5S2 APPENDIX. 
 
 .people became more fcnfible of the neceffity of the exad colledion, hi oider to 
 bring trade to an equal uy. 
 
 At the beginiihig the people thought every feizure of prohibited goods a vio- 
 lence upon their properties, and clamoured at the Englilh and the Union ; as if 
 the Union had been made not to bring them under good government, but to 
 leave them without government. Upon this notion they fell to running of brandy 
 in particular, at that prodigious rate that fome thoufands of fmall calks of brandy 
 was, in fpight of all the vigilance of officers, fecretly fuppofed to be put on (hore out 
 of the firil: Dutch fleet that came to Scotland after the Union ; and when the offi- 
 cers made feizure of feveral parcels, the rabbles by violence refcued them again, 
 as is already noted above. 
 
 But this pradice was eafily fuppreft, for not the Government only, but 
 ail the fair merchants were concerned in it, fince the running of goods on 
 {hore, without paying cuflom, is a known prejudice to the merchant, who 
 entering his goods fairly, and paying large cuftoms, is by thefe people under-fold, 
 * ind the market foredalled ; thefe things, therefore, began to meet with lefs en- 
 couragement ; and having no countenance but from the meer rabble, the frequent 
 loffes they met with, by the aiftivity of the officers of the Cuftoms, by little 
 and little, difcouraged the adventurers, and trade began to run in its proper 
 channel. 
 
 The difficulties of the Excife were of another kind ; of which by themfelves ; 
 and though the rules of collcfting the Excife, and the methods of charging the 
 fubjc(5>, were very exacl and regular, yet they were not without great obflruftions 
 in their work, as has been noted : The firft by reafon of a mifunderftanding of 
 the fenfe of the Article in the Union, fettling the duty of Excife, which, having 
 exprefl the feveral meafures not very exaftly, admitted a double conftruftion as 
 to the quantity, what was to be eftecmed theEnglifli barrel : The Commiffioners 
 had charged it one way, and the Brewers demanded it another, as follows. 
 The adt expreffi.'s it thus. 
 
 VII. " That a!! the parts of the United Kingdom be, for ever, and after the 
 " Union, liable to the fame excifes upon all excifeable liquors, excepting only 
 *' that the thirty-four gallons Englifli to the barrel of beer or ale, amounting to 
 " twelve gallons Scots, prefent meafure, fold in Scotland by the brewer at nine 
 " fi-.illings and fixpence (lerling, excluding all duties, and retailed, including du- 
 " ties on the retailer's profit, at two pence the Scots pint, or eighth part of the 
 " Scots gallon, be nor, after the Union, liable on account of the prefent excife 
 " upon excifeable liquors in England, to any higher impofition than two fliillings 
 " iterling upon the aforefaid thirty-four gallons Englifli meafure, being twelve 
 6 " gallons
 
 APPENDIX. 5S3 
 
 " gallons the prcfent Scots meafure, and that the exc'fe fettled in Fngland on all 
 ** other liquors, when the Union commences, take place throughout the whole 
 *' United Kingdom." 
 
 When the Excife Office came to charge the brewer upon this clavifc, they could 
 reckon it no othtrwife than as in England, by the gage of thirty-four gallons 
 Englifli to the barrel ; and thus the brewer flood charged for fomc time. 
 
 But the brewers objedted, and, flicking to the letter of the Article, demanded 
 to pay but two (hillmgs for twelve Scots gallons, whether it over-run the FngliQi 
 thirty-four gallons or no. 
 
 This occafioned fome fmall debate, but the prudence of the Commiffioners pre 
 vented the clamour fome people would willingly have raifed upon it, and 
 the juftices of peace directing one-feventeenth in each thirty-four gallons to be 
 allowed, the brewer for the prefent left it undetermined till the Parliament (hould 
 fettle it; and thus the brewers were made eafy : it is to be obferved, to the 
 honour of the perfons employed in the firfl fetdement of the Excife in Scotland 
 that, confidering the ignorance of the moft part of their officers in the art of gaug- 
 ing, and in the new methods of taking the worts, and making a charge, confider- 
 ing the difficuly of fatisfying and convincing the people, who were to pay the 
 duty, that they had no wrong done them, they themfelves being unable to ex- 
 amine the gaugers accounts, no duty was ever fettled with fo little noife, or with 
 fofew complaints, not one perfon, that ever I could hear of, having any appeal 
 from the Coramiffioners fentences, or making any complaint of injuftice done 
 them; but the colleftion went on eafy, was collected quietly, paid chearfuliv, 
 and vifibly improved the revenue, though nothing was paid by the brewer more 
 than they paid before. 
 
 Nor had it been poffible to colleift this duty legally, if it had net been fo, for 
 the commiffioners of the Excife laboured under another difficulty which none of 
 the other branches of the revenue were troubled with, i>iz. That the laws of 
 colleflion being by the Union to he the fame. as in England, and the juliices of 
 the peace being by the aft of Parliament, 12 Carol. II. in England made judges 
 between the Queen and the fubjcft, in cafes of difpute, from the beginning of 
 the Union till about Augufl: 1708, which was fifteen months, they were without 
 the afllftance of juftices to determine thofe difputcs. 
 
 There was, indeed, a nomination of juftices by the Privy Council of Scotland, 
 15 Auguft 1707, as will appear in its place, and for fome few months they did 
 meet and aft ; but this was a nevv fettlement, and the gentlemen named were yet 
 young in their bufinefs, little help could be had from them, and, v.hich was flill 
 Worfe, before they had titne to inform themfelves their power died by the aft 
 of Parliament in England diflblving the Privy Council in Scotland. This aft 
 
 pa0
 
 3«4 APPENDIX. 
 
 pad in the beginning of the firft Britifli Parliament, and by the ceafing of that 
 power, from whence thofe juftices derived, the power of the juftices alfo ceafed ; 
 and rhey were now to receive new commifllons from the Lord Chancellor of 
 Britain, as the juftices in England alfo did; this was not fini(hed till Auguft 
 1708 ; fo tliat, in all that time, the Commiffioners of the Excife had no legal au- 
 thority before whom they could convift any offender, or punifli any breach of the 
 law, or by whom any cafe could be determined. 
 
 Yet their bufmefs went on, and no complaint was heard againfl; their manage- 
 ment, no appeal made againft them, no difficulties but what they worked 
 through, to the general fatisfaftion. 
 
 The Excife as well as Cuftoms in Scotland had been farmed out, or let in tack, 
 as they call it, the Tackfmen or Farmers did their beft, for their own intereft; 
 but feveral circumftances rendered their method of collefting the Excife unfit to 
 be imitated, fuch as their officers, who were intirely ignorant of the art of gaug- 
 ing, taking the lengths of the worts by guefs, and proving quantities chiefly by 
 the oaths of the brewers and the like, which, joined with fome other praftices I 
 care not to mention, expofed both the Colle£lors and the Brewers to feveral in- 
 conveniencies, and in general made the charge on the Brewer many ways un- 
 equal ; a thing prejudicial not to the duty only, but to the fair dealer particularly, 
 who always fufters by the frauds and connivances of others. 
 
 On this account when the firft of May came, and the Union taking place, the 
 new duty was to begin, the Government found themfeives neccfTitated to feud 
 down a great many officers into Scotland, if polfible, to put things into fome order, 
 and prepare the people for the new method of colleftion ; what treatment thefe 
 officers received in Scotland, how ill t^^e people there ufcd them, and how little 
 they were able to do, will beft appear by this, that the Government found them- 
 feives obliged by proclamation to let the duty go on for fome time in the fame 
 methods, and collected by the fame officers, till the new methods could be pre- 
 pared. 
 
 Nor was this all, for though the new Conimiffion was formed as foon as pof- 
 fible, for the Commiffioners began to aff on the ninth of June, yet they had the 
 whole kingdom to regulate as to the collection, all their officers to inftruil, both 
 as to method and to aft ; the firfl relating to the accounts, and the laft as to gaug- 
 ing; not an officer in the whole kingdom underftanding the ufe of the gauging 
 rod, as is noted already, nor the people knowing the meaning of it. 
 
 This makes the diificulty of fettling the Excife in Scotland appear, and indeed 
 whoever confiders the manner of colledion before the Union, as before, will 
 wonder, how it was pofTible ever to bring the bufinefs into any order, for the 
 people, being raoit intolerably averfe, at firft, to the new regulations, raifed in- 
 numerable
 
 APPENDIX. 5B5 
 
 nnmerable clamours ai the olTicers that came from England, as impofing noveltirs 
 on them, and confounding their bufinefs ; and here, as well as in the Cuftoms, 
 the clamour againft Englifhmen being imployed, was laid hold of, but the con- 
 du6t of the Commiffioncrs here likewife effeftually anfwered that pretence, for 
 no fooner had the officers, fent by the Commiffioncrs in England, as above, 
 done the work they came about, viz. in dirci^ing and inflrudling the officers m 
 Scotland, but the greateft part of them were fent back again, and fofew Englilli- 
 men remained in the Excife, that it is not worth naming. 
 
 The names of the Commiffioncrs as fettled, after fome few alcerations, were as 
 follows : 
 
 Alexander Wetherburn, Efquire. 
 John Montgomery, Efquire. 
 John Whittham, Efquire. 
 David Rofs, Efquire. 
 Alexander Forbes, Efquire. 
 
 Nor was the duty of Excife, as a revenue, without its difcouragements, as well 
 as the Cuftoms ; the article of private rights, referved by the Union, had of coarfe 
 brought feveral exemptions upon them, fome of which have proved very con- 
 fiderable hindrances to the duty. 
 
 The Commiffioncrs, however, difputed with fome of thofe people who claimed 
 exemptions of duty, and the debate on thofe heads lay undetermined before the 
 Barons of Exchequer at the writing thefe flieets. 
 
 Under all thefe difcouragements, yet the colleflion went on, and the Brewers 
 foon became fatisfied with the manner of charging the Excife, viz. by gauging, 
 as the mod equal, indifferent, and undeniably 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 fuffer by the frauds of 
 clandeftine dealing. 
 
 Nay, this was evident by the Brevters themfelves, who, differing with the city 
 of Edinburgh alfelTors about the taxes paid to the city, endeavoured to have the 
 city officers charge them by the gauging rod, as in the Excife, but could not ob- 
 tain it. 
 
 I have infilled upon the difficulties of fettling thefe things, to flaow the world 
 the abiblute neceffity of placing the colledVion of the revenue in Scotland, dif- 
 tinft from that in England; and alfo as a thing needful, to fliow by what fteps 
 the feveral offices arrived to that order and exaftnefs which they nov/ 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 through already, as diftindly 
 
 4 E as
 
 586 APPENDIX. 
 
 as 1 can, in the feveral obfervations on the minutes of the Treaty, firft at London,. 
 and after in the Parliament of Scotland. We are now come to the j^ayment of it.. 
 
 The Parliament had determined, both how it Ihonld be difpofed of, and who- 
 fiiould difpofe it, 172. That the Queen (hould name Commiffioners to receive anck 
 jiiue out the faid money according to the terras of the Union; this you have- 
 exprefsly in the fifteenth Article of the Union, as concluded at London^ as fol- 
 lows: And it is agreed, That her Majefty be impowered to appoint Commiffioners,- 
 whe (hall be accountable to the Parliament of Great Britain, for difpofing the: 
 laid fum of three hundred ninety-eight thoufand eighty-five pounds, ten fhill- 
 ings, and all other monies which fhall arife to Scotland, upon the agreements" 
 aforefaid, to the purpofes before-mentioned : which Commiffiouers fhall be im- 
 powered to call forj receive, and difpofe of, the faid monies in manner aforefaid, 
 and to infpeft the books of the feveral Colieclors of the faid revenues, and of all 
 other duties from whence an equivalent may arife ; and that the Colleflors and 
 Managers of the faid revenues and duties be obliged to give to the faid Commif- 
 fioners fubfcribed authentick abbreviates of the produce of fuch revenues and 
 duties arifing in their refpeftive diftrids : And that the faid Commiffioners fhall 
 have their office within the limits of Scotland, and fhall, in fuch office, keep books 
 containing accounts of the amount of the equivalents, and how the fame fhall have 
 been difpofed of from time to time, which may be infpeded by any of the fub- 
 jeds who fhall defire the fame. 
 
 The Queen, purfuant to this power, appointed Commiffioners for the manage- 
 ment of the equivalent ; and the money, being raifed by Parliament, lay ready in 
 ihe Bank of England. 
 
 The Commiffioners named by the Queen were twenty-five in number, as 
 follows : 
 
 Sir Andrew Hume, 
 
 Mr. William Dalrymple of Glenmulr, 
 
 Sir Robert Sinclair of Stevenfon, 
 
 Sir Thomas Burnet of Leyes, 
 
 Sir John Arefkin of Alva, 
 
 Sir John Swintoun of that Ilk, 
 
 Sir James Campbell of Aberuchil, 
 
 Sir James Smollet of Bonhil, 
 
 Sir Pat. ick Johnftoun, 
 
 Mr. J< hn Hadden of Glenagis, 
 
 Mr. John Bruce of Kinrofs, 
 
 Mr, William Seton, younger, of Pitmcddcn, 
 
 Mr. 
 
 Commiffioners of the 
 Equivalent.
 
 A P P P E N D I 
 
 Mr. John Clark, younger, of Pcnniecook, 
 
 Alexander Abercrombie of Glaflbch, 
 
 Mungo Grah^me of Gorthie, 
 
 Mr. John Pringle of Haining, 
 
 Daniel Campbell, 
 
 Sir John Cope, 
 
 Jacob Reynardfon, 
 
 John Bridges, 
 
 James Houblon, 
 
 Merchants in London, 
 
 Sir Francis Grant, 
 
 Bailie of Jervifwood, 
 Graham of Dowgalfloun, 
 Douglafs of Kelhead, 
 
 X. 
 
 587 
 
 Commiffioners of tht 
 Equivalent, 
 
 Thefe did not accceot 
 the bufinefs at the firlt. 
 
 The four Merchants of London were named, becaufe, as members of the Bank 
 of England, they were required to be prefent upon the fpot, in order to fupport 
 the credit of the Bank, in cafe any body had fcrupled their bills ; and indeed 
 there was occafion fufficient for their being there, as will appear prefently. 
 
 It was now the beginning of July, and the money was not yet come away 
 from London. It would be endlefs to record here the fcandalous refle£lions fpread 
 about, of the delay of payment, and how the Englifh, having fecured the main 
 point, would pay the money when they pleafed, or perhaps never ; and fome ran 
 it up to that height, as to fay, that the Englilh defigned to cheat them of the 
 money. 
 
 Again : another fort of people pretended the Union was broke, becaufe the 
 money was not paid by the firfl: of May ; and there was a difcourfe of fome 
 gentlemen, who came up to the Crofs of Edinburgh, and protefted, in the name 
 of the whole Scots nation, That the conditions of the Treaty being not complied 
 with, and the terms performed, the whole was void, and Scotland was again 
 free, whenever an occafion offered to lay hold of that freedom ; that fome peo- 
 ple were fo weak to talk thus, and that a certain gentleman was foolifli enough 
 
 to make fuch a formal proteftation, I have fome reafon to believe; but thatD 
 
 H was the man, I profefs not to know, and believe that noble perfon to 
 
 underftand the nature of the Treaty, and the nature of protefling alfo, better 
 than fo. 
 
 Be it as it will, fuch proteftation was of no ufe, neither could it have any 
 
 •iij3[nification, being made purely without ground, the Treaty having no where 
 
 tied lip the Government of England to have the money adually in Scotland by 
 
 4 F 2 fuch
 
 588 APPENDIX. 
 
 fuch a day; nor was England by the Treaty under any obligation to a day of 
 payment; but two things prefcribed the payment, and a third clears it all moft 
 efleaually. 
 
 1. That, by the cuftom of England, any payment contrafl-ed ^or f.ne die be- 
 comes a debt demander, or payable at demand ; and ib the day being not prefixed 
 in the Articles, the money became ]^ refently due, viz, the firfl: of May; but 
 under no forfeiture on delay of days, much lefsa diflblution of Articles. 
 
 2. But if this nicety had been infifted on, then it is anfwered, that the money 
 xvas aftually paid by England, being delivered by the Treafury to a certain 
 number of the Coinmilfioners appointed for receiving the equivalent ; and this 
 either upon or before the firfl of May ; and though it was not adhially come 
 down into Scotland, yet, if it was delivered in London to the proper perfons- 
 appointed to receive ir, the Government of England was fairly acquitted of the 
 payment. And this is to be feen by the faid CoramilTioners receipt in the Exche- 
 <juer in England, when the money was paid. 
 
 3. But a third claufe fhewed all this to be an infignificaut and a mofl; ignorant 
 pretence; for the equivalent was adualiy paid and made good to Scotland before 
 the Treaty was concluded; and it vvasexprefsly flipulated fo to be ordered in the 
 fifteenth Article, in thefe words: " It is agreed, that Scotland (hall have an 
 " equivalent for what the fubj efts thereof fliall be fo charged towards payment 
 *' of the faid debts of England, in all particulars whatfoever, in manner fol- 
 " lowing, viz. that before the Union of the i&xd. kingdoms, the fum of three 
 " hundred ninety-eight thoufand and eighty- five pounds, ten Ihillings, be granted 
 ** to her Majefly by the Parliam.ent of England, for the ufes after-mentioned,, 
 " being the equivalent to be anfwered to Scotland for fuch parts of the faid 
 " Curtoms and Excifes upon alt excifeable liquors, with which that kingdom is to 
 '* be charged upon the Union, as will be applicable to the payment of the faid 
 " debts of England, according to the proportions which the prefeni Cuftoms in 
 " Scodand, being thirty thoufand pounds /ler annum, do bear to the Cufloms in 
 *' England, computed at one million three hundred forty-one thoufand five hun- 
 *' dred and fifty-nine pounds per annum; and which the preftnt Excifes on; 
 *' excifeable liquors in Scotland, being thirty-three thoufand and five hundred 
 " pounds per annum, do bear to the Excifes on excifeable liquors in England,, 
 '•computed at nine hundred forty-feven thoukvnd fix hundred and two pounds 
 "/»fr annum; which fum of three hundred ninety-eight thoufand eighty-five- 
 " pounds, ten Hiillings, fliall be due and payable from the time of the Union." 
 
 It is evident from this Article, that the fecurity demanded by Scotland, for the 
 payment of this money, was, " That the Parliament of England (hould raifc the 
 "* fum agreed, and fliould grant it to her Majefly, for the uies in that fifteenth 
 
 " Article
 
 APPENDIX, 589 
 
 " Article expreffed';" that is, in {hort, That the Parliament fhonld grant to her 
 Majefty fuch a fum of money, and appropriate it to the paymeni of the equi- 
 valent. This really was payment, and was fo accepted ; and the money being 
 grr.iited to the Queen was nothing but as a depofit in a tliird hand, till the 
 ratification of the Treaty lliould pafs in Scotland, and be confirmed in England, 
 or till the Union fliould take place, when, and as soon As that was done, the 
 money was a£lually the right, the proper goods of the Scots; and the Govern- 
 ment of England could not have kept it back, no, though the Treaty had been 
 afterwards diffolved or broken ; fo that the objeftion againfl:' the payment of the 
 equivalent in time dies and falls to the ground in this, that it was aflually paid 
 by England before the Union began, and placed in fuch hands as a tn\<\, to be at 
 the demand of the Scots, as foon as the Union took place : " Due and payable 
 ** from the time of the Union," are the words of the Article. As foon, there- 
 fore, as the Union took place, the Treafury of England became debitor to Scot- 
 land for fuch a fum of money ; but the Parliament of England, with whom the 
 Treaty was made, were difcharged of the payment as foon as ever the AtT: of 
 Appropriation was palTed in the Iloufe. - 1" '. 
 
 This, I think, is clear, and admits of no difpute ; but it ihows the weaknefs 
 of thofe people, that promifed themfelves any thing from the delay of the 
 money coming into Scotland. Nor did their error ceafe here; for, when the 
 money came, they were not at all better pleafed, but raifed new clamours at 
 the Union ; and really went to that height in their reproaches;,, that it feemed as 
 if they had yet latent expeftations of raifing a new tumult. " " t' 
 
 It was indeed fomething remarkable here, and not a few people took notice of 
 it, that the very fame people, who juft before exclaimed at the Englifh for not 
 paying the money, and cried out they were cheated, and the Union broken, were 
 the fame who, when the money came, made as much noife en the other hand of 
 being bought and fold, and that money being the price of their country. 
 
 The violence of this temper appearing fo openly, I cannot be counted partial ini 
 giving a true account of it, fince I could not be faithful to the matters of faft, 
 if I omitted it. 
 
 On the day of Augufl the money came to Edinburgh, in twelve 
 
 waggons, guarded by a party of Scots dragoons, and was carried direftiy to the 
 caftle. If I omit to enter into the detail of the reproaches and railings at the 
 poor innocent people that brought it ; nay, at the very horfes that drew the , 
 carriages ; it is, becaufe it was a folly below reproof, and rather deferves pity. 
 
 If I omit naming a known perfon, in no concealed ftation, who was for 
 having the dragoons that guarded it hanged for brmging it in ; and, being 
 afked, What, he would have the poor men do with it ? anfwered, They fhould 
 
 Luveu
 
 ^9o APPENDIX. 
 
 have cut all them that brought it to pieces, and kept the mcmey from coniing 
 into the country. If I omit naming this gentleman; it is in refpeft to his 
 charadler, and in hopes he may live to be wifer, andto acknowledge his incon- 
 lidcwte rafhnefs. 
 
 The waggons, as Is noted, were driven direftly to the caflle, and the money 
 lodged there, to be ifTued in it-s courfe. The people, fet on by proper engines, 
 fhewed their diflatisfaftion at firft, by rudely floning the poor carters and drivers, 
 and two or three were very much hurt by ftones, as they came back with their 
 horfes from the caftle. 
 
 But this was but the remains of the tumultuous temper we have been taking 
 notice of before; and the poor ignorant people, afting only from outward 
 appearances, without confideration, grew calm again of courfe. . Nor among the 
 mofl: malcontent perfons could I ever find any, that, when ,the money upon the 
 African ftock came to be paid, would think the fpecies unhallowed enough to 
 • refufe iheir fhare of it. 
 
 As foon as the money was arrived, the Commiffioners for the equivalent begaa 
 
 ,to fit, and immediately applied themfelves to the dirtribution of it according to 
 
 the terms of the Treaty ; and having fet apart a due proportion for the expence 
 
 of the coinage, they went immediately to work with the African ftock, and 
 
 began to pay off, 
 
 Yet I mud not omit a difficulty here, that had almofl: put the affair to a full 
 flop for a while ; and this was from the fpecies of the money they had brought. 
 The cafe was as follows. 
 
 The Bank of England had that year, upon an advance of a fum of money to 
 the Government, received 1,200,000/. or thereabouts, in Exchequer bills, 
 which being made current by the credit, both of the Government in publick, 
 and after by the Bank in particular, they prefumed would pafs in payment, as 
 common paper credit ufually did in London, without intereft, being always 
 payable at demand by the Bank in London ; this they expefled fhould go dowa 
 without any difficulty in Scotland. 
 
 But the Bank feemed under Tome miftake as to'the extent of their reputation, or 
 at lead as to the circumftances of Scotland, when they propofed the putting off 
 thefe Exchequer bills there. 
 
 However, they ventured, and fending only 100,000/. In ready money, in 
 the waggons mentioned before ; the other 298085 /. 10 s. was fent down in this 
 paper credit or Exchequer bills. 
 
 This raifed a new clamour In Scotland, and abundance of people ran away 
 with it, that the Englifli tricked them ; that they had fent them paper inftead 
 vof money ; that the great argument formerly ufed to perfwade Scotland to the 
 
 Union,
 
 APPENDIX. 591 
 
 Union, to take upon them a fhare of the burden of the Englifh debts, and to 
 accept of an equivalent, was the great advantage that fhould accrue to Scotland, 
 by the circulating of fo much ready money in the nation ; and that now they 
 were to be put off with bills payable 300 miles off, and which, if loll or miflaid, 
 or by accident burnt, were irrecoverable. 
 
 The truth is, the Bank of England took a wrong rtep here; for, firft, they 
 ventured upon Scotland with their bills inftead of money, without confulting 
 either the temper or the circumflances of Scotland at that time. 
 
 Had they correfponded with the Bank of Scotland, and obtained of the faid Bank 
 to circulate their bills, either by their own credit or ca(h ; had they cflablifhed 
 any running cafli in Scotland for the circulation, where they fhould have been 
 received and iffued on occafion; they had come off better; or had the bills had 
 running intereft upon them, that thofe people who laid them up might have had 
 an increafe upon them as they lay by, there had been fome reafon to expedl they 
 might have paffed. 
 
 But the Bank had ingroffed the intereft paid on the bills by the Government, 
 and then fent them naked into the world, to run purely on the credit of their 
 fnnd, without any intereft running upon them. This, and confidering Scotland 
 a place not yet of a great inland commerce, in which alone fuch bills are capable 
 of being made current, made it very improbable, that their bills fhould' pafs in 
 Scotland. This miftake the commiffioners themfelves faw, as foon as ihey came 
 to Scotland, and therefore immediately fent away to England for 50000 /. 
 fterling more in gold ; nor had this been able to have carried them thorow the 
 payment, had not the Commiffioners very prudently taken all the Exchequer bills 
 that any one brought them, and given bills of exchange for them, payable ia- 
 London. 
 
 When the Commiffioners found how it was, they faw no remedy but to declare, 
 that though they had brought Exchequer bills down, in order to fupply the 
 deficiency of bullion, which was then fcarce enough in England, yet that no- 
 body Ihould be obliged to take them without their confent, nor (hould any body 
 be refufed payment as they came in their order: and as a certain great perfon 
 began with them, as fome thought, by way of experiment, and having a ilemand 
 for 4 or 5000 /. upon the African ftock, refufedto take any of the faid bills^ 
 the Commiffioners immediately ordered it all to be paid in fpecie. 
 
 This, and a conftant currency of payment, began to raife them fome reputation j 
 andTorae who were friends to the Governmenr, and faw the exigence of the prefent 
 cafe, accepted of Exchequer bills for large fums-: others would take hnlf money, 
 half bills : and others that came for their money before their turn came, yet had 
 it-offered them if they would take bills, ftill preferving this point facred,that no- 
 6. body^
 
 59a APPENDIX. 
 
 body was refu fed his payment in courfe in money, if he in filled on k. Thus, 
 with a great deal of difficulty, at laft they worked thorow the payment of the 
 African ftock. The bills went all away to England To direclly, that in fix 
 months time there was not one to be. feen. 
 
 So the main end of the Bank, viz. ihe circulation of thefe bills in trade, as a 
 pappf credit, was quite loft, which, had the intereft been running upon them, 
 would have been ealy and readily complied with. 
 
 However, it was at lafl:, contrary to expeflation, concluded; and the whole 
 African ftock being paid off, that company diffolved and died. 
 
 . The next affair was the fettlement of juftice in Scotland : and this fufFering 
 fome alteration, it is needful to give a true account of it, according to my title. 
 
 It had been flipulated by the eighteenth and nineteenth articles, " That all 
 ■*' other laws, in ufe within the kingdom of Scotland, do, after the Union, and 
 *' notwithftanding thereof, remain in the fame force as before (except fuch as are 
 *' contrary to, or inconfiftent 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 thofe which concern private 
 *' right ; that the laws which concern publick right, policy, and civil government, 
 *' may be made the fame throughout the whole United Kingdom ; but that no 
 " alteration be made in laws which concern private right, except for evident 
 *' utility of the fubjefts within Scotland. 
 
 " That the Court of Seffion, or College of Juftice, do, after the Union, and 
 ** notwithftanding thereof, remain in all time coming within Scotland as it is 
 " now conftituted by the laws of that kingdom, and with the fame authority and 
 *' privileges as before the Union ; fubjeft, neverthelefs, to fuch regulations for 
 " the better adminiftration of juftice as fhall be made by the Parliament of Great 
 " Britain ; and that the Court of Jufticiary do alfo, after the Union, and not- 
 " withflanding thereof, remain in all time coming within Scotland as it is now 
 *' conftituted by the laws of that kingdom, and with the fame authority and 
 " privileges as before the Union ; fubjeft, neverthelefs, to fuch regulations as 
 •' Ihall be made by the Parliament of Great Britain, and without prejudice 
 *' of other rights of jufticiary." 
 
 Thefe claufes preferved the ordinary procefs of law, in cafe of private right, 
 in the fame courfe and condition as before ; but all pleas of the Crown, matters 
 of difpute between the Qi_ieen and fubjeft, relating to the revenue and trade, 
 being to be tlie fame as in England; for that rcafon, there were ncccfTary altera- 
 tions to be made in the methods, and even new models of proceedings to be 
 formed, fpecial to Scoilaad. 
 
 Atxd
 
 APPENDIX. 
 
 S9$ 
 
 And fird of the civil peace. 
 
 The feveral branches of the revenue, depending much upon the execution 
 of petty juftice, and particularly the Excife, in which the jufticcs of peace arc 
 in mod cafes the judges between the brewer and the collector; in this cafe it was 
 neceffary to renew the model formerly ufed, and taken from England, viz. of 
 juflices, conflables, head-boroughs, &c. and this not on'y for the deciding dif- 
 ferences in the duties, but in forcible entries, executing warrants, apprehending 
 offenders, and the like ; in which cafes confl^bles and other officers arc neceffary, 
 both to preferve the peace, to affifl: in fearching houfes, and in executing the 
 refpeftive warrants of the laid jurtices of the peace. 
 
 This, I fay, made it abfolutely neceffary to eftablilh the fame method of civil 
 juftice in Scotland as in England, viz. by juftices of the peace, conftables, dic» 
 which at that time was not in ufe in the whole country. 
 
 It had indeed been formerly attempted in Scotland ; and there were fome afls of 
 Parliament then in force, for the making juftices of the peace in Scotland as in 
 England, particularly the 12th A61 of the firft Parliament Carol. II. anno 1661, 
 and again by the 38th Afl of the fame Parliament. And thefe Afts are recited 
 again in the proclamation for ere(ning new juflices at this time ; which proclama- 
 tion, leaving out the names of the perfons as ufelefs and tedious, I have annexed 
 in the Appendix N° (F 3). 
 
 Upon the Revolution, this method of governing by juflices, however ufeful in 
 its kind, yet, as having been negligently or arbitrarily made ufe of in the former 
 times, was laid afide, and the Government of Scotland lay, as it had ufually done, 
 too much in the abfolute difpofition of the heretable magiftrates, fuch as flierlffs 
 of counties, ftewards of ftewartries, and fuch right as the fuperiorities and ufages 
 of places gave to the lairds ; a conftitution not at all calculated for the liberty of 
 Scotland, or the increafe of the happinefs of the people. 
 
 Upon the fettling the Culloms and Excife as above, it became, I faj', neceffary 
 to reftore the former model of petty juftice, as, per the proclamation before- 
 named, was done at this time; and accordingly juftices of the peace and con- 
 ftables were eredted all over Scotland ; but this received another interruption, as 
 a confequence of the Union, which put a flop to all the civil adminiftration 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 Union, the Queen's Majefly, and her Royal Suc- 
 " ceffors, may continue a Privy Council in Scotland, for preferving of 
 " publick peace and order, until the Parliament of Great Britain fhall 
 
 4 G *' think
 
 594 APPENDIX. 
 
 *' think fit to alter it, or eftablifh any other effe£lual method for that 
 "end." 
 As foon as the Parliament of Great Britain met, and began to enquire into the 
 matter, they found the very nature of a Privy Conncll In Scotland, but efpecially 
 the manner of their Privy Coucils, fo inconfiftentwith the Treaty of Union, and, 
 above a!!, with the liberty of the fubjefl, that they effeftually diiTolved it, and 
 Toted that there fliould be but one Privy Council in Britain. 
 
 I know this Aft was oppofed by feveral forts of people; and complaint was 
 made, after its diflblution, that Scotland was left without any form of govern- 
 ment. Some others complained from another principle, of which I need fay 
 Hoching; here. 
 
 The minirters of flate alfo oppofed it a little ; but no further than as they 
 thought things were not ripe in Scotland for fo fudden a diflblution of the face of 
 power among them, and therefore would have had it continued for fome certain 
 limited time only, and that with fuch limitations of authority as might be regu- 
 lated by Parliament; but it was thought both burdenfome and dangerous; and 
 indeed the Council in Scotland, a£ling arbitraril)', had given the lovers of 
 liberty fuch anaverfion to them, that they could not hear of it; and fo, after 
 fome ftruggle, the Council was diflblved by Act of Parliament. 
 
 Thisis mentioned here becaufe of the interruption given by the accident of this 
 diflblution to the courfe of petty juflice, as aforefald ; for now all the commifllons 
 of the peace ceafed, being granted by the faid Privy Council ; and by the new cfta- 
 biilhment of the Council, which was now to be called the Council of Great 
 Britain, and v-fhich was to have the fame powers, and no other, which the 
 Council of England had before, the commiflions of the peace could no more be 
 given by the Council, but by the Lord Chancellor. The commiflions therefore 
 terminated, and the new method of adminiftration met with an interruption 
 of feveral months, but was reflored again by a general commiffion of the pence, 
 under the Great Seal of Britain, nominating juftices of the peace through all 
 Scotland, conform to the method of England. This commiflion bears date the- ' 
 13th day of May, anno 1708 ; and on this foot the whole ifland now ftands in 
 one form of adminiflration as to petty juflicc, and therefore this Aft is called, 
 " An Aft for rendering the Union more compleat." Which Aft, for the more 
 particular underftanding this affair, I have added in the Appendix, N° (II. 3.). 
 But here it is to be obferved, that though this Aft gives power to all the juflices 
 of the peace in Scotland, to " do, ufe, and exercife, over dll pcrfons within 
 " their feveral bounds, whatever doth appertain to the office and truft of a juflice- 
 " of peace, by virtue of the laws in England before the Union, in relation to or. 
 " for the prefcrvation of the publkk peace ;" yet it is provided, «' That in all 
 6. ' (t til,.
 
 A P P E N D I "X. S9S 
 
 ** the felTions of the peace they are prefcribed to the methods of trial and judge- 
 " mcnt according to the laws of Scotland." 
 
 This I note here, becaufe feme would have fuzgefled, that this erefling of 
 courts of petty juftice, for fuch the feveral feffions of the jufticcs properly arc 
 in Scotland, and giving them authorities from the laws and ufage of England, 
 was an invafion of the nineteenth Article of the Union ; but it was clear other- 
 wife : for though in the publick peace their methods were the fame as in Eng- 
 land, yet it is obfervable, 
 
 1. That very claufe was enafted in Scotland in the feveral Afls of Parlia- 
 ment of 1661, recited in the commiflion, and never refcinded in Scot- 
 land ; and by the Union thofe Afts are of courfe confirmed, not being 
 any way inconfiftent with, or contradifting the Treaty. 
 
 2. Had it not been fo, the thing- irfelf had been no way injurious to the 
 Treaty of Union; the methods of trial, judgement, and execution, 
 being as above prefcribed by the laws of Scotland, and to continue in the 
 fame form as before. 
 
 And this will more particularly appear in reading the very nature and form of 
 the commiffions of the peace granted by the' Queen to the refpeftive counties or 
 fliires in Scotland, one of which, viz. for the (hire of Edinburgh. For the more 
 efpecial underftanding this matter, I have annexed in the Appendix,- part II. 
 
 NMG. 3-)- 
 
 I might have entered here upon the differences of proceedings in the feveral 
 
 new eftabliflied courts of juftice, as of the Exchequer and Admiralty, and the 
 general and petty feffions of the juflices -, but thefe things feem not the proper 
 fubjeft of a hiftory, fo I wave them here, the latter part alfo being very well per- 
 formed to ray hand, I mean, relating to the proceedings and office of a juflice 
 of the peace In Scotland, by the ingenious hand of Mr. William Forbes, Advo- 
 cate in Scotland, to which I refer the reader. 
 
 There was an alteration in matters of jufticiary, as it is called in Scotland, 
 that is, of criminal procefs ; for whereas this was wholly left to a certain court, 
 confining of five Judges, who were therefore called the' Lords of the Jufliciar)', 
 and that their court was holden only at Edinburgh, it was confidered, that this 
 was too great an interruption of juftice, and oftentimes occafioned the negled 
 of profecution, as well as made that profecution both difficult and chargeable to 
 the fubjeft, by which lueans thefts, violences, and fometimes murders, efcaped 
 due punilhment, the Parliament determined, by the fame Aft of Parliament as 
 before, that the Lords of the Jufticiary fliould divide the kingdom into circuits, 
 and that thefe circuits lliould be twice a year; that thus juflice uiioht, as ia 
 
 4 G 2 England,
 
 596 APPENDIX. 
 
 England, be carried home to every man's door, and all the former inconTcniencles 
 iright be for the future avoided. 
 
 The manner, methods, and other circumltances, fuch as time, place, 8jc. fince 
 they were nothing at all altered, the adl of Parliament referring wholly to a for- 
 mer law, made in the third felTion of the fecond Parliament of King Charles ]I. 
 came not under the head of Alterations which I am now upon, and Confequently 
 need not be inserted. 
 
 I might bring the alterations of eleftions of members for Parliament 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 fo exprefsly fet down there, 
 that it needs no comment at all, being nothing but meer matter of form ; but as 
 there required fome addition to the manner of the returning of writs, and of the 
 managing elections, you will find them in the fame aft of Parliament lafl: quoted, 
 and printed iu the Appendix as above, all that matter being fully determined in 
 this aft. 
 
 The matter of the Exchequer Court now erefted needs no other defcription 
 than this, that it is erefted in the fame form, and proceeds by the fame method, 
 as in England, having Barons, a Remembrancer, Treafurer, and all the refpec- 
 tive Clerks and offices as in England. 
 
 The firft Barons were as follows ; 
 
 The Earl of Seafield formerly Lord Chancellor of Scotland 
 Lord Chief Baron, 
 Mr. Baron Clark, 
 Mr. Baron Maitland, 
 ' Mr. Baron Smith, 
 
 Mr. Baron Scroop. 
 
 The Admiralty Court in Scotland remained ; and the Earl of Weemyfs, whe 
 was before Lord Admiral in Scotland, was now made Vice-Admiral, by Cora- 
 miffion, under the Prince of Denmark, Lord High Admiral of Britain, and was, 
 at the fame time, nominated a member of the Prince's Council in England. 
 
 The inferior courts of judicature in the Admiralty remained as before, fuffering 
 no alteration in form, fave that what related to the publick revenue, or the claims 
 of the Sovereign, began to be modelled as in England, agreeable to the iSth and 
 19th Articles of the Union. 
 
 Thus the law in Scotland remained intire, the procefs in common caufcs being 
 the fame, and the alterations being confined, as per the Treaty, to the cftablilhed 
 methods of Scotland. 
 
 I come now to the coin ; and though this has been a thing of great confe- 
 quence, yet it requires little more to be faid to it, than juft that it fuflfered a 
 
 general
 
 APPENDIX. 597 
 
 general revolution; and that all the former coins of Scotland, as well as the forign 
 fpecies of money which went current in Scotland, the Englifli money excepted, was 
 called in and recoined, the Englifli money being only to pats current. 
 
 But there was a difficulty which, I have noted in the Minutes, gave them fome 
 trouble, viz. that the Englilh money, which went for one penny in every fliiliing 
 advance, fliould be reduced to a par, that the lofs fliould be made good by the 
 Government, and yet the Englifli not bring in great quantities to Scotland, to be 
 offered to the Mint at one penny pfr fliilling, and immediately received again 
 with an allowance of the difference: to prevent this, that contrivance was found 
 out, to bring in all the Englifli money at one certain day, and receive it out 
 again with an allowance for the difference ; this occafioned the proclamation for 
 the alteration, that all the money fliould be paid in on a fliort day, and im- 
 mediately returned with notes for the difference-, this proclamation, as it ex- 
 preffes the whole fcheme, 1 have added in the Appendix, N°. I.; which, though 
 it be a long proclan-ation, yet, as it may be a precedent in like cafes, I have fet 
 down for general information. 
 
 The feveral proclamations for the gradual calling in the old money are too 
 ixiany to note here-, it may fuffice to hinr, that, as the foreign money being 
 brought in, which amounted to above 150,000 pounds fterling, and this going 
 into the Mint, the new coin began to circulate very Ipc.-dily ; and, at the wrhing 
 thefe flieets, the whole nation was fuil of nuw money. 
 
 The feveral denominations of money before tiie Union in Scotland, I mean not 
 of old obfolete coins, but fuch as were now current, were as follows ; 
 The bodle, or turner, fix of which goes to a penny. 
 
 The half-penny, or baubee, two to a penny. 
 The Irifli half-penny and French doits had paffed, but 
 were cried down by aft of Council. 
 
 Thefe were all of 
 copper. 
 
 The Foreign Silver Coin was fuch as. 
 
 The ducatoon of feveral coin^, which paffed at 6s. zd. they had paffed at 5?, 
 lod. but were railed by an aflof Council to ds. id. whicu caufed great quantities 
 to be brought in. 
 
 The dollar, of feveral coins, went formerly at 4^. 8^. were raifed up to 4J. lod^ 
 each -, and four forts, viz. the Bank dollar, the Wild Horl'^, the Caftle, and the 
 Wild Man dollars, were, by the fame adt of Council, raifcd to crowns. 
 
 The French crown had fonuerlv paffed for 5C) </. but was alfo raifed to $^d. 
 
 The French quarter pieces, which paffed for ■^d. each. 
 
 Engliflj
 
 598 A P P E N D I X. 
 
 , EngllQi Coin. 
 
 Broad gold of England generally pafied, Jacobus at 27/. and Carolus at 25^. 
 
 The Guinea gold puffed at the Revolution at 22J. each, but were raifed with- 
 out any publick authority or rule, only by the circumflances of trade, to 23X. 8^. 
 This was the reafon why, when the coin was called in, and the price of this re- 
 duced, the Government made no allowance on the gold. 
 
 The EngliQi filver coin paffed by aft of Council at one penny /fr fhiUing 
 advance. 
 
 Domeftick Coin. 
 
 Old Crowns of King James's and Queen Mary's, which paffed for Crowns, but 
 (very few of them were to be feen. 
 
 Old Mark pieces, called old fourteens. 
 
 New Mark pieces, called alfo fouiteens^ the lafl coined in Cha. I. and Cha.^11. 
 with doubles of the laft, called two Marks, after raifed to half dollars, and four 
 Marks, raifed alfo in proportion, with half pieces at T d. and quarters at 3^. half- 
 penny. 
 
 New milled money of King William's coin of feveral values. 
 
 As Crowns and Half-crowns. 
 
 Forty-pence, twenty-pence, ten-pence, and five-pence pieces. 
 
 There was, at this time, no Scots gold coin current, or to be feen, except a few 
 preferved for antiquity. ; 
 
 There were feveral fpecies of Scots money that had been current, and of which 
 feveral remainders were to be found ; but the quantities were^fo fmall, that I do 
 not place them among the current coin. ; '{^ !i\"'o!- o;.' 
 
 It is enough to fay, that all forts were called in by the Treaty ; and no money 
 made current by the Government, but the Englifli or Britilh coin. 
 
 I need not record the days and times, when and how long every particular 
 fpecies were permitted to pafs ; it is enough to fay, the prudence of the Go- 
 vernment fo ordered it, that the people felt no mifs, or want of the current money ; 
 and the thing was done fo gradually, that the new money was circulating, before 
 the old was called in. 
 
 This was done thus ; firft, the Englifh money was reduced, as has been ob- 
 ferved, by proclamation •, then the foreign money was brought in ; and this being 
 a much greater quantity than was expedled, ihe Mint immediately fell to work 
 with it; and this, joined to the money brought down for the equivalent, f-urnilhed 
 above 200,000/. in filver money, bcfides what Englilh money was in the country 
 
 before ;
 
 . A .P P E N D I X. 599 
 
 before; fothat the' new mortey was difperfcd in every corner of the nation in- 
 fenfibly, and the old went off gradually, without any interruption to bufinefs ; 
 and at the writing thefe fheets, the lalt, viz. the Scots milled money, was yec 
 pafliug, bud appointed to come into the mint by a certain day ; there were feveral 
 proclamations for this, and feveral days appointed ; I have added only one in the 
 Appendix, to let the reader info the method fettled for this purpofe, which ter- 
 minated the currency of the Scots money to the 23th of February 17c; ; but even 
 that time was [lengthened afterwards, and the Scots money fullered to pafs apain 
 till the latter 'end of Septembei', 1708 ; and thus by degrees the Englifli coin' 
 prevaiiled, and is. now the only current coin of the nation. This Proclamation is 
 marked in the Appendix, N". (K 3.) 
 
 I cannot fay fo much for the new regulations of weights and meafures, in which , 
 though appointed by the Union to be made the fame, little progrefs could be 
 made at the writing of thefe accounts, favfe that the' public bufinefs of the Cuftom- 
 Houfe -was alffettled by the weights and meafures of England; but cuflom had 
 fo inured the people to the former weights and meafures, efpecially the weights 
 for their retailing' goods, and the meafures for corn, that it was impoffible tO' 
 bring the change about fo foon ; time alone can bring it to the iffue defigned. 
 
 Nor is the reducing the meafures to an uniform flandard fo abfolutely neceflary' 
 as that we ihould think the Union defeftive for want of it; fmce the meafures 
 efpecially that which we call dry meafure, as of corn and fruit, is at this time 
 various almoft all over England ; as particularly in the North, the boll remains 
 a received meafure in Northumberland and Cumberland ; in the Weft, as in 
 Cornwall and Deyonlhire, the bufhel is almoft two bufhels of the common meafure • 
 even the Winchefter bulhel, which is the ftandard of meafure in England, varies,, 
 and in fome places it contains eight gallons, in others nine gallons, in fome places- 
 they have one to the fcore thrown into the meafure, in other places not. Again, in 
 liquid meafure we have the quart of two kinds for feveral liquors, as the wine 
 quart and the Winchefter quart, we have the pottle and gallon for dry meafure 
 the pint and thence up to the gallon of liquid meafure; in coals we have what 
 is called the chalder at Newcaftle, and the chalder at London, and the differing 
 chalder in feveral dift'ering parts ; at London the chalder is thirty-lix buftiels, ac 
 Sandwich thirty-two, at Lym forty^ at Newcaftle fcventy buihels ; fo, though 
 the meafures of corn and liquors (liould have their variations in Scotland, accord- 
 ing to the old cuftoms and ufage of towns, counties, and manners, yet this does, 
 not at all render the Union Incompleat -, fince the reducing the weights and mea- 
 fures to an equal ftandard in the publick accounts, fuch as in the Cuftoms, tolls,, 
 excifes, publick receipts and payments^ and the like^ is as effedual in equality 
 
 as>
 
 6oo APPENDIX. 
 
 as is needfui; and indeed is as much as was intended by the Union, no aft of 
 Parliament, law, or ftatute, that can be made, being able to oblige the country 
 people in every place to leave off their wonted calculations and denominations of 
 things, which are frequently made upon the foot of their ancient cuftoms ; for 
 example, as before, the valuation of lands, tenor of leafes, the rents, the entails, 
 rent-charges, life-rents, and payments for or out of land revenue, are all reckoned 
 in Scotland by the chaider, boll, firlot, and lippy, and cannot be altered ; even 
 marriage fettlements and entails are entered in this manner ; and it would run 
 Scotland into all manner of confufion, to oblige them at once to leave oft' all the 
 terms, by which their lands are known, valued, mortgaged, entailed, charged or 
 conveyed. 
 
 I think we have thus gently toucTied at all tbe alterations of moment which 
 Were made in the laws, trade, cuftom, and conftitution of Scotland, accord- 
 ing to my title; but left it may be thought, that thefe alterations lie too much 
 ■difperfed up and down this book, in the relation of particular cafes, I (hall endea- 
 vour to fum them up in the following abridgment. 
 
 Firft, as to the Conflitution, though laft named, I conceive it fuffered fome 
 alteration, though not, as was alledged by fome, an intire dilToiution ; it was not 
 dilTolved, becaule the Government by King and Parliament continued the fame, 
 •viz. a limited monarchy; it leceived no diminution, but an addition of privi- 
 leges and liberties ; and had the Scots thought fit to have gone a little further, 
 and made provifion for transferring their fuperiorities, they might have at laft 
 come to an intire enjoyment of that fiime liberty that England is now fo happy 
 in ; however, though the Conftitution received no diffolution, yet it is acknow- 
 ledged, that it fuffered alterations in feveral articles, of which thefe are the 
 principal. 
 
 1. That tbough the monarchy is the fame, yet that they become incor- 
 porated into one monarchy with their neighbour kingdom, fubjedted for 
 ever to the fame Sovereign, and engaged in war, peace, alliances, and fuc- 
 ccffii n with them ; fo that they can no more aft in their feparate capacity, in 
 any thing relating to Government or Conftitution. 
 
 2. They fuffer alterations in their reprefentative, and thefe confift in two 
 branches; firft, That the number of their reprefentative is reduced to forty- 
 five. Secondly, That the eleiftions pafs under a new regulation, and are 
 managed by a different method. And, thirdly. That they fit not any more 
 in Parliament by themfelves, but in conjunftion with the Englilh Parlia- 
 ment, reprcfenting the feveral counties and corporations, as Members of the 
 
 UjMtcd kingdom of Great Britain. 
 
 3. The
 
 APPENDIX. 6oi 
 
 3. The hereditary branch of Parliament, I mean the Peers, fulTer alfo an 
 alteration, being changed from a full appearance in Parliament to a reprc- 
 fentative appearance, and that reprefentative limited to the number of 
 fixteen. 
 
 4. Their regal adminiftration fufFers an alteration ; the Sovereign, who 
 before executed the Civil Power in a feparate capacity, being now oblii»ed 
 to change the face of that adminiflration into an united management, go- 
 verning now by one Parliament, one Privy Council, one High Admiral, one 
 Chancery, one Treafury ; and, in Hiort, one general oeconomy of Govern- 
 ment; thus the feveral diflinct offices of Admiral, Chancellor, Treafurer, 
 Secretaries of State, and Prefident of Privy Council, funk in either king- 
 dom, and new comraifTions were ifTued ; as one Privy Council, and one 
 Prefident, under the title of Lord Prefident of the Privy Council of Britain, 
 Lord High Chancellor of Britain, Lord High Treafurer of Britain, Lord 
 High Admiral of Britain, and the like; and, which I clofe all with, the 
 Queen herfelf lays down her feparate titles, and is now no more Queen of 
 England, Scotland, &c. but Queen of Great Britain, and is called in mif- 
 fives, and in foreign accounts, her Britannick Majefty ; her troops are no 
 more Englifli and Scots, but Britifli forces ; and the arms of the ifland are 
 anew incorporated and quartered together, as appears at la^ge in the fore- 
 going fliects. 
 
 This, I think, is the fum of the principal alterations in the Conflltution of 
 Scotland by the Union ; in all which, except that of the Parliament, the Com- 
 mons being reduced in number, and the Lords by reprefentative ; I fay, in all 
 the reft, England fuffered the fame alterations as Scotland, fuch as dilTolvino- her 
 Parliament, 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 finole de- 
 nomination of Britain and BritiQr. 
 
 The fecond head of alteration is that of the Laws ; and this is fo particularly 
 entered into In the beginning of this very part of my work, that I need be but 
 very Ihort. 
 
 I. The Laws of Government continue as the Government continues 
 ^{tabliflied in the claim of right, I mean as to the limitations of govern- 
 ment and obedience; nor has Scotland fuffered any lofs, but rather been a 
 manifefi; gainer in this point by the Union ; the Privy Council tyranny being 
 aboliflied, who had arrived to that height in Scotland, as to give their afts 
 alnioll of a;, equal authority to afts of Parliament ; a power v.'holiy dif- 
 claimed by the Privy Council in England, to whofe powers and authorities 
 tlie prefent Council of Britain is by Parliament exprefsly limited and confined. 
 
 4 H 2. The
 
 eoi APPENDIX. 
 
 2. The laws of private right have fuffered no alteration, other than as 
 private right may be intermixed with that of the Crown ; but all .he hiws of 
 publick right, fuch as relate to Cuftcms and Excifes, have fuilered the al- 
 terations mentioned in the Union, a Court of Exchequer being eltabliilied 
 in Scotland for that purpofe ; and this was neceffary, as has been noted, 
 becaufe of the alterations neceffary in the revenue, and in the refpeftivc 
 methods of afcertaining and collecting the Culloms, Excifes, &c. due to the 
 Crown; and in this claufe may be included the feveral laws for penalties, 
 fines, forfeitures, and confifcations, upon the particular trefpaffes of the laws 
 relating to Culloms and Excife, which were wholly new. 
 
 3. The governing laws, relating to the Civil Peace, have fuffered fome alter- 
 ation, as to what was juft before the Union, by the erefting juftices of the 
 peace; but thiS feems a refloring what was before, rather than an alteration 
 of what was, fince it was nothing but what was a£lually put in praftice twice 
 before, and what there were laws then in being to judify their return. So 
 all the alterations, that feem to be made now, were; firfl, only that the 
 juftices of peace formerly had their commiflion from the Privy Council in 
 Scotland, but now received it from the Lord Chancellor of Britain; and, 
 fecondly, that the juftices of peace had fome new powers veiled in thera 
 fince the Union, which they had not before, fuch as determining difputes 
 in the duty of Excife, giving power of diftrefs for payment, warrants of 
 forcible entries in cafe of concealments of Cuftcms, and the like. 
 
 All the reft of the Laws of Scotland remained the fame per the Union ; the 
 circuits of the Lords of the Jufticiary 1 take alfo to be no innovation at all, as 
 what had formerly been praftifed. 
 
 I come now to alterations of Trade ; and thefe can receive but a very fliort de- 
 fcription here, becaufe the greateft alterations which happened in Trade could 
 not follow the Union fo clofe at the heels as the time of the writing thefe flieets 
 require to relate it ; but fuch as were immediately the confequence of the Union, 
 were fuch as thefe, 
 
 1. A general prohibition and ftop of commerce with France, which, till 
 now, Scotland publickly carried on. 
 
 2. A prohibition of all exports and imports, as in England; and, by vir- 
 tue of that claufe, a particular prohibition of the exportation of wool, 
 which was, till then, publickly allowed in Scotland, and which, though 
 people feemed at firft very uneafy at, yet was, without doubt, very much 
 for the publick advantage of Scotland, whofe manufaflures were thereby 
 quite funk as to exportation ; this article was attended with penalties and 
 focfeitures particular, and fuch as wcje not pradifed in Scotland, and for 
 
 which
 
 APPENDIX. 6oj 
 
 5»lilch the laws of Exclfe and Cuftoms in England were introduced, and the 
 trials on which were brought on, cither before the juftices of peace, or Court 
 of Ex'chequcr, as above. 
 
 3. Whereas Scotland had, before this, prohibited all the Englifh woollen 
 
 manufactures, under fevere penalties, and England, on the other hand, had 
 
 excluded the Scots from trading with Scots (hips to their Colonies in 
 
 America, dire£lly from Scotland, and had confifcated even their own Enghfh 
 
 ihips trading to the faid Colonies from England, if navigated or manned 
 
 with above one third Scots feamen, had laid tolls and heavy imports upon 
 
 cattle and linen imported into England from Scotland, and had prohibited 
 
 the exportation of corn from England to Scotland, though the occafion of it: 
 
 might be never fo great, but on the fame conditions, and under the fame 
 
 reflriiftions, as to other countries ; now, by the'Union, all thefe prohibitions, 
 
 reftraints, tolls, impofts, and exclufions, on either hand, were taken off; the 
 
 Englifh growth and manufaflures, formerly prohibited, came immediatel)', 
 
 free of all interruptions, into Scotland; all the tolls and impofts upon Scots 
 
 cattle, linen, or other goods in England, were taken off; all the ports of 
 
 England, whether in Europe or America, were open to Scots fhips, v;ithout 
 
 any impofts or reflraint; Scots failors in Englifh bottoms were immediately 
 
 free ; and (hips from the Englifh Colonies might fail to, and unlade free in 
 
 Scotland, without any obflrudlion. 
 
 Thefe I call alterations in the laws of trade; befides which, there were fome 
 
 particular alterations which relate to the drawbacks, bounties, and allowances on 
 
 the exportation, and for encouragement of the exportation of fifli, corn, pork, 
 
 &c. of which I need fay nothing, having been very particular already in the 
 
 relation of the debates upon thofe heads in Parliament. 
 
 The confequences of thefe things upon trade are at prefent few, but will nc- 
 cefTarily be far greater hereafter ; the firft vifible confequence was the rife and 
 fall of feveral kinds of merchandizes, as the new alterations, prohibitions, or im- 
 portations of them happened, differing from what they were before. 
 
 As for example : wines, brandy, and all kinds of goods of the growth of France, 
 muft of courfe rife in their value, the further import being prohibited ; and this 
 would have enriched a great many families in Scotland, who had quantities of 
 thefe goods on their hands, had not the difficulty of enforcing thefe prohibitions 
 at firfl laid trade open to clandelline importations, by which the fair trader was, 
 as in fuch cafes always happens, a very great fufFerer. 
 
 Secondly, all the goods of the growth of the Englifli Colonies, or which were 
 to be had from England, being now imported direflly to Scotland, began to come 
 
 4 H 2 as
 
 €o^ APPENDIX'. 
 
 as tbe return of the Scots manufa£iures, feveral fliips being laden from Scotland 
 to Virginia and Barbadoes, tlie very firft year after the Union. 
 
 Another confequence of this Union in trade was the letting fall almofl: all the 
 woolien manufactures which had been erefled in Scotland, and where they began 
 TO come to fome perfeflion in making broad cloth, druggets, and ftufls of all 
 ibrts •, but, upon the opening the Englifh trade, they were immediately fo thronged 
 with Englilh goods of the fame forts fo much cheaper, that it appeared thofe 
 ihine-s would c'ie of courfe. 
 
 Though, indeed, this feemed to be fome blow to their trade, and particularly 
 to the employment of their poor ; yet, at the fame time, the duties upon linen 
 from Scotland being taken off in England made fo great a demand for Scots linen 
 more than ufual, that it feemed the poor could want no employment ; and feveral 
 kinds of linen being fet to work by Engliflimen, which never before were made, 
 or at leaft for exportation in Scotland, fuch as fail-cloths, canvas, dama/lc, &c. 
 it is thought, the employment of the poor was not lelTened by this alteration. 
 
 On the other hand, the lower and coarfer manufacirures in Scotland, which 
 were made of their own wool, feemed to increafe, and not only found a larger 
 vent in Scotland, but were bought up by the Englifti merchants, who brought 
 ether fluffs thither, and fold in England ; and thefe manufaftures are not unlikely 
 to rife to a confiderable height, fuch as Stirling ferges, in England called ihalloons, 
 Muffelburgh fluffs, and the like ; and we find in England fome propofals from 
 the African Company, for the making Guinea fluffs there, which perhaps may 
 in time come to be very confiderable. 
 
 I might enter here into the fchemes and projefts, which have made much noife 
 in the world, for improvement of fifhing in Scotland, and of navigation and building 
 {hips in Scotland ; but as thefe things have yet made no alterations in the trade, 
 and are but in embryo at the writing thefe fheets, I cannot mingle them here as 
 matter of hiftory, but have touched them more at large in the preface. 
 
 It remains only to fpeak of the alterations of the cuftoms ; and this would 
 have required a long table of the feveral duties and impofl formerly paid in Scot- 
 land upon the export and import of merchandizes ; but, having already given an 
 account, that the whole cuftoms are fettled upon the Englifh foot, and the 
 duties of all kinds being too large to infert here, and already printed in the book 
 of rates, re-printed in Scotland, it would be a vain labour to recite the par- 
 ticulars ; and as to the difference between the duties on the Englifli foot and 
 the duties as paid before, it required the very fame recital of particulars, 
 the length of which would be intolerable; and for this reafon, though I 
 have referred to fome fchemes fuid to be in the fecond part of this Appendix^ 
 aud which I received from the Cuftom-hcufe in Scotland, yet when I came to find, 
 4 upon
 
 APPENDIX. 605 
 
 upon examination, that the Tackfmen of the Cuftoms in Scotland ufually com- 
 pounded with the Merchants, and reduced the faid Cufloms to what fum they 
 pleafed, I chofe to omit a fcheme, which, when put down, would give the reader 
 no certain guefs at the thing, and confequently fignify nothing. 
 
 If any man iliould enquire, whether, upon the whole of thefe alterations in 
 trade, Scotland is gainer or lofer, I muft acknowledge, it is a difTicuIt point to 
 refolve at fo fmall a diftance from the finifhing the Union ; but, as to the profit 
 of the trade between Scotland and England in particular, as it appears at the 
 writing thefe fheets, I Ihall leave the impartial obferver to guefs by thefe two 
 particulars. 
 
 1. That about feventeen fliips from the feveral ports of Scotland are al- 
 ready fitted out, and fent away to the Englifh Colonies, whofe loading is 
 certainly the product of the ground, or labour of the poor, and whofe re- 
 turn mufl be in fugar, tobacco, cotton, indico, &c. and money. 
 
 2. That above 170,000 bolls of corn of fundry forts have already been 
 Ihipped off from Scotland for England, befides a very great quantity bought 
 up by England, and (hipped direclly for Portugal; both thefe articles are 
 additions to the trade of Scotland, and both within little more than,- a year 
 immediately fucceeding the Union of the ifland. What further increafe of 
 commerce may accrue to Scotland, when thefe bloody wars fliall end, and 
 when peace fliall be reftored to Europe, I fliall not pretend to examine ; 
 but there feems to be no queftion, but the trade of Scotland {lands fair for 
 very great improvements. 
 
 APPENDIX.
 
 ( 6o6 ) 
 
 APPENDIX. 
 
 P A R T IL 
 
 N° A X. 
 
 Acl anent Prayer for the Parliament, anent the UNION. 
 
 At Edinburgh, the fourteenth day of Oflober, one thouland 
 feven hundred and fix years. 
 
 THE CommifTion of the General Aflenvbly taking to their moil: ferious con- 
 fideration the great and weighty affairs now in agitation, fpecially the 
 Treaty betwixt the two kingdoms ; and how much thefe call to all to be earneft 
 with God in fincere and fervent fupplications for his direction and afliftance to the 
 high Court of Parliament, and al! others concerned, to bring them to a happy 
 iffue, for his own glory, and the good of this Church and Kingdom : do there- 
 fore refolve and declare, that, in the firfl: place, they for themfelves, and for all that 
 (hall be pleafed to join with them, will keep and obferve Friday next, the i8th 
 inftant, at ten o-clock in this place, for a day of ferious prayer and fupplicatioti 
 to God, for his divine prefence and affiftance for the end forefaid ; and, in the 
 next place, do mofl: earneftly recommend to all the Lord's minifters and people, that 
 they alfo make application to God upon all proper occafions for the faid ends and 
 blcffings ; and that this AQ. be forthwith fent and tranfmittcd to all Prcfbyteries 
 for their concurrence by themfelves, and by ftirring up their people to the duty- 
 above recommended. 
 
 And on the 2 2d of the fame month, this affair being moved again, the following 
 A^ of the Commiflion was made, as per the Hillory, fol. 27. of the Treaty in 
 Scotland.
 
 APPENDIX. 607 
 
 Ad of the Commiflion of the Heneral AfTembly, cocerning foleraa 
 
 Prayer and Humiliation. 
 
 At Edinburgh, the 2 2(1 of Oflober, lyod. 
 
 nr'HE Commiffion of the General Affembly of this national Church, having 
 -■■ under their mofl: feiious confideration, that the great and weighty affair of 
 a Treaty of Union between the two Nations is now laid before the Parliament; 
 and how much the refult of their determinations, with refpecl to the fame, may 
 prove of the highefl: confequenee, both to this Church and Nation, in all their 
 interefts civil and religious, and that both to the prefent and fucceeding genera- 
 tions ; confidering likewife, that the abounding and continued increafe of impiety, 
 popery, and prophanenefs, through the land, the abufe of the privileges and 
 mercies we have enjoyed, and hitherto, through the infinite goodnefs and long- 
 fuffering patience of God, do ftill enjoy; our unthinkfulncfs for, and unfruit- 
 fulnefs under, the Gofpel ; our formality, decay of zeal, and flacknefs in pro- 
 moving, according to our flations, the much-called for work of fincere, perfonal, 
 and national reformation; may juflly provoke the righteous and holy God to 
 remove our bleflings, to fmite us in his hot difpleafure, and for our fins to leave 
 our rulers in this vafllv important and difficult exigence, wherein there isfo much 
 need of clear and unprejuditated light, and of harmony, and onenefs in the 
 Lord : they have therefore judged it incumbent upon them to excite themfelves, 
 and all the people of God in tne land, to much ferioufnefs, diligence, and con- 
 tinued fervour, in applying to the Throne of Grace, upon fo great and momentous 
 affairs : and thev do hereby moft ferioufly and earneilly recommend to all the Prefby- 
 tries within this national Church, to appoint, fet apart, and obferve a day for 
 folemn publick prayer, fulling, and humiliarion, in all the Churches within their 
 refpedtive bounds as foon as poffible ; for which end, the Moderators of the 
 fevcral Prefbytries are to ca]\ ihem pro re >!(7tc!, as foon as this comes to their 
 hand ; and farder, that Prefbytries continue to keep among themfelves, and 
 miniflers with their feffions, dyets, for perfifting inftant in prayer to God, and 
 for preferving upon their own fpirits, and of all the Lord's people, a due concern 
 about their proper duty, with refpeifl: unto the Church of Chrift, and the great 
 affairs now in agitation. 
 
 And the Commiflion doth mod earneflly befeech and obtell in the bowels of 
 our Lord Jefus Chrift, all their brethren of the Miniftry, and all the Lord's 
 people, that they ftir up themfelves, and one another, to humble, fincere, and 
 penitent confeffions of their own fins, and the fins of the land, and to unfeigned 
 
 refoluiiona.
 
 6o8 APPENDIX. 
 
 refolutlons to amendment, with afllve and zealous endeavours after thorow refor- 
 mation refpectively in their places, together alfo with ardent fupplications to the 
 Father of Mercies in behalf of the whole Church of Chrift over the world, and 
 particularly of the Church in this land, that he may be pleafed to take away all 
 iniquity, to turn our hearts unro him, to return unto us, and abide with us in 
 mercy, and gracioufly to preferve, eftablifli, and perfeft, what he has wrought 
 for us; that our moft gracious Queen may be bleffed and preferved in her perfon, 
 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 fuch fuccefs to the forces of her Majefty, and thefe of her Allies, 
 againfl: the great troubler of the peace of Europe, and perfecutor of the Church 
 and people of God, and that God may continue his kindnefs in profperlng her 
 Majefly's, and thefe of her Allies' forces, both by fea and land, againft the 
 common enemy ; and that all the confukations and determinations of the Eftates 
 of Parliament, efpecially with refped: to an Union with England, may be influ- 
 enced and direfted by divine wifdom and condudt in the fear of the Lord, to his 
 glory, the good of religion, and this national Church, eftabliflied by law in 
 doftrine, worfliip, difcipline, and government, and the well-fare, comfort, and 
 fatisfadion of the people of this nation, and the peace and profperity of both 
 kingdoms, that iniquity may flop its mouth, that all finful contention and difcord 
 may ceafe ; and that truth, righthoufnefs, and peace, may flourifli and be per- 
 petuated in this Church and land : and it is ordained, that thefe prefents be read 
 in the Paroch Churches. This Aft being voted, was unanimoufly approven by 
 the faid Commiffion. 
 
 Extracted by me, 
 
 JO. DUND AS, Cis. EccL 
 
 To his grace tlie Duke of Queenlberry, her Majefty's High Commif- 
 fioner, and to the right hoaourable the Eftates of Parliament. 
 
 The humble Addrefs and Petition of the Commiffion of the General 
 AlTcmbly of the Church of SCOTLAND, 
 
 HUMBLY SHEWETH, 
 
 '"p^H AT where we are called by our great Lord and Mafter, and entrufted by 
 
 ■*■ the late General Affembly of this Church, to advert to the intereft and 
 
 concerns of this Church on all occafions that may ofler, for promoving of its 
 
 good 
 
 y
 
 APPENDIX. 609 
 
 good and advantage, and the preventing of any hurt or prejudice it may fuffcr : and 
 whereas, by the late A£l: of Parliament for a Treaty with England, for an Union of 
 both kingdoms, it is provided, that the Commiffioners for that Treaty fhould not 
 treat of, or concerning, any alteration of the worfliip, difcipline, and government, of 
 the Church of this kingdom, as now by laweftablifhed; likeasher Majefty, in her 
 gracious letter to the Parliament, hath been pleafed, on the prefent occafion, to re- 
 new the aflurances her Majefly formerly gave of her refolution to maintain the 
 government of the Church as by law eflabliflied ; therefore, and in regard there 
 can be nothing more important to the glory of God, and to the perpetual peace 
 and happinefs of this kingdom, nor agreeable to her Majefly's moft gracious 
 pleafure, nor more becoming the wifdom and faithfulnefs of this high and 
 honourable Court of Parliament, we do moft humbly and earneftly fupplicate 
 and befeech your Grace and Lordfliips, that you may be pleafed to eftabhlh and 
 confirm the true Proteftant Religion, and all our facred and religious concerns, in 
 the moft effeftual manner, for their unalterable fecurity to the people of this 
 land, and all fucceeding generations; and efpecially, that her Majefty, witli 
 advice and conlent of the Eftates of Parliament, would be pleafed to ratify and 
 confirm the fifth Adc of the firft Parliament of King William and Qiieen Mary, 
 intituled, " Aft ratifying the Confefi*ion of Faith, and Settlement of the Preftjy- 
 *' terian Church Government," and the other Afts of Parliament relatino- 
 thereto, in profecution of the declaration of the Eftates of this kingdom, con- 
 taining the Claim of Right, of the date the nth of April, 1689, exprefsly 
 providing and declaring, that the forefaid true Proteftant Religion, contained in 
 the above-mentioned Confeffion of Faith, with the purity of worftiip prefently in 
 ufe in this Church, and the Preft)yterian Church government and difcipline, that 
 is to fay, the government of the Church by Kirk-Sefiions, Prefbyteries, Pro- 
 vincial Synods, and General Affemblies, which we are perfuaded are aofreeable 
 to the word of God, and founded thereon, and which are eftablifhed b^' the 
 forefaid Ads of Parliament, purfuant to the Claim of Right, fliall remain and 
 continue unalterably ; and that the faid Prefbyteriau government fliall be the' 
 only govtrnment of the Church within this kingdom ; and that this provifioti 
 fliall be held and obferved in all time coniing as a fundamental article and effe'n- 
 tial condition of any Treaty or Union that (hall be concluded betwixt the two 
 kingdoms ; and that it be further fettled with all the lecurity that your Grac^ 
 and the Eftates of Pariiament (ball judge to be fuificient. 
 
 And your petitioners do and (hall ever pray, that God, only wife, may guide 
 your Grace and the Eflares of Parliament, not only to the full and cffeftual ella- 
 blifliment of our forefaid Religion and Church governrnenr, and the concerns 
 thereof; but likewife, in this whole great and weighty affadr of the <lepending 
 
 4 I Treat}',
 
 diA APPENDIX; 
 
 Treat}'', that the refult and iffue thereof may be the glor}- of God, the goocb 
 and advantage of the people of this nation, in all things, both religious and' 
 civil, and for continuing of peace and amity in this whole ifland ; and preferving,. 
 under the Divine Prote<51ion, the Rroteltant intereft at home and abroad, againft' 
 ^11 the contrivances of its reftlefs enemies. 
 
 Signed in prefence, in name, and at the appointment, of the Commif- 
 miffion of the General AiTembly, hy, Jicfubfcribitur, 
 
 WILL. WISHEART, Moderator. 
 
 N°Cx. 
 
 Proclamation againfl: Tumults and Rabbles. 
 
 A NNE, by the grace of God, Queen of Great Britain, France, and Ire= 
 -V*- land. Defender of the F'aith : to our Lyon king at arms, and his brethren 
 heralds, macers of our Privy Council, purfevants, meffengers at arms, oui'. 
 flieriffs in that part, conju_n<flly and feverally, fpecially conllitute, greeting. 
 Eorafmuch as, notwithftandiag that the raifing of tumults be a rnolt dangerous, 
 pernicious, and unboujidable pradice, contrary to the very being and confti- 
 tuiipn of government, and deflruftive of the chief ends thereof, the fafety and; 
 fecurity of men's lives and fortunes ; and that, by feveral a6ts of Parliament, 
 Ifjcb as Ja. ly, par. 14. cap. 77.. and Jac. IVth, par. 3d-, cap. 34.it is ftatute, 
 tliat there be no cgmmotion, nor rifing 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 confifcate to the King, and their lives be 
 at the King's will ; as alfo, by the Aft of Parliament Ja. Vith, par. 18. cap. 
 Xl* it^is ftatute, that no perfon within burgh take upon hand, under whatfom- 
 cyer pretextj t_o convocate, without the knowledge and licence of the magiUrates, 
 under the pain to be punilhcd in their, body and goods with all rigour; as 
 likeways, that the haill inhabitants of the faid burgh readily affift and concur 
 wjth the magiftrates, for fettling and punifliing the faid tumults, under the pain, 
 of being follcrcrs and maintainers , thereof. Likeas, by the A<^ of Parliament, 
 Jq.^ yith, par. 17. cap. 4. it is ftatute, that whatfQever perfon invades or 
 purfues any of his Highaefs's Seffion, Secret Council, or any, of his Highnefs's 
 officers; it being verified and tried, that tliey were purfued and invaded 
 fojr doing of his Highnifs's fervicc, fliall be puniflicd to the death. There hath 
 happened, within thcfe few days,, and particularly on the tvienty- third inftanr, 
 and near 10 the Parliamtnt-houfe, and in the Parliamcnt-Clpfe, even the time of. 
 
 fitting.
 
 APPENDIX. 6u 
 
 fitting, and at the rlfing of the high and honourable Court of Parliament, where 
 our High CommilTioner was prefent amongfl: them, moft diforderly and infoleiit 
 convocations, and gathering of commons, filling the ftreets with clamour and 
 confufion, and infulting not only peaceable perfons, but alfo fome of the mem* 
 bers of our faid high and honourable Court of Parliair,c-nr, prcfuming to 
 threaten and invade them in their very dwelling-houfes, by a mofl. villainous and 
 outrageous mob, which all perfons of jufticc, reafon, and honour, ought to 
 deteft, and endeavour to fupprefs and prevent in the fevered and ftridteft manner ; 
 therefore we, in the juft refentment of fuch high indignities, and to prevent the 
 like in all time coming, have thought fit, with advice of the Lords of our Privjr 
 Council, to ordain the magiflrates of Edinburgh to continue their diligence, and 
 make flrifl inquiry and fearch, and to caufe apprehend all the authors, abetters, 
 acceffaries, or affiftants, of the forefaid convocations, mobs, and tumults, t^ 
 the cfFefl they may be brought to condign punifliment; declaring, for that end, 
 that whofoevcr fhall difcover any of the faid authors or acceffaries of the faid 
 tumults, fliall not only be himfelf indemnified, but have a due reward for (a 
 goodfcrvice: and further, we, with the advice foreiaid, ordain the magiftrates. 
 of Edinburgh to call all the deacons of crafts, and mailers of their incorpora-. 
 tions, and all others their lioufholders and inhabitants, and oblige them for the 
 good behaviour of their apprentices, fervants, and domefiicks, in fuch manner, 
 as the laws and "cufioms of the burgh do allow ; as alfo, that they call the regents 
 and mafters of the College of Edinburgh, and enjoin them ftriftly, that for here- 
 after they keep their fcholars in good order, and be careful of their quiet and 
 peaceable behaviour ; and we ordain all the inhabitants of the faid burgh rea* 
 dily to alTifl: and coftcur with the magiftrates, for reprefling and puniihing all 
 tumults, under the forefaid pairt of law : and farther, for preventing the like 
 wicked infolence in time coming, we, with advice forefaid, hereby declare, that, 
 in cafe, and whenever any fuch diforderly convocation or tumult fhall appear, or, 
 begin to appear for hereafter, and that thereu'ion intimation fhall be made by 
 the magiftrates, to all and fiindry, to withdraw and retire to their refpefliv^ 
 houfes, fliops, and employments; whatever apprentice, fervant, journey-man, 
 foot-man, or any other perfon, fhall difobey and be found upon the ftrbets, 
 fhall be repute and Iield as follerers and maintainers of the faid tumult^, and 
 punjfhed accordingly: and it is farther ordered, that, after fuch intimation made 
 to all perfons to retire to ihcir houfes, and clear the ftreets, whoever fliall be 
 found thereafter difobedient, and to continue upon the fireetSj may he attacked 
 and feizedby the town-guard within the town of Edinburgh, and alfo by fuch of 
 cur forces as upon fuch occafions have been, or fliall be, called for, and ordered 
 by our Privy Council to march in, and be affiltant for the fupprefling and difli- 
 
 4X2 patir.g
 
 6i2 APPENDIX. 
 
 pating of fach wicked tumults and diforders, and that with all manner of force, 
 and by all fuch means as fhall be neceffary for that efFeft : and we, with advice 
 forefaid, do farther declare, that if any flaughter, mutilation, wounds, blood, 
 or bruifes, (hall happen to be committed by the forefaid guards, or any of our 
 forces that fhall be ordered for their affiftance, or by their officers in obedience to> 
 rhefe our orders, in fuppreffing and diffipating of the faid tumults, and clearing 
 the ftreets thereof ; the aflors and authors thereof are hereby declared to be 
 indemnified for ever, and we difcharge all purfult, civil or criminal, to be in- 
 tented againft them on the forefaid account in all time coming, as having afted 
 and done nothing but what was their duty : and in cafe any of our people (hall 
 dare to be fo prefumptuous, after publication of the premifes, to aflemble or 
 continue in arms, we hereby require and command the (heriffs of our feveral 
 fliires, flewarts of flewartries, baillies of regalities and baronies, magiltrate^ of 
 burghs,, and other officiars of our law, officers of our forces, and troops under 
 their command, to pafs upon, difperfe, and fubdue, the faid convocations by 
 open force, and all manner of violence, as enemies and open rebels to us and 
 our Government; and in cafe any fLiughter, blood, bruifes, or mutilation, 
 flj'all happen to be done and committed by our faid flierilTs, and officers of our 
 forces, and other magiftrates for-efaid, or perfons under their command, we,. 
 •with advice forefaid, do hereby fully remit, pardon, and indemnify the fame,, and 
 difcharge the profecution thereof, civilly or criminally, in all time coming. Our 
 will is herefore, and we charge you, that ye pafs to the Mercat-Crofs of Edin- 
 burgh, and PJercat-Crofles of Dumfreis, Lanerk, and Glafgow, and other 
 places needful,, and there make publication hereof, by open proclamation of the 
 premifes, that none may pretend ignorance ; and ordain thefe prefents to be. 
 printed, and our folicitors to fend copies hereof to the magiftrates of the 
 refpc^ive burghs above-mentioned for that effeft. Extrafted forth of the records 
 of ParJiament,, by 
 
 JA. MURRAY, Gls. Reg- 
 Given under our Signet, at Edinburgh, the twenty-fourth day of Oflober,. 
 and. of our reign the lifth year, 1 706. 
 
 Per Acluni Domlnorum Sccreti Condlii,. 
 
 M«
 
 APPENDIX. - fij; 
 
 N" Dx. 
 
 To his Grace, her Majefly's High Commiffioner, and the right honour- 
 able the Eftates of Parliament. 
 
 The Addrefs of the Commiflioners to the General Convention of the Royal 
 Burrows of this antient khigdom, convened the 29th of Oftober laft> 
 upon the great concern of the Union propofed betwixt Scotland and 
 England, for concerting fuch meafures as fliould be efteemed proper for 
 them to take, v?ith relation to their Trade, and other concerns,. 
 
 HUMBLY SHEWETH, 
 
 THAT as, by the Claim of Right, it is the privilege of all fubjeii^s to peti- 
 tion, fo at this time, being moftly irapowered by our Confliments, and 
 knowing the fentiments of the people we rcprefent, it is our indifpenfable 
 Duty, to fignify to your Grace, and the honourable Eftates of Parliament, That 
 as we are not againft an honourable and fafe Union with England, confiding with 
 the Being of this Kingdom and Parliaments thereof, without which we con- 
 ceive neither our Religion, nor our Civil Interefts and' Trade as we now by 
 Law enjoy them, can be fecured to Us and our Pofterity, far lefs can we expeft 
 to have the condition of the People of Scotland, with relation to thefe great con- 
 cerns, made better and improven without a Scots Parliament : 
 
 And, feeing by the Articles of Union, now under the confideration of the 
 honourable Eftates of Parliament, it is agreed, that Scotland and England lliall be 
 united into one kingdom, and that the united kingdoms be united by one and 
 the fame Parliament, by which our Monarchy is fuppreft, our Parlinments 
 extinguiflied, and in confequence our Religion, Church Government, Claim of 
 Right, Laws, Liberties, Trade, and all that is dear to us, daily indarger of being 
 encroached upon, altered, or wholly fubverted by the Eugliih, in a Eritidi Par- 
 liament, wherein the mean reprefentation allowed for Scotland can never 
 fignify in fecuring to us the Intereft referved by us, or granted to us, by the: 
 Englilh : 
 
 And by thefe articles our Poor People are made liable to the Englifh taxes,, 
 which is a certain unfupportabte burden, confidering that the trade propofed is 
 uncertain, involved, and wholly precarious, efpecially when regulate as to ex- 
 port and import by the laws of England, and under the fame prohibitions and 
 leftridlons, cuftoms, and duties; and confidering, that the moft confiderable- 
 6 branches:
 
 Cx4 A P P E N D I X. 
 
 branches of our Trade are differing from thofe of England, and are and may he 
 yet more difcouraged by their laws; and thatall the concerts of Trade, and our 
 Intereft, are, after the Union, fubjefl to fuch alterations as the Parliament of Great 
 Britain fiiall think fit : r 
 
 We, therefore, iuppllcate your Grace and the honourable Eflates of Par- 
 liament-; and do affuredly expeft, that ye will not conclude fuch an 
 Incorporate Union as is contained in the articles propofed ; but that 
 ye will fupport and maintain the True Reformed Proteftant Pvcligion 
 and Church Government as by law eftabliflied, the Sovereignty 
 and Independency of this Crown and Kingdom, and the Rights and 
 Privileges of Parliament, which have been generoufly aflertedl^y you 
 in the feflion of this prefent Parliament : And do further 
 
 pray, that effedlual means may be ufed for defeating the defigns and 
 attempts of all Popiih Pfetenders whatfomever td the fucceflion of thil 
 Crown and Kingdom ; and for fecuring this Nation againft all the 
 Attempts and Incroachmems that may be made, by aay perfons 'tvhat- 
 fomever, upon the Sovereignty, Religion, Laws, Liberties, Trade, and 
 Quiet of the fame. And we promife to maintain with our lives and 
 fortunes all thefe valuable things, in oppofition to all Popilh and other 
 enemies wliatfoniever, according to our Law's, and Claim of Right. 
 
 Signed by Order, and in Prefence of the Convention, by 
 
 SAM. M'LELLAN, Prefe?. 
 
 N° Ex. 
 
 ,<* 
 
 THESE arc to notify to all concerned, what are our rcafons for, and dc-» 
 figns in, lire burning of the printed Articles of the propofed Union with 
 England, wirh the names of the Scots Commiflioners, fubfcribers thereof ; to- 
 gether with the minutes of the whole Treaty betwixt them and the Euglilh Com- 
 miflioners thereanent. 
 
 WE have herein no deCgn againfl her Majefly, nor agau>n: England, or 
 any EngliQiman ; neither againft; our prefent Parliament, in their a6ls or 
 aflings for the intcrcit, fafety, and fovercignty of this our native and antient 
 cation i but to teftify our diifent from, difcontent with, and proteftation againft,.
 
 A P P E W D I X-k 6ij- 
 
 the twenty-five Articles of the faid Union, fuhfcribcd by die forefaid Commif- 
 fioners, as being inconfiftent with, and. altogether prejudicial to, and utterly de- 
 ftruflive of, this Nation's independency, Crown-rights, and onr confticiite laws, 
 both lacreci-aud civil. We fhall not here condel'cet.d upon the particular preju- 
 dices that do and will redound to this nation, if the faid Union IhoulJ be car- 
 ried on aocording to the printed articles, but refer the reader to the variety 
 of addreffes given in to the prefent Parliament by all ranks, from almpfl all cor-, 
 liers of this nation, again ft the faid Union; only we mu ft fay and profefs, that 
 the Gommfffioners for this nation have been chher fimple, ignorant, o.r treacher- 
 ous, if not all three, when the minutes of the Treaty betwixt the Commiflipners 
 of both kingdoms are duly confidered-, and when we compare their daftardlv 
 yieldings unto the demands and propofals of the Englifti Commiffioners, who, 
 on the contrary, Inve valiantly acquit themfelves for the intereft and fafety of. 
 their nation. 
 
 We acknowledge It is in tlie power of the prefent Parliament to give remlf- 
 fions to the fubfcribers of the forefaid Articles ; and we heartily wifh for a good, 
 agreement amongft all the Members of the Parliament, fo as it may tend to the 
 fafety and prefervation of both Church and State, with all the privileges be- 
 longing thereto, within the kingdom of Scotland. 
 
 But if the fubfcribers of the forefaid Treaty and Union, with their aflbclates In. 
 Parliament, fliall prefume to carry on the faid Union, by a fupream power, ovec 
 the belly of the generality of this nation ; then, and in that cafe, as we judge, that 
 the confent of the generality of the fame, can only diveft them of their facred 
 and civil liberties, purchafcd and maintained by our Anceftors with their blood ; 
 fo we- proteft, whatever ratification of the forefaid Union may pafs in Parliament, 
 contrary to our fundamental laws, liberties, and privileges, concerning Church 
 aad S&ate, may not be binding upon the nation, now or at any time to come. 
 And particularly we proteft againft the approbation of the firft Article of the 
 faid Union, before the privileges of this nation, contained in the other articles, had 
 been adj-ufted and fecured ; and fo we earneftly require, that the reprefentatives 
 in- Parliament, who are tor out nation's privileges, would give timeous warning 
 taalLthe corners of the kingdom, that we and our pofterity become not tri» 
 butary and bond-flaves -to our neighbours, without acquitting ourfelves, as be- 
 caraes mcn-and Chriftians : and we are confident, that the foldlers now in mar- 
 tial power, have fo much of thofpirits of Seotfmcn, that they are not ambitious 
 tc^be difpofed of at the pleafurc of another nation: and we hereby declare, that 
 ^c have no defign againft them in this matter. 
 
 N*^
 
 6iS A P P E N D I X. 
 
 N" Fx. 
 OVERTURE for an Ad for Security of tlie Church. 
 
 OUR Sovereign Lady, and the Eftates of Parliament, ccnfidering, that by 
 the late aft of Parliament for a Treaty with England for an Union of both 
 kingdoms, it is provided, that the Commiflioners for that Treaty fhouldnot treat 
 of, or concerning, any alteration of the Vi'orfhip, difcipline, and government, of the 
 church of this kingdom, as now by law eflablifhed ; which treaty being now re- 
 ported to the Parliament ; and it being reafonable and neceffary, that the true 
 Proteftant Religion, as prefently profeffed within this kingdom, with the worfliip, 
 difcipline and government of this Church, fhould be eflfeftually and unalterably 
 fecured ; therefore, her Majefty, with advice and confent of the faid Eftatee 
 of Parliament, doth hereby eftablifli and confirm the faid true Proteftant Pveligion, 
 and the worfliip, difcipline, and government, of this Churcli, to continue without 
 any alteration to the people of this land in all fucceeding generations ; and 
 more efpecially, her Majefly, with advice and confent forefaid, ratifies, approves, 
 and for ever confirms, the 5th aft of the 1 Parliament K. W. and Q^ M. intituled, 
 '** Aft ratifying the confeffion of Faith, and fettling Prefbyterian Church Govern- 
 *' ment, with the hail other afts of Parliament relating thereto, in profecution of 
 *' the declaration of the Eftates of this Kingdom, containing the Claim of Right, 
 " bearing date the 11th of April 1689." And her Majefty, with advice and con- 
 fent forefaid, exprefsly provides and declares. That the forefaid true Proteftant 
 Religion, contained in the above-mentioned Confeffion of Faith, with the form 
 and purity of worfliip prefently in ufe within this Church, and its Prefbyterian 
 'Church Gjveinment and Difcipline, that is to fay, the Government of the 
 Church by Kirk-fefTions, Prefbyteries, ProvinciaUfynods, and General-aJTemblies, 
 all efiabliflied by the forefaid afts of Parliament, purfuant to the Claim of Right, 
 fhall remain and continue unalterable; and that the faid Prefbyterian Govern- 
 ment fliall be the only government of the Church within the kingdom of Scot- 
 land^ and further, for the greater fecurity of the forefaid Proteftant Religion, 
 and of the Worfhip, Difcipline, and Government of this Church as above efla- 
 bliflied, her Majefly, with advice and confent forefaid, flatntcs and ordains, 
 that, in all time coming, no Profeflbrs, Principals, Regent*, Maflers, or others 
 bearing office in any univcrfity, college or fchool within this kingdom, be ca- 
 pable, or be aiimittcd or allowed to coniinue in the exercife of their faid func- 
 tions, but fuch as fliall own and acknowledge the civil government in manner 
 prefcribed, or to beprefcribcd, b^ the afts of Parliament. As alfb, that before 
 
 or
 
 APPENDIX. €^^ 
 
 or at their admi/Tions, they do and fliall acknowledge and profefs, and fhall fub- 
 fcribe to the forefaid Confefilon of Faith, as the confefllon of their faith, and 
 that they will praflife and conform themfclves to the worfliip prefcntly in ufe in 
 this Church, and fubmit themfclves to the government and dircij->line thereof, and 
 never endeavour, direflly or indircflly, the prejudice ov fubverfion of the fame, 
 and that before the refpective Prcfbyteries of their bounds by whatfomever gift» 
 prefentation, or provifion, they may be thereto provided. And, further, her Ma- 
 jefty, with advice forefaid, exprefsly declares and ftatutes, that none of the fub- 
 jefts of this kingdom fliall be liable to, but all and every one of them for ever 
 free of, any oath, tcft or fubfcription, within this kingdom, contrary to or in- 
 confiftent with the forefaid true Proreftant Religion and Prefbytcrian Church 
 Government, Worfliip, and Difcipline, as above eflablifhed, and that the fame 
 within the bounds of this Church and Kingdom fliall never be impofed upon, or 
 required of them in any fort. And, laltly, that after the deceafe of her prefent 
 Majefty (whom God long preferve!) the Sovereign fucceeding to her in the 
 royal Government of this kingdom fliall, in all time coming, at his or her accef- 
 Con to the Crown, fwear and fubfcribe, that they fliall maintain ancf preferve 
 the forefaid fettlement of the true Prottftant Religion, with the Government, 
 Worfliip, and Difcipline, of this Church, as above eflabliflied, inviolably. And 
 it is hereby fliatute and ordained, that tliis ad: of Parliament, with the eftablifli- 
 inent herein containea, fliall be held and obferved, in all time cotniiig, as a fun- 
 damental and efl"ential condition of any Treaty or Union to be concluded betwixt 
 the two kingdoms, without any alteration thereof, or derogation thereto in any 
 fort, for ever: as alfo, that this a£t of Parliament, and fettlement therein con- 
 tained, fliall be infert and repeated in any KSt of Parlinment that fliall pafs for 
 agreeing and concluding the forefaid Treaty or Union betwixt the two king- 
 doms ; and that the fame fliall be there exprefsly declared to be a fundamental 
 and eflfential condition of the faid Treaty or Union in all time coming. 
 
 4 K N'
 
 6i8 APPENDIX. 
 
 N" G X. 
 
 Agred to in the Commiflion, November 8, X'jo6. 
 
 Unto His Grace, Her Majeflry's High Commiffioner, and the Right 
 Honourable the Eftates of ParUament. 
 
 The Humble Reprefentation and Petition of the Commiffion of the General Af- 
 
 fembly of this National Church, 
 
 SHEWETH, 
 
 THAT befide the general addrefs already made by us, for fecuring the Doc- 
 trine, Worfhip, Difcipline, and Government, of this Church, and now 
 under your confideration, wliich with all gratitude we acknowledge, there are 
 fome particulars which, in purfuance of the defign of cur faid addrefs, we do 
 with all humility lay before your Grace and Lordfliips. 
 
 I. That the Sacramental Teft being the condition of accefs to Places of Truft, 
 and to Benefits from the Crown, all of our Communion mufl: be debarred from 
 the fame, if not in Scotland, yet through the reft of the dominion of Britain, 
 which may prove of mod dangerous confequence to this Church. 
 
 IF. That this Church and Nation may be expofed to the further danger of 
 new Oaths from the Parliament of Britain, unlefs it be provided that no Oath, 
 Bond, or Teft, of any kind, (hall be required of any Minifter or Member of 
 the Church of Scotland, which are inconfiftent with the known principles of this 
 Church. 
 
 III. There being no Provifion in the Treaty of Union, for fecuring of this 
 Church by a Coronation Oath, that therefore, in the Coronation Oath to be taken 
 by the Soirereigns of Great Britain, they be engaged to maintain the Doftrine, 
 Worfhip, Difcipline, and Government, of this Church, and the Rights and 
 Privileges thereof, as now by law eftablilhed. 
 
 IV. That, in cafe the propofed Union be concluded, the Church will fufFer 
 prejudice, unlefs there be a Commiflion for Plantation of Kirks and Valuation 
 of Teinds, and making up the Regifters of that Court which were burnt, 
 and a Judicatory in Scotland, for redrcfhng grievances, and judging caufes, 
 which formerly were judged by tlie Privy Council, fuch as the growth of Pope- 
 ry, and other irregularities, and with which Judicature the Church may corre- 
 fpond aneut Fafts and Thankf^ivings. 
 
 V. Like wife
 
 APPENDIX. 619 
 
 V. Likewife we do humbly repri^O^nt, that, in the fecond part of the Oath 
 of abjuration in favours of the fucceffion in the Proteftaiit line, there is refe^ 
 rence made to fome afts of the Englifn Parliament, which every one in this na- 
 tion, who may be obliged to take the faid Oath, may not fo well know, and 
 therefore cannot fivear wi:h judgment. As, alfo, there feems to us fome qua- 
 lifications required in the Succeflor to the Crown, which arc not fuitable to our 
 Principles. 
 
 VI. And in the lafl place, in cafe this pi'opofed Treaty of Union (hall be con- 
 cluded, this Nation will be fubjefted, in its Civil Intereits, to a Britifh Parliament; 
 wherein twenty-fix Prelates are to be conflituent members and legiilators ; and 
 left our filence fhould be conftrufted to import our confent to, or approbation 
 of, the civil places and power of Church-men, we crave leave, in all humility, 
 and due refpeft to your Grace and Honourable Eflates of Parliament, to repre- 
 fent, that it is contrary to our known principles and covenants, that any 
 Church-man (hould bear Civil Offices, or have power in the Common- 
 wealth. 
 
 Thefe things we humbly befeech your Grace and Lordfhips to confider, and 
 provide fuitable remedies thereto. And we fliali pray, that the only wife God 
 may fo direft and guide your Grace and Lord(hips in thefe, and all other mat- 
 ters that lie before you, that the refuh of your confultations may be the glory 
 of God, the advantge of religion, the peace and comfort of her Majefty 
 (whofe long and profperous reign we heartily pray for), the prefervation of 
 peace and truth in both kingdoms, and the welfare of this Church and Nation 
 in particular, the fatisfaftion of all who truly love and fear the Lord therein, 
 the peace of your own confciences, and your comfort in the day of your 
 accounts. 
 
 Signed in Name, in Prefence, and at the Appointment, of the 
 forefaid Commiflion of the General Affembly, by 
 
 WILL. WISHART, Moderator. 
 
 4 K 2 N»-
 
 620' APPENDIX. 
 
 N° H X. 
 
 Reafons given In to Mr. WiiriamWiniart, Moderator of the CommifTioti 
 of the late General Aflembly of the Church of Scotland,, againfl the 
 Reprefentation and Petition. 
 
 T Edinburgh the twelfth day of November, one thoafand feven hundred 
 and fix years, by the under fubfcribing noblemen and gentlemen, Elders 
 in the faid Commifiion, reafons for difient entered, and proteft.ition taktn by 
 them upon the feventh day of the faid month, in the meeting of the Commifiion 
 againft an Addrefs propofed to be made by the Commillion upon the grounds 
 contained in fix articles to the High Court of Parliament; which articles were, by 
 feveral members of the Commifiion, urged to be put to the vote for approbatba 
 m the form and terras following. 
 
 The Articles are as follows.. 
 
 1. That the Sacramental Ted being the condition of accefs to places of truft, 
 and to benefits from the Crown, all of our Communion mud be debarred from, 
 the fame, if not in Scotland, yet through the reft of the dominion of Britain, 
 which may prove of moft dangerous confequence to this Church. 
 
 2. That this Church and Nation may be expofed to the further danger of new 
 oaths from the Parliament of Britain, unlefs it be provided that no oath, bond, 
 ©r teft of any kind, (hall be required of any Miniller or member of the Church 
 of Scotland, which are inconfiftent with the known principles of this Church. 
 
 3. There being no provifion in the Treaty of Union for fecuring of this Church 
 by the Coronation Oath, that therefore, in the Coronation Oath to be taken by 
 the Sovereigns of Great Britain, they be engaged to maintain the doctrine, 
 uorfljipi difcipline, and government of this Church, and the rights and privileges 
 thereof, as now by law eftabliihed. 
 
 4. That, in cafe the propofed Union be concluded, the Church will fuffcr preju- 
 dice, un'efs there be a commifiion for plantation of Kirks and valuation of Teinds, 
 and making up the Regifiers of that Court which w^ere burnt ; and a Juilicaiory 
 in Scotland, for redrefilng grievances, and judging caufes,, which formerly were 
 judged by the Privy Council, fuch as the growth of Popery, and other irregulari- 
 ties; and with which Judicatory the Church may correfpond anent Fafts and 
 Thankfgivings^ 
 
 c.- Likewlfe.
 
 A P P E :N D I X. 621: 
 
 5. Likewife, we do humbly reprefent, That, in the fecond part of the op.th of 
 abjuration, in favours of the Succeffor in the I'roteftant line, ihcre is reference 
 made to fomeafts of the Englifti Parliament, which every one in this Nation, w!io 
 may be obliged to take the faid oath, may not fo wcU know, and therefore canned 
 fwear with judgment ; as, alfo, there fcems to us fome qualifications required ia 
 the Succeffor to the Crown, which are not fuitable to our principles. 
 
 6. And, in the laft place, in cafe the propofed Ireaty of Union fliall be con- 
 cluded, this Nation will be fubjefted in its civil interefts to a Britifli Parliament, 
 wherein twenty-fix Prelates are to be conflituent members and legiflators ; and, 
 left our filence {hould be conftrufted to import our confent to, or approbation ofr 
 the civil places and power of Church-men, we crave leave, in all humility and 
 due refpeft to your Grace and honourable Ellates of Parliament, to reprefent, that 
 it is contrary to our known principles and covenants, that any Church-man fliould 
 bear civil offices, or have power in the Common-wealth. 
 
 Againfl which Articles and Addrefs propofed, the faid Elders did before 
 the Vote proteft, and take Inftruments in the Hands of the Clerk of tl:i€ 
 Commiflion, 
 
 For the Reafons following* 
 
 1. The Commiffion of the General Affembly having already addreff to the 
 Parliament, for fecuring the doftrine, worfhip, difcipline, and government, of this 
 Church, and that Addrefs being read in the Hon fe upon the 17th of October 
 laft, the Parliament did thereupon declare, that, before concluding the Union,. 
 they would take the faid Addrefs to their confideration, and would do every- 
 thing neceffary for fecuring the true Proteftant Religion and Church Govern- 
 ment prefently by law eflabliflied in this kingdom ; which affurance, we con- 
 ceive, the CommilTIon may very well rely upon, leeing it is not to be doubted, that 
 the Parliament will, in due time, when the Addrefs is taken to confideration, make- 
 all neceffary provifions for fecuring our Religion and Church Government by 
 law eftabliflKd ; and it may be conftruifted jealoufy, or diffidence in this Com- 
 miffion, to prefs and purfue the faid Addrefs further, before it appear what fteps 
 and progrefs the Parliament ftiall make upon hy efpecially feeing there are fo many 
 Elders of this Commiffion who are members of the Houfe, and, being heartily 
 concerned for the Church's inrercft, will certainly take care that nothing be 
 omitted or forgot to be reprefented in Parliament which is neceffary for the 
 Church's fecurity.. 
 
 2. The Parliament having, upon the r5th of Oflober laff, voted to proceed 
 prefently to the confideration of the articles of the Treaty of Union, which might 
 
 he
 
 «2a A P P E N D I X. _ 
 
 be known to all by the publiCbed minutes, we conceive it not decent or fuitable 
 to the prudence of this Commiflion to prefent a new Addrefs relating to the fub- 
 jeft of il;e former, whereby the Houfe may be impeded in its procedure, which 
 may caufe a longer delay of confidering the firft Addrefs, by occafioning new 
 queftions and debates in the Houfe. 
 
 3. The fixth article of the now intended Addrefs contains matters which, we 
 conceive, are not within the fphere and compafs of the Commiffion's bufinefs pre- 
 fcribed to them by the General Affembly. Yet a wide ftep is made in quarrelling 
 and objecting to the conftitution of the Parliament of England, the reprefentative 
 of that nation, with which this is now in a Treaty about an Union ; likewife in 
 that article the form and frame of the civil policy and government of England, 
 in the extent and latitude of it agreeable to its laws, is reflefted upon and chal- 
 lenged; all which, in our opinion, infinuates a blaming and condemning our Par- 
 liament for treating of au Union with a kingdom fo circuraflantiated as Eng- 
 land is. 
 
 4. Whatever the conftitution of the Parliament of England now is, and what- 
 ever may be the conflitution of the Parliament of Great Britain after the Union, 
 the prefent legal eitabliftiment 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 government of the United Kingdom ; befides that our legal eftabliHiment will 
 po doubt be further fenced and fortified, when the Commiffion's Addrefs is taken 
 into conlideraticn by the Parliament. 
 
 5. The Parliament having, upon the fourth of this month, voted that the two 
 kingdoms of Scotland and England fliall, upon the firfl day of May next enfuing, 
 9nd for ever after, be united into one kingdom by the name of Great Britain, with 
 this provifion (that if the Articles of Union be not adjufled by the Parliament, 
 then the agreeing to and approving of the fird fliall be of no effecl); we apprehend 
 it may be of dangerous confequence to prefent now any Addrefs which may admit 
 pf a conflrudlion oppofite to that vote in Parliament; and certainly it would not 
 be excufeable in any, who are members in the Houfe, to concur in an Addrefs of 
 that fort, 
 
 So being fully perfuaded, that the way of proceeding by the new Addrefs novv 
 intended will tend to the great difadvancugc and prejudice of the Church as now 
 ^ftablidied, and of the Prc-fbyteiian Interefl:, we found ourfelves obliged to enter 
 pur diffent, and to proteft. Sicfubfcribitur, Rothes, Marchmont, Polwarth, George 
 paillie, Alexander Ogilvie, J. C. Auchinbreck, J. Campbell. 
 
 The
 
 APPENDIX. 623. 
 
 The Commlfllon of the General AflTembly, Reply to the Reafons given 
 by the Elders for their Proteft, intituled, • 
 
 Some modeft Animadverfions by way of Reply to a Paper intituled, 
 
 Reafons, &c. ut fupra, 
 
 IT was a great grief to the Commiffion, when it pleafed fome of our honour- 
 able friends of the ruling Elders to proteft: againfl the vote, whether the fixth 
 Article of the Conimifiion's fecond Addrefs fliould be added to the other articles 
 formerly agreed to ; and it doth add no Trtle to our grief, that a paper is given 
 in with reafons againfl: the whole Addrefs j whereas they may remember the 
 firfl three of the articles of the faid Addrefs were unanimoufly agreed unto 
 before. 
 
 We do fincerely profefs, we'have fuch a fenfe of, and confidence in, the kind- 
 nefs of thefe noble and honourable perfons to this Church, that it afflifts us 
 when in any thing we cannot comply with their opinion ; but we hope they 
 will excufe us, when purely our confcience towards God maketh us differ. 
 
 We heartily wifli this debate fopite, and that yet it would pleafe them to take 
 up this paper; perhaps, on more mature and fecond thoughts, they may fee there 
 is no ground to be fo fevere againft our fecond Addrefs, as to cenfure it as 
 jealoufy or diffidence of the Parliament, or our friends in it, as in the firft reafons; 
 and of indecency and unfuitable to prudence, as reafon fecond ; or dangerous 
 and fuch as may be conflrued as contrary to a vote of Parliament, November the 
 fourth, as in reafon 5th. For, the firft Addrefs being general, the fecond was 
 but a humble reprefentation of fome particulars we humbly defired might be 
 minded, when it pleafed the Parliament to refume the confideration of the firft 
 Addrefs, leaving the time to the wifdom of the Parliament, we being far from any 
 defign to occafion delay or debate ; and it hath pleafed the Parliament to infert 
 diverfe of the things there defired in the aft for the fecurity of the Church, and 
 we would gladly hope they will confider the reft of them in due time. 
 
 But, we conceive, it is the 6th Article agaiufl which the chief offence is taken, 
 and againft which the 3d and 4th Reafons are levelled ; but our honourable 
 friends know, there had been much reafoning on that head for diverfe days ; and 
 when there was no appearance of unanimity, how could the Commiffion flum a 
 vote for decifion of the difference I nor can we be perfuaded that the Commiflloa 
 went in their vote without the fphere and compafs of the bufinefs prefcribed to them 
 by the General Affembly, or made a wide ftep in quarrelling and objeding to 
 
 the
 
 /24 APPENDIX. 
 
 the conditution of the Parliament of England, as is alledged in reafon 3d. For 
 it was oft told, in the conference and debate, we did not meddle with the coa- 
 ilitution of the Parliament of England, as. the Parliament of England, though 
 we cannot command our judgment to an approbation of it; nor do we fpeak any 
 thing agalnft treating with the Parliament of England, as the reprefentatlve of 
 that nation; nor doth it blame our Parliament for treating with them, for ihey 
 treat with the Parliament of Scotland as the reprefentatlve of the nation ; which 
 as theirs is in its frame eflablifhed by the laws of the laud, yet a regulation there- 
 of is treated of for conltituting the Britifh Parliament. Why then fliouldthere be 
 fo much offence taken, that in due feafon, before the conclufion of the Treaty, it 
 is humbly reprefented to the Parhament, that, in cafe the propofed Treaty of 
 Union be concluded, this nation will be fubjefled in its civil interefts to a Brithh 
 Parliament, wherein twenty-fix Prelates are to be conftituent members and 
 legiflators ? 
 
 We do not fpeak In that 6th Article of the legal ellabliihment of our Church, 
 and fo the 4th reafon toucheth not this point. 
 
 And could any thing be more modeftly exprefl, than this is by the Coramiffion 
 in their Addrefs, in thefe words : 
 
 " And lefl: our filence fliould be confiruded to import our confent to, or ap- 
 ♦* probation of, the civil places and power of Church-men, we crave leave, in all 
 ** humility and due fefpedt to your Grace and houourable Eflates of Parliament, 
 *' to reprefent that it is contrary to our known principles and covenants, that 
 ♦' any Church-man fliould bear civil offices, or have power in the Common-. 
 <« wealth." 
 
 Nor can we fee how this Addrefs doth of its own nature tend to the difadvant 
 age of the eftabliflied Church and Prefbyterian intereft. 
 
 But, as we have charity towards them, we expcft the fame charity towards us, 
 a£ling purely from confcience towards God ; and we intreat and expeft the con- 
 tinuance of their kindnefs to this Church. 
 
 N'
 
 A p P E N D I ^. 6«5 
 
 N°Kx. 
 
 Unto his Grace her Majefty's Pligh CommifTioner, and the Mofl Ho- 
 nourable the Eflates of ParHament. 
 
 The Reprefentation and Petition of the Commifllon of the General 
 Affembly of this National Church of SCOTLAND. 
 
 Edinburgh, January 1 6th, 1707, 
 
 HUMBLY SHEWETH, 
 
 THAT we, confidering the truft repofed in us by the late General Affembly, 
 find it our duty to lay before your Grace and Lordfhips, when, as we are 
 Informed, you are about the paffing of an Aft of Ratification of the Articles of the 
 Treaty of Union betwixt the two Kingdoms of Scotland and England, which 
 contains thefe following words : " Declaring, neverthelefs, that the Parliament of 
 " England may provide for the fecurity of the Church of England as they fliall 
 *' think expedient, to take place within the bounds of the faid Kingdom of 
 *' England, and not derogating from the fecurity above provided, for eflablifliing 
 *' the Church of Scotland within the bounds of this Kingdom, which fliall not 
 " fufpend or derogate from the force and effeft; of this prefent ratification ; but 
 ** fliall be underftood as here Included, without any neceffity of any new ratifi- 
 " cation in the Parliament of Scotland ;" which claufe feems to us not only to be 
 like a blank, put, with your Grace and Lordfliips confent, in the hands of the 
 Parliament of England, to enaft what they fliall think fit for fecuring the hie- 
 rarchy and ceremonies of their Church ; but alfo a confent that it be an Article 
 and Fundamental of the Union, and, as is contiiined in your ratification, cannot 
 but imply a manifeft homologation: 
 
 We do, therefore, humbly befeech your Grace and Lordfliips, that there 
 be no fuch ftipulation or confent for the eftabllfliment of that hierarchy 
 and ceremonies, as you would not Involve yourfelves and this Nation in 
 guilt, and as you confult the peace and quiet of this Nation, both in 
 Church and State. We pray that God may blefs and preferve our gra- 
 cious (^een, and direft your Grace and Lordfliips in this and all the great 
 and momentous affairs which are or may be before you. 
 
 Signed In name, In prefence, and at the appointment, of the Commlf- 
 fion of the late General Affembly, by, fic fubjcribituTy 
 
 WILL. WIS HEART, Moderator. 
 <- L N!
 
 626 APPENDIX 
 
 To his Grace her Majefty's High CommiHioner, and the Right Hononrahre" 
 Eftates of Parliament, the humble Addrefs of the FrelLytery o£ 
 Dumblane, 
 
 SHEWETH, 
 
 THAT, we having feen the feveraT faithful and feafonable AddreiTes and Repre- 
 fentations of our brethren of the Commifllon to your Grace and Lordihips,, 
 all which we concur in, and agree to, as expreffive of our known and cove- 
 nanted principles ; and though it may appear unneceiTary that we fhould give 
 your Grace and the Honourable Eftates of Parliament any trouble this way, yet, 
 from a fenfe of the duty we owe to God at this jundure, to our gracious Sotc- 
 reign Queen Anne (whom the Lord long preferve for a blefling to this Church 
 and Nation!),, and to your Grace and Lordfliips, we could not forbear in all humi- 
 lity to reprefeat how much we are alarmed with the prefent fcheme of Union in 
 the printed Articles, as apprehending the fatal confequences thereof in the event 
 of a Britifh Parliament to our Sacred and Religious concerns, and to which we 
 cannot go in, without guilt before God, in a manifeil: breach of our folemn 
 covenants, by which we are engaged againfl: ecclefiaftical perfons being legiflators 
 in the Common-wealth (the fetting up of publickmafs, and Englilh ceremonies; 
 the illegal and dlforderly pradices of the Epifcopal Clergy, from the hopes of a 
 Popifh SuccelTor to the Crown, without any effeftual red refs from the Govern- 
 ment, notwithftanding of repeated application made by this Church), do give juft 
 umbrage of what may be expecled when Scotland and England are united into 
 one kingdom, and reprefented by one and the fame Parliament : 
 
 May it therefore pleafe your Grace, and the Honourable Eftates of Par- 
 liament, to be tender of the peace and quiet of this Church and Nation, 
 and fettle the Succeffion in the Proteftant line, and to do nothing that may 
 be prejudicial to this National Church in any of its religious or facred 
 interefts, which her Majefly in her gracious letter, backed with your 
 Grace and my Lord Chancellor's fpeeches to this prefent feflion of Par- 
 liament, give juft ground to expeft. 
 
 N"
 
 APPENDIX. 6zi 
 
 W Mx. 
 
 Unto his Grace her Majefty's High Commlffioner, and the Right Ho- 
 nourable Eftates of Parhameiit ; the humble Addrefs of the Barons 
 and Freeholders within the Stewartry of Kirkcudbright. 
 
 WE the Barons, Freeholders of the faid Stewartry of Kirkcudbright, nnder- 
 fubfcribing, having feen the Articles of the Union agreed upon by the 
 Commiffioners nominate on behalf of the Kingdom of Scotland, and the 
 Comraiffioners nominate on behalf of the Kingdom of England, in which they 
 have agreed, that Scotland and England (hall be united into One King- 
 dom, the which United Kingdom fhall be united by one and the fame 
 Parliament ; and feeing it doth evidently appear to us, that fuch an incorpo- 
 rating Union as is contained in the faid Articles is contrary to the honour, fun- 
 damental laws, and conftitutions of tliis Kingdom, claim of right, and rights and 
 privileges of the Barons and Freeholders of this Kingdom, and that the fame is 
 deflrusftive to the true intereft of the Nation; and being likewife apprehenfive of the 
 danger that evidently threatens our Church-government from a Parliament where 
 there is not one member of that communion ; Therefore, we humbly befeech 
 your Grace, and the Honourable Eftates of Parliament, that ye will not promote 
 any fuch incorporating Union $ but do confidently expe£t that ye will fupport and 
 preferve entire the Sovereignty /md Independency of this Crown and Kingdom, 
 and the rights and privileges maintained by our heroic anceflors for the fpace of 
 near two thoufand years, that the fame may be tranfmltted to fucceeding genera- 
 tions as it has been conveyed to us ; and we will heartily concur with you for fup- 
 porting and maintaining our Sovereignty and Independency with our lives and 
 fortunes, conform to the qualified laws of the Nadon. 
 
 N" N X. 
 
 Unto his Grace her MajeAy's High Commlffioner, and the Right Ho- 
 nourable the Eftates of Parliament ; the humble Addrefs of the 
 Prelbytery of Hamilton, 
 
 T 
 
 SHEWETH, 
 
 HAT we heartily concur with the Addreffes made by the Commiffion of the 
 General Affembly to your Grace and Lordfhips, and do.believe that there is 
 
 4 L 2 a full
 
 628 APPENDIX. 
 
 a full unanimity therein amongft the minifters of this National Church, both as 
 to the matter of thefe Addreffes, and in their humble and earneft defires that the 
 Honourable Eftates of Parliament may take them into further confideration, to 
 prevent the fears and dangers of this Church, that may enfue from an incor- 
 porating Union with England in the terms of the Treaty offered to the Pv* 
 llament. 
 
 But that which more efpecially obliges us in duty and confclence, as Minifters 
 of the Gofpel of peace, moft humbly to interpofe with your Grace and Lord- 
 ihips, is, the lamentable and diftrafled Rate of the Kingdom, and particularly the 
 people under our paftoral charge, from the fad apprehenfipns they have, and 
 have exprelTed in their feveral Addreffes to the Parliament, of the woeful effefls 
 and confeqiiences of fuch an Union to their liberties, both civil and religious; 
 and that It cannot be entered into by the nation in the terms without incurring 
 the guilt of national perjury : and though hitherto we have endeavoured to 
 keep them from breaking out, yet the ferment and diffafisfaflion doth fo increafe 
 amongft: all, that we are juftly afraid of what thefe things may turn unto. 
 
 We do, therefore, after ferious fupplication at the Throne of Grace, moft 
 earneft;ly implore, and with all humility befsech, in the bowels of our Lord 
 Jefus Chrift, that your Grace and Lordftiips may compaffionate the trembling 
 ftate of this Church and Nation, and liften as it were to their dying groans; 
 God having put it in your hands to allay their fears, avert their dangers, and pre- 
 vent the dreadful confufions that threaten this land, by laying afide this incopor- 
 nating Union with England, as offered in the Treaty ; and by fupplicating her 
 moft gracious Majefly (for vvhofe long and happy reign over us we do, and 
 always (hall, mcft heartily pray ; and upon whofe royal affurances, in behalf of 
 this Church, we do mofl chearfully rely), that the Proteftant fuccefhon to the fove- 
 reign and independent Crown of this Kingdom may be fettled by an AG of our own 
 Parliament; and that no incorporating Union with England may be concluded 
 until her Majefty Ihall be plcafed to call the General Affembly of this Church, 
 which,, being the National Church eftabliflied by Law, and founded on the 
 Nation's Claim of Right, hath an undoubted right to be confulted about her 
 own Seeurit-ies, before any fuch Union be entered Into with a government of 
 another communion, where that government is to be in a manner fole mafter of 
 the whole adminiftration. 
 
 Thefe things we moft humbly beg of your Grace and Lordftiips, as our 
 prote^ors and patrons under God, befeeching you to hearken unto us, that God 
 may hearken unto you, and give you peace and comfort in the day of your 
 »ccompt3j • 
 
 Sic fiibfcribUvr^ ■
 
 APPENDIX. 
 
 '^9 
 
 W O X. 
 
 A Letter from the Commiffion of the General Aflembly to the Prefby- 
 
 tery of Hamilton. 
 
 Edinburgh, December 6th, 170^. 
 R. D. B. 
 
 THE General AfTembly of this Church having appointed us to take care 
 that it fuffer no prejudice through negleft of due application to the 
 Honourable Eftates of Parliament, or any other Judicatory concerned in the 
 management of publick affairs; we have in this junflure, wherein a Treaty of 
 Union with the neighbouring Kingdom is under deliberation before the Ptepre- 
 fentatives of our Nation, endeavoured, and are ftill endeavouring, to exoner our 
 confciences, in doing what we judge incumbent upon us, for fecuring the doc-r 
 trine, worihip, difcipline, government, rights, and privileges, of this Church, 
 as now by the great goodnefs of God the fame are eflablifhed among us : and 
 being informed of diforders and tumults in fome parts of the country, which 
 the enemies of our prefent happy eftablifhment may be ready to improve, though 
 without ground, to the difadvantage and reproach of this Church; wc do look 
 ppon it as our duty to recommend to all our brethren, that, as they have in their 
 ftations accefs, they do difcountenance and difcourage all irregularities and tumults 
 that tend to diflurb the Government of our gracious Sovereign the Queen, to 
 whom we are in gratitude, as well as duty, under the higheft obligations, feeing, 
 jn the kind Providence of God, we by her good and wife management enjoy fo 
 many advantages, and upon whole prefervation our peace, and the fecurity of 
 all that is dear to us, do under God much depend. This in name, and by tbe 
 order, of the Commiffion of the General Affembly of this National Church, is 
 fubfcribed by 
 
 R. D. B. 
 
 for the right reverend the 
 Moderator and remanent 
 Members of the Prefby- 
 tery of Hamilton. 
 
 Your affeftionate brother and 
 fervant in the Lord, 
 
 WILLIAM CARSTAIRS, 
 Moderator po tewpore. 
 
 6 
 
 K*
 
 65«' A P P E N D I X. 
 
 N° Px. 
 
 The A-nAver of the Prefbytery of Hamilton to the Letter from the 
 Commiffion of the General Affembly. 
 
 Bothwelj 17 Decemb. i7o5. 
 R. D. B. 
 
 YOUR letter, figned by the R. Mr. Carflairs, Mo^&rzxor pro tempore, we 
 received this day, being our firfl: meeting after its date of the 6th inftaht, 
 wherein there is mention of your being informed of diforders and tumults in 
 fome parts of the country, which you recommend unto us to difcountenance and 
 difcourage as we have accefs. 
 
 We know there have been many reports fpread abroad of tumults and difor- 
 ders, not only iu Glafgow, which is too true, but in other places within the {hire 
 of Lanerk j which, as to the bounds of our Prefbytery, are grofsly falfe; and wc 
 have reafon to believe them to be fo iikewife as to the reft of the fhire. We have 
 heard alfo of fome calumnious ftories induflrioully diffeminated concerning fome 
 of our number. With refpeft to thefe pretended diforders, which are not only 
 contrary to truth, but to common fenfe, we wi(h the forgers and fpreaders may 
 be forgiven : they aft in this neither the part of good Chriftians, nor of good 
 fubjefts. 
 
 As to the difpofition of the people, the plain truth is, that they are generally 
 
 mod averfe from the Union ; and many have expreffed themfelves broadly 
 
 enough againft it, as what they fear may prove an iiremediable evil, if it fhould 
 
 be concluded, wiQiing that fome flop might be put to it : and we have not been 
 
 wanting, as there was occafion, to advife and exhort the people to calmnefs and 
 
 regularity, and to refrain from any undue keennefs might be in their words; 
 
 but we mud: fay, that it is utterly falfe and malicious to fuggeft, that there hath 
 
 been the leaft tumult or irregular practice among them fiuce this Union came in 
 
 qucftion, far lefs any fhadow or appearance of any undutiful or difloyal 
 
 thought of her iViajefty ; yea, there has not been fo much as the leafl: motion 
 
 towards their accullomed ordinary rendezvous warranted by law fince the pub- 
 
 lifhing of a Proclamation and Aft forbidding the fame. It is true, that fome 
 
 of thofe raQi youths who broke out from Glafgow paffed through our bounds, 
 
 bu^ they were not allowed to make any ftay, nor received the leall: encouragement 
 
 at any hand, for aught we know ; fo that we can well allure the R. Commilhon, 
 
 there is as much peace and quiet within the whole bounds of this Prclbytery as 
 
 in any place of the kingdom, 
 
 Wc
 
 APPENDIX. 6ii 
 
 We have beard, with much fatisfaftion, of the zeal which the R. CotnmlfTion 
 hath fhewed by their AdJrefTes mentioned in your letter, for the interefls of the 
 Church at this time, when they are in fo eminent hazard, and wc have teflificd 
 our concurrence therewith by our Addrefs to the Pirliamcnt: but we are (till of 
 opinion, that tlie prefTi'.ig neccfhty of the preftnt junfture, and the manifcft 
 impoffibiliiy (in the event of fuch an Union as is moulded in the Treaty) of 
 fccuring this Church in any of her precious concerns, now edabliflicd by the 
 Laws and ConlUtution of cur own Government and Kingdom, doth not only 
 require the continuance of affiduous application to the Plight Honourable Eftates 
 of Parliament, but likewife that tlie Commiffion, in name of this Church, 
 teftify ngainft the concluding of any Uni m with England, upon the foot of this 
 Treaty, till the General Aflembly of this National Church, according to her 
 undoubted right, as we have (hewed in our Addrefs, be called and allowed to 
 confider of folid and effcntial fecurities for the Church in fuch an exigence. 
 This, we humbly think, the trufl repofed in the Commiflion, and faiihfulnefs to 
 the Church of Scotland, both in the prefent and fucceeding generations, doth 
 vmdeniably demand. Thus, heartily recommending you to divine conduft aniJ 
 affiftance, we reft,. 
 
 R. D. B. 
 
 Your moft afTedlionate brethren, and 
 humble fervants in the Lord, the 
 For the right reverend the Mode- Minifters of the Prefbytery of Ha- 
 
 rator, and remanent Members milton'; fubfcribed in their name,", 
 
 of the Commiffion of the Gene- and by their order, by 
 
 ral AfTembly at Edinburgh. 
 
 ALEX. FINDLATER, Moderator. 
 
 N^ Q.X. 
 
 To his Grace her Majefly's High Commiffioner, and the Right Ho- 
 • nourable the Eftates of. Parhament ; the humble Addrefs of the 
 
 Magiftrates, Town-Council, Burgefles, and Inhabitants, of the- 
 
 Burgh of New-Galloway. 
 
 WE the Magiftrates, Town-Council, Rurgeffes, and Inhabitants of the faid 
 Burgh of New-Galloway, under-fubfcrlbing, having feen the Ardcles 
 of the Union agreed upon by the Coramiffioners nominate in the behalf of the 
 
 Kingdom;
 
 i^i^ APPENDIX. 
 
 Kingdom of Scotland, and the Commiflioners nominate in the behalf of the 
 Kingdom of England, in which they have agreed, that Scotland and England be 
 united in one Kingdom; and that the United Kingdom be reprefented by 
 one and the fame Parliament ; and feeing it does evidently appear to us, 
 that fuch an incorporating Union, as is contained in the faid Articles, is contrary 
 to the Honour, Fundamental Laws, Conftltution of this Kingdom, and Claim of 
 Right, by which our Liberty and Prefbyterian Government in the Church are 
 fecured ; and alfo contrary to the birth-right of the Peers, and rights and privi- 
 leges of the Bjrons, Free-holders, and Burghs of the kingdom ; and that the 
 ■fame is deftruftive to the true interefl: of the nation : 
 
 Therefore, we humbly befeech your Grace and Honourable Edates, and do 
 confidently expeft, that ye will not allow of any fuch Incorporating 
 Union ; but that ye will fupport and preferve the Sovereignty and Inde- 
 >pendency of this Independent kingdom, and the rights and privileges of 
 Parliament, which has been fo valiantly maintained by our heroic 
 anceftors for the fpace of near two thoufand years j that the fame may be 
 tranfmitted to fucceeding generations as it has been conveyed to us; for 
 we are refolved to defend and fupport our Crown and Independent Sove- 
 reignty with our lives and fortunes, conform to the eftabliflied Laws of 
 this nation. 
 
 N" Rx. 
 (Thurfday, 19th of Deceinber, 1706.) 
 
 To his Grace her Majefty's High Coiiimifrioner, and the Right Ho* 
 iiourable the Eftates of Parliament; the humble Addrefs of the 
 Magiflrates, Town-Council, Merchants, Deacons of Crafts, and 
 others, Tradefmen and Inhabitants of the Burgh of Dumfermling. 
 
 WE the Maoiflrates, Town-Council, Merchants, Deacons of Crafts, and 
 other Tradefmen and Inhabitants, within the Burgh of Dumfermling-, 
 under- fubfcribing, having feen and confidered the Articles of the Union agreed 
 upon by the Commiffioners for the Kingdoms of Scodand and England j in 
 which they have agreed, that Scodand and England be united into One King- 
 dom; and that the United Kingdom (hall be reprefented by one and the fame 
 Piu-liament : and feeing it docs cvidendy appear, that fuch an Incorporating Union, 
 
 as
 
 APPEND! X.- 
 
 ^3$ 
 
 as IS contained hi thefaid Articles, is contrary to the Ilonour, Fundamental Laws, 
 and Conllitution of this kingdom. Claim of Pviglit, and Rights and Privileges of 
 the Burrows and Church-government, as by Law eftabliflied ; and tliat the fame 
 is detlruflive to the true interell of this Nation ; therefore, we humbly befeech 
 your Grace and the Honourable Edates, and do confidently expeft, that you 
 will not allow of any Aich Incorporating Union j but that you will fupport and 
 prcferve entire the Sovereignty and Independency of this Crown and Kingdom, 
 and tiic Rights and Privileges of Parliament, which have been fo valiantly main- 
 tained by our heroick aiiceitors for near two thoufand years; that the fame raa7 
 be tranfmitted to fucceeding generations as they have been conveyed to us ; and 
 we will heartily concur with you for fupportmg and maintaining our Sove- 
 reignty and Independency with our lives and fortunes, conform to the Laws of 
 the Nation. 
 
 TOWN COUNCIL. 
 David Adie, Biillie. 
 David Adie younger, Baillie. 
 Jerome Cowie, Dean of Gild. 
 William Wilfon, Treafurer. 
 David VV^ilfon, Counlellor. 
 John Cowie, Counfellor. 
 James IVIeldium, Counfellor. 
 John Adie, Deacon Conveener. 
 Laurance Henderfon, Counfel, 
 William Inglis, Counfellor. 
 William Findlay, Counfellor. 
 William Young, Counfellor. 
 James Walls, Counfellor. 
 
 MERCHANTS. 
 
 William Black. 
 Henry Elder. 
 Robert Anderfon. 
 John Hart. 
 John Balfour. 
 William Wilfon. 
 Thomas Mitchel. 
 Andrew Rolland. 
 Robert Adie. 
 
 Charles Chambers. 
 John Hay. 
 Patrick Clow. 
 Jofeph Kirk. 
 John Couper. 
 William Wilfotl. 
 Robert Robertfoni' 
 James Dick. 
 David Gray. 
 George Chriftie. 
 John Watfon. 
 Patrick Currie. 
 John Brown. 
 John Allan. 
 James Pringle. 
 John Bethon. 
 Robert Wilfon. 
 David Meldrum. 
 Robert Walker. 
 
 WRIGHTS. 
 
 John Main, Deacon. 
 Andrew Wilfon. 
 John Simpfon. 
 John Potter. 
 
 4 M 
 
 George
 
 634 
 
 APPENDIX. 
 
 George Walker. 
 George Walls. 
 Thomas French. 
 Thomas Bonnar. 
 John Henderfon. 
 James Henderfon. 
 John Main. 
 James Kirk. 
 Patrick Thomfon. 
 William Hutton. 
 James French. 
 Thomas Richardfon. 
 
 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 Cufin. 
 Robert Kirk. 
 John Belfrage. 
 Thomas Beverage. 
 Thomas Beverage. 
 George Philp. 
 William Taylor. 
 William Wclvvoodo 
 John Burly. 
 Andrevif Belfrage. 
 
 WEAVERS. 
 
 John Wilfon, Deacon. 
 
 James Wilfon. 
 
 John Stark. 
 
 Patrick Hutton. 
 
 James Turnbul. 
 
 David Marres. 
 
 James Wilfon. 
 
 Charles Kirk. 
 
 Andrew Wilfon. ' 
 
 William Kirk. 
 
 Thomas Dryfdale. 
 
 Thomas Richardfon. 
 
 Alexander Douglafs. 
 
 John Gotterfon. 
 
 John Black. 
 
 John Williamfon^ 
 
 William Wilfon. 
 David Dalglifli. 
 John Ker. 
 Andrew Wilfon. 
 James Shortlands. 
 John Wilfon. 
 John Wilfon, alter. 
 Robert Gotterfon. 
 Robert Wilfon. 
 Robert Strachan. 
 Robert Buift. 
 John Durham. 
 Robert Dalgliefh.- 
 Adam Robertfon,. 
 Andrew Young. . 
 Robert Black. 
 Robert Stark.. 
 Thomas Bean. 
 Magnus Malcolm.. 
 Robert Inch. 
 George PuUans. 
 William Bcanny. 
 
 Robert
 
 Robert Mackraigh. 
 John Inglis. 
 John Mackraigh. 
 
 TAYLORS. 
 
 James R.ichardfon. 
 Robert Donakl. 
 Andrew Hepburn. 
 Alexander Coventr/. 
 Thomas Hanna. 
 James Henderfon. 
 John Jamifon. 
 William Hodge. 
 Alexander Couper. 
 John Horn. 
 James Kellock. 
 James Wardlaw. 
 Robert Bauld. 
 James Hall. 
 James Richardfon, 
 James French. 
 
 APPENDIX. 
 
 John Wilkie. 
 
 «3S 
 
 SMITHS. 
 
 James I.aw. 
 David Black. 
 Thomas WUfon. 
 John Cunighame, 
 Adam Stevinfon. 
 William Aiiderfon. 
 James Saiitli. 
 
 BAXTERS. 
 William Ker. 
 John Anderfon. 
 Robert Adamfon. 
 Robert Donald. 
 James Buift. 
 Robert Fergufon. 
 George Cravvfurd. 
 James Legat. 
 John Buntine. 
 
 Ego Andreas Sympfon, Notarius Publicusac Scriba dl£i:I Burgi de Dumferling, 
 fpeciali raandato Davidis Sands, Gulielmi Pierfon, Jacobi Band, et Gulielmi 
 Robertfon, Fabrorum Feirariorum in difto Burgo, ac Roberti Wellwood, 
 Andreae Smeitton, Jacobi Willfon, Calceariorura in dido Burgo, et Joannis Rea, 
 Jacobi Beannie, Thomze Willfon, Joannis Hepburn, et Jacobi Maflertoun, Sar- 
 torum in diiflo Burgo, et Eduardi Ovenwhyt, Andrew Beanny, et Joannis 
 Beanny, Fabrorum Murariorum ibidem, ac Petri Nigrevv, Alexandri Grieve, Ro- 
 berti Crawfoord, Johannis Brown, AndreiE Morris, Roberti Durham, Gulielmi 
 Kirk, Andrere Kirk, Joannis Hoggan, Roberti Haggan, Patricii Stevenfon, 
 Alexandri Gillcfpie, et Petri Cairns, Textorum ibidem, et Andrere Chriftie, 
 Jacobi Walker, Gulielmi Walker, Davidis Chriflie, Gulielmi Eafan, Jacobi Brown, 
 et Joannis Thomas, Fabrorum Lignarior jm, et Gulielmi Culin Lanionis in diclo 
 Burgo, pro illis omnibus fcribei'c nefcien. ut afferuerunt fpecialiter requifitus;-^ 
 fubfcribo, fic fubfcribitur. 
 
 AND. SYMPSON, N. P. 
 
 4 M a 
 
 Tbc
 
 6^6 APPENDIX. 
 
 , The names of the perfons figning this Addrefs are put hi her£, not that it 
 was very material as to the i)erfons, but as afpecimen of the manner how 
 thefe addreffes were ufually figned. 
 
 Here follows the feveral fiates of the revenues and debts of the refpeflive king- 
 doms of England and Scotland, as they were diflindtly and feparately ftdted 
 by the order, and for the iervicc, of the CommifTioners of both Kingdoms, 
 appointed to treat of the Union ; With the feveral valuations and calculations, 
 appropriations, proportions, and net produce, as they were laid before the 
 faid CommifTioners, being the fame referred to in that part of this hiftory, 
 intituled. Of the Treaty in London, fol. 104. 
 
 N° S 
 
 X. 
 
 A STATE of the Revenues and Publick Income of the Kingdom of 
 
 England, viz. 
 
 The Revenues appropriated for the better fupport of her Majefly's houfhold, 
 and of the honour and dignity of the Crown (by an aft i Annoe Reginse) 
 during her IVIajefty's life. 
 
 Per annum, fer annum. 
 
 THE Excife of zr. and 6f/. />!?>■ barrel on beer, ale, &c. 
 excluding 3700/. a week appropriated thereout for 
 publick ufes, and including fo much of the charges of 
 management, as is paid by the Cafliicr, according to a medium 
 of three years laft paft, amounts to 286178 o o 
 
 The further fubfidies of tonnage and poundage, and other du- 
 ties upon wines, goods, and merchandizes imported (exclu- 
 five of drawbacks by debentures and allowances for damaged 
 goods by like medium, is — 356841 o 
 
 The revenue of the General Letter-office, or Poft-office, by a 
 like medium, including charges of management paid by the 
 Receiver, is loiioi o o 
 
 The produce of the fines arifing in the Alienation-office, (includ- 
 ing the neceffary expenccs of the Court of Chancery, and 
 other charges boru thcrcoiu) is by a medium _— .— . 4804 o o 
 
 The
 
 6ji4 
 
 
 
 
 
 1040 
 
 
 
 
 
 13 
 
 
 
 
 
 13005 
 
 
 
 
 
 9869 
 
 
 
 
 
 6857 
 
 
 
 
 
 APPENDIX. 637 
 
 Per aim/m, per annum. 
 The pafl fines by a referved rent on a grant thereof in be- 
 ing, is '■ 2275 o o 
 
 The produce of the revenue arifing by wine licences, including 
 charges of management, by a medium, is — ■ 
 
 Sheriffs profits, communibus aunts, abtait 
 
 Compofuions in Exchequer by a medium of ihree years — 
 
 Seizures of uncuftomed and prohibited goods the like — 
 
 The revenue of the Dutchy of Cornwall, confifling of the cuf- 
 
 tom, coinage, duty of tin, rents of lands, fines of leafes, and 
 
 other revenues certain and cafual, amount to about — — 
 
 The revenue of the Principality of Wales, about 
 
 Other revenues, arifing by rents of lands, and fines of leafes, &c. 
 by a medium of what paid into the Exchequer in laft three 
 
 years, amount to about — — 2906 o o 
 
 So the total of the revenues, reckoning upon a medium as afore- 
 faid, and including the faid charges of raifing the fame, is 
 about — — — ' — — 691240 o o 
 
 The other Publick Income. 
 
 Curtoms and fubfidies of tonnage and poundage, by feveral afls 
 of Parliament, continue till the ifl Auguft, 1710, and are 
 appropriated for difcharging fuch debts or incumbrances as 
 in the faid a6ls are mentioned ; thefe, excluding drawbacks by 
 debentures, portage-bills, and allowances for damaged goods, 
 and including charges of management paid by the calhier, 
 according to a medium of three years lad pall:, do produce 
 about — — — ' — — • 345704 o 
 
 Impofitions on wines, vinegar, tobacco, and Eaft-India goods, 
 which continue to the faid ill Auguft, 17 10, are appropriated 
 for difcharging of debts as aforefaid ; and, excluding draw- 
 backs by debentures, and allowances for damaged goods by 
 a like medium, are about — — — — 373485 o o 
 
 Additional impofitions on goods and merchandizes are con- 
 tinued and appropriated as aforefaid -, thefe (excluding draw- 
 backs and allowances) by a like medium, produce — — 39^45 O 
 
 The duties on coals, culm, and cinders, continued to the 30th 
 September, 1710, are appropriated to luch ufes as in the a<2s
 
 <h8 A P P E N D I S; 
 
 "■o 
 
 Per annum, per annum, 
 of Parliament "for the fame are mentioned, by a like me- 
 fjium — — — — — 1 1 3688 o 9 
 
 The 15/. per cent, on muflins, and the duties on coffee, tea, 
 fpices, pidures, &c. with the additional duties lately impofed 
 ^hereon, and upon callicoes, china wares, and unrated drugs, 
 ere all granted -and continued to the 24th of June, 17 10, 
 and appropriated for re-payment of loans with inteteft : the 
 former duties by a medium of the lafl three years (excluding 
 draw-backs and allowances for damaged goods) produced 
 4.2475/. and the new duties are eftimated at 74000/. per 
 annum, which toge her is ■ — — — — 116475 o 9 
 
 Twenty-five pound per cent, additional duty on French goods, 
 continueth for the refidue of a term of twenty-one years, 
 from the 28th-February, 1696, is applicable to any ufes of 
 the war ; and the produce thereof, by a medium of the laft 
 three years, excluding allowances for damaged goods, is about 10794 o o 
 
 five {hillings per ton on French fliipping, granted the 12th 
 Car. II. is to continue fo long as the duty of fifty fols per 
 ton, on Englifh (hipping in France, and three months longer, 
 and is applicable to any ufes of the war ; the medium of the 
 laft three years amounts to — — — 81 o o 
 
 ■plantation duties gr-anred 25th Car. IF on goods carried from 
 one plantation to another, are not particularly appropriated, 
 but applied to the ufes of the war; the faid medium is 877 o o 
 
 .Four and a hi\\(^ per cent, in ipecie, aiifing in Barbadoes and 
 the Leeward Klands, fubjeft to an annuity payable to the 
 heirs and affigns of the Earl of Kinnoul, are applied thereun- 
 to, and towards the fupport of thefe idands, purfuant to an 
 addrefs of the Houfe of^Commons in that behalf; a medium 
 of the produce, of the 'faid duty, by fales thereof made here 
 in the lall three yearSj is — — — 6459 o o 
 
 Coinage duty (being ^10 f. per inn on wines imported) is con- 
 tinued to the ill of June, 1708, and appropriated to the ufe 
 of the niiiir, and by a medium of three years (excluding 
 draw-backs and allowances for damaged wine) is about 735° o o 
 
 Thc-dirties on whale finis and Scotch linen, continued till the 
 ift of Auguft, 17-10, are appropriated for dilcharging of 
 loans and other debts (cxclufive of draw-backs and allow- 
 
 ^'^.ances for damage) by a like medium may be, — - — • ■^°939 o o 
 
 6 One-
 
 APPENDIX. 639- 
 
 Per annum, per annum 
 One-third additional tonnage and poundage, granted for three 
 years from the 8th March, 1703, and applicable to the re- 
 payment of loans and intereft: ; and by another aft continued' 
 from the 8th of March, 1706, for 98 years, for payment of 
 certain annuities ; the produce thereof, in the year ended at 
 Chriftmas lafl (exclufive of draw-backs and allowances for 
 damaged goods) was — — — 81746 o a- 
 
 Three-thirds additional tonnage and poundage, granted for four 
 years from the 8th of March-^ '704> '"'^ apphcable to the re- 
 payment of loans and intereft ; the produce thereof may be 
 eilimated to be at lealt — — — — 160000 o o 
 
 Three thoufiind feven hundred pounds a week, to be taken out 
 of the hereditary and temporary Excife on beer, ale, &c. is 
 appropriated for payment of intereft 10 divers bankers, and 
 others, for monies lent by them to King Charles II. redeem- 
 able on payment of a moiety of the principal, and for annuities 
 for feveral terms of years — — — 192400 o © 
 
 Nine-pence per barrel Excife on beer, ale, he. by one adt of 
 Parliament, is to continue till the 17111 IMay, 1713; and by 
 another a£b is granted for a further term of 95 years ; the 
 produce is appropriated, in the firft place, for fatisfying an- 
 nuities on lottery tickets, which will end at Michaelmafs, , 
 17 10, and afterwards to the payment of annuities, by a medir 
 
 dium of the laft three years — — — 164828 o © 
 
 Another nine-pence per barrel Excife, made perpetual for pay- 
 ment of annuities tathe Bank of England,- and other annuities ; 
 this grant, not contairring all the duties given by the aft for 
 the 9^^. laft mentioned, will produce, by a like medium, 155000 o o 
 
 And one other <jd. per barrel for 99 years, from the 25th of 
 January, 1692, is appropriated to payment of diverfe other 
 annuities ; the like, — — — — — 155000 o o 
 
 Duties on low wines and fpirits of the firft extraftion continued 
 till the 24th of June, 1710, are appropriated for re-payment 
 of loans, with intereft; by a medium of laft threC' years, •will 
 make — — — — — 25267 o O" 
 
 Duties on malt, mum, and cyder, have been continued from year 
 
 to year, for feveral years paft, and are computed at 650000. o; o 
 
 Memorandum, in nioft years this Fund proves deficient, 
 
 T-welve ..-
 
 P40 A 1^ P E N D I X. 
 
 Per annum, per annum, 
 
 Twleve-pencc /in buflicl on fait, granted the 5th of Will, and 
 Marv,y, in perpetuity, is appropriated till the firO: of Auguft, 
 17 10, towards payment of debts and incumbrances (exclufive 
 of draw-backs for fait and fifli exported) by the produce of 
 the laft year may be reckoned. — — — 54621 o <» 
 
 Twent3'-eight pence per bulhel on fait, granted the 9th of Will. 
 in perpetuity, towards payment of annuities, after the rate of 
 8 per cent, to the traders to India; by a like computation, 128038 o 9 
 
 Rent of hackney coaches, being 4 1. per annum each, for 700 
 coches, continues for the refidue of a term of 21 years, 
 from Midfummer 1694, is applied .to the fervice of the war, 
 and amounts to — — — — — 2800 o o 
 
 Licences to Hawkers and Pedlars, continued to the 24th June, 
 1710, are appropriated towards paying off loans with intereft, 
 and, by a medium of three years, is — — — 6460 o O 
 
 Stamp duties on vellum, parchment, and paper, part whereof 
 connnues till the firfl; of Augufl, 17 10, and is appropriated 
 for re-payment of loans ; the other part is granted in per- 
 petuity, towards payment of annuities to the traders to India, 
 by a medium of three years (excluding allowances for prompt 
 payment) have produced — — 891 10 o O 
 
 The duties on windows, continued to the ifl: of Auguft, 1710, 
 
 for re-payment of loans and other debts, produce about 112069 o o 
 
 The aid of ^s. in the pound on land, &c. for the prefent year, is 
 afcertained at -^ -— — 
 
 1997 
 
 7b3 
 
 3 
 
 44- 
 
 5002 
 
 '9^ 
 
 i 
 
 4^ 
 
 5691 
 
 809 
 
 3 
 
 4l 
 
 Total of the Incomes and Revenues — 
 
 Memorandum. The revenues of the Firft Fruits and Tenths, by an aft of the 
 ifl of Qticen Anne, were granted for fupport of the Civil Government; but 
 are not computed here, btxaufe they have been fince given in perpetuity 
 for the augmentation of the maintenance of the poor Clergy ; and alfo th 
 money arifing by prizes with the perquifites of Admiralty, which have 
 been both applied to the ufes of the war, are not inferted in this computa- 
 tion, becaufe the faid prizes ceafe wiii the war, and the Lord High Admiral 
 hath relinquilUed his droits of Admiralty for no longer time than the war lafts. 
 
 e
 
 APPENDIX. 
 
 S4t 
 
 N° T X. 
 
 A STATE of the Debts of the Kingdom of England, viz. PHncipal 
 Money, borrowed on the fcveral Funds undermentioned, which re- 
 main at this time unfatisfied, that is to liiy, 
 
 £' 
 
 d. 
 
 Oil three- fourths Cuftoms, granted 3 W. 
 
 and M. — — — 21056 5 i 
 
 Additional impofitions, W. <?««o, — 1 12474 19 log 
 
 Firft 4^. aid, 4 W. and M. — — 17500 o o 
 Second quarterly pole, 5 W. and M. — 34-5^5 13 i 
 Stamp-duties, eocL anno, — — 66949 7 8^ 
 
 Third 4 J. aid, 6 W. and M. — — 53603 7 3 
 Duties on marriages, Sec. eod, anno, — 62516 4 o 
 Fourth 4 J. aid, 7 W. — — 103039 o 8 
 
 Thefe are provided for by an a£l of the 8th W. which con- 
 tinues feveral funds therein mentioned to the ift of Auguft, 
 1706, _ _ _ 
 
 There alfo remains to difcharge the Exchequer bills, iflued 
 by virtue of feveral afts of Parliament (over and above 
 230000/. computed to be due for iniercft) the principal 
 
 To fatisfy loans on the 3 s. in the pound granted 8 W. (over 
 and above 169000 / by computation for intereft), the prin- 
 cipal fum of — — — — 
 
 To fatisfy loans on the duties on paper, vellum, &c. granted 
 for two years, from the firft of March, 1696, 8 Will, 
 befides 6160 /. by computation for intereft, the principal 
 fum of — — — 
 
 To difcharge the malt tickets, iifucd 8 Will, (befides 
 254554/. for fix years interefl) the principal fum of 
 
 To fatisfy loans transferred to the duties on leather, granted 
 8 Will, for three years from 20th April 1697 (befides 
 about 105000/. for intereft) the principal fum of — 
 
 To fatisfy loans on the quarterly j ole, granted 9 W. (be- 
 fides about 73000 /. for intereft, the principal fum of — 
 
 4N 
 
 ^?1 
 
 — 471704 17 "I 
 
 534062 9 t 
 
 423098 18 3 
 
 15400 o • 
 
 579000 o o 
 
 504438 o o 
 
 226770 17 o 
 To
 
 642 APPENDIX. 
 
 To fatisfy loans on the 3 j. in the pound granted loW. 
 
 (befjdes about 5200/. for intereft) the principal fum of 3*271 6 3§ 
 
 To compleat the payment wanting at Michaelmas, 1 701, on 
 
 the yearly fum of 160C00/. intended to be paid by the a£i: 
 
 9 Will, out of certain duties on fait, and ftampt vellum, 
 
 to the traders to India, ■ — 70872 11 i| 
 
 16000 
 
 
 
 
 
 ^2733 
 
 6 
 
 8 
 
 9753 
 
 12 
 
 
 
 42399 
 
 5 
 
 
 
 17384 
 
 9 
 
 7 
 
 Total of the principal fum — 23S4914 2 4I; 
 
 And the feveral computations of intereft at this time, due as 
 
 above-mentioned, amount to — 914 o o 
 
 Thefe are provided for by an a(fl:, I Anne, by continuing 
 feveral funds therein-mentioned to the firft of Augull, 
 1710, . — — — — — 3227828 2 4 
 
 There is further owing on the following fund, viz. on low 
 wines, &c. granted 13 Will, for five years, the principal 
 fum of — — — — — 6674 10 3 
 
 Duties on coals, &c. 2 Anne, for five years from 14, 1703, 235720 4 o 
 
 One-third tonnage and poundage, eod. am, for 3 years — 55^3^ 4 ^ 
 
 Two-thirds ditto, 3 Anne, for 4 years, from 8 March, 1704, 545957 4 o§ 
 
 Low wines, &c. ^oc/. d»«o, until 1710, — 692000 o o 
 
 Thefe are debts on funds not yet expired, and which are 
 
 reckoned fufficient to fatisfy the fame, — — 15355SS 2 9I 
 
 And,^ 
 
 On duties on coals granted 9 W. for 5 years. 
 
 Two 2 s. aid, 1 1 Will. — 
 
 Two-thirds 31. aid, 12 Will. — — 
 
 Six 4J. aid, i Anne. 
 
 Sublidies, or capitation duties, eod. anno, 
 
 The money refling unfatisfied on debentures, 
 Sec. were charged on the Irifli forfeitures,^ 
 about — pdoooo o o 
 
 Thefe are deficiencies not yet provided for by Parliament. 1058270 13 3; 
 
 Other Incumbrances, viz. 
 
 The gd. per barrel Excife, which was granted for 99 years, 
 from the 25th January, 1692, is charged with 124866/. 
 
 jrer
 
 APPENDIX. 
 
 645 
 
 per annum for annuities, for which there was contributed 
 149237Q/. T s. and there being now about 13 years ex- 
 pired, the remainder of the term may be eftimated to be 
 a prefent incumbrance of > — 
 
 The fame gd. per barrel is alfo charged with 7567 /, per ann. 
 for annuities to the Contributors of 108100/. on the ad- 
 Vantage of furvivorfhip till the number of the furvivors be 
 reduced tofeven,and thenthefliareor feventh part of each of 
 them as they die to revert to the Crown : this eftate has an 
 uncertain termination, but may be reckoned equal to a term 
 of thirty years, and fo be an incumbrance of about 
 
 The gd.per barrel Excife, granted in perpetuity, is charged ; 
 to wit, two-feventh parts thereof with looooo/. per ann. 
 to the Bank of Engfind for 1200000, advanced by them: 
 this is redeemable on payment of the faid principal fum, as 
 in the aft is mentioned ■ ■ — 
 
 And the remaining two-fevenths is charged with 15336/. 
 13 J. 6d. per ann. for 176744/. is, gd. contributed for 
 thofe annuities, which were at firfl: purchafed for one life, 
 and afterwards turn'd into eftates certain for 90 years, from 
 25th January, 1702; which, by reafon of the fmall time 
 ^apfed, may ftill be reckoned an incumbrance of — ^ 
 
 And with the fum of 20030/. i s. per ann. for fuch of the 
 contributers of 170917/. 2 j, 0,^. for annuities for two 
 lives as are now in being ; and abating out of the faid con- 
 tribution money fo much as was paid for annuities fiiice 
 fallen, the reft is an incumbrance of — — — 
 
 And alfo with 2093 /. 10 s.^d. per ann. to fuch of the contri- 
 buters of 21235 /. 4J. for annuities for three lives, as are 
 now in being ; and abating out of this contribution fo 
 much as was paid for annuities of 30/. fince fallen, there 
 refts an incumbrance of 
 
 The gd. per barrel Excife, granted for fixteen years, from 
 the 17th May, 1697, is charged with the payment of 
 140000/. per annum, upon tickets commonly called the 
 Million Lot'ery tickets, for the refidue of a term which 
 expires at Michaelmas 1710; and the faid annuity being 
 
 4 N 2 
 
 f.' 
 
 d. 
 
 148455 o o 
 
 — 104149 o * 
 
 1200000 O • 
 
 1 76000 
 
 1 669 r 7 
 
 20935 o 4 
 
 valued,
 
 644 
 
 APPENDIX. 
 
 valued, for the four years and a half yet to come, at a re- 
 bate of 6 per cent, per ann. compound intereft, is worth — 
 
 The 281^. /)^r bufhclon fait, and the additional ftamp-duties, 
 are granted in perpetuity, and charged with the payment 
 of 160000/. per annum to the traders to India, for two 
 millions advanced to the publick, and is redeemable by 
 Parliament upon paying the faid ■ — — — 
 
 The 3700/. a week, payable out of the hereditary and tem- 
 porary Excife, is charged with 39855/. 16s. old. per antu. 
 for bankers and others, who lent 1328526/. to king 
 Charles II. redeemable by Parliament upon payment of 
 a moiety of the faid principal, which is, 
 
 And with 104745/. ic j. 65^. per ann. for 1569664/. 18 s, 
 dd. contributed for annuities for 99 years from Lady-day, 
 
 1704, 
 
 Aad alfo vpith 46000/. per ann. to the contributers of 
 
 690000/. for annuities for 99 years, from Chriftmas, 
 
 1705. 
 
 The one-third fubfidy, from 8 March, 1706, and the gd.per 
 
 barrel Excife (at prefent applicable to the payment of the 
 
 Million Lottery tickets), with an additional fupply, till 
 
 thofe funds come in, are charged with 184242/. 14J. per 
 
 ann. to the contributers of 2855761/. i6s. 2d. for an 
 
 nuities for 99 years, from Lady-day, 1706, — - 
 
 538185 o o- 
 
 2000000 o • 
 
 664263 • • 
 
 1569664 18 6 
 
 690000 o o 
 
 2855761 16 a 
 
 I 1470451 II o 
 
 Total, 17763842 17 3I 
 
 Mevwrandum, That nothing is inferted in this accompt as a debt on any land- 
 tax, or malt duty, which are annual grants, except where any of them have 
 proved deficient. 
 
 Memorandum, There is a claim made by the affignee of the Earl of Kinoul, of. 
 17250/. out of the 4 and a h^lf per cent, on account of arrears on an annuirr- 
 cf iQOo/. incurred before her Majefty's acceffion to the Crown. 
 
 iT
 
 APPENDIX. 
 
 64^ 
 
 N»Ux. 
 
 A STATE of the Publick Revenue of Scotland, as it now island may- 
 amount to. 
 
 The Excife on ale and beer is 2s. flerllng /^r Scotch gallon, 
 and now farmed for 33500/. fterling, and, if exa(fled in 
 the fame manner as in England, may amount to — — 
 
 The Cuftoms have been let at 34.000 /. and are now in time 
 of war let for 28500/. with a condition in the leafe,. 
 that, upon a peace, the Lords of the Treafury may let ai 
 new leafe ; and may amount to — • 
 
 The Crown rents about ■ — 
 
 The cafualty of fuperiorities and compofitions at the Ex- 
 chequer, communibus annis, about 
 
 The Poft-oiBce farmed at 1194/. but, if coUefled, may 
 amount ta -' 
 
 The Impofitions for coinage — 
 
 Land-tax is now 36000 pounds, and, to make it equal with the 
 4 J. per pound in England, it is propofed to be — — 
 
 s. d,. 
 
 50000 o o. 
 
 50000 o tl 
 
 5500 o o 
 
 3:000 o o 
 
 2000 o o 
 
 1500 o o 
 
 48COO o o 
 
 160000 O O 
 
 The debts due to the Army, Civil Lifl, and other charges of 
 
 Covernment, about ^ ■■ ■ ■ — • 160000 
 
 ^*^
 
 APPENDIX. 
 
 N" W X. 
 
 All Account of the Net Annual Produce of the Cuftoms in England, 
 from a Medium of three years ended at Michaelmas, 1705. With 
 the refpedlive Times or Terms for which they have Continu- 
 ance, and the Ufes for which they are feverally appropriated or 
 applied, v'i%. 
 
 Neat Money per Ann. 
 For the Civil Goveniment. ^. s, d, 
 
 Cufloms and fubfidies of tonnage and poundage, granted 
 
 ift Anne, during her Ma.efty's life — 253514 o o 
 
 r 
 
 Several branches, not appropriated to the payment 
 of debts, viz. 
 
 Twenty-five pt-r cent, additional duty on French goods, for the 
 remainder of a terra of 21 years from 28 February, 1696, 
 is applied towards the fervice of the war. — ■■ 10794 o o 
 
 Coinage duties, continues to thefirft of June, 1708, and is ap- 
 propriated to the ufes of the mint. — — — *i%S'^ o o 
 
 Two fourths />£•>• cent, in fpecie from Barbadoes and the lee- 
 ward iflands is perpetual, and applied, purfuant to an Ad- 
 drefs of the Houfe of Commons, towards the fupport of 
 thofe iflands, fubjeft alfo to an annuity of 1000/. per ann. 
 to the heirs and affignees of the Earl of Kinnoul. ^459 o <5 
 
 Plantation duties upon particular commodities carried from 
 one plantation to another 25 Car. 11. made perpetual, not 
 appropriated to any particular ufe. — ■■ 877 o e 
 
 25480 
 
 Thefe undermentioned are appropriated for payment of 
 debts, till firfl Auguft, 1710; though the faid debts 
 charged thereon will by computation be paid offfooner. 
 
 The iubfidy of tonnage and poundage, 
 
 granted 12 Car. II. — — — — 292139 o o 
 
 Impofitious on wines and vinegar, granted 
 
 adjac. II. — — — — — 113918 o o 
 
 6 Impofitions
 
 APPENDIX. 
 
 647 
 
 Impofitlons on tobacco, ditto. — — — 
 
 Impofitions on Eafl; India goods, ditto. — . — 
 
 Additional impofitions on feveral goods and merchandizes, 
 
 4 Will. — ■ — 
 
 Several impofitions and duties on whale finns, and Scotch. 
 
 linen, 9 "Will. — — — — 
 
 Otl^cr appropriated Branches. 
 
 Fifteen per cent, on muflins, &c. granted by feveral former 
 adts, were by an aft, 3 Anne, continued to the 24th of 
 June, 1 7 10, and by that aft doubled, and feveral new 
 duties thereby grained, from P'ebruary 1704, to the faid 
 24th June 1710, and made a fund for borrowing 
 7C0000 /. at an intereft of 6 per cent, per ann.\ and fo much 
 of the faid duties as is under the management of the Com- 
 milTioners of the Cuftoms \vas eftimated in Parliament to 
 amount to about, per annum, — — — 
 
 Two-thirds additional tonnage and poundage, 3 Anne,, for 
 four years, from the 8th March, 1704, are appropriated 
 for re-payment of loans, not exceeding 636957 /. 4J. o|:. 
 with intfteft after the rate of d per cent. p;r annum ; and,, 
 by an adt, 4 Anne, continued towards payment of an- 
 nuities till the 30th September, 1710; by the neareft 
 computation that can yet be made, will produce at leafl: 
 Two-thirds tonnage and poundage granted, 2 Anne, for three 
 years, from 8th iVlarch 1703, and thereby made a fund 
 of credit for 300000 /. at an intereft after the rate of 5 per 
 cent, per annum', afterwards, 4 Anne, continued for 98' 
 years, from the 8ih March 1706, together with 91/. per 
 barrel Excife a,pprapriated towards payment of 184242 /.. 
 \^s. per annum in annuities; a medium of the produce 
 thereof, in the 3 years ended at Michaelmas, 
 
 1705. 
 
 IS 
 
 Totals for the Civil Government . — 
 
 Unappropriated -r- > — 
 
 Appropriated for debts to 24th June,. 
 
 25480 
 
 o 
 o 
 
 o 
 o 
 
 116475 o o 
 
 100338 O O 
 
 150899 o o 
 
 38548 o o 
 
 106219 O O- 
 
 116475 
 
 i6oc?oo o o> 
 
 79619 
 
 9> 
 
 For
 
 648 
 
 APPENDIX. 
 
 £, J. d. 
 
 For other debts, till I ft Auguft, 1 7 10. — 706471 o o 
 
 For ditto, till 30 September, 1 7 10. — 160000 o o 
 
 For 98 years from 8 ch March, 1706. — 7^619 o o 
 
 Total />(?/■ Annum. 1 341 559 o o 
 
 "Duties on.coals, culm, -and cinders, by an aft, i Anne, con- 
 tinued from 14th May 1703, to 15th May 1708, and 
 tliereby charged with 500000 /. and intereft ; by another 
 aft, 4 Anne, connnued to 30th September, 17 10; and ap- 
 propriated towards payment of annuities ; thofe duties are 
 collefted at the Cuflom-houfe, and, by a medium of three 
 years ended at Michaelmas 1705, are -per annum 
 about — — - -. ' ' ~ 
 
 J. i. 
 
 1 1 0958 o 
 
 . 5 
 
 W Xx. 
 
 An Account of the Proportions which the prefent Cuftoms of Scotland 
 do bear to the feveral Branches of that Revenue m England, exclufive 
 of the Increafe that may ar'ife bj the higher Duties, or greater Im- 
 portations, after the Union. 
 
 
 /• 
 
 s. 
 
 d. 
 
 Scotch Cuftoms 
 
 
 
 Englifli Cuftoms — 
 
 'i■l^^iS^ 
 
 
 
 
 
 £' 
 
 s. 
 
 d. 
 
 Proportions 
 
 For the Civil Govern- 
 
 
 
 
 30000 
 
 
 
 ment — — 
 
 2535H 
 
 
 
 
 
 
 
 
 5669 
 
 
 
 Unappropriated as to 
 
 
 
 
 
 
 
 
 
 any debts — 
 
 25480 
 
 
 
 D 
 
 
 
 
 570 
 
 
 
 Appropriated for debts 
 
 
 
 
 
 
 
 
 
 till 24th June, 1 710. 
 
 1 16475 
 
 
 
 — 
 
 2605 
 
 
 
 1 
 
 
 
 Till I ft Auguft, 1710. 
 
 706471 
 
 
 
 — 
 
 15798 
 
 
 
 
 
 
 Till 30th Sept. 1 7 10. 
 
 160000 
 
 
 
 — 
 
 357S 
 
 
 
 > 
 
 23761 
 
 • 
 
 For 89 years, from 8th 
 
 
 
 
 
 
 
 
 
 March, 1706-. — 
 
 79619 
 
 
 
 — 
 
 ■1702 
 
 
 
 J 
 
 300 
 
 
 
 1341559 
 
 
 
 
 
 
 
 
 
 • 
 
 
 
 
 
 
 
 Aa
 
 APPENDIX. 649 
 
 An Account of the neat annual Produce oftheExcife onBeer and Ale in 
 England, from a Medium of three Years, ending at Michaelmas 
 1705, with the refpe£tlve Tlmeo or Terms for which the feveral 
 Branches thereof have continuance, and the uies to which they are 
 feverally appropriated, or applied, viz. 
 
 For the Civil Government, 
 
 s. d.. 
 
 Two {hillings and 6d. per barrel on beer, ale, &c. i^d. 
 whereof is to continue during her Majefty's life, and the 
 other 15 i. is hereditary -, thefe during her Majefty's life 
 are appropriated towards defraying the charge of the Civil 
 Government, after a deduflion of 3700/. a weei<, ap- , 
 
 propriated thereout for payment of annuities ; and, by a 
 medium of three years ended at Michaelmas 1705, the 
 neat produce into the Exchequer over and above the faid 
 3700/. a week will be — ■ — 269837 o o 
 
 For Annuities and other public Debts. 
 
 Three thoufand feven hundred pounds a week, to be taken 
 
 out of the hereditary and temporary Excife, during her 
 
 Majefty's life, and afterwards out of the hereditary part 
 
 for ever, is appropriated for payment of — — 
 
 j^, 39855. 16^. oi d. per arm. to bankers and others, for in- 
 
 tereft; after the rate of 3/. percent, for 1328526/. lent 
 
 to K. Charles II. redeemable on payment of a moiety of 
 
 the faid principal, being 664263 /. and for payment of 
 £. lo^y^z. 10s. 6 J. per ann. for 99 years, from Lady-day 
 
 1704, for 1569664/. 18/. ^ d. contributed for annuities. 
 £'./\.6ooo. per ann, for 99 years, from Chriftmas 1705, for 
 
 690000/. purchafe money, contributed for annuities. 
 jT. 190598 6s. yd. and the reft for charges in paying the faid 
 
 annuities. In all ■ — 192400 o o 
 
 Nine-pence per barrel Excife, granted 4 W. for 99 years, 
 
 from 25 January 1692, is charged with 124866/. per ami, 
 
 for annuities, for which there was contributed 1492^79/. 
 
 4 ^ 7 ^«'
 
 6s« APPENDIX. 
 
 £* s. d. 
 
 7 /. and wlib 7567/. per annum, for 108 100/. advanced 
 for annuities on the advantage of furvivorftiip, by a me- 
 dium of the neat produce into the Exchequer, in the faid 
 three years, is — — — — 150106 o o 
 
 Another 9^. per barrel, 5 Will, made perpetual, is appropri- 
 ated as follows, viz. 
 
 Five-fevenths thereof for payment of looooo/. per annum 
 to the Bank of England for 1200000 /. advanced by them, 
 which is redeemable on paying the principal fum, as ia 
 the faid aft is mentioned. And, 
 
 Two-fevenths with 15336/. 3;. 6d.per annum, for 176744/. 
 I s. gd. contributed for annuities, which were at firll pur- 
 chafed for fingle lives, and afterwards turned icto. eftates 
 certain for 89 years, from 25th January 1702. 
 
 And alfo, with 230/. i s. per annum, for 170917 /. 2j. 31/. 
 advanced for annuity for two lives. 
 
 And alfo with 2093 /. \os. 4c/. per annum, for 2 1235 /. 4^. 
 contributed for annuities for three lives, the produce of 
 the 9^/. by a medium of the faid three years,- is — 1500^4 o 
 
 And one other 9 c/. per barrel for .16. years, from 17 May, 
 continued, 4 Anne, from 17th May, i7i3,for 95 years, 
 is appropriated for paying 1^,0000 I. per annum, on MilliQn 
 Lottery tickets, for the remainder of a term of 16 years, 
 %hich will end at Michaelmas, 17.10, and afterwards to- 
 wards paying annuities, amounting to 184242/. i^s. per 
 «■«». purchafed for g^ years, from Lady-day 1706. The 
 neat produce of this g d. (which contains fome additional 
 duties on brandy, &c. not granted by the two former afts), 
 from a medium of the faid three years, is — ■ — . — 155*898 .e 
 
 jLow wines and fpirjis of the firft extraftion, continued by 
 an aft, 4 Anne, from i^th March 1706, to 24th June 
 1710, are apprcipriated towards re-ppyment of 700000/. 
 authorized so be borrowed, as well upon credit of thefe 
 duries, as upon an additional duty of 15/. per cent, on 
 _my{lins., &c. The nctt produce hereof, by a like me- 
 ,dium, is -^ .— — — — 25267 o o 
 
 Total 6 777')5 o 
 
 Out
 
 APPENDIX. 651 
 
 Out of which to be deduiHed Co much as by the aforegoing 
 neat produce will be more than fufficient to pay the above- 
 mentioned Annuities, viz. 
 
 A fuperplus of the 9 c!. per Barrel, for 
 the remainder of 99 years from 23ih 
 Jan. 1692, — 17673 00 
 
 A fuperplus of the 9 d. for the Bank 
 
 and others, ■ ' 12634 o o : •..; 
 
 A fuperplus of the Lottery 9 d, continued 
 for Annuities with the \ d fubfidy of 
 tonnage and poundage, — — 55^74 6 a 
 
 All which are unappropriated, and amount to 85581 6 o 
 
 And then the Total of the feveral Branches of Excife ap- 
 propriated for payment of Debts is /^r <7««. ■■ 592J83 14 o 
 
 N° Y X. 
 
 An Account of the Proportions which the prefent Excife upon Liquors 
 in Scotland doth bear to the feveral Branches of that Revenue in Eng- 
 land, exclufive of the Encreafe that may arife by the higher Duties, 
 or greater Confumption after the Union. 
 
 Scoteh Excife per Atin, 
 £, s. d. £. s. d, 
 
 Englifli Excife _/>^r (?««. 947602 00— 33500 o Proportions 
 
 ' r- s, d. 
 
 For the Civil Govern- 
 ment — — 269837 o o ■» 9539 o 
 Superplufages unap- 
 propriated — — 85581 6 o 3025 o o 
 
 4- O %■ Approi
 
 55« 
 
 APPENDIX. 
 
 Appropriated for Debts, 
 
 Lt s, d. 
 
 £. 3700 a week for 
 
 payment of Annui- 
 ties for 99 years, and 
 in perpetuity re- 
 deemable by Parli- 
 ament, ' 
 
 Nine-pence f'cr Barrel 
 for the remainder of 
 99 years from 25 
 Jan. 1692, . ■ 
 
 Nine-pence per Barrel 
 for the Bank, &c. 
 
 Nine-pence per Barrel 
 for payment of Lot- 
 tery Tickets, and af- 
 terwards for Annui- 
 ties, — — 104623 00— 14569 o o 
 
 Low wines till 24 June 
 
 1710, — — 25267 00 — 893 o o 
 
 s. et. 
 
 192400 GO 6802 O 9 
 
 132433 00— 4^82 O 
 
 137460 00— 48^1 D O — 20936 O Q 
 
 947602 O O 
 
 33500 O O 
 
 N° Z X. 
 
 If the Cuftoms of Scotland, now lett at £ 30000 f>er annum, accord- 
 ing to the Stating of the E(^uivalent, does contribute annually, 
 viz. 
 
 Towards Payment of the Debts of England 
 Civil Lift 
 
 The general Expence or Charge of the Nation 
 
 23761 o o 
 
 5669 o o 
 
 570 o o 
 
 30000 o o 
 
 Every
 
 APPENDIX. (S3 
 
 Every looo/. Encreafe on thefaid Cuftoms will contribute to the aforefuid 
 
 Services, viz. 
 
 Towards Payment of the Debts of England 792 o o 
 
 Civil" Lift ■ 189 GO 
 
 The General Expence or Charge of the Nation 19 00 
 
 loco o o 
 
 If the Excife of Scotland now lett at 33500 /. per Ann. according to the 
 Stating of the Equivalent, does contribute annually, viz. 
 
 Towards Payment of the Debts of England ■ 20936 o o 
 
 Civil Lift — 9539 o o 
 
 The general Expence or Charge of the Nation 3025 o o 
 
 33500 o o 
 
 Every 1000 /. Encreafe on the faid Excife will contribute to the aforefald Ser- 
 vices, viz. 
 
 Towards Payment of the Debts of England — — 625 o o 
 
 Civil Lift 285 o o 
 
 The general Expence or Charge of the Nation 90 o d 
 
 1000 o o 
 
 In purfuance of the Order of the Lords Commiffioners of both Kingdoms, oa 
 the 22d inftant, for figning the books of Journals, the Hime are accordingly figned 
 this 25th day of July, 1706, by us, .^, 
 
 DAS^ID NAiPxN. 
 GEO. DUDDLNGTON. 
 
 N'
 
 €54 APPENDIX. 
 
 N' A. X X. i 
 
 OVERTURE 
 
 Concerning the Debts of the Afjican and Indian Company. 
 
 ORDERED, That the Diredlors of the African Company, fhall betwixt 
 and the day of next, 
 
 frame and ftate a particular accompt of all the monies advanced by the Proprie- 
 tors of the faid Company, with the Annual Rents of the feanien, from the re- 
 fped^ive terms of payment to the firft of May next; which accompt fliall^beaf 
 the names and defignations of the feveral Proprietors, and the place and page of 
 the book or books out of which the fame is extradted. 
 
 As alfo, That the faid Accompt (hall bear all the Transfers that have been 
 made, and marked in the Company's books, by any of the Proprietors, with the 
 names and defignations of the Affignees ; and mark alfo the book and page out of 
 which thefe are extracted. 
 
 Ordered; That the faid Direflors fliall alfo frame and flate a particular Ac- 
 tompt of the Debts due by the faid Company, with the Annual Rents thereof 
 (where the debts bear annual rent), that (hall be refting at the firfl day of May 
 next ; which Accompts fliall bear the names and defignations of the Creditors^ 
 and the books and pages out of which they are extradled. 
 
 Ordered, That the DIreftors of the faid Company do alfo make an inventory 
 of the books belonging to the faid Company, containing the titles and numbers 
 of the faid book, and alfo an account of all the efFeds belonging to the faid- 
 Company. 
 
 Ordered, That the faid Accompts, and Inventory of Books and Effe<f^s above- 
 mentioned, being fubfcribed by the Prefes of a Quorum of the Direffors, and 
 the Secretary or Clerk to the faid Company, (hall be delivered in to the Lord 
 Clerk Regifler, to lie in the Records j and that the faid Lord Clerk Regifter fliall 
 be obliged to give all the Proprietors and Creditors to the faid Company, men- 
 tioned in the faid Accompts, their Affignees, and others having Right from 
 thci.o, Extrafts fubfcribed by him, or Deputs appointed by him for that effcift, cf 
 the feveral fliares of Stock and Intereft, and Debts flated in the faid Accompt, 
 and that gratis. 
 
 Ordered, That there be a Warrant granted by the Parliament for fummar 
 Diligence, by Horning and Caption, againfl; the DireiS^ors of the faid Company, 
 
 for
 
 APPENDIX. 655 
 
 for framing, ftating, and giving in the faid Accompts, and Inventory of books 
 and effefts fubfcribed as above-mentioned. 
 
 Ordered, That the Books and Vouchers of the Company be exhibited to 
 the Commiffioners to be named by her Majefly, for difpofinfr of the Equivalenf, 
 or any appointed by them, as oft as they fhall fo require. And that the 
 Clerks and all Havers of the faid Books and Vouchers may be called fummarly by 
 the faid Commiflioners for exhibition before themfelves ; and if need be. Let- 
 ters of Horning be direiTi: upon their Warrant for that elFc<^ : and, alfo, that the 
 Lord Clerk Regifter, and the faid Commiffioners, or any by them appointed, 
 fliall not only have free accefs to infpeiH:, but liberty to copy thefe Books, or 
 any part thereof, as they fhall think fit, to the end that the faid Accompts, 
 and Inventories of goods and books, may be compared with the faid Books. 
 
 Ordered, That the fum to which the faid Accompts of Stock and Debts, with 
 their Annual Rents, fliull ann^unt, not exceeding the fum of twj hundred 
 forty three thoufand one hundred fixty-fix pounds, three (hillings, fter- 
 ling, (hall be, by the Commiflioners to be named by her Majefty for applying 
 of the Equivalent, conform to the Articles of the Union, configned in the hands 
 of a Cafli-keeper, one or more, to be nained by her Majeily for that effeft, to 
 be diftribured to the fever.il Proprietors, Creditors to the Company, and others 
 having right from them, according to their refpeftive (hares dated in the faid 
 Accompts and Books to which they relate. 
 
 Ordered, That the fiid Cah-keepers, one or more, to be named in man- 
 ner forefaid, fhall find caution, at the light of the Commiffioners to be named by 
 her Majefty, for applying of the Equivalent in the terms, and to the effe^i:, the 
 Cafh-keepers of the African Company formerly did find caution. 
 
 Ordered. That how foon the faid Commiffioners for difpofing the Equivalent 
 fhall receive the fum of 598085/. 10 j. which is to be payed to Scotland by the 
 15th Article of the Treaty of Union of the Kingdoms of Scotland ai\d England, 
 or fo much thereof as may anfwer to the damnage that private perfons may fuf- 
 tain by rectifying the Coin of this Kingdom, and to the fum to which the 
 Capital Stock, Debts of the faid Compaiiy, and Interelt thereof, (liall amount 
 to, conform to the faid Accompts ; that then the fiid Comtniffioners fhall be 
 obliged, and are hereby flriiSlly required, torthwith and without delay, to con- 
 fign the faid fum, principal and intereft, contained in the faid Accompts, in 
 the hands of the Cafli- keepers, one or more, to be appointed as above. 
 
 Ordered, That, in cafe the faid Commiffioners for difpofing the Equivalent 
 
 iliall delay or poftpone to confign as above appointed, lummar diligence fhall be 
 
 allowed againft the faid haill Commiffioners, infolidum, by tlorning and Caption, 
 
 ■ 6 whereof
 
 ^56 APPENDIX. 
 
 whereof no fufpenfion (hall pafs by any Judge or Judicatory, but upon con- 
 fignation or performance as aforefaid. 
 
 Ordered, That the faid diligence fliall be railed and execute againfl the faid 
 Commiffioners, at the inftance of any perfon to be named between and the faid 
 day, by the Council and Direflors of the faid Company. 
 
 Ordered, That how foon the faid fum of 398083 /. 10 s. flerling, mentioned 
 in the forefaid Article of the Treaty, fliaii be paid in to the Commiffioners, or 
 fo much thereof as will be needful for repairing the lofs in reducing the Coin of 
 .this King'dom to the flandart of England, and refounding the faid Capital Stock 
 Debts, and Annual Rents, to the faid Company, conform to the above Accompt,, 
 that immediately thereafter a Proclamation of Council be iffued intimating the 
 fame. 
 
 Refolved, That the faid Cafh-keeper, one or more, their receipt or difcharge 
 of the faid Sums contained in the faid Accompts, fhall be a fufficient exonera- 
 tion to the Commiffioners for difpofing of the Equivalent. And that the faid 
 difcharge be by the faid Commiffioners, immediately after the fame is granted,, 
 given in to be regiftrate in the Books of Council and Seffion ; and that an ex- 
 traft of the faid difcharge be forthwith prefented by the faid Commiffioners to 
 the Privy Council ; and that thereupon the Privy Council fhall immediately iffue 
 a Proclamation, to be publiflied at the Head-burghs of the feveral Shires, inti- 
 mating that the faid fums are configned in the faid Cafli-keepers hands. 
 
 Ordered, That after the forefaid money (hall be paid in 10 the faid Cafliier, 
 to be diftributed and paid in manner forefaid, that the whole Books of the Com- 
 pany according to the Inventory appointed to be made in manner above-mention- 
 ed, fliall be delivered to the Lord Clerk Regifter, to lie in the Records, and to 
 be made patent to the faid Commiffioners to be named by her Majefty, for dif- 
 pofing of the Equivalent, and all others having Intcreft. 
 
 Ordered, That, after the faid Proclamation, the Cafhiers, one or more, fliall 
 be bound, and arc hereby llriftly ordered and required, to make ready and ef- 
 fectual payment, without abatement, to the Proprietors and Creditors of the faid 
 Company, their Affignees, and others having Right from them, of their refpec- 
 rive Stocks and Debts, and Intereft of the fame, as contained in the Accompts 
 aboTC-mentioned, or Extracts thereof upon valid Difcharges, bearing abfolute 
 Warrandice. 
 
 Ordered, In cafe the faid Caffiier or Cafhiers (hall delay making due and 
 ready payment to the faid Proprietors and Creditors above-mentioned of their 
 refpeflivc fliares, then the faid Proprietors or Creditors, and others deriving Right 
 from them, fliall, upon an Extract of a particle of the faid Accompts in fo far as 
 eoncern the faid particular Proprietors or Creditor, or upon the Receipts for- 
 merly
 
 APPENDIX. 6s7 
 
 merly granted by the Cafliiers of the faid Company, have Letters of Horninf», and 
 all other execution as is allowed upon Foreign Bills of Exchange, againfl: the faid 
 Cafhieror Cafliiers, and his or their cautioner. 
 
 Ordered, That the faid Cafhier or Cafhiers fliJiU keep an exaft Accompt of 
 all the payments they make, and infert the fame in a book for that effefl, all the 
 particular receipts and difcharges which they (liall get from the Proprietors and 
 Creditor-i, or others forefaid. 
 
 Ordered, That for preventin.j> frauds and abufes, that none of the CommifTion- 
 crs of the Equivalent, or the Culhier or Cafliiers aforefaid, fliall, by themfclves, 
 or others in their name, or to ttteir behoof, make any bargain or tranfaftion for 
 any (hare of the (did Capital Stock or hui-refl:, direftly or indiredtly, and that 
 under the pain of ufury and infamy. 
 
 Ordered, That the Debts due to the Af ican, 8cc. Company, by the Proprie- 
 tors, on account of the moieties called for and not paid in, or on account of 
 their fubfcription-money, be dift barged. 
 
 Ordered, Thar the efFe<5^s belonging to the Company, to be contained in the 
 forefaid Inventory, upon paying in the forefaid fum anfwerable to the Capital 
 Sum advanced by the Proprietors of the African Company, and to the Debts 
 due by the faid Company, and to the lutereft of the faid Capital Stock and 
 Debts, conform to the Accompts appointed to be made of the fame to the 
 Cafhier to be named for that effeft, in manner above-written, fhall belong to her 
 Majefty, and be applied, by the forefaid Coramiffioners of the Equivalent, to the 
 fame ufes to which the other Sums to be paid to Scotland, conform to the fore- 
 faid 15th Article, are appointed to be applied. 
 
 Refolved, That an Aft be brought in, vvarranding and appointing diligence 
 to pafs in the terms of the above orders, againfl the Commiilioners of the 
 Equivalent, and the Cafhiers aforefaid ; as alfo prohibiting and difcharging the 
 faid Commiffioners or Cafhiers to make any bargain or tranfadtion for any part 
 of the Capital Stock or Interelt of the faid Sum as above-mentioned. 
 
 4P N-
 
 658 APPENDIX. 
 
 N° B X X. 
 
 A PROCLAMATION 
 
 Agalnft all Tumultuary and Irregular Meetings and Convocations of the 
 
 Liedges. 
 
 ANNE, by the grace of God, Queen of Great Britain, France, and Ire- 
 land, Defender of the Faith : To Our Lyon King at Arms, and his Bre- 
 thren, Heraulds, Purfevants, Macers, and IVTefiengers at Arms, Our Sheriffs in 
 that part, conjunftly and feverally, fpecialiy conftitute, greeting : Forafmuch 
 as, alLeit the raifing of Tumults, and making Convocations within Burgh, and 
 the Riotous and Diforderly AfTembling and continuing in Arms, thereby infulting 
 the Magiflrates, and hindering them in the Execution of their Office, and hin- 
 dering of the Common Law, be contrary to fundry Laws and A&s of ParHament, 
 as well as deftruftivc of the ends of Government, and particularly to Pari. 14. 
 cap. 77. Ja. 2. Jj. 4. Pari. 3. chap. 34. Ja. 6. Pari. 18. chap. 17. As alfo 
 the rifing in arm-, convocanng our Liedges in the open fields, and marching 
 in formed bodies armed through the country, and entering into our Royal 
 Burghs, boden in Pier of Weir, and entering into bonds, leagues, and 
 affociatioRS, for profecuting illegal and uuwarrantable ends, be, by feveral 
 Laws and Afts of Parliament, declared to be open and manifeft Treafon, and the 
 Committers, Abettors, and Afliftrnts in fuch Crimes and Pra6iices, ought to be 
 prbfecuted, and may be puniflied as Traitors to her Majefly and her Govern- 
 ment •, and particularly by Pari. 2. ja. iff. chap. 37. Ja. 2. Pari. 6. chap. 14. 
 Ja. 6, Pari. 12. chap. 144. Cha. 2. Pari. ift. Seff.on ift. chap. 3. Yet, ne- 
 venhelefs,' We, and our Eflates of Parliament, are certainly informed, that in 
 feveral corners'of the Realm, and particularly in our Bingh of Glafgow, and 
 other places within the SheritTdom of Lanerk, and in our Burgh of Dumfries, and 
 other places adjicent, people have prefumcd, in manifefl: contempt of the fore- 
 faid I.a'AS, to affeaible themfelves in open defiance of our GovernniL-nt, and with 
 manifcft defign to overturn the faine, by infulting the IMagiftrates, attacking and 
 affaulting the houfcs of our peaceable fubje(f\s, continuing openly in arms, and 
 marching in formed bodies through the country, and into our Burghs, and infolently 
 burning, in the face of the fun, and prefence of the Magiflrates, the Articles of 
 Treaty, betwixt our two Kingdoms, entered into by the authority of Parliament,. 
 and even after the faid Articles had been prefented to Us, and were under 
 the conlideration of Us and our Eftatcs, prefently fitting in Parliament, and fome 
 
 progrefa
 
 A P P E N D- I X.'. 65$ 
 
 progrefs made th-ereupon ; and fuch crimes and iiifolencies being no ways fo be 
 tolerated in any well-governed nation -, but, on the contrary, ought to be con- 
 dignly punilhed conform to the Laws above-mentioned, and other A61s of Par- 
 liament made thereanent, efpecially if perfifted and continued in after our dif- 
 pleafure therewith fliall be made known : Therefore, VVc, with advice and con- 
 fent of the Eftates of Parliament, peremptorily require and command all and 
 every perfon, who have aflembled themfelves in manner above-mentioned, to lay 
 down their faid arms, and dilperfe themfelves, and peaceably and quietly to re 
 tire, and betake themfelves to their feveral habitations and employments ; and 
 We, with advice forelaicl, prohibit and difcharge any alTembling or convocating 
 in arms in manner forefiid, under the pains contained in the Afts of Parliament 
 above-mentioned, certifing all th.it (liall be guilty, aftors, abettors, or affiRants, 
 in convocating or afTembling in ; rms, or thofe who fliall convocate and commit 
 thefe praftices above-mentioned, fhall be treated and purfued as open traitors, 
 and the pains of Trea(on execute upon them accordingly : And in cafe any of 
 our people fliall dare to be lo prefumptuous, after publication of the premifTes, 
 to aflfemble or ronrinue in arms; We hereby requn-e and command the Sheriffs 
 of our fevend Sliires, Stewarts of Stewartries, Bailiies of Piegallities and Ba- 
 ronies, Magiftrares of Burghs, and other Officers of our Law, Officers of our 
 Forces and Troops under their command, to pafs upon, difperfe, and fubdue the 
 faid convocation, by open force, and all manner of violence, as enemies and 
 open rebels to us and our Government : And in cafe any flaughter, blood, bruifes, 
 or mutilation fliall happen to be done and committed by our faid Sheriffs, and 
 Officers of our Forces, and other Magiflrates forefaid, or perfons under their 
 command j We, with advice forcfaid, do hereby fully remit, pardon, and indemnify 
 the fame, and difcharge the profecution thereof civilly or criminally in all time 
 coming. Our will is therefore, and we charge you, that ye pafs to the Mercat- 
 crofs of Edinburgh, and the Mercat-croffes of Dumfries, Lanerk, and Glaf- 
 gow, and other places needf. 1, and there make publication hereof, by open 
 Proclamation of the premiifes, that none pretend ignorance : And ord.ilns thefe 
 prefents to be printed, and our Solicitors to fend Copies hereof to the Magif- 
 trates of the refpeftive Burghs above mentioned, for that effeft. Extraded forth 
 ©f the Records of Parliament, by 
 
 JA. MURRAY, Cls. Reg. 
 God Save the Queen. 
 
 4 P 2 N»
 
 46o APPENDIX, 
 
 N° C X X. ' 
 
 MEMORANDUM 
 
 For the Honourable Eftates of Parliament. 
 
 PRIMO, it is humbly intreated, that In cafe the Union be concluded, that, for' 
 preferving the peace of the Nation, and redreffing of grievances of the 
 Church, the Privy Council may be continued, or fome Court eftablifhed for 
 judging in fuch cafes as were formerly judged by the Council, and this Church 
 may correfpond with them for Falls and Thankfgivings. Sccundo, The interefts ■ 
 of diverfe Heretors, as well as the exigents of the Church, will require, that 
 there be fome fixed Court to do the work of the Commiffion for Plantation of 
 Kirks, and Valuation of Teinds, which is the more necelfary, in refpeift of the 
 great prejudice the Church has fuftained for want thereof; and that this Court 
 be impowered to make up the Regifters of the Commiilions of former Parlia- 
 ments that were burnt in the great fire in Edinburgh. Teiiio, Seemgihe terms 
 of an oath fhould be clear, that it may be taken in truth, in righteoufnefs, and 
 judgmentj it is defired, that, if the Englifh Abjuration Oath' be required of 
 Scots-men, the words may be made plain and clear, without reference to Eng- 
 lifh Statutes, which are not known here ; and that what the taker of the faid 
 Oath is to be obliged to, be exprefsly infert in the faid Oath, and that the fame 
 be agreeable to our known principles, ^larto, Seeing, upon the event of an 
 Union, there ought to be a Communication of all Privileges and Advantages 
 which do or may belong to the fubjetts of either Kingdom -, it is intreated, that 
 due provifion be made, that, in cafe of any Union, Scots-men may be capable of 
 places of Power and Truft in all places of Britain, without any obligation to take 
 the Engl i(h Sacramental Teft ; for that, befides what may be faid of the danger 
 that way, to prophane that holy Ordinance, it may prove a temptation to divers 
 to conform, who otherways would not do it, and this way, by degrees, bring in 
 corruption to this Church, ^linio, Seeing the Ecclefiaflical Supremacy, claime4 
 fome time by the Sovereigns in this Land, was fuch an encroachment on the pre- 
 rogative of our Lord Jefus Chrid, the alone Head and King of his Church, and 
 had fuch fad confequences, and is now fo happily rcfcinded : it is humbly in- 
 treated, that all pollible fecurity be provided agaiuft the re-alTuming of it ia 
 after-time. 
 
 6, N^
 
 ^n-" APPENDIX. 661 
 
 N' D X X. 
 
 Ad againfl all Mufters and Rendezvouzes during the prefent Sefllon of 
 
 Parliament. 
 
 Novemb. 30, 1706,. 
 
 OUR Sovereign Lady, confidering, that by the 3d aft of the 2d feffion of 
 this Paiiiamentj intituled, " Aft for Security of the Kinp,don)," it is flatute 
 and enafted, that the whole Proteftant Heretors, and all the Burghs within the 
 fame, (hall forthwith provide themfelves with Fire-arms for all the Fcacible- 
 men, who are Proteftaiits, within their refpeftive Bounds ; and the faid Heretors 
 and Burghs are thereby empowered and ordained, to difcipline and exercifc theif 
 Fencible-men once in the month at leaft; and a!(o confidering that the diforderly 
 and feditious meetings and tumults, in fome places in the country, dp make it 
 neceflary at this occafion to fufpend the effeft of the forefaid claufe, during this 
 Seffion of Parliament, allennarly : Therefore, her Majefty, with advice and 
 confent of the. Eftates of Parliament, doth hereby fufpend' the effeft of the 
 forefaid claufe, and that during this Seffion of Parliarpept allennarly. And fur- 
 ther, her Majefty, with advice and confent forefaid, difeharges and flriftly pro- 
 hibits the fubjefts of this Kingdom to meet and aflemble together in arms, after 
 the publication hereof, upon any pretence whatfoever, during the Ipace foreDid, 
 without her Majefty's fpecial command, or exprefs licence had or ob'iained 
 thereto : And requires and commands all the fubjefts of this Kingdom to retire 
 to their own habitations and lawful employments ; certifying fuch as fliail do in 
 the contrary, that they {hall be liable to the pains of High Treafon, conform to the 
 Laws and Afts of Parliament made againft unlawful convocations and rifing in arras*- 
 
 N«
 
 $$3, 
 
 APPENDIX, 
 
 N'^ F X X. 
 
 IN the Parliament, Monday 4th November 1706, a Vote was ftated 
 in thir Terms : Approve of the Firft Article of Union in the Terms 
 of the Motion mentioned in the preceeding days Minutes, viz. that, if 
 the other Articles of Union be not adjufted by the Parliament, then the 
 agreeing to and approving of the Firft fhall be of no efFeft ; and that, 
 immediately after the faid Firfl: Article, the Parliament will proceed to 
 an A<£1 for the Security of the Dodtrine, Difclpline, WorQiip, and Go- 
 vernment of the Church, as now by Law eflablilhed within this King- 
 dom ; and it carried Approve, in the Terms of the above Motion ; and 
 the Lift of the Members as they voted Pro and Con (ordered to be 
 printed) is as follows. 
 
 A PP R 
 
 OVERS 
 
 of 
 
 the 
 
 Nobility. 
 
 The Lord Chancellor, 
 
 Dalhoufie 
 
 
 
 Vifcounts. 
 
 Marq of Montrofe, P. S. C. 
 
 Leven 
 
 
 
 Diiplia 
 Garnock. 
 
 Duke of Argyle 
 
 Noithefque 
 
 
 
 Marquefs of Tweddale 
 
 Bellcarras 
 
 
 
 
 Marqutfs of Lothian^. 
 
 Forfar 
 Kilmarnock 
 
 
 
 Lords. 
 
 Earls- 
 
 Kintore 
 
 
 
 Forbes 
 
 Mar, Sec. 
 
 Dun more 
 
 
 
 Elphingftoun 
 
 Lowdoun, Sec. 
 
 Marchmont 
 
 
 
 Rofs 
 
 Crawford 
 
 Hyndfoord 
 
 
 
 Torpichen 
 
 Sutherland 
 
 Cromarty 
 
 
 
 Frazer 
 
 RothL-s 
 
 Stair 
 
 
 
 BanfF 
 
 Mortoun 
 
 Rofeberry 
 
 
 
 Elibank 
 
 EglingtoLin 
 
 Glafgow, Ther. Dept. 
 
 Dutlus 
 
 Roxburgh 
 
 Hoptoun 
 
 
 
 Rollo 
 
 Haddingtoun 
 
 Deloraia 
 
 
 
 Lord Regifler 
 
 Galloway 
 
 Ulay. 
 
 
 
 Lord JulHce Clerk. 
 
 Weymes 
 
 
 
 
 
 Of
 
 APPENDIX. ^ 
 
 653 
 
 Of the Barrens. 
 
 Sir Robert DIckfon of Inverafk 
 
 William Nifoit of Dirletoun 
 
 Jo. Cockburn, younger, of Ormiftoun 
 
 Sir John Swintoun of that Ilk 
 
 Sir Alexander Campbel of Cefnock 
 
 Sir William Ker of Greenhead 
 
 Archibald Douglafs of Cavers 
 
 Mr. Will. Steuari of Caflle-flewart 
 
 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 
 
 William Bennet of Grubbet 
 
 Mr. John Murray of Bowhill 
 
 Mr. John Pringle of Haining 
 
 Will. Morifon of Preflouragrange 
 
 George Baillie of Jervifwood 
 
 Sir John Johnftoun of Wefterhall 
 
 William Douglafs of Dornock 
 
 Sir Kenneth Mackenzie 
 
 Mr. iEneas Mackleod of Catboll 
 
 Mr. John Campbell of Mammore 
 
 Sir James Campbell of Auch.nbreck 
 
 Ja. Campbell, younger, of Ardkinglaft 
 
 Sir William Anflriuher of that Ilk 
 
 James Halyburton of Pitcurr 
 
 Alexander Abercrombie of Glaflbch 
 
 William Maxwell of Cardinefs 
 
 Mr. Ja.Dumbar, younger, of Hemprigs 
 
 John Bruce of Kinrofs. 
 
 Of the Burrows. 
 
 Sir Patrick Johnftoun 
 
 John Scrymfour 
 
 Lieutenant Coll. Jo. Areikin 
 
 John Muir 
 
 James Scot 
 
 Patrick Bruce 
 
 Sir John Arefkine 
 
 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 Rofs 
 
 Sir Hugh Dalrymple 
 
 Mr. Patrick Ogilvie 
 
 George Allerdice 
 
 William Alvis 
 
 Mr. Roderick Mackenzie 
 
 John Urquhart 
 
 Srr James Steuart 
 
 Daniel Campbell . 
 
 Sk
 
 664 
 
 appendix; 
 
 Sir Robert Forbes 
 Mr. Robert Douglafs 
 Mr. Alexander Maidand 
 
 Duke of Hamilton 
 Duke of Athole 
 Marquefs of Annandale. 
 
 Earls, 
 
 Errol 
 
 Marifchal 
 
 Buchan 
 
 Gli^ncairn 
 
 Wigtoun 
 
 Strath more 
 
 Selkrig 
 
 Kincardin, 
 
 Mr. Gecrge Dalrymple 
 Mr. Charles Campbell. 
 
 Sic Sub/cribitur, Seafield, Chancellor. I. P. D. .P. 
 Noes of the Mobility. 
 
 Vi/couniSt 
 
 Stormount 
 KiUyth. 
 
 Lords, 
 
 'Semple 
 
 Oliphant 
 
 Balmerino 
 
 .Biantyie 
 
 Bargany 
 
 Beilhaven 
 
 Colvil 
 
 Kinnaird. 
 
 Of the Barons. 
 
 George Locbart of Carnwath 
 ■Sir James Foulis of Colingtoun 
 Sir Patrick Home of Rentoun 
 Sir Gilbert Eliot of Minto 
 William Baillie of Lamingroun 
 John Sinclair, younger, of Stevenfon 
 John Sharp of Hoddam 
 Mr. Alexander Fergufon of Ifle 
 Jo. Brifiane, voun?er, of Biflioptoun 
 Mr. Will Cuchran of Kilmaronock 
 Sir Humphrey Colquhoun of Lufs 
 Sir John Houflon of that Ilk 
 John Grahame f>f Killairn 
 James Graharae ol liucklyvie 
 
 T^iomas Sharp of Houfloun 
 
 Sir Patrick IMurray of Auchtertjrte 
 
 John Murray of Strowan 
 
 Andrew Fletcher of SaUoun 
 
 Sir Robert Sinclair of Longformacus 
 
 Sir David Ramlay ot Baimain 
 
 Alexander Gordon of Pitlurg 
 
 James More of Stoniewood 
 
 John Fomes of ''olloden 
 
 David Bethune of Balfour 
 
 Mr. Thomas Hope of Kankeilor 
 
 Mr. Patrick Lyon ot Auchterhoufe 
 
 Mr. James Carn^igic of Pinhaven 
 
 David Grahame, younger, of Fintrie 
 
 James
 
 APPENDIX. 
 
 ^65 
 
 James Ogilvie, younger, of Boyti 
 Alexander Mackgie of Palgoun 
 Sir Henry Innes, younger, of that Ilk 
 
 Alexander Douglafs of EaglefhaW 
 Mr. George Mackenzie of Inchoulter. 
 
 Of the Burrows. 
 
 Robert Tnglis 
 Alexander Robertfon 
 Walter Stewart 
 Alexander Watfon 
 Hugh Montgomery 
 Alexander Edgar 
 John Black 
 James Ofwald 
 Robert Johnftoun 
 Alexander Duff 
 Francis Molifon 
 Walter Scot 
 George Smith 
 Robert Scot 
 Robert Kellie 
 
 John Hutchefon 
 
 Mr. William Sutherland 
 
 Archibald SheiJs 
 
 Mr. John Lyon 
 
 Mr. Dougal Steuart 
 
 George Brodie 
 
 George Spence 
 
 Sir David Cuninghame 
 
 Mr; William Johnfloua 
 
 Mr. John Carruthers 
 
 George Home 
 
 Mr, James Bethun 
 
 John B.iyne 
 
 Mr. Robert Frazer. 
 
 Sic fubfcrihitiiri Scafield, Cancellar, I. P. D. P» 
 
 40. 
 
 Js"» H X X.
 
 iC6 
 
 APPENDIX. 
 
 This belongs to Minutes 46, 
 
 IN the Parliament, the 27th of December 1706, a Vote was ftated : 
 Approve of a Proclamation, difcharglng unwarrantable and feditiouS 
 Convocations and Meetings, Tea or Not, and it carried Approve ; and 
 the Lift of the Members Names as they voted, Approve or Not (ordered 
 to be printed), is as follows. 
 
 APPROVERS 
 
 of the 
 
 Nobility. 
 
 Marq. of Montrofe, P. S. C. 
 
 Roxburgh 
 
 
 Glafgow Ther. D, 
 
 Duke of Argyle 
 
 Haddingtoun 
 
 
 Hoptoun 
 
 Marquefs of Tvveddale 
 
 Galloway 
 
 
 Delorain 
 
 Marquefs of Lothian. 
 
 Dalhoufie 
 
 
 Jlay. i 
 
 
 Findlater 
 
 
 
 Earls, 
 
 Leven 
 Northefque 
 
 
 Lords, 
 
 fJar, Sec. 
 
 Belcarras 
 
 
 Forbes g 
 
 Lowdoun, Sec. 
 
 Forfar 
 
 
 Elphingftoun 
 
 Crawford 
 
 Kilmarnock 
 
 
 Rofs 
 
 Sutherland 
 
 Kintore 
 
 
 Torphichen 
 
 Rothes 
 
 Dunmore 
 
 
 Frazer 
 
 Mortoun 
 
 Marchmont 
 
 
 Banff 
 
 Glencairn 
 
 Cromarty 
 
 
 Duffus 
 
 EgHntoun 
 
 Stair 
 
 
 Lord Regifter 
 
 Abercorn 
 
 Rofeberry 
 
 
 Lord Juftice Clerk. 
 
 
 Of the Barons. 
 
 
 Pvobcrt Dundafs of Arnidoun 
 
 Sir Robert Dickfon of Inveralk 
 
 William Nifbct of Dirletoun 
 
 Jo. Ccrcklurn, younger, of Ormifloun 
 
 Sir John Svvintoun of that Ilk 
 
 Sir Alexander Campbell of Cefnock 
 
 Sir William Ker of Greeohead 
 
 Sir Gilbert Eliot of Minto 
 
 Archibald Douglafs of Cavers " 
 
 William Bennet of Grubbet 
 
 Mr. John Murray of Rowhill 
 
 Mr. John Pringle of Haining 
 
 William Morlfon of Preftoungrange 
 
 Sir John Johnftoun of Wclkrhall 
 
 William
 
 APPENDIX. 
 
 Uy 
 
 William Douglafs of Dornock 
 
 Mr. William Steuart of Caftle-ftewart 
 
 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 
 
 Thomas Sharp of Houftoun 
 
 Mr. John Montgomery of Wrae 
 
 John Hadden of Glenagies 
 
 Miingo Grahame of Gorthy 
 
 Sir Thomas Burnet of Leyes 
 
 Will. Scton, younger, of Pitmedden 
 Hugh Piofi of Kilravock 
 Mr. John Campbell of Mammore 
 Sir James CampbtU of Auchinbreck 
 Ja. Campbell, younger, of Ardkinghfs 
 Sir William Anftruther of that Ilk 
 James Halyburton of Pitcurr 
 Alexander Abercrombie of Glaflbch 
 William Maxwell of Cardinefs 
 Alexander Douglafs of Egilfliaw 
 John Bruce of Kinrofs. 
 
 Sir Patrick Johnftoun 
 John Scrymfour 
 Lieutenant Coll. Jo. Arefkin 
 John Muir 
 James Scot 
 Sir John Anftruther 
 Sir John Arefkinc 
 James Spitle 
 Mr. Patrick Moncrieff 
 Sir Andrew Home 
 Sir Peter Halket 
 Sir James Smollet 
 Mr. William Carmicael 
 Mr. William Sutherland- 
 Captain Daniel Mackleod 
 Sir David Dalrymple 
 Sir Alexander Ogilvie 
 
 Of the Burrows. 
 
 Mr. John Clerk 
 John Rofs 
 
 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 Douglafs 
 Mr. Alexander Maitland 
 Mr. George Dalrymple 
 Mr. Charles Campbell.- 
 
 Sic fitbfcribitur, Seafield, CanceUar. I. P. D. P^ 
 
 Duke of Hamilton 
 Duke of Athole 
 Marquefs of Annandale, 
 
 Noes of the Nobility. 
 
 Errol 
 Marifcha! 
 4 (^2 
 
 Earls,- 
 
 Wigtoun*
 
 668 
 
 APPENDIX. 
 
 Wigtoua 
 Selkirk. 
 
 Vifcounii, 
 Stormount 
 Kilfych. 
 
 Lords, 
 Saltoun 
 
 Oliphant 
 
 Balmerino 
 
 Blantyre 
 
 Bargany 
 
 Beilhavcii 
 
 Colvil 
 
 Kinnaird. 
 
 Of the Barons. 
 
 <Jeorge Lockhart of Carnwath 
 
 Sir James Foulis of Colingtoun 
 
 Sir John Lauder of Fountainhall 
 
 Andrew Fletcher of Saltoun 
 
 Sir Robert Sinclair of Longformacus 
 
 Sir Patrick Home of Rentoi2n 
 
 William Baillie of Lamingtoun 
 
 John Sinclair, younger, of Stevenfon 
 
 Mr. Alexander Fergufon of Ifle 
 
 Jo. Brifbane, younger, of Biftioptoun 
 
 Mr. Will. Cochran of Kilmaronock 
 
 Sir John Houftoun of that Ilk 
 
 James Grahame of Bucklivie 
 
 Robert Rollo of Powhoufe 
 
 Sir Patrick Murray of Aucjhtertyre 
 
 John Murray of Strowan 
 Alexander Gordon of Pitlurg 
 John Forbes of Colloden 
 David Bethune of Balfour 
 Major Henry Balfour of Dunbolg 
 Mr. Thomas Hope of Rankeilor 
 Mr. Patrick Lyon of Auchterhoufe 
 Mr. James Caraagieof PhinhaTen 
 •David Grahame, younger, of Fintrie 
 James Ogilvie, younger, of Boyn 
 Alexander Mackgie of PalgouQ 
 James Sinclair of Stempfter 
 Sir Henry Innes, younger, of that Ilk. 
 Mr. George Mackenzie of Inchoulter 
 
 Alexander Robertfon 
 Walter Stewart 
 Alexander Watfon 
 James Ofwald 
 Alexander DufF 
 Francis Molifon 
 George Smith 
 B.obert Scot 
 
 jQf the Burrows. 
 
 Robert Kellie 
 Archibald Shells 
 Mr. John Lyon 
 Sir Robert Anflruther 
 Sir David Cuninghame 
 Mr John Carruthers 
 George Home 
 John Baync 
 
 -Sic /ubfcril'itur,-Sediiidd, Cancellar. I. P. D. P. 
 
 ■^. 
 
 r^c 
 
 N»
 
 APPENDIX. 669 
 
 N° Gxx. 
 
 Threatening Letter to the Duke of QjJeenfijerry in the time of the 
 Rabbles at Edinburgh, and the carrying on the Treaty, 
 
 One fubfcribed thus : 
 
 To his Grace the Duke of Queenfberry, her Majcfty's High Coramiffioner to the 
 
 Parliament of Scotland. 
 
 May it pleafe your Grace, 
 
 I Could not have peace in my own mind, night or day, until I made this dif- 
 covery of a plot, fo ciofeiy laid againfl: your Grace, tliat the world could not 
 have difcovered, unlefs it had pleafed God thus to touch my confcience, or fome 
 others of the Confpirators : wherefore, T fiiall give your Grace a (liort account of 
 the true matter of faft, without the leafl: diffembling. Upon Thurfday laft, at 
 twelve o'clock at night, there came a gentleman to my houfe, who whifpered in 
 mine ear, while I was in bed, to go along with him in all haite ; {o I got up out 
 of bed, and went with him : he led me into a chamber, where I met feven other 
 young men, who welcomed me to the place, and, after a little talk, told me they 
 were upon a bufinefs which they could not effedl without me, which was to difpaich 
 that treacherous Devil the Commiffioner (fo they were pleafed to call your Grace). 
 I (God forgive me !) joined with them heartily: whereupon they produced a paper, 
 containing a moft horrid oath; whereby they bound thcmfelves toalfaffinate your 
 Grace, the firfl day the Parliament fat after New-year's-day, and that they (hould 
 rather be burned alive than difcover their fellows. Two and twenty have fub- 
 icribed this oath with their blood. 
 
 They faid they wanted only two to compleat their number for the work, they 
 dciiring to have twenty-four concerned in it : fome of thefe your Grace would 
 little fufpefl ; but thefe, that arc to be the main a6tors, are the mofl gracelefs, 
 debauch'd wretches in the world, that fear neither God nor man : fome of thera 
 are to be cloathed in the Highland drefs ; one in the habit of a beggar with a 
 falfe beard ; fix of them are to be in the habit of baxters, that by this means 
 they may with the more cafe raife the rabble; one of thefe, in Highland drefs, is 
 to fland on your left hand as you come out of the Parliament Houfe, with a naked 
 durk beneath his plaid to flab your Grace, but, if he has no opportunity for 
 
 aclionj
 
 67© APPENDIX. 
 
 ^ftlon, then the beggar is to attend your coach with a piftol beneath his rags, 
 which he is to fire at your dace, at which the Baxters are to raife the rabble 
 with their cries, which tliey think will foon be done; then, left your Grace 
 iliould efcape with life, they are to take care to get the Nether-bow Port clofed 
 in fpicht of the guards. Their next defign is upon the Chancellor Philip- 
 haugh, and fome others. After repeated oaths of fecrecy, we parted about three 
 o'clock this morning, and I come home ; but perplexing thoughts fo tormented 
 me, that I could neither fleep, eat, or drink, till I eafed my mind with this dif- 
 covery. If your Grace will ali'ure me of pardon, and that }ou will obtain me 
 a remtffion from the Queen, for this and another crime, which the Confpirators 
 will alledge, for revenge I was guilty of ten years ago abroad, I will come to your 
 Grace's lodging and make a full difcovery of this whole defign, and let your 
 Grace fee their names written with iheir own hands, and with their own blood, for 
 they put fo much truft 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 protetfl 
 me ; which if your Grace do, I fliall not fail to perform my promife, and tell your 
 Grace other circumftances than can recite here. 
 
 I am, may it pleafe your Grace, 
 
 Dec. 2©, 6 at nighr. Your Grace's humble fervantr 
 
 i;o6. 
 
 There were feveral other letters, fome to bully and infult the Com-- 
 miffioner, fome pretending to caution him ; but his Grace took no 
 notice of any of them, nor did he ever omit going to the Parlia- 
 ment Houfe, or purfue the affair then In hand, notwithftanding thefe 
 infults* 
 
 N*;
 
 APPENDIX. 671 
 
 N" H X X. 
 An Ad for Securing the Church of England as by Law Eflablifhecl. 
 
 WHereas, by an Aft made in the SefTion of Parliament held in the third and 
 fourth year of her Majefly's reign, whereby her Miijefty was impowered 
 to appoint Commifiioners, under the Great Seal of England, to treat with Corn- 
 milTioners, to be authorized by the Parllanient of Scotland, concerning an Union 
 of the Kingdortis of England and Scotland, it is provided and enafted, that the 
 Commifiioners, to be narued in purfuance of the faid A<ft, fhould not treat of or 
 concerning any alteration of the Liturgy, Rites, Ceremonies, Difcipline, or Go- 
 vernment, of the Church, as by law eflablifhed within this realm : and whereas, 
 certain Commiffioners appointed by her Majefly, in purfuance of the faid Aft, 
 and alfo other Commiffioners nominated by her Majefty by the authority of the 
 Parliament of Scotland, have met, and agreed upon a Treaty of Union of the faid 
 Kingdoms; which Treaty is now under the confideration of this prefent Parlia- 
 ment : and whereas the And Treaty (with fome alterations therein made) is ratified 
 and approved by Aft of Parliament in Scotland; and the faid Aft of Ratification 
 is, by her Majefty's royal command, laid before the Parliament of this Kingdom : 
 and whereas it is reafonable and ncceffary, that the true Proteftant Religion, pro- 
 fefled and eflablilhed by Law in the Church of England, and the Doftrine, Worfliip, 
 Difcipline, and Government thereof, Ihould beeifeftually and unalterably fecured ; 
 Be it enaftcd, by the Queen's molt Excellent Majcfty, by and with the advice and 
 confent of the'Lords Spiritual and Temporal, and the Commons, in this prefent 
 Parliament affembled, and by authority of the fame, That an Aft, made in the 
 Thirteenth year of the reign of Queen Elizabeth, of famous memory, intituled, 
 " An aft for the Minifters of the Church to be of found religion;" and alfo 
 another Aft, made in the Thirteenth year of the reign of the late King Charles 11. 
 intituled, " And aft for the Uniformity of Publick Prayers, and Admir.itTiration 
 •' of Sacraments, and other Rites and Ceremonies, and for eflahiifhing the Form 
 " of Making, Ordaining, and Confecrating Bifliops, Priefts, anJ Deacons, in the 
 ** Church of England," (other than fuch claufes in the faid Afts, or either of 
 them, as have been repealed or altered by any fubfequent Aft or Acls of Par- 
 liament) ; and all and Angular other Afts of Parliaments, now in force, for the 
 Eftablifliment and Prcfervation of the Church of England, and the Doftrinc, Wor- 
 fliip, Difcipline, and Government thereof ; fliall remain and be in full force foir 
 ever. 
 
 ^ • And
 
 672 APPENDIX. 
 
 And be it further enafted, by the authority aforefaid. That, after the demife of 
 her Majerty (whom God long pieferve !), the Sovereign, next fucceeding to her 
 Majefty in ilie Royal Government of the Kingdom of Great Britain, and fo for 
 evgl' hereafter, every King, or Queen, fucceeding and cortiing to the Royal Go- 
 vernment of the Kingdom of Great Britain, at his or her Coronauon, fliall, in 
 the prefcnce of all perfons who fhall be attending, afiifting, or oiherwife then 
 and there prefent, take and fubfcribe an Oath to maintain, and preferve inviol- 
 ably, the faid Settlement of the Church of England, and the Doctrine, Worfliip, 
 Difcipline, and Government thereof, as by Law edablifhed within the Kingdoms 
 bf England and Ireland, the Dominion of Wales, and Town of Berwick upon 
 Tweed, and the territories thereunto belonging. 
 
 And be it further enafted, by the authority aforefaid j That this Acl, and all 
 and every the matters and things therein, contained, be, and fhall for ever be, 
 hoFden and adjudged to be a fuiidamental and effcntial part of any Treaty of 
 Union to be conchided between the faid Two Kingdoms; and alfo, that this Aft 
 fhall be inferted in exprefs terms in any Aft of Parliament which fliall be made 
 for fettling and ratifying any fuch Treaty of Union, and fhall be therein declared 
 to be an elTential and fundamental part thereof. 
 
 N° I X X. 
 
 A£t fettling the Manner of Eledling the Sixteen Peers and Forty-fi\re 
 Commoners to reprefent Scotland in the Parliament of Great 
 Britain^ 
 
 February ;, 1707. 
 
 OUR SOVEREIGN LADY, confidering that, by the twenty-fecond' Ar- 
 ticle of the Treaty of Union, as the fame is ratified by an AS. palfed in 
 this SefGon of Parliament upon the fixteenth of January laft, it is provided, 
 that, by virtue of the faid Treaty, of the Peers of Scotland at the time of the 
 Union, Sixteen fhall be the number to fit and vote in the Houfe of Lords, 
 and Forty-five the number of the Reprefentatives of Scotland in the Houfe of 
 ( -oinmons, of fhe Parliament of Great Britain ; and that the faid Sixteen Peers, and 
 Forty-five Members in the Houfe of Commons, be named and chofen in fuch 
 manner as by a fubfequcnt Aft in this prefent Seffion of Parliament in Scotland 
 fhoulJ be fettled ; which Aft is thereby declared to be as valid, as if it were a 
 
 part
 
 APPENDIX. 673, 
 
 part of, and ingrofled in, the Aiid Treaty : therefore her Majefly, with advice 
 and confent of the Eftates of Parliament, ftatutes, ciKifts, and ordains, that the 
 faid Sixteen Peers, who fliall have right to fit in the Houfe of Peers in the Parlia- 
 ment of Great Britain on the part of Scotland by virtue of this Treaty, fhali be 
 named by the faid Peers of Scotland whom they reprefent, their heirs, or fuc- 
 ceflbrs to their dignities and honours, out of their own number, and that by open 
 eleftion and plurality of voices of the Peers prefent, and of the proxies for fuch 
 as fhall be abfent, the faid proxies being Peers, and producing a mandate in writ- 
 ing duly figned before witneffes, and both the conftituent and proxy being qualified 
 according to law ; declaring alfo, that fuch Peers as are abfent, being qualified 
 as aforefaid, may fend to all fuch meetings lifts of the Peers whom they judge 
 fiiteft, validly figned by the faid abfent Peers, which fliall be reckoned in the fame 
 manner as if the parties had been prefent, and given in the faid lift ; and in cafe 
 of the death, or legal incapacity, of any of the faid Sixteen Peers, that the afore- 
 faid Peers of Scotland (hall nominate another of their own number in place 
 of the faid Peer or Peers in manner before and after mentioned. And that, of 
 the faid forty-five Reprefentatives of Scotland in the Houfe of Commons in 
 the Parliament of Great Britain, Thirty fhall be chofen by the Ihires or flewar-- 
 tries, and Fifteen by ihe royal burrows, as follows, videlicet, one for every 
 (hire and ftcvartry, excepting the fhires of Bute and Caithnefs, which fhall 
 choofe one by turns, Bute having the firft eleftion ; the fhires of Nairn and 
 Cromarty, which fhall alio choofe by turns, Nairn having the firfl elediionj: 
 and in like manner the fhires of Clackmannan and Kinrofs fliall choofe by 
 turns, Clackmannan having the firft eIe(ftion: and in eafe of the death or 
 legal incapacity of any of the faid Members from the refpeftive fhires or 
 ftewartries above-mentioned, to fit in the Houfe of Commons, it is enafled 
 and ordained, that the (hire or flewartry who eleded the faid Member fhall 
 ekCi another Member in his place; and that the faid Fifteen Reprefentatives 
 for the royal burrows be chofen as follows, videlicet, that the town of 
 Edinburgh fhall have right to eleft and fend one member to the Parliament of 
 Great Britain ; and that each of the other burghs fhali eleft a Commiilioner in 
 the fame manner as they are now in ufe to eleft Comnjiffioners to the Parliament 
 of Scotland ; which CommilTioners and Burghs (Edinburgh excepted), beino- divid- 
 ed in fourteen claffes or diflri(Ss, fhall meet at flich time and burghs within their 
 refpe<5\ive diflri^s as her Majeily, her heirs or fuecefforsi fhall appoint, and cleft 
 one for each diftrid, vidciket, the burghs of Kirkwal, Week, Dornock, Dingwall 
 and Tayne, one ; the bu ghs of Fortrofe, Invernefs, Nairn and Forrels, one, 
 the burghs of Elgine, Culien, BamfF, Inverury and Kintore, one; the burghs of 
 Aberdeen, Inverbervie, Montrofe, Abcrbroihock and Brichen, one; the burghg, 
 
 4 R of
 
 674 APPEND! t. 
 
 of Forfar, Perth, Dundee, Cowper and Sr. AndrewSj one ; the Inirghs of 'Crail,; 
 Kilrennie, Anftruther Eafter, Anftruther Wefter, and Pitr-enu-eem, one; the. 
 burghs of Dyfart, Kirkcaldie, Kinghorn and Bruntifland, one •, the burghs of. 
 Innerkeithing, Dumfennline, Queensferry, Culrofs and Stirling, one; the burghs' 
 of Glafgow, Renfrew, Rutherglen and Dumbarton one ; the burghs of Hadding- 
 ton, Dumbar, North Berwick, Lawder and Jedburgh, one ; 'the burf;hs of Selkirk, 
 Peebles, Linlithgow and Lanerk, one ; the burghs of Dumfries, Sanquhar, 
 Annan, Lochmaben and Kirkcudbright, one; the burghs of Wigtoun, > ew 
 Galloway, Stranrawer and Whitehern, one ; and the burghs of Air, Irvine, 
 Rothefay, Campbletoun and Inverary, one. And it is hereby tl-clared and or- 
 dained, that where the votes of the Commiffioners for ihe faid burths, met to 
 choofe Reprefentatives from their feveral diftrifts to the Parliament of Great Bri- 
 tain, fhall be equal, in that cafe the Prefident of the meeting fliall have a 
 calling or decifive vote, and that by and attour his vote as a Comnriffioner 
 from the burgh from which he is fent, the Commiffioner from the eldeil burgh 
 prcfiding in the firft meeting, and the Commifliorvers from the other burghs 
 in their refpedive diftrifts, prefiding afterwards by turns in the order as the 
 faid burghs are now called in the Rolls of the Parliament of Scotland : and 
 in cafe that any of the faid Fifteen Commiffioners from burghs (hell deceafe, 
 or become legally incapable to fit in the Houfe of Commons, then the town 
 of Edinburgh, or the diftria which chofe the faid Member, ftall eleit a Mem- 
 ber in his or their place; it is always hereby exprefsly provided and declared, 
 that none fliall be capable to elefi:, or be elected, for any of the faid eftatCs 
 but fuch as are twenty-one years of age compleat, and Proteflant, excluding 
 all Papifts, or fuch Vvho, being fufpeft of Popery and required, refufe to 
 fwear and fubfcribe the formula contained in the Third Adi, made in the eighth 
 and ninth Stillons of King William's Parliament, intituled, " Aft far prevent- 
 " ing the growth of Popery ;" and alfo declaring, that none fliall be capable 
 to eleft, or be elefted, to reprefent a ihire or burgh in the Parliament of Great 
 Britain for this part of the United Kingdom, except fuch as are now capable 
 by the laws of this kingdom to elc<fl, or be elefled, as CommifTioners for fliires 
 or burghs to the Parliament of Scotland. And further, her Majerty, with 
 advice and confent aforefaid, for the etfeftual and orderly clcftion of the pcr- 
 fons to be chofen to fit, vote, and ferve, in the refpeftive Houfes of the Parliament 
 of Great Britain, when her Majefty, her heirs and fucceflbrs, fhall declare her or 
 their pleafure for holding the firft, or any fubfequent Parliament of Great Britain, 
 and when for that efTeft a writ (hall be ilTued out under the Great-feal of the 
 UnitCi' Kingdom, dircfted to the Privy Council of Scotland, conform to the faid 
 twenty-fecond article, fl;atutes, enaifls and ordains, that, until the Parliament of 
 6 Great
 
 APPENDIX. 675 
 
 Great Britain fhall make further provlfion therein, the faid writ fliall contain a 
 warrant and command to the faid Privy Council to iffuc out a proclamation in her 
 Majefty's name, requiring the Peers of Scotland for the time to meet and 
 a'l'cmbie at fuch time and place within Scotland as her Majcfty and royal fuc- 
 cefTors ftiaU think fir, to make election of the faid Sixteen Peers -, and requiring 
 the Lord Clerk Re^ifter, or two of the Clerks of SefHon, to attend all fuch meet- 
 ings, and to admjnifk-r the oaths that are or fliall be by law required, and to a(k 
 the votes ; and, having made up the lifts in prefence of the meeting, to return the 
 names of the Sixteen Peers chofen (certified under the fubfcription of the faid 
 Lord Clerk RegiRer, Clerk or Clerks of Seflion attending) to the Clerk of 
 the Privy Cou; cil of Scotland ; and ficklike requiring and ordaining the. 
 feveral freeholders in the refpeiflive fliires and flewartries to meet and convene 
 at the head burghs of their feveral fhires and ftewartries, to elc(Sl their Commif- 
 fioners, conform to the order above fet down, and ordaining the Clerks of the 
 faid meeting?, immediately after the faid ele^lons are over, refpe(Sively to return- 
 the names of the perfons elected to the Clerk'? of the Privy Council ; and, laflly, 
 ordaining the city of Edinburgh to eleft their Commiffioner, and the other royal 
 burghs to ekft each of them a Commiffijner, as they have been in ufe to eleft- 
 Commiffioners to the Parliament, and to fend the faid refpeflive Commiflloners, at 
 fuch times, to fuch burghs within their refpeftive diftridsasherMajeily and fuccef- 
 fors, by fuch proclamations, fliall appoint, requiring and ordaining the common 
 Clerk of the refpe^flive burgh?, where fuch eleftions fhal! be appointed to be inade, 
 to attend the faid meetings, and immediately after the eleftion to return the name 
 of the perfons fo ele<fted (certified under his hand) to the Clerk of Privy Council ; 
 to the end that the names of the Sixteen Peers, Thirty Commiffioners for (hires, and 
 Fifteen Commiffioners for burghs, being fo returned to the Privy Council, may be 
 returned to the Court from whence the writ did iffue, under the Great-feal of the 
 United Kingdom, conform to the faid twenty-fecond Article : And whereas, by the 
 faid twenty-fecond Article, it is agreed, that if her Majefty (hall, on or before the^ 
 firft day of May next, declare that ic is expedient the Lords and Commons of the 
 prefent Parliament of England Ihould be the Members of the refpedlivc Houfes 
 of the firft Parliament of Great Britain, for and on the part of England, they fliall- 
 accordingly be the Members of the faid refpeclive Iloufes for and on the part of 
 England ; her Majefty, with advice and confent aforefaid, in that cafe only, doth 
 hereby ftatute and ordain, that the Sixteen Peers and Forty-five Commiflloners for 
 Ihires and burghs, who fliall be chofen by the Peers, Barons, and Burghs, refpec- 
 tively, in this prefent Seflion of P..,-liament, and out of the Members thereof, in 
 the fame manner as Committees of Parliament are ufually now chofen, fliall be 
 the Members of the refpective Houfes of the faid firfl Parliament ol Great Britain 
 
 4 K 2 for.
 
 676 APPENDIX. 
 
 for and on the part of Scotland ; which nomination and eleftlon being certified 
 by a writ under the Lord Clerk Regifter's hand, the perfons fo nominated and 
 cle(fted fliall have right to fit and vote in the Houfe of Lords, and in the Houfc 
 of Commons, of the faid firft Parliament of Great Britain. 
 
 N° Kxx. ^ 
 
 Thurfday, January 7, 1707. 
 
 A Proteft was given in by George Lockhart of Carnwath, m thefe 
 
 Terms, 
 
 I George Lockhart of Carnwath do proteft for myfelf, and in name of fuch 
 other Barons as (hall adhere to this my Proteftation ; that neither this Vote 
 nor any other Vote, Conclufion, or Article in this Treaty of Union, Ihall pre- 
 judge the Barons of this kingdom from their full Reprefentation in Parliamentf 
 as now by law eftablilhed, nor any of their privileges, and particularly their ju- 
 dicative and legiflative capacities, of which they are deprived by the terms of 
 this Treaty of Union ; and I crave this my Proteftation to be admitted and 
 recorded. 
 
 N° Lxjo 
 
 And another Proteft was given in by the Duke of Athole, hi thefe 
 
 Terms. 
 
 WHEPtEAS, by my Proteft given in the 4th of November laft, before 
 voting the firft Article of Union, I did refervc liberty to renew pro- 
 teft ations again ft any other Article of the Treaty ; and as I protefted for the 
 reafons therein mentioned, fo I do now, for myfelf and all others who fliall ad- 
 here, proteft againft any vote for approving the 2 2d Article of this Treaty of 
 Union, and againft all tlie parts of it, for thefe reafons, becaufe the Peers of this 
 Realm, who are hereditary Members of her Majefty's Great Council and Parlia- 
 ment, do thereby become eleftive, and fo her Majefty is deprived of her bora 
 Counfellors, and the Peers of their birth-right. And whereas they are at pre- 
 fent 160 in number, they are by this Article reduced to Sixteen ; which fixteen 
 are to be joined with the Houfe of Lords in England, whofe number at prefent 
 
 confifts
 
 APPENDIX. 677 
 
 •confirts of above 180, whereby it is plain, that the Scots Peers' (hare in the 
 leglflative and judicative powers in the Britifli Parliament is very unequal with that 
 of theEnglifh, though the one be Reprefcntativcs of as Free and Independent 
 a Nation as the other, and is therefore a plain forfeiture of the Peerage of iliis 
 Kingdom. And as it is the height of injuftice, and againft all the laws and praftices 
 of this and all other well-govern'd nations to forfeit any perfon without a heinous 
 crime ; fo it is againfl: all law to forfeit either the Peers that are now prefenr, or 
 thofe that are minors or abfent, without being fo much as called or cited for 
 that end. 
 
 It is likewife contrary to the honour and true intereft of her Majefly and the 
 Monarchy, to fupprefs the eflate of Peers, who have formerly been the great fup- 
 porters of the Monarchy. 
 
 And it is diftionourable and difgraceful to this Kingdom, that the Peers thereof 
 Ihall only have rank and precedency next after the Peers of the like order and de- 
 gree in England, without regard to their antiquity, or the dates of their patents, 
 as is ftipulate by the following articles of this treaty. 
 
 In the next place, each fliire and royal burgh within this Kingdom have the 
 number of their Reprefentatives determined by Adts of Parliament, whofe number 
 at prefent, being 155, are by this Article of the Treaty reduced to Forty-five, and 
 to be joined to 513 members in the Houfe of Commons, where they can have no 
 influence, by reafon of the vafl: difproportion of their numbers ; befides that the 
 Barons and Burrows of this nation, by this way of uniting, are deprived of their 
 inherent right of being fully and individually reprefente<l in Parliament, both 
 with relation to their legiflative and judicative capacities. 
 
 And they are not only highly prejudged in leffening their Reprefentation, but 
 alfo degraded from being Members of the Parliaments of this kingdom, where they 
 fit as judges in all caufes, civil and criminal, to be joined to the Commons of 
 another Nation, who are accuftomed to fupplicate for juftice at the bar of the 
 Houfe of Lords. 
 
 The Barons and Burgeflls are alfo further prejvidged in this ; that whereas 
 every (hire and royal burgh have their own Pveprefentativcs, one Commiffioner 
 will, hereafter, reprefent feveral fliires or burghs, who, it cannot be fuppofed, will 
 underftand the feveral interefts and concerns of the faid feveral (hires and burghs 
 ■whom he may reprefent. * 
 
 And, further, for the prefent Reprefentatives of the Barons and BurgeiTes to 
 •o(Fer, by any vote or deed of theirs, to incapacitate their conftituents, or deprive 
 them of any part of their inherent right, is what their Conftituents may and do 
 juflly difallow, they only having their commiflions with the ordinary powers of 
 making and amending laws, and giving fupplics, but no ways to alter fundamental 
 
 conftitutions,
 
 6^B APPENDIX. 
 
 conftitutions, or to take away ordioiinirti their reprefentarion, which is alfo a plaiir 
 forfeiture of their conftituents of their inherent rights and uiidoubted privileges, 
 and is contrary to the fundamental laws of this Nation, which are the birth-iight 
 of the people thereof. 
 
 From all which it is plain and evident, that this, from a fovereign independent 
 Monarchy, fliall diflblve its conftitntion, and be at the difpofal of England, whofe 
 conftitution is not in the leaft to be altered by this Treaty, and where it is not 
 to be fuppofed the Scots ihall have any weight in the making of laws, even 
 though relative to their own Kingdom, by reafon of the vafl difproportioa and 
 difparity of the Reprcfsntation aforefaid. 
 
 And therefore I do alfo protefi, that no vote may hinder or prejudge the 
 Noblemen, Barons, and Burgeffes, as now reprefented in Parliament, to retain, 
 bruik, enjoy, and exerce all their rights, liberties, and privileges, as fully and 
 freely as hitherto they have enjoyed them. 
 
 And fince it evidently appears, not only from the many protefts of the honour- 
 able and worthy Members of this Houfe, but alfo from the multitudes of Addreffes. 
 and Petitions, from the feveral parts of this kingdom, of the Barons, Free-holders 
 Heretors, Burgeffes and Commons, and from the Commifllon of the General- 
 Affembly, that there is a general diflike and averfion from the incorporating 
 Union, as contained in thele Articles ; and that there is not one Addrefs, from any 
 part of the kingdom, in favour of this Union. 
 
 I do, therefore, further proteft againft concluding this and the following Articles 
 of this Treaty, until her Majefty ihall be fully informed of the in.ehnations of the 
 people ; that, if her Majefly think fit, (he may call a new Parliament to have im> 
 mediate fentiments of the Union fince the Articles have been madepnblick, where 
 it is hi)ped'they may fall on fuch methods as may allay the ferment of the nation., 
 fatisfy the minds of the people, and create a full underltanding betwixt the Two 
 Kingdom?, by an Union upoi honourable, jult, and equal terms, which may unite 
 them in affedion and intereft, the fureft feundation of peace and tranquillity for 
 both kingdoms : and this my Proteftation I defire maybe received and infert 
 in the minutes, and recorded in the books of Parliament, as a teftimony of my- 
 difaffent, and the difaflent of fucLas adhere to me- 
 
 M*
 
 A P P E N D 1 !!:. 679 
 
 N" M X X. 
 
 And a Third Proteil: was given in by the Earl of Buchan, in thefe 
 
 Terms. 
 
 FOrafmiich as the chanf^lng of the right of the Peers of this realm, from a 
 conftaiit and liereditary right to one that is ele<rtive, and the debarring all 
 or any of them from taking place* and voting in Parliaments, Conventions, or 
 Publick Coun.:ils, is fubverfive of the birth-right and undoubted privilege of the 
 Peers, dilhonourable to the whole Kingdom, and contrary to the fundamental 
 laws and conflitutions of it, as well as to all juftice and equity ; I do therefore 
 protefl: for myfelf, and in name of all who (liall adhere to this my Protedation, 
 that the forefaid right of the Peers of this Realm to fit and vote in all Parliaments, 
 Publick Councils, and Conventions, do, after the intended Union with England, 
 and notwithflanding thereof, continue in full force, and remain to them as their 
 undoubted right and property ; and that no vote, to be paffed in this Houfe, do 
 prejudge all or any of them thereof, or debar them from retaining the fame in all 
 ume coming. 
 
 KNxx 
 
 Another Protcft was likevvife given in by Walter Steuart, Commiffioner 
 for the Burgh of Linlithgow, in thefe Terms. 
 
 I Walter Steuart protefl: for myfelf, and in name of all others who fhall 
 adhere to this my Proteftation, that the reflriclion of the Reprefentatives in 
 Parliament for this kingdom, as contained in the zid Article of the Treaty of 
 Union, is contrary to the Birth-right of the Peers, and Rights and Privileges of 
 the Barons, Freeholders and Royal Burrows, and the fundamental laws and con- 
 flitutions of this nation : And if any vote fiiall pals, approving the faid Article, 
 i"n the terms that.it ftands, that any fuch vote Ihall not prejudge the Bii h-right of 
 the Peers, Rights and Privileges of the Barons, Freeholders, and Royal B'.aTOWS, 
 competent to them by the laws and conftitution of this Kingdom, and take:, mftru- 
 ments upon this Proteftadon, and defires that it may be infert in the Records of 
 Parliament. 
 
 N'
 
 68o 
 
 APPENDIX. 
 
 N" O X X. 
 
 The 27th February 1706. 
 
 Articles of Union That all Laws and Statutes in either Kingdom Co far as 
 read, they are contrary to, or incoufiftent with, the Terms 
 
 of thefe Articles, or any of them, (hall, from and 
 after the Union, ceafe and become void, and fhall 
 be fo declared to be by the refpedive Parliaments of 
 the faid Kingdoms, 
 
 The queftion was put, whether this Houfe fhall agree 
 with the Committee in this relblution i 
 
 Jdtfent to every 
 sne of the 2^Refo- 
 lutiom, Sta 11. 
 
 It was refolved in the AiErmative. 
 
 We diffent to the Refolution of paffing the laft Article, be- 
 caufe there being no enumeration of what laws are to be re- 
 pealed : It is eonceived too great a latitude of con{lru<aion 
 thereupon is left to the judges. 
 
 Roch er. 
 
 No ib and Gr y, 
 
 Guil rd, 
 
 Le gK 
 
 Tdijfent to every 
 one of the z^ Ref- 
 lulions. Gra — lie, 
 
 / diffent to every 
 one of the 25 Refo- 
 hitiom. Hav — am. 
 
 / difj'ent to the 4 
 lafi refo hit ions, hav- 
 ing not been prefent 
 at the paffing of 
 the others. Geo. 
 B-Ui and W— lis. 
 
 Diffentient to the 9th Kefolution, 
 
 Becaufc we humbly conceive the fum of 48000/., to Be 
 charged on the Kingdom of Scotland, as the quota of Scot- 
 land, for a land-tax, is not proportionable to the 4 J. aid, 
 granted by the Parliament of England : Bur, if by reafon of 
 the preftnt circumftances 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 king- 
 dom, that it Ihould be agreed, that whenever the 4 s. aid 
 fhall be enafled by the Parliament of Great Britain, to be 
 raifed on land in England, that the 48000 /., now raifed on 
 Scotland, fliall never be increafed in time to come, though 
 the trade of that k(pgdora fliould be extremely improved, and 
 
 confequently
 
 APPENDIX. 
 
 63 X 
 
 conftquently the value of their land proportionably raifed, 
 which in all probability it mull do, when this Union fliall 
 Lave taken efledt. 
 
 JN tlj and Gr y, How d, Roch—r, 
 
 G -ford, Le h. 
 
 DifTentient to the 15th Refolution. 
 
 Becaufe we humbly conceive nothing could have been more 
 equal on this head of the Treaty, than that neither of the 
 Kingdoms fliould have been burdened with the debts of the 
 other conrrafled before the Union, and if that propofal which 
 we find once made in th.e minutes of the Treaty had taken 
 place, there would have been no occafion to have employed 
 the revenues of the Kingdom of Scotland towards the pay- 
 ment of the debts of England, thofe revenues might have 
 been iLiflly appropriated to the debt<; of that Kingdom, and 
 to any ofher ufes v.ithin theinfelvcs as (hould have been jud- 
 ged requifite, and there would have been then no need of an 
 equivalent of very ne-ir joooo /. to be raifed on England 
 within this year, for the purchafe of thefe revenues in Scot- 
 land, which however it may prove to be but a reafonable 
 bargain upon a flrift calculation, there does not feem to have 
 been a neceffity juft now to have raifed fo great a fum, when 
 this kingdom is already burdened with fo vaft ones for the 
 neceffary charges of the war. 
 
 Roch r, N — th and G y 
 
 L h, G—ford. 
 
 I diffent to every 
 one of the 25 Refo- 
 lutions. Beau — t. 
 
 "ent to the 
 
 I, 4, 5. 0. 9. '5' 
 18,19,21,22,23, 
 
 25th, Refolutlons. 
 
 Abing — n. 
 
 DiiTentient to the 22d Refolution. 
 
 Becaufe we humbly conceive, in the firfl: place, that the 
 number of Sixteen Peers of Scotland is too great a propor- 
 tion to be added to the Peers of England, who very rarely 
 confifts of more than 100 attending Lords in any one feffion 
 of Parliament; and for that reafon we humbly apprehend fuch 
 a number of Sixteen may have a very great fway in the re- 
 folutlons of this Houfe, of which the confequences cannot 
 now be forefeen. 
 
 4S 
 
 lit
 
 682 APPENDIX. 
 
 In the fecond place, we conceive the Lords of Scotland, 
 who, by vinue of this Treaty, are to fit in this Houfe, being 
 not qualified as the Peers of England are, muft fuffer a dimi- 
 nution of their dignity to fit here on fo diiferent foundations, 
 their right of fitting here depending entirely on an election, 
 and that from time to time, during the continuance of one 
 Parliament only ; and at the fame time we are humbly of 
 opinion, that the Peers of England, who fit here by creation 
 from the Crown, and have a right of fo doing in themfelves, 
 or their heirs by that creation, for ever, may find it an alter- 
 ation in their Conftitution, to have Lords added to their num- 
 ber to fit and vote in all matters brought before a Parliament, 
 •who have not the fame tenure of their feats in Parliament as 
 the Peers of England have. 
 
 N h and Gr •/, Buck — am, 
 
 Le by Roih — r, Guil — d. 
 
 Die Martis 4° Martii. 
 
 Hodie 3° vice le£ta eft Bllla, Intituled, A61 for an Union of the Two 
 Kingdoms of England and Scotland. 
 
 Then a Rider was offered to be added to the bill, which v?as read ag 
 
 follows, VIZ. 
 
 Provided always, that nothing in this Ratification contained fhall be conftrued 
 to extend to an approbation, or an acknowlegment, of the truth of the Prefbyterian 
 way of worfliip, or allowing the religion of the Church of Scotland to be what 
 it is fly led, " The True Proteflant Religion." 
 
 And it being propofed that the fame be read a fecond time, and the 
 debate thereupon, the queflion was put, Whether this rider (hall 
 be read a fecond time ? 
 
 It was refolved in the negative. 
 
 DilTentient. 
 
 Beau /, Buck am, N h and G y, Angl—y, Northam—t}, 
 
 Jbing — «, Whch-—ea, Noting — w, Geo.B—th and W — lis, Tba /, 
 
 Gra lie, St a— U, Gnan—y, Wey—th, Cuil—d, L h. 
 
 The
 
 APPENDIX. <583 
 
 The queflion was put, Whether this bill (hall pafs ? It was carried in the 
 afHrmative. 
 
 Diflenticnt. 
 
 J\^ot m, Angl ■;', tha — t, Winch a, Northam-^ti^ Scarf— h 
 
 Weym h, Guer — y. 
 
 Becaufe the Conflitution of this Kingdom has been found fo very excellent, and 
 therefore juftly applauded by all our neighbours for fo many ages; fo that we 
 cannot conceive it prudent now to cliange it, and to venture at all thofe alterations 
 made by this bill, fome of them efpecially being of fuch a nature, that aa the in* 
 conveniency and danger of them (in our humble opinion) is already but too ob- 
 vious, fo we think more proper and decent to avoid entering further into the 
 particular apprehenfjons we have from the palling this law. 
 
 Beau — /, Buck — ;«, Sta — //, Gutl — d. Gran e, Lc — h. 
 
 W A3. 
 
 To the Right Honourable the Convention of Royal Burrows, the Petition 
 of the Merchants, Owners of the Ships and Cargoes, now arrived at 
 London and other Ports of England, 
 
 Humbly Sheweth, 
 
 TH AT whereas we under fubfcribing, having upon the faith of the Treaty of 
 Union fent from Scotland to England feveral goods and merchandize, 
 allowed to be imported to Scotland, before commencement of the Union, and 
 which were entered and paid her Majefty's duties, and for which, before tranf- 
 portation, we obtained coafling cocquets (a copy whereof, as approven by the 
 Attorney-general at London, was tranfmitted to the Lords of Treafury here, 
 and delivered by them to the officers of her Majefty's cuftoms), upon which we 
 had good ground toreftfecurc; yet, to our great furprize, we have information, 
 that not only our fliips and goods are feized, but the goods themfelves made 
 havock of and imbezzled (exprefly contrair to the Articles of Union), our fea- 
 men impreft, and our fhips thereby rendered ufelefs, which treatment is fo unfup- 
 portable, that all thefe promifed advantages by the Union are like to be fo many 
 traps to infnare us, which in the end mull; turn to our inevitable ruioi for, if our 
 
 4 S 2 cfFeds
 
 684 APPENDIX. 
 
 effefts be feized, and our (hips laid up, and taken from us by violence, where (hall 
 we have any hopes left us for trade ? 
 
 Thefe our grievances we have thought fit to lay before your Honours the Re- 
 prefentatives of the Royal Burrows in Convention affemhled, that you, in your 
 prudence, may addrefs her Majefly in fuch Terms as the prefent emergent of fo 
 much import and concern to the Nation doth require. 
 
 May it therefore pleafc your Honours ferioufly to confider of 
 what we have above reprefented, and to lay our cafe before 
 her Majefty. 
 
 N° B 3.. 
 A Copy of the Addrefs of the Royal Burrows to Her Majefly. 
 
 To the Queen's moft excellent Majefly. 
 
 'E your Majefty's moft loyal and dutiful fubjefls, the General Convention 
 of the Royal Burrows, in this part of your Majefty's United Kingdom 
 called Scotland, do raoft humbly reprefent, that, having received feveral grievous 
 complaints from the Trading Merchants, how that they upon the faith of the late 
 Treaty of Union, betwixt the Two Kingdoms, ratified in both their Parliaments, 
 have from feveral ports of Scotland fent to London, and feveral ports in England, 
 goods and merchandize, allowed to be imported to Scotland, and acflually there 
 imported before the Union, for which they not only paid your Majefty's duty, 
 but being refolved, upon the faith of the faid Treaty, to fend them to England, 
 after due deliberation, they by warrant from England received coaft-cocqnets 
 and other ordinary documents from ; our Majefty's Comniinioners of the Cuftoms 
 lately eftablidred, and did alfo, to cut off all pretext, make faith before the 
 Lords of Your Majefty's Treafury and Exchequer, and oiher Judges, that 
 the goods were imported upon their own proper account, and upon their own 
 proper rifo'ic. 
 
 Notwithftanding whereof, they have very furprizing accounts from their 
 correfpondents in England, that the Commiflioners of your Majefty's Cuftoms 
 there have given orders to feize their (liips and goods, and that fome of them Sre 
 atftually feized, and others both feized and imbezzled, and that the beft con- 
 ditions, they cau obtaia from your Majefty's faid CommilTioners in England, are, 
 6 that
 
 APPENDIX. 68 
 
 3 
 
 that they fhould give fecurity or bail in foine cafes for fhip and cargo, and in 
 other cafes for paying new and high duties, at the determination of the Bririih 
 Parliament: all whicii being in our humble apprehenfion nothin ; agreeable> 
 but contrary to the faith of the faid Articles of Treaty, and a m, niftft difappoint- 
 ment of thefe advantages and encouragements, that we ftill tlid, and do firmly 
 promife ourfclves from your Majcfty's royal Juflice, an-d mod gracious Govern- 
 ment, and with all fuch vifible hardfhips as mufl. be the lofs, and even the ruin, 
 of many honefl; traders, who cannot bear their fhips and goods to be thus in- 
 cumbered by bail and law-fuits, or double and high duties, and withal fubjefted 
 to the delay and hazard of uncertain determination : 
 
 We cannot but in the greatefl; fubmifllon whereof we are capable, and with 
 a yet greater confidence of your Majefty's royal juftice and goodnefs, whereof 
 we have had fo great and innumerable proofs, lay the cafe before your Ma- 
 jefty as it is, viz. That, by the firft Article of the Treaty of Union, the Two 
 Kingdoms are for ever united into One after the firft of May laft, which plainly, 
 after that day, excludes the very notion of importation or importers betwix^ 
 them, and all former reftriftions and penalties impofed thereupon : And, by the 
 fourth Article, it is agreed, that all the fubjefts of the faid United Kingdom {liall, 
 from and after the Union, have full freedom and intereourfe of trade to and from 
 any port or place within the faid United Kingdom, and that there be a communi- 
 cation of all other rights and privileges which do, or may, belong to the fubjefts of 
 either Kingdom ; by which it is plain, that we have the fame privilege totranfport 
 our effefts, notwithftanding of former reftraints, from one part of Britain to 
 another, which your Majefty'sfubjedls of Berwick, Newcaftle, Rriflol, &c. do en- 
 joy, in importing now to Scotland, without any control, all fuch goods, both of 
 Englifli and foreign manufafiiure and growth, as were before the Union exprefiy 
 prohibited by our laws : And farther, by the twenty-fifth and laft Article of the 
 faid Treaty, it is by Statute enacted, that all Laws and Statutes in either Kingdom, 
 fo far as they are contrary to, and inconfiftent with, the Articles of the Union, 
 Ihall from and after the Union ceafe and become void ; whereby it evidently ap-- 
 pears, that the prohibitions and reflridlions that might have been of force on either 
 fide, while we were feparate kingdoms, are now made void and for ever to ceafe. 
 
 Being then founded upon fuch clear and evident grounds, and yet much more 
 upon the affuring experiences that we have always had of your Majefty's juftice, 
 equity, and unparalleled goodnefs; we do, with all fubmifllon and humility, be- 
 feech and obteft your Majefty, that you would be pleafed to give fuch orders to 
 your High Treafurer, and Commiffioners of Cuftoms, and others in England, that 
 the aforefaid heavy and vexatious grievances may be remedied and removed, that 
 fo the hearts and interefts of all your good fubjeds may be united to your Ma- 
 jefty's fatisfa^ion and perpetual glory»
 
 686 APPENDIX. 
 
 N° C s- 
 
 The Claufe propofed in the F.nglifh Parliament, to prevent the French 
 Goods being Imported through Scotland. 
 
 AN D whereas it is well known, that, in divers foreign parts, great quanti- 
 ties of goods and merchandizes have lately been (hipt, and are now fhip- 
 ping, with intention to be carried to Scodand, and to be imported there, paying 
 only the low duties in that Kingdom, before the fird day of May, 1707, but 
 with a manifeft defign to have the fame brought coaft-wile, after the faid firft 
 clay of May, from that part ol Great Britain now called Scodand, to that part of 
 Great Britain now called England, Wales, or the Town of Berwick upon Tweed, 
 without paying the high duties which are now payable in England, and which, 
 after the faid firrt of May, will be alfo payable in the whole United Kingdom 
 of Great Britain for the like goods imported there, which praflice, if it be not 
 timely prevented, does apparendy tend, not only to her Majefty's damage in her 
 revenue, but to the ruin or impoverifhment of many fair traders, who have 
 flocks of fuch commodities in either of the faid Kingdoms, by giving unreafonable 
 advantages to foreigners : Be it therefore enafled, by the authority aforefaid, 
 that all goods and merchandize imported, or to be imported, into Scotland, be- 
 tween the firft day of February to the faid firft of May, 1707, from any foreign 
 parts beyond the fea, and fhall after the faid firft day of May be brought by 
 fea or land into England, Wales, or the Town of Berwick upon Tweed, uniels 
 fuch goods or merchandizes were fhipt from any fuch foreign parts as aforefaid, 
 for the fale, account, and rifque, of forae of her Majefly's natural-born fubjefls 
 of Scotland, and be afterwards brought from Scotland to England, Wales, or 
 Town of Berwick upon Tweed, as aforefaid, upon the like account and rifque, 
 and unlefs fuch refpeflive goods and merchandize, from the time they were 
 fhipped in foreign parts, till the time they were brought into England, Wales, or 
 Berwick, by the way of Scotland, as aforefaid, did wholly and l^oiia fide belong 
 to fome of her Majefty's laid lubjefts of the Kingdom of Scotland, as the owners 
 thereof fiiall be chargeable with, there fliall be paid or fecured for the fame fo 
 much money as, together with the monies which fliall have been aflually paid 
 upon the importation into Scodand, fliall compleat all the fubfidies, impolitions 
 and other duties which are to be paid or fecured for the like goods or mer- 
 chandize, in cafe they were imported dire(511y into England before the laid firft 
 day of May. 
 
 And
 
 APPENDIX. 687 
 
 And in cafe fnch Goods and Merchandize be fo brought in and landed before 
 fuch payment maJe, and fecuricy given (as the cafe requires), the goods fo landed 
 fliall and may be feized, and the fame and the Importers thereof be liable to 
 fuch Penalties and Forfeitures as by the laws of England are prefcribed for 
 landing the like goods without paying or fecuring her Majefty's duties, or for 
 defrauding her Majefty thereof; and, if any doubt or queftion fhall arife, whet'her 
 the goods and merchandize fo brought in, or any of them, were brought from 
 foreign parts by the way of Scotland for the fale, account, and rifque of fomc 
 of her Majefly's fubjei^ts of that kingdom, within fuch days and times as afore- 
 faid, or were their property in fuch manner as aforefiid, the onus probc.nJi fliall 
 lie upon the perfon or perfons that Ihall claim the faid goods and merchandize, 
 and not upon the feizer, informer, or profecutor. 
 
 The Humble Addrefs of the Scots Merchants at London, to the Right 
 Honourable the Lords Spiritual and Temporal allembled in Pailia- 
 ment, againfl: palling the Bill for laying Duties upon Goods which 
 may be brought by her Majefty's Subjedts from Scotland to England 
 after the coinmencement of the Union. 
 
 BY the Articles of Union, raofl folemnly ratified in Scotland and England, 
 it is exprefly declared, Thar, from and after the firft of May 1707, the 
 Two Kingdoms fliall be united into One, called Great Britain, and that all the 
 fubjefls of either Kingdom fhall have full freedom and intercourfe of trade 
 and navigation to and from any port or place within the faid United Kingdom, 
 and that there Ihall be a communication of ail other rights, privileges, and ad- 
 vantages, which do or may belong to the fubje(fls of either Kingdv;m. 
 
 It is humbly conceived, that the bill now before your Lordihips is direflly 
 contrary to thefe Articles of Union ; for nothing can be a greater hindrance to 
 the freedom and intercoufe of Trade than the laying fuch high duties on goods 
 brought from Scotland to England as are by this bill intended to be impofed on 
 her Majefty's En^lilh fubjcfls, and the Scots refiding here, whereby they are 
 deprived of their jufl: right of bringing goods from Scotland to England by tran- 
 fire duty-free, which is plainly granted to them by the fourth Article of 
 Union, &c. ' 
 
 The
 
 688 APPENDIX, 
 
 The exception in this bill, pretended to be in favour of the natives of Scotland 
 redding there, deftroys tbeir privileges alfo, becaufe it only allows them to bring 
 fuch goods, dutyfree, into England, after the Union commences, as have been 
 before that time laden beyond feas, and imported into Scotland on their ov/ti 
 accounts, but not to bring any fuch as they have bought, or may buy, at 
 their own markets, whereby this retrofpeft bill will (lop the circulation 
 of trade, and entail ruin on all the traders in Scotland, by confining fuch 
 quantities of goods to that part of Great Britain as will exceed the confumptioa 
 thereof. 
 
 The Scots being alfo hindered by this bill from bringing, duty-free, unto Eng- 
 land, any goods imported into Scotland before the firft of May, whereof they have 
 not been the fole proprietors from the time they were firft (hipped off beyond 
 feas for Scotland until brought into England, they will be prevented from bring- 
 ing their own parts of any goods wherein the Englifli had any (hare at the time 
 of importation into Scotland. 
 
 And, a particular hardfliip to the Scots, the bill irapofeson them tl c unfupport- 
 able onus probandi, whereby they will be obliged to prove their fole property 
 from the time of buying the goods beyond feas to their arrival in England, in order 
 whereto their faflors, mariners, coopers, warehoufe keepers, porters, and a great 
 number of other fervants, mud be all produced together at the Exchequer bar, 
 and all maintained during their voyages and journies, and abode in London ; fo 
 that the evidence, neceffary on this occafion, will cod at leail 300 /. fterling for 
 each parcel of gords, befides all the delay and vexation of a tedious courfe of 
 law, and the fevere penalties in cafe they fhould, by one neglefl or misfortune, 
 fail in the lead particular of an abfolute proof. 
 
 This bill will not anfwer the propofed end of advancing her Majedy's revenues, 
 but feems to be founded on midaken notions of trade, fince, after the Union com- 
 mences, the difadvantages or conveniences to Great Britain will be equal, whether 
 the goods then in Scotland remain, and be confumed in that or any other part of 
 the United Kingdom. 
 
 1 he allowances granted in fome Articles of the Union, whereby the regulation 
 of minute circumdances is left to the Parliament of Great Britair, feems to be an 
 unanfwerable argument that, where no fuch liberty is given, even the Parliament 
 of Great Britain was not intended to have the power of making any alterationg 
 or regulations; and as the lad Article of the Union confirms the whole by re- 
 pealing all laws in either Kingdom which are contrary to the Articles, thi» 
 bill, if it fhould pal's into an A<S1, and all other laws, being inconfiftent with the 
 Articles or any of them, will, as it is humbly conceived, be void after the fird of 
 
 Thii
 
 APPENDIX. 689 
 
 This bill differs little from the former fent up to your Lcrdlhips laft Seffion, 
 which your Lordfhips did not then think fit to pafs. 
 
 Therefore it is hoped that your Lordfliips will not pafs this Bill, being, 
 as is humbly conceived, more injurious than the former, and which 
 can only ferve to advance diftinftions and animoficies between the Sub- 
 je£ls of Scotland and England, and prevent that Union of Hearts 
 which her Majefty fo gracioiiily recommended from the Throne. 
 
 *,x,* Note, This Bill is unnecefTary in reference to Foreigners, who can have 
 no benefit nor fliare iu the communication of Trade and Privileges mentioned in 
 the 4th Article ot Union, the fame being thereby prudently rvftriflcd to the 
 Subjeds of both Kingdoms. 
 
 N" E 3. 
 Obfervations upon the Fourth Article of Union. 
 
 I. T~7QyiTY and reafon places the Subjedts of the fame Kingdom on equal 
 
 A_i foot, when they are cemented together in AfFeiflion, Laws, Trade, and 
 Intereft : this will be the eafe after the Union, when agreements on each fide are 
 fulfilled ; but when England and Scotland were feparate, they who fubmitted 
 propofed the Terms and Equivalents of an Union ; and when thefe are granted 
 and agreed, (hould be honourably maintained with the greateft nicety and 
 favourable interpretation to the weakefl. The reputation of England abroad is 
 founded on the (lability of their Treaties, as much as on the ftrength of their 
 Arms, Treafure, or Conftitution. 
 
 With the fame ftrength of reafon and equity may the Scots defire that Englifh- 
 men, fince February laft, ihould be fubjeft to the onus probandi, for Goods in 
 their poffefiion, imported by foreigners, or for account of foreigners under 
 covert. 
 
 By the fame rule of reafon, that the Englifh require an augmentation of Duties 
 on Goods imported into England, may the Scots defire that Goods in England 
 ftiould be taxed with Scots Duties, and then both Kingdoms would be on equal 
 terms. 
 
 The eftablifliment of the Union was a communicatory contract, agreed and 
 fixed by perfons equal in knowledge and freedom of will. The matter in debate 
 was propofed, argued, and covenanted ; afterwards confirmed, in the inofl: 
 
 4 T folema
 
 690 APPENDIX. 
 
 foleinn and authentick manner, by the Parliaments of both Kingdoms, and 
 cannot now legally, and in a decent or friendly manner, be touched or amended 
 in any point but by the Parliament of Great- Britain, who are the competent 
 judges of the rights, privileges, and conveniences of the United Kingdoms; 
 when the general good, fafety, and intereft, of the whole will, with its natural 
 weight, fway the balance of Kquicy; when England will have no reafon to repine 
 at any accidental advantage which Scotland may get by the Union at its 
 commencement, fince it will not only enable, but encourage, that part of the 
 United Kingdom to undergo with chearfulnefs their future reflriflions and 
 taxes. 
 
 II. To the fecond reafon the anfwer is plainly obvious, that the Sixth, Seventh, 
 Fifteenth, and Eighteenth Articles of the Union, were confented to by Scot- 
 land, in confideration of an Equivalent ; and the fenfe of the Commiffioners, on 
 the point of Cuftoms, is more fully explained in the Fourteenth Article of 
 Union, viz. " That the Kingdom of Scotland fliall not be charged with any Duties 
 " laid on by the Parliament of England before the Union, except thefe con- 
 *' fented to in this Treaty." 
 
 Certainly the Scots never expe<fl^ed, that, in the interval between the ratification 
 of the Articles and the commencement of the Union, the Parliament of England 
 would have laid the o/ius probandi upon 'the Subjefts of Scotland, and for a time (a 
 far backward ; nor that a greater proof for the property of Goods fliould be required 
 from the Subjefts of Scotland than what is llipuiated for juftifying their intereft 
 in fliipping by the Fifth Article of Union, by which they are free from all 
 perplexing trials at the Exchequer bar, and are treated therein as friends and 
 men of probity, by referring the proof of their intereft to their proper oath, to 
 be taken in the port next to the abode of the owner. This fhous that the 
 Scots never would have confented to undergo the onus prohay-idi in England, for 
 any Gqods in their puffeflion, belonging to them at or betore the Union. 
 
 It was abfolutely impofllble to attain this Union without a free communication 
 ©f Trade; and, in.confeqoence, as abfolutely impoffible to hinder the Scots from 
 trading, as Scotfmen, in their own Kingdom, until the Union commences ; or 
 from trading afterwards, as Britains, when the Union takes place. To deny 
 them the firft privilege is to takeaway their birth right ; and to debar them from 
 the latter advantage would be a grievous detriment, and a fenfiblc injury,^ 
 becaufe it touches their property at prefenr, and weakens their hopes of advan- 
 tage in future by the Union ; at Icait it will make them think their title preca- 
 rious and uncertain. 
 
 After the firfl: of May, 1707, when the Union is to commence, the Goods - 
 then brought from Scotland to England, and vice vcrjd, cannot in any fenfe be 
 6 fuid
 
 APPENDIX. 691 
 
 faid to be either exported or imported ; feeing, whether by land or Water, they 
 will only be carried from one place to another within the fame Kingdom: and 
 therefore this mitter cnn no wnys be comprehended under the Sixth Article. 
 
 III. To the third reafon, That the fair Traders of Enghind will be great 
 fufFerers, &c. it may be anfwered, That a certain fort of fair Traders, com- 
 monly diftinguiflied by the charafter of well-meaning F s, are greater fuf- 
 
 ferers daily, by the cunning contrivances of (lock jobbers, and other over- 
 reaching praiHlces in Commerce, they would nor cenfure a man who can take up 
 money a' ^ per cent, from private perfons, and at the fame time can lend it to 
 the Government at 8 per cent. If by the fair Traders be meant the Wine- 
 merchants or Vintners, thofe who know their method of management will admire 
 how they have gained this chara(fler : allowing it, however, to them for once in 
 "complaifance, their damage will be as foon forgot as the lofs of a fhip is on the 
 Exchange; and their lofs will be recompenfed by a publick advantage, which 
 happens but once, and will be of very (hort continuance. The Nobility and 
 Gentry of England may drink the Qiieen's health, and profperity to the Union, 
 in a glafs of claret at 2 j. 6 d. per i:\uin, on which the beft of the Nation faves 
 2 s. feeing the Vintner fells his mixed liquor at ^s. 6 d. The Scots Merchant or 
 Importer from Scotland cannot gain nor fave by his falc one-fourth part of what 
 the Englilh Nation does ; and the proportion will hold the fame upon whatever 
 quantities of Goods are imported from Scotland, if it were poffible, to the value 
 of a million of money. The Nation of England, .in this time of jubilee, will be 
 by far the greateft gainer. If the fole profit redounds wholly to the Scots 
 Merchants, or to the Importers from Scotland, then the price of Goods will be 
 kept at their prefent height, and the fair Traders of England cannot lofc by the 
 flocks of Goods now on their hands. 
 
 IV. That the Revenue of the Cufloms will be very much diminifhed, may be 
 anfwered, That this is not a real lofs, but accidental and imaginary; for without 
 the Union and Freedom of Commerce, thofe Goods would not have been imported ; 
 and I am perfuaded, the Qj-ieen u'ould rather lofe the value of the Goods im- 
 ported, than fufier the foundation of the Union to be undermined, or her Sub- 
 jeifs in Scotland to undergo hardfliips from which, in virtue of this Union, they 
 may fo reafonably expeft an exemption: and, I believe, all her Majefty's friends 
 and well-wi(liers to Great Britain will cordially praile her fentimrnts, and readily 
 concur in fufpecfling the affertions of fome gentlemen as to the quantities of 
 Goods expelled from Scotland. Thefe very perfons would not be afraid of 
 finding money, in a day's time, to pnrchafe the whole at prime-cort:, anl to put 
 themfelves in place of the Scots: then ihey would cry up the Union as facred, 
 
 /Sf V 2 as
 
 6cj2 APPENDIX. 
 
 as the firmeft foundation of our Conftitution, and would feverely cenfure the 
 lead: encroachment. 
 
 V. To the fifth and mofl important reafon, The promoters of the bill are 
 great men in their way, but in comparifon with Great Britain like two drops of 
 vater to the Ocean ; and in their greatefl fplendour are only valuable fo far as 
 they are ufeful to the common good : It is humbly conceived, every prudent 
 man will conclude it is better to let a few men grumble than to difguft a King- 
 dom andthebeft of Queen's, by endangering the Conftitution of Great Britain. 
 
 N° F. 3. 
 Commlffion and Proclamatioii naming Jtifticesof Peace within Scotland. 
 
 ANNE, by the grace of God, Queen of Great Britain, France, and Ire- 
 land, Defender of the Faith, to our Lyon King at Arms, and his bre- 
 thren Heralds, Macers of our Privy Council, Purfuivants, Meflengers at Arms, 
 our Sheriffs in that part, conjunflly and feverally, fpecially conftitute, greeting : for- 
 afmuch as the appointing of Juftices of the Peace, in that part of our Kingdom of 
 Great Britain called Scotland, will contribute to the Peace, Quiet, and good 
 Government thereof, and to the fpeedy and impartial execution of Law and Juftice 
 to all perfons fubjected to their power and jurirdi(fiion ; therefore, and 
 for the furtherance of thefe ends, we, with advice of the Lords of our Privy 
 Council in Scotland, do hereby nominate, conftitute, and appoint, the perfons 
 after fet down, for the refpeftive Shires and Burghs after-mentioned, to be 
 Juftices of the Peace within the fame, in manner and to the effeft after expreft, 
 giving, granting, and committing, to the faid perfons and their quorum, appointed 
 by the Aft of Parliament one thoufand fix hundred and fixty-one, within their 
 refpeflive bounds, full power, warrant, and commiflion, to exerce the office and 
 offices of Juftices of the Feacej and to do, ufe, and prafiife whatever to that 
 truft: doth appertain by the Laws and Afts of Parliament of Scotland -, and more 
 efpecially by the thirty-eighth Aft of the Parliament, one thoufand fix hundred 
 and fixty-one years, intituled, " Commiflion and Inftruftionsto the Juftices of the 
 " Peace and Conftables;" and which inftruftions are here held as repeated; as 
 alfo to do, ufe, and exerce, whatever doth appertain to the faid office and truft 
 by virtue of the Laws and Afts of Parliament made in England before the Union, 
 more particularly fo far as the fame may concern the office or duty of Juftices of 
 the Peace in the refpeftive bounds, in all matters relating to our Cuftoms and 
 Excifc, for the better obfervation of the Articles of the Union in all points; as 
 alfo vvith full power to the faid Juft.ices of Peace and their quorum forefaid, to 
 
 appoins
 
 APPENDIX. 693 
 
 appoint Conftables conform to the fald Aft of Parllamcnr, one thoufand fix hun- 
 dred and fixty-one, within their refpeftive bounds, and according to the tenor 
 and inftruftions fet down therein for Conftables in all points, the faid Juftices of 
 the Peace, and their Clerks refpedtive, taking and fwearing the oath of Alle- 
 giance, and fubfcribing the fame, with the affurance, as alfo taking the oath 
 de fideli adminijiratione -dX their firft meeting, which is hereby declared to be upon 
 the fecond day of September next to come for all thefe befouth the water of Tay, 
 and upon the fixteenth day of the faid month of September next, for all thefe be- 
 north the faid water of Tay, at the head Burghs of the refpeftive Shires and 
 ' Stewartries above-mentioned; likeas, they are hereby ordained to report their faid 
 taking and fwearing the oath of allegiance, and fubfcribing the fame, with the 
 affurance, to the Clerk of our Privy Council in Scotland within ten days thereafter : 
 and it is hereby provided, that this our Commiffion, granted to the faid Juftice& 
 and each of them, within their refpeiftive bounds as alorefaid, is only to endure 
 during our pleafure, and until we (hall recal the fame : likeas, it is further pro- 
 vided and declared, that it ftiall be always leifom to us to add to the number of 
 Juftices of Peace within the refpeftive bounds aforefaid, by a Letter or Warrant 
 \3nder our Royal hand, fuch perfons as we Ihall from time to time think fit • 
 which perfons, fo to be added, fhall have the fame power and authority as if 
 their names were exprefsly contained in this our Commiflion and Proclamation ; 
 as likeways, referving to us our full power to remove or fufpend any of the faid 
 Juflices of Peace from their faid trulls and imployraents, by a Letter or 
 Warrant under our Royal hand: and, laftly, we, with advice forefaid, do hereby 
 declare all former Commiffions to Juftices of Peace preceding the date hereof to 
 be void and null. Our will is herefore, &c. 
 
 N° E. 3. 
 
 Copy of her Majefly's CommlfTion to the Juftices of Peace of Edinburgh 
 Shire, with the Powers and Inftrudions to the whole Juftices ia 
 North Britain. 
 
 A KNE, by the grace of God, Queen of Great Britain, France, and Ire- 
 -^^ land. Defender of the Faith, &c. to our deareft Hufband George Prince 
 of Denmark, the mofl reverend Father in Chrift and our faithful Counfellor 
 Thomas Archbifhop of Canterbury, Primate of all England and Metropolitaa 
 thereof, our well-beloved and faithful Coufellor William Lord Couper Chaii. 
 
 cellor
 
 6^^ APPENDIX. 
 
 cellor of Great Britain, &c. Know ye, that we have made anct afilgned you, 
 conjunctly and feverally, and each one of you, our Juftices for preferving the 
 Peace in our Shire of Edinburgh, and to the l<eeping of the whole A6cs, Laws, 
 and Statutes, for the good of our People and keeping thereof; a|)d for the 
 quiet Rule and Government of our people in all and fundry articles thereof 
 within your faid Shire, as well within the Liberties as without the fame ', and for 
 the keeping and making the fame to be keeped, according to the ftrength, form, 
 and efFeft of the faid Laws, and for the chaftifing and punifliing delinquents or 
 tranfgrelTors of the forefaid Cufloms, Laws, and Statutes, or any of them, 
 within your faid Shire, according and conform to the Cuftom, Laws, and Statutes, 
 made or to be made; and for making all thofe who do menace or threaten one 
 another of our People of their bodies, or of burning their houfes, find fuffi- 
 cient fecurity to the Peace -, and that ye caufe them come before you or any of 
 you for thateffefl; and if they dial 1 refufe to find fuch fecurity, then you fhall 
 caufe them be keeped fafely in our Prifons until they find the faid fecurity ; as 
 alfo, we have given to you, and each two or more of you, of whom any of 
 you above-named, George Prince of Denmark, the Archbifliop of Canterbury, 
 Chancellor of Great Britain, &c. we will to be one of our Jufiices for inquiring 
 conform to the Law and Cuftom of the Land, concerning all and whatfomcver 
 Felonies or capital Crimes, Witchcrafts, Inchantments, magical Arts, Sorce- 
 ries, Tranfgrefllons, Foreftallings, Regratings, Ingroffings, and Extortions wharfom- 
 ever, and all and every other malefices andOffences, concerning which the Jullice of 
 our Peace may lawfully inquire into, or ought to inquire into, by whomfoever or 
 whatfomever perfons within the faid Shire the fime be aisled or done, or which 
 hereafter fhall happen there to be done or attempted; as aifo concerning all 
 thofe who within the faid Shire fhall either go or ride armed in Conventicles 
 contrary to our Peace, in moleftation of our People, or hereafter fliall prefume 
 fo to go or ride; as alfo, concerning all thofe who there lie in wait for hurting, 
 demembrating, or killing of our fubjefts, or who hereafter (liall prefume to lie in 
 wait; as alfo, concerning all Inns and Pubiickhoufes, and all and fundry other 
 perfons, who have tranfgreffed in abufmg of Weights and Meafures, or in falc 
 of Visuals, contrary to the Form, Laws, and Statutes, or any of them, mada 
 for the common good of our People, or concerning them who have attempted to 
 tranfgrefs, or hereafter fhall prefume to tranfgreis and attempt the fame ; and 
 ficklike concerning whomfoever Sheriffs, Baillics, Stewarts, Conflables, Keepers 
 of Gaols, and other Officers, who unduly behaved thcmielves in the execution 
 of their Offices concerning the PremilTes, or any part thereof, or who Ihall 
 hereafter prefume to behave themfeives unduly, or who have been mean, remifs, 
 or negligent, or for hereafter fhall happen to be fo within your faid Shire ; and 
 
 concerning
 
 APPENDIX. 095 
 
 concerning all and fundry articles and circumftances, and other things whatfo. 
 ever, done or perpetrate by whomfoever or whatfoever perfons in your faid 
 County, or which fhall happen to be done or attempted for hereafter, concerninff 
 the full truth of whatfoever fort of the premifles, cr any of them, and to loolc into 
 whatfomever Indiftments or Libels made, or to be made, before you, or any of 
 you, or made and taken before the late Juflices of our Peace within the faid 
 Shire, and not yet determined : as alfo to procefles thereupon concerning all and 
 fundry fuch Indiftments and Accufations, or by making and compelling them 
 who fliall happen hereafter to be indidled or accufed before you, until they be 
 taken, and deliver themfelves, or be outlawed or denounced Rebels, and to hear 
 and determine all and fundry Felonies, capital Crimes, Witchcraft, Inchant- 
 ments, magical Arts, Sorceries, Tranfgrellions, Foreflallings, llegratings, In- 
 groffings, Extortions, Conventicles, Indiflments, and, moreover, all and fundry 
 others the Premifles, conform to the Laws and Statutes of the Kingdom, as the 
 fame ufed to be in the like cafes ; and for chaflizing and punifliing the fame 
 Delinquents, and each of them, in their own crimes by fines, redemptions, 
 amerciaments, and out-laws, or any otherwife accuftomed to be, or ought to be, 
 conform to the Law and Confuetude of the Land, or the Form, Law, and Statute 
 of the fame: Providing always, that if any difficulty (hall happen to arife at 
 determining of any of the Premifles, before you, or any two or more of you, 
 then you fliall not proceed in it to give judgment, except in the prefence of one 
 of our Lords of Jufticiary, or one of our Judiciary holding the Circuit 
 Courts affigned in your faid 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 Premifles; and that you, or 
 any two of you, or more, appi/uu for that end certain times and places, 
 and diligently make enquiry in the PremiflTes, and hear and determine all 
 and fundry the PremiflTes, and make and caufe thefe things to end and 
 be fulfilled according to the forefaid form made thereanent, which pertains to 
 the Jufticcs of Peace, conform to the Law and Confuetude of the Land. Referv- 
 ing to us the amerciaments and others arifing to us therefrom, we, be the tenor 
 hereof, charge you, our Sheriffs of Edinburgh, that at fuch certain days and 
 places as two or more of the faid Jufl;ices ihall acquaint you of, you caufe fo 
 many and fuch honeft and lawful men of your Shire, as vpell within the Liber- 
 ties as without the fame, come before you the faid Juftices, or any two or more 
 of them, as faid is, by whom the verity of the matter in the Premifles may be the 
 better known and determined ; and we alfo charge our Cuftos Rotulorum, or 
 Keeper of the Rolls of our Peace within the faid Shire, that he caufe fliort 
 precepts or minutes of Procefles or Indi<5lments come before you at the faid days 
 
 and
 
 6^6 APPENDIX. 
 
 and places, that they may be enquired into, and duly ended and determined,' as 
 faid is. In teflimony whereof \ire have made tliir prefencs patent, witnefs myfelf 
 at Weftminfter, the 13 of May, and of our reign the 7 year. 
 
 Sic Subfcribitur, WRIGHT. 
 
 N= H. 3, 
 
 Anno Sexto Annze Reglnae. 
 
 An A£l for rendering the Uuioa of the Two Kmgdoms more intlre 
 
 and complete. 
 
 WHEREAS, by her Majefty's great wifdom and goodnefs, the Union of 
 the Two Kingdoms hath been biappily effected, and ^he .vhole 111 ind is 
 thereby fubjed to One Sovereignty, and reprefented by One Parliament ; to the 
 end therefore that the faid Union may be rendered more complete and intire, be it 
 enacted, by the Queen's moft excellent Majefty, by and with the a/vice and 
 confent of the Lords Spiritual and Temporal and Commons in this prefent Par- 
 liament affembled, and by the authority of the fame, that from and after the firft 
 day of May, in the year of our Lord one thoufand feven hundred and eight, 
 the Queen's Majelty, her Heirs and Succeflbrs, ihall have but One Privy Council 
 in or for the Kingdom of Great Britain, to be fworn to her Majefty, her Heirs 
 and Succeffors, as Sovereigns of Great Britain; and fuch Privy Council fliall 
 have the fame powers and authorities as the Privy Council of England lawfully 
 had, ufed, and excrcifed, at the time of the Union, and none other. 
 
 And to the end the publick peace may be in like manner preferved throughout 
 the whole Kingdom, be it further enafled, by the authority aforefaid, that in 
 every Shire and Stcwartry within that part of Great Britain called Scotland, and 
 alfo in fuch Cities, Boroughs, Liberties, and Precinds, within Scotland, as h«r 
 Majefty, her Heirs or Succeffors, fliall think fit, there (hall be appointed by 
 her Majefty, her Heirs or Succeffors, under the Great Seal of Great Britain, a 
 fufficient number of good and lawful men to be Juftices of the Peace within their 
 refpcftive Shires, Stewartries, Cities, Boroughs, Liberties, or Precinfts, which 
 perfons, fo appointed, over and above the fevend powers and authorities vefted 
 in juftices of the Peace by the laws of Scotland, fliall be further authorized to . 
 -do, ufe, and exercife, over all Perfons within their feveral bounds, whatever 
 doth appertain to the ofiice and truft of a Jufticc of Peace, by virtue of the 
 
 Laws
 
 APPENDIX. 6gj 
 
 Laws and A£>s of Parliament made in England before the Union, in relation to 
 or for the prefervation of the public Peace; provided, neverthelcfs, that, in the 
 SefTions of the Peace, the methods of tryal and judgments (hall be according to 
 the Laws and Cufloms of Scotland. 
 
 Provided that noiliina in this Atft contained (ball be con(trued to alter or in- 
 fringe any RijIus, Liberties, or Privileges, heretofore granted to the City of 
 Edinburgh, or to any other Royal Borough, of being Judices of the Peace 
 wl hin their refpeftive bounds. 
 
 And whereas by an Aft made in Scotland, in the third Seflion of tljc fecond 
 Puliamentof the late King Charles the Second, intituled, " An Act concerning 
 " the Retjulation of the Judicatures," feveral good and wholefome provifions 
 were made concerning the Juftice-Court, and amongft others it was thereby 
 en.^ded, that once a year Circuit- Courts (hould be kept at the time and places in 
 the faid A6t mentioned : Now, for the better and fpecdier adminiAration of Juflice 
 and further prefervation of the publick Peace in that part of the Kingdom of 
 Great Britain called Scodand, be it alfo enabled by the authority aforefaid, that for 
 the future twice in the year, that is to fay, in the monrhs of April or May, and 
 in the month of October, Circuit-Courts fliall be kept in the feveral places ia 
 the faid A£l mentioned, and in manner and form as in the faid A<ft contained. 
 
 And for the more uniform and exprefs method of elefting and returning 
 Members of Parliament, be it likewife further enafted by the authority 
 aforefaid, that, when any Parliament (hall at any time hereafter be fummoned 
 or called, the Forty-five Reprefentatives of Scotland in the Houfe of Com- 
 mons of the Parliament of Great Britain (hall be elected and chofen by autho- 
 rity of the Queen's writs, under the Great Seal of Great Brita-n, direcfled to 
 the feveral Sheriffs and Stewarts of the refpeffive Shires and Stewartries ; and the 
 faid feveral Sheriffs and Stewarts (hall, on receipt of fuch writs, forthwith give 
 notice of the time of Eleftion for the Knights or CommiiTioners for their refpec- 
 tive Shires or Stewartries; and at fuch time of Eleftion the feveral Freeholders in 
 the refpe^live Shires and Stewartries (hall meet and convene at the Head-Burghs 
 of their feveral Shires and Stewartries, and proceed to' the Eleftion of their 
 refpedive Commiirioners or Knights for the Shire or Stewartry ; and the Clerks of 
 the faid meetings, immediately after the faid Eleftions are over, (hall refpeftive'y 
 return the names of the perfons elected to the Sheriff or Stewart of the Shire or 
 Stewartry, who (hall annex it to his writ, and return it with the fame into the 
 Court out of which the writ ilTued : and as to the manner of Eleclion of the 
 lifteeii Reprefentatives of the Royal Boroughs, the Sheriff of the Shire of 
 Edinburgh (hall, on the receipt of the writ directed to him, forthwith direct 
 his precept to the Lord Provoll of Edii^burgh, to caufe a Burgefs to be elefted 
 
 4 U for
 
 698 APPENDIX. 
 
 for that City; and, on receipt of fuch precept, the City of Edinburgh fhall eleft 
 their Member, and their common Clerk (hail certify his name to the Sherilf of 
 Edinburgh, who fliali annex it to his writ, and return it with the fame into the 
 Court from whence the writ iflfued : and as to the other Royal Burghs, divided into 
 fourteen ClafTes or Diftrifts, the Sheriffs or Stewarts of the feveral Shires and 
 Stewartries {hall, on the receipt of their feveral writs, forthwith direft their 
 feveral precepts to every Royal Borough within their refpeftive Shires or Stewart- 
 ries, reciting therein the contents of the writ, and the date thereof, and com- 
 manding them forthwith to cleft each of them a Commiffioner, as they 
 iifed fonnerly to eleft Commiffioners to the Parliament of Scotland, and 
 to order the faid refpeftive Commiffioners to meet at the prefiding Borough of 
 their refpeflive Diflrift (naming the faid prefiding Borough) upon the thirtieth 
 day after the day of the tefte of the writ, unlefs it be upon the Lord's-day, com- 
 monly called Sunday, and then the next day after, and then to choofe their 
 Burgefs for the Parliament : and the common Clerk of the then prefidii'g Borough 
 ihall, immediately after the Eleftion, return the name of the perfon fo elefted to 
 the Sheriff or Stewart of the Shire or Stewartry wherein fuch prefiding Borough 
 is, who fhall annex it to his writ, and return it with the fame into the Court 
 from whence the writ iffued : and, in cafe a vacancy fhall happen in time of 
 P rliament, by the deceafe or legal incapacity of any Member, a new Member 
 Ihall be elefted in his room, conformable to the method herein before appointed ;. 
 and, in cafe fuch fuch vacancy be of a lleprefentative for any one of the faid 
 Fourteen Claffes or Diftrifts of the faid Royal Boroughs, that Borough, which 
 prefided at the Eleftion of the deceafed or difabled Member, Ihall be the pre- 
 fiding Borough at fuch new Eleftion. 
 
 Provided always, that, upon the iffuing of writs of fummons for the elefting of a 
 Parliament, if any Shire or Stewartry, wherein a Royal Borough is, hath not 
 then a turn or right to eleft a Commiffioner, or Knight of the Shire or 
 Stewartry for that Parliament, that then it fliitll be omitted out of the writ 
 direfted to fuch Sheriff or Stewart, to caufe a Knight or Commiffioner for that 
 Shire or Stewartry to he defied for that Parliament* 
 
 N"
 
 APPENDIX. 699 
 
 A Proclamation concerning EngUfli Coin. 
 
 ANNE, by the grace of God, Qi^ieen of Great Britain, France, and Ire- 
 land, Defender of ihe Faith, to our Lyon, King at Arms, an.t his 
 brethren Heralds, Macers of our Privy Council, Mcffengers at Arms, our 
 Sheriffs in that part, conjunctly and feverally, fpecially conflitute, greeting : 
 Forafmuch as, by the fixteenth Article of the Treaty of Union betwixt the Two 
 Kingdoms, it is provided, that, from and after the Union, the Coin fliall be of 
 the fame flandard and value throughout the United Kingdom as now in England ; 
 and, &c. [a declaration of the Parliament's approbation, and in what terms 
 following] : that therefore we, with advice of our Privy Council, have appointed, 
 and hereby appoint, the places and perfons entrulled, and the day and time 
 ordered by the faid remit of Parliament, to be as follows, "viz. the towns of 
 Edinburgh, Glafgow, and Aberdeen, to be the places for telling in of the faid 
 money; and that at the Town of Edinburgh there be three tables and diftinft 
 offices for receiving in of the money ; one in the Inner-houfe, where the Lords 
 of Seffion are in ufe to meet ; another in the laigh Council-houfe, where tlie 
 Magiflrates of Edinburgh were in ufe to meet ; and the third in the New-room, 
 for the meeting of the Burrows on the Low Exchange ; and that each of tlie 
 faid tables be attended with a fufficient number of Tellers and Clerks for writing 
 certificates, to be appointed by the Magiftrates of Edinburgh ; and further* 
 that, at each Office or Table, there be prefent one of the Lords of our Privy 
 Council, and one of the faid Magiftrates ; as alfo, that one of the faid Lords, and 
 one of the faid Magiftrates, with a fufficient number of Tellers, and a Clerk, 
 go to the Bank-office for telling the Englilh Silver- money in the Bank ; as like- 
 wife, that at Glafgow and Aberdeen there be competent Tellers kept at the 
 refpeftive Council-houfes of the faid Burghs, attended by fufficient number of 
 Tellers and Clerks; and that the Magiltrates of the faid Burghs refpeftively, 
 at leaft three of them, be prefent at the receiving and telling in of the laid 
 money; and that the day for telling the faid money be the feventeenth day of 
 April next to come; and that the attendance begin, at the refpeftive places above- 
 mentioned, at fix in the morning, and con'inue till twelve a clock; and to begia 
 again at two in the afternoon, and continue till fix in the evening the faid day; 
 at which tiiues and places, all perfons withm this kingdom, having money of 
 the Silver coin of England, are required to prefent and offer their faid money to 
 be told, that they may receive Certificates in manner above and after-mentioned, 
 
 4 U 2 and
 
 70O 
 
 APPENDIX. 
 
 and the perfons entrufted refpe^ively as above are hereby required to receive 
 from all perfons what Englifh money they have to prefent and tell down in their 
 prefence ; which being fo exhibite and told down, the faid perfons intruded are to 
 feal the fame up in bags, and detain it till the faid fix a clock of the fame day, 
 and immediately to deliver back to the owner, with a Certificate figned by the 
 perfons above-mentioned refpedive, ws. at Edinburgh, by the Lords of Privy 
 Council and Magiflrates attending at each Office and Table ; and at the Bank- 
 office, and at Glafgow and Aberdeen, by the Magiflrates of the faid Burghs, 
 or three of them refpef^ively, before two witneifes, bearing the fum exhibite and 
 told down, wuh the fum ordained to be paid out by the party to the Teller, 
 cfteirand to twenty pence upon each hundred pounds (lerling ; and the forefaid 
 perfons refpeftive above-named are hereby ordained to write down an exaft 
 account of the refpeftive Certificates to be granted by them, and of the perfons 
 names to whom, and of the fums that {hall be therein contained : and the faid 
 perfons, named and intrufled in manner forefaid, are hereby required and ordained 
 to fubfcribe the faid general accompt before witneffes, upon the fame day above- 
 mentioned, and to tranfmit the fame to the Clerks of our Privy Council without 
 delay, under the penalty of five hundred merks : and we, with advice forefaid, 
 bereby exprefsly difcharge the receiving in any Englilh money upon any other 
 day after the forefaid precife day appointed as faid is, or altering any Certificates 
 formerly granted, under the pain of falfliood and forgery: As likewife we, with 
 advice forefaid, difcharge the Englifli money to pafs at any higher rate than the rate 
 of England, at five Shillings fterlirg per Crown, and fo proportionally, and that it 
 Ihall be no otherways current, nor offered or received in Payments after the faid 
 day r And, further, we declare the faid Certificates, to be granted by the faid 
 refpe<flive perfons intrufted as faid is, are to be a fufhcient title for recovering the 
 lofs arifmg from the fums therein contained, and what was paid to the Teller 
 out of the Equivalent: And we, with advice forefaid, ordain the Commif- 
 Goners of the Equivalent to pay out the fame to the bearer of the Certificates, 
 without delay, lols, or defalcation ; and that how foon the faid Commiffioncrs 
 fiiall have received the fum of the Equivalent out of which the faid lofs is to be 
 repaired, declaring that the lofs to be made upon the faid Englifh money i& 
 only for the fpecies of Silver-coin :. Our will is therefore, &c. 
 
 N'
 
 APPENDIX. 7PI 
 
 N" K 3. 
 
 Proclamation, catling in the Scots Crowns old and new, the Forty, 
 Twenty, and Ten Shilling Pieces, to be re-coined. 
 
 ANNE, by the Grace of God, Queen of Great Britain, France, and Ire- 
 land, Defender of the Faith, to our Lyon King at Arms, and his brethren 
 Heralds, Macers of cur Privy Council, Purfuivants, MefTengers at Arms, our 
 Sheriffs in that part, conjun(^ly and feverally, fpecially conftitute, greeting. For- 
 -afmuch as we by our former proclamation of the date the nineteenth day of Sep- 
 tember laft, in profecution of the fifteenth Article of ihe Treaty of Union betwixt 
 the Two Kingdoms, for reducing the Coineof Scotland to the ftandart and value 
 of the Coin of England, and of the remit made by the late Parliament of Scot- 
 land to our Privy Council for that effeft, did, upon the grounds therein narrated,, 
 give full and diftinft orders to all our Hedges, owners and pofl'eflbrs of any fpecies 
 of foreign coin then current in Scotland, for bringing in the fame in order to be 
 recoined and reduced to the ftandart of England ; and thereupon did farder ordain 
 and declare, that, after the fixth day of Oflober, tben next, and now paft, all the 
 forefaid foreign fpecies of money ftiould be no more current, but only held and 
 repute as bullion, in manner mentioned in the faid Proclamation ; and that, after 
 the fifteenth day of the faid month of Oftober, it fhould only be received at the 
 Mint as bullion to be re-coined, without any confideration of lofs, and with the 
 benefit of a free coinage allannerly, with the exception contained in favours of 
 the Bank in manner mentioned in the faid Proclamation. And it being farder 
 refolved by our Privy Council in Scotland, after the calling in of the forefaid 
 foreign fpecies of money to be re-coined in the firll place, that then the prefenc 
 Scots coin now current in Scotland fhould alfo be called in, in order to the fiiid 
 reduftion, as our Privy Council ihould think fit : and there being fufficient pro- 
 vifion now made to prevent the want, and maintain the currency, of money and 
 fpecies ; therefore we, in purfuance of the faid refolve, with advice of our Privy 
 Council, have thought fit to intimat, and do hereby folemnly intimat to all our 
 Hedges, owners, and polTefi'ors of the feverai fpecies of our Scots coin following, 
 viz. Scots crowns, old and new, forty fhilling, twenty (hilling, and ten (hilling 
 pieces ; that they may, at their pleafure, bring in and offer the fame to the Bank 
 in Edinburgh, who will be ready to receive the faid Scots fpecies upon every 
 ordinary day of the week (Saturday excepted), betwixt eight and twelve in the 
 forenoon, and two and fix in the afternoon j and for which they are immediately 
 
 BPOD:
 
 702 APPENDIX. 
 
 upon the receipt to ilTue and give out their notes, or make payment in other 
 current money, to the faid owners and pofleffors, in the option of the demander, 
 and that betwixt and the tenth day of February next to come inclufive ; relerving 
 always to fuch as (hall not be willing to lodge their money in the Bank, liberty 
 and privilege of giving it in to the mint for re-coinage ia due courfe as faid is ; 
 and farder, we, with advice forefaid, do hereby ordain and declare, that, after 
 the faid tenth day of February next to come inclufive, all the forefaid fpecies of 
 Scots money, viz. crowns old and new, forty fliilling, twenty ihilling, and tea 
 fliijling pi' ces, (hall be no more current nor offered, nor receivable in any pay- 
 ments ; but (hall, from and after the faid day, be only held and repute as bullion 
 to be difpofed upon by the owners within the kingc'om as they (hall think fit, 
 except as to the Bank of Scotland at Edinburgh, by whom the fame (hall be re- 
 ceived at the full value, until the twent} fifth day of the faid month of February 
 next inclufive, and no longer, in manner above-mentioned ; declaring farder, that 
 the forefaid Scots fpecie^, hereby difchargcd and turned to bullion, as faid is, 
 fliall, from and after the faid twenty-fifth day of February inclufive, be only re- 
 ceived at the Mint, by whomfoever prefented, either by the Bank, or any other 
 of our Liedges, as bullion to be re-coined according to the faid (landart and 
 value of the coin of England ; but without any confideration of lofs which they 
 may thereby fudain, and with the benefit of a free coinage allannerly, as was for- 
 merly in ufe : excepting always herefrom all the faid Scots fpecies, that fliall be 
 given in to, and found in the Bank, before and upon the faid twenty-fifth day of 
 February, according to an accompt thereof, to be taken by order of our Privy 
 Council for certifying the fame, to the effeft that when given in by the Bank a^ 
 any time thereafter to the Mint for re-coinage, the Bank, and the Directors 
 thereof, may have their lofs, and allowance thereupon, made good to them as given 
 in before the faid day. Our will is therefore, &:c. 
 
 N° I. 
 
 KING Edward likewife, to perfeft the marriage between his fon Prince 
 Edward and Margaret Queen of Scots, with the general approbation o( 
 the Keepers, Nobles, and Natives of that Realm, granted and ratified to the Nobles 
 and people of Scotland ihefe enfuing Articles, agreed on by fpecial Commiflioners 
 fent on both fides, and approved by him by letters under his Great feal, which 
 he took an oath to obferve, under the penalty of forfeiting 1 00,000/, to the Church 
 of Rome, towards the Holy Wars, and fubjecling himfelf to the Pope's Excom- 
 munication*
 
 APPENDIX. 
 
 70s 
 
 irmnication, and his Kingdom to an Interdift, in cafe of violation or non-perform- 
 ance, as the following Patent (ci rolled both in Latin and French) attefls : 
 
 • Univerfis ad quorum notitiam prse femes Liters: pervenerint, Edwardus Dei 
 gratia Rex Angliar, &c. faluiem in Domino. Cum nos nuper ad partes Scoti:E 
 deflinaflemus venerabiles Patres in Chrifto Antonium Dunclmenfem & RaduU 
 phum Carliolenfem eadem gratia Epifcopos, & nobiles Viros Johanncm Ga- 
 rennffi & Henricum Lincoln Comites, VVillielmum de Vefcy Militem, & Magif- 
 trum Henricum de Newark, Decanum Ecclellie Ebor. noftros folempnes Nuncios 
 & Procuratores, qui noftro Nomine aliqua annuiflent & conceffiffenc Cuftodibus, 
 Epifcopis, Abbiuibus, Comitibus, Baronibus, ac toti Communitati ejufdem 
 Regni Scotice ; fi per eos fie concefla nobis & noftro confllio placuiffent ; ac 
 prcrdifti Nobiles ac tota Communitas Regni Scotise prsedifli ob hoc & alia ne- 
 gotia mififfent ad nos venerabilem patrem Robertum Dei gratia Glafgucnfeni 
 Epifcopum, & nobilem Virum Dominum Johannem Comyn, tuftodes Regnj 
 Scotice, ac venerabilem Patrem Alanum- eadem gratia Cathanenfem Epifcopum 
 fuos folempnes Nuncios 8c Procuratores : nos fuper prsedidtis per noflros Nun- 
 cios conceffis informaii & confulti, confiderantes etiam, & ponderantes amorein 
 & affe<nionem quam Gens pra^difti Regni Scotise habet ad nos, 8c filium noflrum 
 & hasredem Edwardum, conceffionem 8c faftum priediftorum Nunciorum noflro- 
 rum ratum habemus h firmum, prout de verbo ad verbum eft infra fcriptum de 
 tali tenore. Univerfis ad quos prtefcntes liters pervenerint, Antonius Dunel- 
 menfis, & Radulphus CarliolcnfisDei gratia Epifcopi, Johannes de Garenna, & 
 Henricus de Lincoln, Comites, Williclmus de Vefcy miles, 8c Flenricus de New- 
 ark Decanus Ecclefije Ebor. Procuratores fpeciales 8c Nuncii folempnes Mag- 
 nifici Principis Domini Eduardi Dei gratia Regis Anglias illuftris, falutem. 
 Cum inter cetera qu^e contingunt negotiura & tradiatum habitum inter exceilen- 
 tifiimum Dominum noftrum fupradiflum ex parte una ; 8c venerabiles Patres 
 Cuftodes Sc caeteros Epifcopos, Abbates, 8c totura Clerum, nobiles viros, Co- 
 mites 8c Barones, totaraque Communitatem Regni Scoti^e, ex altera, fuper Ma- 
 trimonio ccntiahendo inter Dominum Edwardum, filium 8c Hasredem prcdidii 
 Domini noftri Regis, 8c Dominam Margaretam natam egregii Principis Domini 
 Erici Regis Norwagiffi ejufdem Regni Scotice, hsereditaiiam Sc Reginam; a nobis 
 eflet petitum ex parte eorundem Cuftodum, PrEelatorum, Nobilium, 8c Com- 
 munitatis ipfius Regni Scotije, quod pro Domino noftro prasdifto 8c h^redibus 
 fuis, eis concederemus 8c fiimaremus, Jura, Leges, Libertates 8c Confuetudines 
 di£ti Regni Scotias, tarn Ecclcfiafticas quam Seculares, haftenus ufitatas 
 8c optentas: nos habita confideratione diligenti ad pacem &c trar.quUlitatem 
 utriufque Regni, &c mutuam dileclionem habitantium in eifdem, cunftis temporir 
 bus remanfuram, concedimus nomine 8i vice Domini noftii prcediCti & haercduni' 
 
 *■ fucrum.
 
 f64 APPENDIX. 
 
 ' fuorum, quod Jfura, Leges, Libertates & confuetudines ejufdem Regiii Scotise, 
 
 * in oiTTnibns & per omnia, per totum ipfum Regnum & ejus Marchiam, integre 
 
 * & inviolabiliter perpetuis temporibus obferventur: falvo jure dicfti Domini noftri, 
 
 * & alterius cujuflibet quod fibi vel alii cuicunque fiipcr his qua confiftiint in Mar- 
 
 * chia vel alibi ante prjefentis concefiionis tempora, competit, vel competere 
 
 * jufto mode poterit in futurum. Volentes & concedentes exprefle nomine di^i 
 
 * Domini noftri, hzercdum fuorum & noftro, quod deficientibus pr^diftis Edwardo 
 
 * & MargarercE, vel eorum altero, abfque liberis exrantibus, in omni cafu &c tventu, 
 
 * in quo ad proximiores hsredes regnum prcpdi^lum debeat de jure reverti, in- 
 
 * tegre, libere, abfoluce, abfque ulla fubjedione revertatur & reilituatur elfdtm ; 
 
 * fi forfan ad manus aritedifti Domini noftri Regis vel hceredum fuorum, ipfum 
 
 * Regnum Scotias aliquo cafu contingent devenire. Ita quod ratione priefentis 
 
 * fafti Domino noflro Regi, vel hseredibus fuis, aut alicui alii nichil accrefcat 
 
 * aliquatenus vel decrefcat. Similis vero fiat reftitutio, per prasdiftum Dominum 
 
 * noflrum Regem vel hceredes fuos, de corpore praedite Dominas Margarets, 
 
 * fi in eventu reverfionis hujufmodi, in ipfius vel baeredum fuorum fuerit po- 
 
 * teftate, fecundum formam ordinaiionis & conventionis faftce fuper hoc apud 
 
 * Sarum. Concedimus infuper & promittimus bona fide, Domini noftri prasdifti 
 
 * nomine & hajredum fuorum, quod quando pradifla Margareta, Domina & Re. 
 
 * gina Scotioe, maritabitur chariffimo nato & ha-redi ejufdem Domini noftri Ed- 
 
 * Wardo, dotabitur vel habebit in dotationem propter nuptias, de ceeteris terris in 
 
 * regno Anglic, prout decet congrue ftatum fuum, unde ipfa Regina 8c amici fui 
 
 * cdntenti rationahiliter eKe poterunt & debebant. Promittentes nihilominus vice 
 
 * & nomine prjedidi Domini noftri Regis & hsredum fuorum, quod Regnum Scotis 
 
 * remaneac feparatum & divifum & liberum in fe, fine fubjeftione a Regno Anglian 
 
 * per fuas reflas divifas & Marchias, ficut a retro haftenus extitit obfervatum. Salvo 
 
 * Jure didi Domini ~noflri & altefius cujuflibet, quod fibi vel alii cuicunque Aiper 
 
 * his,quas confiffUnt in Marchia vel alibi, ante prsfentis conceffionis tempora com-. 
 
 * petiet vel competere jufio modo poterit in futurum. Set quod Caftra & Fortalicia 
 ' de novo in Marcliia non firmentur, non fumus in hoc confuiti, quod dido Domino 
 
 * noftro Regi & fuis, talem imponercmus fervitutem, ubi anteceilores & homines 
 
 * fui ufifunt hadeilus firmare caftra, fortalicia, & domos in terris fuis, ficut fecerunt 
 
 * fui pfbgfenitores, quia alias majori fubjicerentur fervituti, quamillide Regno Sco- 
 
 * tia; vel aliqui antecelTorum fuorum. Ad hsc, expreffe concedimus pro codem Do- 
 
 * mino noftro & hairedibus fuis, quod capitula EccIefiarumCathcdralium, Collegiata- 
 
 * rum 8c Conventualium, qua: proprias liabent elcdiones, non compellantur exirc 
 
 * Regnum ipfum Scotia?; ad petendum licentiara eligendi, vel pra^fcntandi fuos elec- 
 ' tos, vel fidclitatemRegi Scotias facere feu Sacramentum. Etquodnullustenens in 
 
 * capite de praidido Rege Scotise compellatur exire Regnum pro homagio, fideli- 
 
 6 • tatc
 
 APPENDIX. ^05 
 
 tatc feu fine, pro relevlo faciendo. Illud idem viduls k miferablllbus perfon'u 
 in petendis & habendis dotibus & quccrenda Juftitia concedentes. Set in Regno 
 ipfo, aliquis ex parte difti Domini noflri Regis, nomine Domince Margaretiv; 
 ipfins Regni Reginee, & Domini Edwardi filii & h^ercdis Domini noflri pradifli 
 deputetur, ad jam difta repienda & eorum nomine facienda: falvo homagio 
 quod in perfonali Regis prsefeniia fieri oportebit, let fidelitate fafta, habeat 
 feifinam terrje fus fine dilatione per breve de capella.' * Nee quod aliquis dc 
 Regno Scolice, pro contrad:u inito, vel deliflo ccmmilTo in eodem Regno, vel ia 
 aliquo cafu teneatur, refpondere extra idem Regnum, contra Leges & con- 
 fuetudines ejufdem Regni, ficut haiftenus extitit racionabiliter obfervatum. Et 
 quod Sigillum Regni, quod nunc currit, pofl: mortem Regis teneatur & currat, 
 quoufquc Regina prasdidta venerit in Regnum fuum, & fecerit Deo & Eccleficc, 
 ac communitati ipfius Regni, in loco ad hoc ipecialiter deputato, quod fuerit 
 faciendum fecundum leges & confuetudines didli Regni, & quod tunc flat novum 
 figillum de confuetis armis & circumfcriptione nomine Regni Scotia; tantum, penes 
 Cancellarium ejufdem Regni, qui pro tempore fuerit, remanfurura. Volentes quod 
 habeant Cancellarium de Regno, & in Regno Scotia rcfidentem ad officium 
 Cancellarii exequendum. Et idem concedimus de Camerario, Clerico dc 
 Rotulis Capellae Domini Regis, Jufticiiaris, & aliis ejufdem Regoi Miniftris; 
 &quod nulla litera jus commune, vel gratiam continens fpecialem, de dicla 
 Cancellaria tranfeat, nifi fecundum folitum Si debitum curfum Capellse Regis 
 & Pvegni Scotias prffidiftorum. Reliqua vero Cartce, privilegia & alia muni- 
 menta, qux tangunt Regalem dignitatem & Regnum Scotia?, in tuto loco po- 
 nantur fub firma cuflodia infra Regnum Scotia:, & fub figillis majorum de Regno, 
 & per vifum eorum, donee prsdidla Domina venerit in Regnum fuum, &c pro- 
 lem habuerit fuperflitem, & prcedifta munimenta ac privilegia in fuis juribus 
 integraliter cuftodiantur. Et fnniliter, quod nulla fiat fubjeftio, alienatio, vel 
 obligatio rerum ad Regalem dignitatem regni Scotise pertinentium, donee prs- 
 didta Domina & Regina in Regnum fuum venerit, & Prolem fuperflitem habu- 
 erit, ut fuperius efi expreflijm : promittentes firmiter & concedentes, quod nati 
 & hsredes, Comitum, Baronum & Nobilium, qui pro tempore erunt in cuflodia 
 & maritagio Dom.ini Regis Scotise, pofl mortem antecefTorum fuorum, per 
 pradiflura Regem niillatenus difperagentur. Nee quod Parliamenlum teneatur 
 extra Regnum & March lam Scotise, fuper his qu£e contingunt ipfura Regnum, 
 vel Marchiam, feu Ihuum inhabitantium ipfum Regnum, nee etiam tallagia 
 auxilia, exercitus vel malatanta, exigantur a prccdidlo Regno, aut imponantur 
 gentibus ejufdem Regni, nifi pro communibus Regni negotiis expedirnd', & in 
 caflbus in ouibus Reges Scoti.s talia jrctere confueverunt. Ad quce omnia 
 fopradifla integre k fideliter oufervauda, prsdiftus Doraiuus nofler Res faciei 
 
 4 X « ia
 
 7o5 APPENDIX. 
 
 * in animam fuam jurari. Et Prslati ac Magnates Anglise infrafcripti, Tidelicct 
 
 * Cantuar. & Ebor. Archiepifcopi, ac Winton. Lincoln. Dunelm. & Carliol. 
 
 * Epifcopi, necnoii Nobiles viri Domini, Edraundus, Domini noftrl Regis Ger- 
 
 * raanus, & Cornvib. Pembrock. Gloverni^, Warennfe, Lincoln. NorfF. 8c SufF. 
 
 * Sc Oxen. Comites, fideliter procurabunt praemilTa firmiter obferraii. Et fi Rex 
 
 * egerit extra Regnum, quod locum fuum tenens, vel tenentes in cjns abfentia, 
 
 * vel hceres ipfius Domini Regis legitimte cetatis exiftens, aiu ejufdcm hccredis 
 
 * cuftob fen cuftodes, dum fuerit minoris a;tatis, quilibet in fiio cafu pueftabunt 
 
 * feu proeflabic confimile Sacramentum. Promittimus etiam, quod prasdiclus Do- 
 
 * minus nofler Rex, pro fe & hreredibus fuis, abligabit fe ad reflitutionem di<^i 
 
 * Regni faciendam in cafibus fupradiflis, fub popna centum millium librarum 
 ' fterlingarum, folvendarum Eccle(i£e Romans in fubfidium terrK fanclffi. Ec 
 ' priEter hiEc quod Dominus Papa diftum Dominum noftrum Regem & htEredes 
 
 * fuos pofiit per fententias excommunicationis in perfonas, 8c interdifli in Regnura 
 ' h terras eorundem, tarn ad Regni prsdidli reflitutionem, quara ad pcenje folu« 
 ' tionem, fi commiffa fuerit, coliercere ; principal! obligatione nihilominus in fuo 
 
 * robore duratura. Concedimus infuper & promittimus nomine Domini noftri 
 
 * Regis prsdifti, quod idem Dominus nofler prjefentem obligationem propriis 
 
 * fumptibus & pro viribus faciat, infra annum a tempore fponfalium inter prs- 
 
 * didos Edwardum Sc Margaretam contradorum, articulatim per fummum Pon- 
 
 * tificem confirmari, Sc infra idem tempus, communitati Regni Scotis liberari i 
 
 * quod fi infra annum pr33di(51um id facere non poterii, illud quam citius potuerit, 
 
 * fieri impetrabit, ita quod illud perficiatur : Et fi hoc non faciat fuo tempore, 
 
 * quod h^redes fui ad id faciendum bona fide tencantur. Proteftamur etiam in 
 
 * hiis fcriptis, quod omnia prasmifla taliter intelligantur, quod juri unius Regni 
 
 * vel alterius ratione pra^fentis fa6li, nichil decrefcat aliqualiter vel accrefcat . 
 ' Nee alicui Regum Regnorum prsediflorum, qnin libere habeant (latum fuum. 
 ' In quorum omnium & fingulorum prasmifforum teftimonium & evidentiara 
 
 * pleniorem, figllla nofira prcefentibus duximus apponenda. Dat. apud Brigb, 
 ' die Martis proxima ante feflum bcatffi Margarets Virginis, videlicet 15 Kal. 
 
 * Augufti anno Domini 1290 ; & ad majortm hujufmodi ratificationis & confir- 
 
 * mationis noftra ac omnium prtedif^orum autlioritatem & evidens teftimonium 
 
 * has literas noftras fieri fecimus patentes, figillo ncftro Regio configuatas. Dat. 
 ' Norht. 2S die Aug." 
 
 But the death of this Qnecn, a little before her defigned voyage towards Scot- 
 land and England, put a period to all the promifed procurations, patents, 
 articles ; fruftrated this much defired marriage between Prince Edward and her, 
 and raifed new queflions between the competitors for the Crown, which of 
 I hem was next ijcir thereunto, who all refcned the final dccifion thereof to 
 King Edward. 
 
 N°
 
 APPENDIX. 707 
 
 N^ 2. 
 
 NICHOLAUS Epifcopus, fervus fervoriim Dei, dileflo fillo nobill viro Ed- 
 wardo nato chariflimi in Chrifto filiinoftri, Edwartii Regis Anglia.' illuftris, 
 falutem & Apoflolicam benedlftloneii. Pet'uio tua nobis exhibita contincbar, quod 
 propter contiguitatem Anglite, Scotixque regnorum diverfa fcandala, rancores, & 
 odia inter ipfa fcgna & eorum Reges haclenus funt exorta, ex quibns nonnulla 
 rerum Sc corporum contigiire pericula dignofcuntur, ficque cum clara; memoriae 
 A. Rex Scoiije fit viam univerfaj carnis ingreflus proprio mafcullno genera non 
 extante, & dile^la in nobis Chrifto filia Margareta iiata chariffimi in Chiifto fiiii 
 noflri Erici Norwegiffi Regis illuftris, Nepiis praedicfli Regis Scotia, regno ipfi 
 Scotife regi futcedat veriliuiiliter dubitarur, quod fi forfan Regnum ipllim ad ma- 
 nus alterius ex ipGus Margarette contrahendo conjiigio proveniret, de facili poffent 
 hujufmodi fcandala, rancores Sc odia pulkilare, ac provenire ex ipfis pericula 
 graviora ; unde ad hujufmodi periculis obviardum, ac ad fedandum & obli- 
 vifcendum fcandala, rancores, & odia fupradid:a, & ad procurandum & nutri- 
 endum veras pacis & dileflionis commoda, inter prjcdiifta Regna & incolas eorun- 
 dem, defideras cum pradidta Margareta matrimonialiter copulari. Set quia tertio 
 confanguinitaiis gradu quo tu Si eadem Margareta, nata ex quadam Margareta 
 confobrina tua pr^fati Norweg. Regis Uxore, vobis attiuctis ad invicem prohi- 
 bente, id non potefl perduci legitime ad affedum, Apodolicffi fedis licentiam fuper 
 hue humiliter implorafti -, nos itaque in prsdiflis Regnis & ubique locorum Deo 
 & Romantc Ecclefia; devotorum, pacem &concordiam affcctantes 8c intendentes ad 
 id (ludia quae poflumus adhibere ; Sperantes quoque quod ex hujufmodi matri- 
 monio, fi fiet, memoratis Regnis, odiorum tenebris inde propulfis, profperitatum 
 quampiuriiuT), dante Domino, incrementa provenient. Confiderantes etiam, quod 
 fi predi^um Rcgem patrem tuum, juxta fui voti prsefagia, contingat ia icnx 
 fan6l3e fubfidium proficifci, pofllt ipfi Regi fuoque Regno & tibi, & per con- 
 fequens prsefatje terra fandse negoiio, fi alii pra^difta Margareta nuberet, de- 
 perire. Penfantes infuper, quod nulla ex hujufmodi provenire debere fcandau 
 verifimiliter formidantur. 
 
 Hiis & aliis dignis confiderationibus fubfiftentlbus excitali, tuis fuplicationibu- 
 annuentes, tecum & cum Margareta pracfata ut inpedimento confanguinitaiis 
 hujufmodi non obftante matrimonium invicem legitime contrahere, ac in contradto 
 licite reinanere poffitis, authoritate Apoftolica de fpeciali gratia difpenfamus ; 
 prolem fufcipieudam ex te ac difta Margareta ex hujufmodi raatrimoino nunciantes 
 ex nunc legitimam, de Apofiolica plenitudine poteftatis. Nulli ergo oranino ho- 
 niinum liceat banc paginam noftrx difpenfationis infringere, vcl ei aufu temerario 
 contraire. Si quis autem hoc attemptare prafumpferit, indignationem Omnipo- 
 
 4X2 tcntis
 
 ToS APPENDIX. 
 
 tentis Dei, & beatorum Petri & Paiill Apoflolorum ejus, fe noverit incurfurum.^ 
 Dat. Iloms apud Santam Mariara raajorcm, i6 Kal. Decembrisj Pontificatus 
 aoftri anno fecundo. 
 
 N° 3. 
 
 MAgnifico Principi & amico fuo kariffimo Domino Erico, Dei gratia, Regl 
 NorwagijE illuftri, Edwardus Dei gratia Rex AngHa', Dominus Hiber- 
 ni£E, & Dux Aquitania?, falutem, &c profperis feniper fucceffibus habundare. 
 Cum ex liberal! benignitate fedis Apoftolicje fufficiens & plena nobis difpenfatio 
 dc fillo noflro Edwardo & Margareta filia veflra Regina Scotiie matrimonialiter 
 adinvicem copulandis, non obftante confanguinitatis gradu, quo Cbi adinvicem 
 attinere nofcuntur, per fan<ftiffimum patrem noftrum Dominum Nicholaum ejuf- 
 t^em fedis ac univerfalis Ecclefife fummum Pontificem, rite & infpirante gratia 
 Salvatoris fit concefla, & realiter jam obtenta ; ad quod utique cuftodes. Magnates, 
 Prselati ac tota communitas prredidli Regni Scotias, unanimi & expreffa voluntate 
 fuum priebuerunt jam confenfum ; id quod vobis, ut confidimus, propter utriuf- 
 que Pxcgni Anglic Sc Sco:s fecundam profperitatem & mutuam utilitatem placi- 
 dum & acceptum efTe, verifimiliter attendarous, vedram ferenitatem regiam re- 
 quirimus & rogamus attente, quatenus ad tarn felicem di£lse difpenfationis & co- 
 pula conjugalis effcftum profequendum finaliter & connplendum, prsdiflse Do- 
 mince Margarete filia? ad partes noflras Anglicanas adventum curetis adeo tempef- 
 tive maturare, ut obnixius obftringamur. Grave fiquidem gereremus, fi noftra 
 bine inde vota in hoc aliqualitcr difcreparent, aut faltem protelare faceretis, quod 
 in hac parte regiam Celfuudincm non deceret. Valcat & vigeat felicitcr Regia 
 Majeftas veflra, & profperis femper floreat incrementii. Dat. apud Aumbrifbury, 
 J 5 Kal. Mali, anno Regni noftri decimo o£lavo. 
 
 Eidem Regi, Edwardus Dei gratia Rex Anglic, Dominus Hibernins S: Dux 
 Aquitaniffi, falutem, & profperis femper fucceffibus habundare. Ad frequcntem. 
 fc voiivam inflantiam venerabilis patris Domini Antonii Dei gratia Dunolm. 
 Epifcopi veftram de Regno Scotice utilitatem afFeftantes, & veheracnter profe« 
 quentis, quam utique nos in hoc & in aliis appetimus fceliciter profperari, damus,. 
 concedimus, & committimus eidem Epifcopo plcnam & fpecialcm potertatem & 
 authoritatera plenariam, vobifcum per fe, vel per fuos procuratores, aut nuncios, 
 fpeciales, traftandi, conferendi, ordinandi juramento, fcriptis vel obligationibus^ 
 fuo & noftro nomine, fi necefle fuerit affirmandi negotia, vos & nos Filium nof- 
 trum & Eiliam veflrara contingentia, fecuudum quod magis viderint cxpedire. 
 
 Ratura
 
 APPENDIX. 
 
 10 ft 
 
 Ratum habentes & firmum quicquld per prnedi(flum patrem T>undm Epifcopum 
 vcl nuncios aut procuratores fuos, vtl eorum aliquos, ad hoc fpecialitcr deputatos 
 faftum, ordinatum vel affirmatum fiierit fuo & noftro nomine in pia?mifll-. la 
 Cujus, kc. Sigillum noftrum fecimus prcefeutibus append!. Dat. apud Wodcftck^ 
 10 die April, anno, &c. eodem. 
 
 Et memorand. quod iftte duze liters, licet fint de data in eis contenta, irrotulatJB 
 fuerunt hie, eo quod tangunt faftum Norwag. & nichilominus ifta ultima Uteri 
 irrotulata eft in Rotulo patentium de anno xvii menfe April. 
 
 N" 4. 
 
 OMnibus has literas vifuris vel audituris, Edwardus, &c. falutem. Noveritis- 
 nos literas cuftodum Regni Scotiae comniuni figillo Regni ejuTdem fignatas^ 
 non cancellatas, non abolitas, nee in aliqua fui parte vitiatas>. in forma quae fequi- 
 tur, infpexiffe. Excellentiffimo Principi Domino Fdwardo Dei gratia Regi An- 
 glic illuftri. Domino Hibernice, & Duci Aquitania?, cuftodes Regni Scoci^ peir 
 communitatem ejufdem Regni, falutem, & continuum femper gloria & honoris 
 incrementum. Notum vobis facimus per pr^fentes, quod cum ad preces 8c in- 
 ftantiam veftram, ad prKfentiara veftram venerabiles in Chriflo Patres W. & R. 
 permiffione divina Saniti Andrea? & Glafguen. Epifcopos, nobiles viros Robertum. 
 de Brus patrem, Dorainum Wall. Anand. & Johannem Comyn deftinemus- pro 
 quibufdam rebus feu negotiis, vobis per quofdam folempnes nuncios Domini Regis 
 Norwag. illuflris, fiiggeftis, ficut per literas veftras nuper nobis railTas didicimus;. 
 damus & concediraus prajdiftis deftinatis poteftatem &c mandatura traftandi cum 
 diftis nunciis Norwag. coram vobis, fuper rebus feu negotiis vobis expoCtis per 
 eofdem, & ea qus erunt in vellra pnefentia ab utraque parte concorditer or- 
 dinata, aiRrmandi. Salvis tamen in omnibus & fmgulis &. per omnia libertate & 
 honore Regni Scotise ; Ratum & gratum habituii quicquid per prffidi(ftns deftinatos 
 in veftra prafcntia tra(f}atum fuerit & affirmatum; dummodo ex hoc Regno Scctiie 
 & ejus incolis nullum impoflerum prrejudicium generetur. In cujus rei tellimo- 
 nium, has literas patentes figillo regimini Regni Scotiae deputato fecimus figillari, 
 Dat. apud !Mjona(lerium de Melros, tertio. die Oiflobris, anno gratise 1289. In 
 cujus, &c. 
 
 Memorand. quod ifta litera figillataliberxitafuit in Ecclefia beat^ OTarise Sar-unfi 
 feptimo die Novenibr. anno, ^c decimo feptimo, per manum venerabilis panis 
 R. Bathon & Wtllen. Epil'copi Cauceilar. Regis, nunciis. Regis Morwag. Et litera 
 
 originalis
 
 7fo APPENDIX. 
 
 originalis una cum lltera fubfeqiiente, eodem die in eadem Ecclefia, Ilberata fult 
 per manus ejiifdem Cincellarii Domino Epifcopo Dunelm. In prsefentia vene- 
 rabilis patris Domini Wigorn. Epifcopi, S: Domini W. de Va!en. & J. de 
 AVarenna. Cotn. Sarr. per manuni ejufdem Epifcopi Dunelmen. in Garderoba 
 Regis liberand'. 
 
 N'5. 
 
 OMnibus lias literas vifuris vel audituris, Edwardus, bf-c. falutem. Noveritis 
 nos 'iteras ferenifluTii Principis Ericii, eadem gratia Regis Norwag. illuftris, 
 iigillo fuo fignacasj, non cancellatas, non aliolitas, nee in aliqua fui parte vitiatas, 
 ■in forma quce fcquitur, infpexiffe. Excelientiffimo & magnifico Principi, affini 
 & amico fuo kariffimo, Domino Edvvardo Dei gratia Regl Angli^e. Domino Hy- 
 bernia;, & Duci Aquitanise, Ericius eadeu: gratia Rex Norwag. falutem, 8c fincera; 
 dileflionis conftantiam, cum honoris & glorice perpetuis incrementis. Noverit 
 vetlra Majeftas Regia, quod nos dileflos ac fideles noftras, Tirrlcium de campis 
 ludi Baronem Petrum Aigothi, quondam Regni Suet. Cancellar. Thorwaldi de 
 Shetland, Si Guthorinum de Oflcya, Milites, latores prjefentinm, facimus, con- 
 ilituimus, &: ordinamus, nollros veros & legitimos procuratores & nuncios fpeciales, 
 ad tra^landum & conferendum cum Serenitatc veftra, fuper quibufdam negotii?, 
 nos 8c filiam noflram kariflimam Margaretam conllinguineam veftram, Dominam 
 ac Reginam Scotije, ac ipfum regnum fuum'Scotis tangentibus : Dantes & conce- 
 cientes eifdem nunciis & procuratoribus noflris authoritatem plenariam & man- 
 datum fpeciale ad fl:al)ilienda prsedifta negotia, & ad omnia alia facienda fine quibus 
 prasdifla negotia expedlre non poffint, prout nobis & filice noftrse fupradidas me- 
 lius credere videriut ad commodum & honoretn. Ita tamcn quod fi omnes hiis 
 expediendis intereffe nequiverint, tres vel duo ex ipfis nichilominus in negotiis 
 procedant fupradifli?. llatum babituri & gratum, quicquid per diftos nuncios 
 & procuratores noftros, feu ipforum tres vel duos faftum fuerit 8: ordinatum in 
 praimiffis feu quolibet prafmifTorum. In cujus rei teftimonium prsfens procura- 
 torlum figilli noftri appenfione duximus roborandum. Dat. apud Civitatem Ber- 
 genf. Kal. April, anivj Regni noftri decimo. In cujus rei teftimonium, has 
 liieras nollras fieri fecimus patentes. Telle meipfo apud Clarendon, 6 die Noverabr, 
 anno Regni noftri decimo feptimo. 
 
 N»
 
 P P E N D I X, 
 
 N^ 6. 
 
 7n 
 
 REX Prclatis, magnatlbns, ac toti communitati Regni Scotias, falutcm & 
 dilecflioncm linceram. Quia ncgotia, qiicp contingunt kariffimam confan- 
 guineam noftraitij Margaretam Dominam & Rcginam Regni cjufdcm, ad hcK 
 norem Dei, & tranquillitatem totius commuuitatis ejufdem Regni, ac com- 
 modum & piofeflum ipfius confanguineas noftrie pra-diif^ae bene & fidelitcrprof- 
 perari, totis defideriis peroptaimis ; vos requlrimus & rogamus attente, quatlnus 
 cuftodibus ad regimen difli Regni nomine prcedicla- nofliit confangiiinere deputatis, 
 taliter intendentes fitis 8c obedientes, quod nos & Domina veftra antcdida poffimiis 
 & debeamus fidelitatera veftratn habere merito commendatam. Proponimus fiqiii- 
 dem ftatim poft inftans Parliamentum noftriim London, ad partes veftris Scotia 
 aliquos de noftro concilio deflinare ; per quos ac etiam per ipfius terrjE cuftodes 
 de ftatu ejufdem Regni, quern appetimus tranquiilum & pacificum fcmper 
 effe, certificati eritnus, Deo dante. Dat. apud Clarendon, ut fupra. Et funt 
 claufte. 
 
 CU M cgregius Princeps Eryk, Rex Norvve3'e, k Domina Margareta nata 
 Regis ejufdem, Domina Regina & hceres Regni Scotiie, requifivilTent per 
 fuos folempnes nuncios, Dominum videlicet Terricum de Campis ludi, Pfetruin 
 Algothi, & Guchorinum de Afeleya, magnificum Principem Dominum Edwardutn,. 
 Dei gratia illuftrem Regem Anglize, quod ipfe opem apponeret & confilium, 
 qualiter prasdifla Regins nepta; fuse obediretur, ut Domina Regina, h litres 
 Regni Scotice fupradifli, 5c quod ipfa inde ordinate poflit pariter Sc gaudere, 
 proutaliisfaciuntRegesregnisjprsfatusDominus Anglia; Rex illuftris, pro bono 
 pacis difti regni ScotiSj & reformatione flatus fus nepts, jam diftaj, Cuftodi- 
 bus regni Scotije Uteras fuas mifit, quod Cuffodes ipfi mitterent peifonas nominar 
 tas 8c certas, qui poteflatem haberenr traftandi formam aliquam pro fe & aliis^ 
 ad emendationem difti regni ScoticE, 8c reformatione flatus Reglnse iam dicla- 
 lidem quoque Cuftodes, ad requifitionem liujufmcdi Domini Regis Anglix pr;£!i- 
 bati, miferunt, juxta effedura requifitionis ejufdem, venerabiles in Chrifto patrcg 
 San<5ti Andrea 8c de Glafcuen Epifcopos, & nobiles viros Dominos Robertuin 
 de Brus, Dom. Val. de Anaunt, Si. Johannem de Comyn, ad tiaOandura prout 
 fuperius efl jam dictum; qui apud Sarefbur. venientes, ad menfem Sandti Mi. 
 -eliaelis, prox. nunc elapfum^ ad quem locum prediftus dominus Rex Angli:^? 
 
 hQiioxSih'ilss:-
 
 ?ia 
 
 APPENDIX. 
 
 hoRorabiles in Chrifto patres Dominos Godefridum Wygorn. k Antonium Diinel- 
 menfem Epilcopos, ac egregios viros, dominos Guilliclm. de Valenc. Pembiok. h 
 Tolnnnem de Garenum Cora, pro traftatu prcEdiclo tranfmifit, qui fimiliter venientes 
 ibideiii ad traftand. ex parte ipfius Regis Anglia^ cum nunciis Norweye, & nomina- 
 tis ScGtorum fupradiflis, poil difceptationes inter eos varias & tractatus^ in formam 
 tandem talem pariter concordarunt, videlicet, quod pr^efata Domina Regina ?< 
 litres in regnui^i veniat AngliiE aut Scotia? citra feftum omnium Sanflorum proxi- 
 mo jam futurum, ab omni contraftu maritagii & fponfalium libera & qui eta ; 
 ^ hoc prefati nuncii Norweye, quantum in ipfis eft, bona fide promiferant, 
 fe pTocuratores futuros & curatores citra terminum jam przediftum, nifi Re- 
 gina rationabile & allocabile eflbnium habeat in hac parte. Promifii: infuperbona 
 fide jam diftus Pvcx Angliffi, quod fi prxfata Domina ab omni contraftu Maritagi, 
 &: Sponfalium, in manum fuam aut cuftodiam libera veniat & quieta ; & quando 
 Reo-num Scotije affecuratum bene fuerit & in pace, ita quod Domina ipfa fecure 
 •venire valeat, &c in eo morari, ipfumque Regem Anglise per gentem Regni Scotiie 
 requiri contingct, idem Rex Anglias eandcm Dominam in regnum Scotize mitter, 
 ita liberam & quietam a contraflibus, de quibus fupcrius eft locutum, ficut recepit 
 candem. Jta tamen quod bona gens Scotia, antequam ipfam Dominam recipiant, 
 fufficientem faciant fecuritatem & bonam Regi Angliae prjenotato, quod pra;- 
 diflam Dominam, nifi per ordinationem ipfius, voluntatem k, concilium, ac per 
 affenfum Domini Regis Norweye Patris ipfius Dominse nullatenus maritabunt. 
 Prsenominati vero Miffi Scoiiae promiferunt fimiliter bona fide pro fe & alils Regni 
 Scotise quod ipfi affecnrabunt terram Scotis antequam dida Domina veniat in 
 candem, & quod fecuritatem fibi facient, quod inibi ut in Regnum fuum fecure 
 venire poteiit, 6c pro fuje voluntatis liblco commorari, prout ipfius terrte vera 
 Domina, Regina, &c Hceres, quodque de pra^miflis omnes fecuritates praftabunt, 
 x\ux rationabiles fuerint, & quas diiii nuncii Norweye ipfos facere pofle dicent. 
 Quod fi forfan de Cuftodibus aut Miniftris aliquis vel aliqui difti Regni Scotiic 
 ipfis de Norweya vel Regin^e przediiflas inutiiis vel inutiles, fufpiciofus aut fuf- 
 piciofi extiterit vel extiterint, totiens Miniftri & Cuftodes amoveantur hujufmodi, 
 quotiens opus erit, & meliores alii de Regno Scotise loco ponentur eorum, fccun- 
 <ium confiderationem & providentiam proborum hominnm tcrrarum Scotias & 
 Norweyse, & illorum infuper quos ad hoc praelibatus Rex Anglife duxcrit dcfti- 
 nandos. Si autem illi de Scotia & de Norwegia in hac parte concordare non 
 poffmt, medianiibus ope k conlilio genrium Regis Anglic^ fupradifli, tunc res ex ilia 
 parte fe teneat, cui gerites ij fius Regis Angliffi confilium concordaverint. Et hoc 
 nedum fit attendcndiun in expreftis fiiperius, fet & in omnibus difceptationibus, 
 <\ux inter eos in difto Regno Scotic-e refultabunt, cjufdem Regni ftatum &,re- 
 formationem coniingentibus quoquoraodo. Placet enim partibus, quod difti 
 6 Reg"' 

 
 APPENDIX. 7,3 
 
 Regnl Scotia: flatus hujufinodi Angl. & Norweye Regibus rcportctiir, Iteiti con- 
 cordariun partes prKdifts, quod ad mcdiam quadragefimam proximo jam futuratn 
 erit gens Scotlce apud Rokefiiurgh. h in circuitu loci ejufdera, gens vcro quam 
 tranfmittet Rex AngWx ad recjuifitionem iiiorum de Scotia 5c Norweya in parti- 
 bus de Warks, & de Karhin. eodem die erit. Ad quem diem promiferunt iili de 
 Scotia bona fide de affirm;inda pra^mifTis omnibus Sc complendis, tarn de fecurita- 
 libns, quam cundlis aliis fuprafcriptis, quiv contingunt emendationem Regni 
 ScotlcE memorati: & hoc in iiiorum pr^efentia, quos prnefatus Rex Anglic ad diftos 
 diem tranfmittet & loca, ut videre pofliiit prasdifta firmitet adimpleri. Et in 
 teftimonium prsfcriptorum prnsfati procuratores Regis Norweye & MIffi de Scotia 
 huic fcripto cirographato in tres, pecias, quarum duje in Galico penes Regeni 
 Anglic-E & illos de Scotia, & tertia in Latinum tranilata, penes procuratores Nor- 
 weye refident, fua appofuerunt Sigilla. Et ad requifitionem Procuratorum Nor- 
 weyse, & nominatorum Scotise predldtorum prsefati Domini Wygorn. & Dunel- 
 men. Epifcopi, ac de Pembrok. & de Garcn. Comites fuprafcripti fua fimiliter 
 pra^fentlbus appofuerunt Sigilla in teflimonium prsemiflbrum. Dat, apud Salef- 
 bury Dominica in Feflo Sanfti Leonardi, Anno Dom. 1289. 
 
 N° 8. 
 
 REX Thefaur. & Camerariis fuis falutem. Libertate de Thefauro noflro 
 Magiflro GifFredo de Vezano, Domini Paps Clerico, quinque millia Mar- 
 carum per manus fuas eidem Domino Pap^ liberand. de Annis Regni noflri 12 
 13> I4i 153 Sc 16. videlicet, de quolibet Anno mille Marcas, quem idem Domi- 
 nus Papa percipit ad Scaccarium noflrum. Et recipiatis ab eodem Magiftro 
 Giffredo fafficientem quietanciam de pecunia fupradifta. Tefte Regc apud Ledes, 
 18 die Augufti. 
 
 N^ 
 
 REX omnibus ad quos, &c. falutem. Sciatis nos conceffifTe renerabilibus pa- 
 tribus, Willielmo Dei gratia Sanfti Andreje, & Roberto Glafguen. Epif- 
 copis, ac nobilibus viris, Roberto deBruys, Domino VVal. de Anant. &Johanni 
 Comyn, qui ad nos ex parte cuftodum Regni Scotia nuper venerunt in nuncium ; 
 & Terrico de campis Ludi, Fetro Aigoti, & Guithorno de Affebeye, Nunciis & 
 Procuratoribus egregii Priacipis Domini Ericii Regis Norwag. <^iod fi Domina 
 
 4 Y Rlargareta
 
 714 
 
 APPENDIX. 
 
 Margr.reta nata Regis ejafdem, noflraque ncpta, Dcmina Regina ScHceres Scoticp, 
 in partibus Anglic veniat, ah omni concrafta Maritagii & Sponfalium libera & 
 quieta, nos ipfam domiceilam ita liberam & quietamab oaini contrticlu Matrimonii 
 & Sponfalium probis hominibus Regni Scotise ad eorumrequifitionem liberabimus, 
 quam cito terra Scotise priedifta affecurata fuerit & in pace. Ita quod ipfa Do- 
 mina fecure venire valeat in eandem, & inibi commode commorari; flib tali tamen 
 modo, quod pra?dicli probi homines Regni Scotise antequam pi Eei'at;>m recipiant 
 Dominam, fufficientem ponent fecuritatem 8c bonam nobis & Regi Norwag. fu- 
 pradifto, quod ipfam Dominam nullatenus maritabunr, nifi de conlenfu noftro, & 
 Regis Norwag. fupradifti, & hjeredum fuccedentium nobis Regi Anglic, fi de nobis 
 interim contingat humaniter vel in remotas partes a noftro Regno prsedifto con- 
 tigeret nos transferre. In quibus cafibus hceredesnoftros, ac liceredumnoftrorum, 
 & Rtgni Cuftodes in noftri abfentia obligamus ad piffimiffa fervanda, quce pro- 
 mifimus bona fide. In cujus rei tellinionium, &c. Tefle Rcge apud Clarendon. 
 6 die Novembr. 
 
 Et funt DuplicatJE & funlliter llberatJe per manum venerabilis Patris R. Bathon, 
 & Wellen. Epilcopi Cancellar. Regis apud Sarum 8 die Novembris, Willielmo 
 de Bliburg. per manum fuam liberand. unana videlicet nunciis Regis Norwag, 
 & aliam nunciis Cuftodura Scotia. 
 
 N° lo. 
 
 ATouz ceus qi ceffe lettre verrunt ou orrunt, Roberd par la grace de Deu 
 Evefke de Glafguen. & Johan Com}n Gardeyns du Reaume de Efcoce e 
 Alayn per meime. la grace de Deu Evefqe de Chattenes folempnes Meffages & pro"' 
 cururs des autres Garde} ns, & des Evefqes, Abbes, Priors, Countcs & Baruns e 
 ds tote la Commune de Efcoce, faluz en Den. Come les honurablcs peres en 
 Deu Anntoyi>e de Dureme, & Rauf deCardoyl par la grace de Deu Evefqef, « 
 les nobles homes Johan de Garenne Sc Henry de Nichole Countes, Sire Guilliam 
 de Vefcy, e Meftre Henry de Newerk deen del Eglife de Everwyk, efpeciaus 
 procururs 8c folempnes Meffages !e noble Prince Sire Edward par la grace de Deu 
 Roy de Engletcrre, pur aeons perils & fufpccions qe il auoient entendu, nus euffcnt 
 de par meimes le P«.oy de E"gleterre'demaunde la garde des Chafliens & de Forte- 
 lefces du Reaurhe de Efcoce & de Ccle demauiide.departir ne voleynt faunz Con- 
 ceillier lou Scgriiur le Roy avauntdir. Nus fur ceo e autres chofes venimes a la 
 prefence meimes le Roy de Engletcrre avauntdit. Qiii fcur celes chofes conccil e 
 
 deliberation
 
 A P P E N D I X. 
 
 715 
 
 deliberation euwe a noftre requefte nous graunta celechofe delaer deqes a la venue 
 noftre dame, qe fcrra a la touz feinz prodiein avenir, ou devaunt fi Dieu pleft. 
 Pur la quele chofe nus Procururs et Meffiiges avauntdiz, ouek aucuns dcs Gar- 
 dcyns des Charteux de Efcoce, cert: afaver Sire Guilliame de Scint Cler. Patrick 
 dc Graham, e Johan de Soules, qe iloqe vindrent cue nous, en noun des avaunt- 
 diz Gardeyns, Evefqucs, Abbes, Priors, Countes et Baruns, e tote la Com- 
 mune du Reaume de Efcoce, grauntons, volons, et fermement promettons, qe 
 quel hore qe la Dame veigne en Englcterre ou en Efcoce, quite et deliure de tot 
 mariage, ertre celui, qe nus auons otrie ; nus icels Chafleus c Fortelefces ren- 
 drons et ferons rendre a lavanndite noftre Dame, e a noble Pier Sire Edward fiz al 
 avauntdit Roy de Engleterre. E de eel hore enauannt les obirons enfemble, come 
 a Seignour e Dame en cefte chofe et totes autres qe al avauntdit Reaume apen- 
 dent, de eel houre, qe il ferront venuz en Efcoce, e averont fet per eus ou per 
 autres dedenz le Reaume ferement de quel qe il feient en iu duw, folom les leys e 
 les coftomes de la terre de Efcoce, ne a nul autre mariage ne affentirons, ne a 
 autre Seigneur ne obirons, taunt qil viveront, fi il ne foit par le aflent e la vo- 
 lente le Roy de Engleterre, e Sire Edward fon liz. E fi la Dame ne veigne en 
 Engleterre ou en Efcoce entre cy e la toux feinz prochein avenir, nus volons e 
 promettons puF nus et pur tous les autres du Reaume de Efcoce, qe touz les 
 Gardeyns des Chafteus e de Fortelefces de meimes le Reaume feient adonqe 
 obligez per ferement e par efcrit, de garder e de fauver i ceus Chafteus et Forte- 
 lefces al oes e en noun noftre Dame anauntdite, e Sire Edward fiz e heyr le 
 avauntdit Roy de Engleterre. E fi nul des Gardeyns des Chafteus e de Forte- 
 lefces feyt ou feyent renablement fufpecenous a eus ou a nous, il ferrount remuwe 
 taunt de foiz comemei'er ferra per commun counfeil du Roy de Engleterre, e de 
 bone gent de Efcoce, e as autres du Reaume nient fufpecenous, fouz bone feurtc 
 bailleu. Memes la chofe grauntons, otrions et promettons des Gardeyns e des 
 autres Miniftres du Reaume. 
 
 N° 
 
 II. 
 
 THAT though it would feem moft proper for the Scots to fue to us, who 
 are Superiors in the Field, and Mafters of a great part of their Realm ; 
 yet, that our charitable mind and brotherly love might be known, we do, by all 
 means poflible, provoke and call you to your own commodity and profit, as 
 the Father does the Son, or the elder Brother the younger, and invite you to 
 Amity and Equality ; bccaufe as we inhabit iu the fume Ifland, there is no 
 
 4 Y 2 ' Peoph
 
 / 
 
 71 <J APPENDIX. 
 
 * People fo like one another in Manners, Ciiftoms, and Language; but because 
 *■ fome objeft that we do not feek Equality, nor the Marriage, but a Conque ft; and 
 ' that we would not be Friends but Lords, although our Proclamation at the iaft 
 'Wars did enough declare the contrary; yet here we declare to you and all 
 ' Chrillian People, to be the King's Majefty's mind our Mafier's, by our Advice 
 'and Counfel, not to conquer, but to have in Amity; not to win by Force, 
 ' but to conciliate by Love; not to fpoil and kill, but to fave and keep; not to 
 ' diflever and divorce, but to join in Marriage, from high to low, both the 
 
 * Fiealms ; to make of one Ifle, one Realm, in Love, Amity, Concord, Peace, and 
 'Charity. We ofFer Love ; we offer Equality and Am.ity ; we overcome in War, 
 ' and offer Peace; we win Holds, and offer no Conqueff ; we get in your Land, 
 
 * and offer England. What can be more offered and more proffered than 
 ' intercourfe of Merchandizes, and interchange of Marriages; the abolifliing 
 ' of all fuch our Laws as prohibit the fame, or might be impediment to the 
 
 * mutuial Amity ? We have offered not only to leave the Authority, Name, Title, 
 
 * Right, or Challenge of Conqueror, but to receive that which is the ffiame of 
 
 * Men overcome, to leave the name of the Nation, and the glory of any Victory 
 ' (if any we have had, or fhould have of you), and to take the indifferent old 
 
 * name of Britains again ; becaufe nothing fliould be left on our part to be 
 * -offered, nothing on your part unrefufed, whereby ye might be inexcufable, 
 
 * What face hath this of Conqueff ? We intend not to difinherit your Queen, 
 
 * but to make her Heirs Inheritors alfo of England. We feek not to take from you 
 ' your Laws nor Cuftoms ; but we feek to redrefs your oppreffion, which of 
 
 * divers ye do fuftain. In the Realm of England, divers Laws and Cufloms be 
 
 * according to the antient ufage thereof; and likewife France, Normandy, and 
 
 * Gafcoigne, have fundry kind of orders. Have all the Realms and Dominions, 
 
 * that the Emperor now hath, one Cuffom and one fort of Laws? Thefe vain 
 ' fears and fantafics of expulfion of your Nation, of changing of the Laws, of 
 ' making a Conqueft, be driven into your heads by thofe, who indeed had rather 
 
 * you were all conquered, fpoiled, and flain, than they would lofe any point 
 
 * of their will, of their defire of rule, and of their eflimation, which they 
 
 * know in quietnefs would be feen what it were, as it were in a calm water. If 
 
 * we two, being made one by Amity, be moff able to defend us againft all Na- 
 
 * lions, and having the Sea for the Wall, mutual Love for Garrifon, and God 
 
 * for Defence, fliould make fo noble and well-agreeing Monarchy, that neither 
 ' in Peace we may be alhamed, nor in War afraid, of any worldly or foreign 
 
 * Power ; why (hould not you be as defirous of the fame, and have as much. 
 ' caufe to rejoice at it as we ? And for a more fure proof and plainer token of 
 
 * the good mind and will which we bear unto you, that which never yet was 
 
 ' granted
 
 APPENDIX. 71,7 
 
 * granted to Scotland In any League, Tiuce, or Peace, betwixt England an3 
 
 * Scotland, becaufe ye fliall have proof of the beginning of Love and Amity 
 
 * of both the Realms, the King's Highnefs confidering the multitude of thcni 
 
 * which are come to his Majifty's devotion, and of ihcm that be well-willers 
 
 * and aiders of this Godly enterprize, hath, by our Advice and Counfel, 
 ' granted, and by thefe prefents doth grant, that from henceforth all manner of 
 ' Merchants and other Scotfmen, who will enter their names with one of the 
 ' Wardens of the Marches, and there profefs to take part with us in this before- 
 
 * named Godly purpofe, may lawfully, and without any trouble and vexation, 
 
 * enter into any Fort, Creek, or Haven of England, and there ufe their trafEck 
 
 * of Merchandize, buy and fell, bring in the Commodities of Scotland, and take 
 
 * and carry forth the Commodities of England, as liberally and as freely, and 
 
 * with the fame and none other Cuftoms therefore than Engliflimen, and the 
 
 * King's Subjefts do at this prefent.' HolLnlhed, Hillory of England, vol. IIL 
 p. 998. 
 
 N° 12., 
 
 THE Commiffioners being met at Wefimirfler, the chief Things debated on 
 were, 1. Whether the Two Kingdoms fhould be united under the name of 
 Great Britain : anJ, 2. Whether both Nations fliould be equally capable of 
 honours and offices in either Kingdom. Some advanced, againft the firft, that it 
 was without all example, that Two Kingdoms, equrJly fupreme, fliould lay afide 
 their former names for a third new one: nor could the Name of Great Britain be 
 fo honourable as the feveral names and pluralities of Kingdoms : thus, though 
 Cadile, Leon, and Arragon, be united under the fubjection of the King of 
 Spain, and France and Navarre uu'ler the French, yet thefe Kings, alwife in 
 their defignations, mention the leveral Kingdoms they command. 
 
 Others allcd^ed, this might prejudice the precedency of the Kings of England 
 among other Princes, as being but a new one. But for all that, we find in hilforj^, 
 that this is no new thing; and, in particular, Livy reports, that the Trojans _and 
 Aborigines did, after the Union of their Nations, affume the comm )n name of 
 Latines. Thus the Hungarians derived their nanie from the Hum and Avar! 
 (:Morden in his Geography mentii/.is the authors from whence we have it) ; the, 
 Catalonians from the Catti and Albani ; the counties in Germany ufe that com-" 
 mon name; and that only is called feudum novum which is acquired by money, 
 donation, or conquell j and \h^t feudum antiqutmi which defcends by blood and 
 
 fuccefiion. 
 
 When
 
 7iS APPENDIX. 
 
 Wlieti the fecond qneftion came under debate, fome of the CommifTioncrs 
 agreed it was unreafonable the Scots fliould be admitted to, and made capable of 
 all the employments in England. To this it was anfwercd, that to refufe it 
 would continue the ancient grudge and enmity ; for the Romans were never 
 engaged in a (harper war than in the belliim fociale, which the Latines raifcd 
 againft them, becaufe they would not admit them to be Confuls after they were 
 united {vide Livy, Plutarch, Fbrus, &c.). After which the Romans did by 
 their own Law declare, that inter Concivcs et Municipes, omnia mutiera debent 
 ejfe commiinicata. Mmicipes enwi /tint qui pariter munera publica fufcip'iunt. And 
 Polybius, in lib. 2. fpeaking of the method whereby the Achffians eftabliflied 
 their happy Union (read alfo Plutarch), obferves it to have been by this means. 
 
 This privilege has been allowed the Scots in France ; for the Earl of Buchan 
 was made Conflable by Ch. the Vllth, becaufe he defeated the Duke of Cla- 
 rence ; Douglafs was made Duke of Turaine ; Aubigney Vice-toy of Naples. 
 Count Lefly was preferred lately to be an Earl of the Empire, and ftill in the 
 Emperlal Diets. lu England, William of Malmfbury confeffes three Scotfmen 
 were fuccefTively created Archbifhops of York; and the Earl of Forth was ia 
 the late wars the fuccefsful General of the Englifh Army. 
 
 King James thought this debate encroached upon his Prerogative, and there- 
 fore defired it might go no further. That though by his Prerogative he might 
 imploy Natives of either Kingdom as he pleafed, yet he would prefer the Sub- 
 jedts of the refpeftive Kingdoms in their native Countries, till mutual Education 
 and a lafting Union had fitted them to be lodifFerently employed. Upon which 
 aflurance all the Commiffioners refled ; and fo they proceeded to put thefe 
 conclufions in form, and the Articles agreed upon were thefe: 
 
 It is agreed, by the Commiffioners of England and Scotland, to be mutually 
 propofed to the Parliaments of both Realms at the next Seffion, that all hoftile 
 Laws, made and conceived exprefsly, either by England againft Scotland, or 
 Scotland againfl: England, flaall in the next Seffions be abrogated, and utterly 
 extinguifhed. 
 
 It is alfo agreed, that all Laws, Cudoms, and Treaties of the Border, betwixt 
 England and Scotland, fliall be declared by a general Aft to be abrogated and 
 obliterated -, and that the Subjects on either part fhall be governed by the Laws 
 and Statutes of the Kingdoms where they dwell, and the name of the Borders 
 extingLiilhed. 
 
 And becaufe, by abolifliing the Border-Laws and Cuftoms, it may be doubted, 
 
 that the Executions Ihall ceafe upoii ihefe Sentences that have heretofore been 
 
 given by the o])pofite Officers of thofe Borders, upon wrongs committed before 
 
 the death of the late C)uc;cu of happy memory ; it is therefore thought fit^ that, 
 
 6 in
 
 APPENDIX, 719 
 
 n cafe the Comminioners or Officers, to be appointed by his Majefty before the 
 time of the next SefTions of Parliament, (hull not procure fuflicicnt redrefs of 
 fuch filed Bills and fentcnccs, that then the faid Parliament may be moved, to 
 take fuch order as to their vvifdoms fhall feem convenient, in ratisfa(ftion of that 
 which has been decerned by fome officers i as alfo, how diforders and info- 
 Irncies may be hereafter reprefled, and the Country which was lately of the 
 Borders kept in peace and quietnefs in time to come; as likewife to prefcribc 
 fome Orders how the purfuits of former wrongs, preceding the death of the 
 late Queen, and fince the lad Treaty of the Borders in the years 1596 and i ^97, 
 which have never as yet been moved, may be continued, and profecuted to a 
 definitive Sentence. 
 
 And forafmuch as the next degree to the abolition of all memory of hodility 
 is the participation of mutual Commodities and Commerce; it is agreed, llrft, 
 concerning Importation of Merchandize into eitlier Realm from Foreign Parts, 
 that whereas certain Commoduies are wholly prohibited by the feveral Laws of 
 both Realms to be brought into either of ihcm by the Natives themfelvcs, or bv 
 any other, the faid Prohibitions fliall now be made mutual to both, and neither 
 an Englifliman bring into Scotland, or a Scotfnran into Ensd ,nd, any of thefe 
 prohibited Wares and Comrnodities: neverthelefs, if the faid Cominoduies be 
 made in Scotland, it fhall be lawful to bring them out of Scotland to England, 
 and fo reciprocally of the Commodities made in England and earned to Scotland. 
 Whereas a doubt hath been conceived againil the equ.il communication of 
 Trade betwixt the Englifh and Scots Subjects in the matter of Importation, 
 grounded upon fome inequality of Piivileges, which the Scots are reported to 
 hare in Foreign Parts, and nainely in France, above the Engiifti, whereby the 
 Englifli might be prejudged ; and that after a deliberate conliueration had of th« 
 fuppofed inequalities, both private and publick examinat on of divers IMerchantsof 
 either fide, touching all Liberties, Privileges, Immunities, Imports, and Pay- 
 ments, on the part of the Englilh, and on the part of the Scots, either at Bour- 
 deaux, for their Trade of Wines, or in Normandy, or any other parts of France, 
 for other Commodities, it appeared, that in the Trade of Bcurdeaux there was 
 and is To little difierence in any advantage of Privileges or Immunities, or in the 
 Imports and Payments, all being reckoned and well weighed on either fide, as it 
 could not juflly hinder the communication of Trade: In the Trade of Nor- 
 mandy likewife, or any other pans of France, the advantage the Scots Subjects 
 by their Privileges are acknowledged to have, is fuch as without much difficulty 
 may be reconciled and reduced to an equality with the Englifh, by fuch means as 
 are hereafter declared : It is agreed, that the Scotfmen fliall be free for tranfport- 
 ing of Wine from Bourdeaux to England, paying the fame Cuftoms and Duties 
 
 that
 
 ^i" 
 
 APPENDIX. 
 
 that the Engliflimen do pay ; and the Engliflimen likewifefliall be free for tranf- 
 portintf Wine and other Commoditits from Bourdcaux to Scotland, paying ihc 
 fame Cuftoms and Duties that the Scotfmen do pay there. 
 
 And likewife, for clearing and refolving the doubts touching the advantage 
 that thefe Scots are fuppofed to have above the Englifli in buying and tranfporting 
 the Commodities of Normandy, and other parts of the Kingdom of France, 
 excepting the buying of AVinein Bourdeaux, which is already determined ; it is 
 st^reed, that there fiiall be fent fome meet and difcrcet Perfosis into France, two 
 for either fide, to take notice of any fuch advantage as either the Englifli have 
 above the Scots-, or the Scots above the Engiiili, in buying or tranfporting of 
 any Commodities of Normandy, or any parts of France, excepting the Wine of 
 Bourdeaux; and as the faid Perfons (laall find the advantage to be, fo, for making 
 the Trade equal, the Cuftoms fliall be advanced to the King in England and Scot- 
 land ; and for the part of thefe that have the advantage, and according to the 
 proportion of the faid advantage, the advancement of the CuRom to continue no 
 longer than the privilege, having fuch advantage, fliall continue : and that gene- 
 rally for all other Trade from any Part?, the Englilh and Scots Subje(f^s, each in 
 other's Country, fhall have liberty of Importation as freely as any of the native 
 Subje£ls themfclves having fpecial privilege. 
 
 Nest, concerning Exportation, it is agreed, that all fuch Goods as are prohi- 
 bited and forbidden to EngliHimen themfclves to be exported out of England to 
 any Foreign Part, the fame (liall be unlawfijl for any Scotfman, or any other, to 
 export to any Foreign Nation beyond Sea, under the fame penalties and for- 
 feitures that the Englifh are fubjefi: unto; and reciprocally that furth of Scot- 
 land, no Englifliman lliall tranfport to any P'oreign Parts the Goods and Commo- 
 dities that are prohibited in Scotland to Scotfmen themfclves; neverthelefs, fuch 
 Goods and Commodities and Merchandizes as are licenfed to Engli(hmen to 
 tranfport out of England to any Foreign Part, the fame may be likewife tranf- 
 poried by Scotfmen thither, they certifying their going into Foreign Parts, and 
 takinga Cocquet accordingly, and paying the ordinary Cuflom that Engliflimen 
 do pay themfclves at the Exportation of fuch Wares, the like liberty to be for 
 Engliflimen in Scotland. 
 
 As for the native Commodities which either of the Countries do yield, 
 and may ferve for the ufe and benefit of the other, it is agreed, that mutually 
 there may be tranfported furth of England to Scotland, and furth of Scotland to 
 England, all fuch Wares as are either of the growth or handy-work of either of 
 the faid Pvcalms, without payment of any Impofl:, Cuftom, or Exaftion; and as 
 freely in all refpefls as any Wares may be tranfported cither in England from part 
 to part, or in •otiand from pare to part, except fuch particular forts of Goods 
 
 and
 
 A P P E N D I }t. 
 
 72t 
 
 tnd Merchandizes as are hereafter mentioned, being redrahied for the proper 
 and inward ufe of each Country. And for that purpofe it is declared, that both 
 in this Communicarion of Benefit, and Participation of the native Commoditic? 
 of the one Country with the other, there fhall be fpccially referved and 
 excepted the forts hereafter fpecified ; that is to fa)'. Wool, Sheep, Sheepfell, 
 Cattle, Leather, Hydes, and Linen-yarn, which are fpecially rcftrained within 
 each Country, not to be tranfported from one to the other j excepting alfo and 
 referving to the Scotfmea their Trade of Fifliing within the Lochs, Firths, and 
 Bayes, within Land, and in the Seas within 14 Miles of the Coafls of the Realm 
 of Scotland, where neither Englifhmen nor any Strangers have ufed to fifli ; 
 and fo reciprocally on the behalf of England. All which Reftriftions and Excep- 
 tions are not to be underftood or mentioned in any fort for a Mark or Note of 
 Separation and Divifion, but only as matters of Policy and Conveniency for 
 the fevcral Eftates of each Country. 
 
 Furthermore it is agreed, That all foreign wares to be tranfported forth of 
 Scotland into England, or out of England into Scotland, by any of the Kind's 
 fubjefts of either Kingdom, having at their firfl: entry once paid cuflom in either 
 of the Kingdoms, fliall not pay outward cuftoms therein afterivards, fave only 
 inward cuftom at the port whereunto they ihall be tranfported : but the"owner of 
 the goods, or faftor, or raafter of the fhip, fhalj give bond not to tranfport the 
 fame into any foreign parts. 
 
 It is alfo agreed. That Scotfmen (hall not be debarred from being atTociates 
 unto any Englifli Company of Merchants, as Merchant-venturers, or others, upon 
 fuch conditions as any Engliftiman may be admitted ; and fo reciprocally for 
 Englilhmen in Scotland. 
 
 It is neverthelefs agreed, by mutual confent, and Is fo to be underftood, that 
 the nutual Liberty aforefaid of Exportation and Trade, in each parr, from the 
 one to the other, (hall ferve for the inward ufe only of either Realm ; and order 
 taken for the retraining and prohibiting the tianfportation of the faid commo- 
 dities to foreign parts, and for due punilliment of thofe that (hall tranfgrefs in 
 that behalf. And, for the better afTurance and caution herein, it is agreed, that 
 every Merchant fo offending fliall forfeit his goods ; the fliips wherein the faid 
 goods fliall be tranfported, confifcated •, the Cuftomers, Searchers, and other 
 Oflicers of the Cuftom whatfoever, in cafe of confent or knovdedge on their 
 parr, to lofe their oflkes and goods, and iheir bodies to be imprifoned at his 
 Majcfty's pleafure. Of which efcheats and forfeitures, two parts fliall appertain 
 to his Majelty, if the Culloms be unfarmed ; and the third to the informer : 
 and, iF the cuftoms be farmed, one third of the forfeiture to belong to his Ma- 
 jefty, a ibird to ibe farmer, and the other third to the int'cnner. The tr3'al of 
 
 4 Z th*
 
 722 APPENDIX. 
 
 ■the ofTencc to be fummar in either country in the Exchequer Chamber, bf 
 writ, fufficienc witneffes, or oath of party, or before the Juflice by Jury or 
 Aflize, and his Majefty's Officers in either country to concur uiih the Com- 
 plainers that infift in the purfuit. 
 
 As alfo, for the more fecurity, that there Ihall be no Tranfportation of fuch 
 goods, it is agreed, that at the fhipping of all fuch native commodities there be taken, 
 •by the Cufromer of the port where the goods or wares are embarked, a bond or 
 obligation fubfcribed by the Owner of the goods, and Mafter of the fliip ; 
 by the Owner if he be prefent, or by the Mafter of the fhip, or Faftor, or 
 party that loadeth the fame, in cafe of his abfence: which bond fliall contain a 
 fum of money anfwerable to the value of the goods, with condhion of relieving 
 the party obliged, and difcharging him of the faid bond, in cafe return be made 
 of a due Certificate to the Cuilom where the goods were laden from any port 
 within England or Scotland, and the Certificate to be fubfcribed and fealed by 
 the Officers of the Cuftoms of the port where the faid goods fliall arrive to be 
 unladen : or, if there be no fuch Officers there, by the chief Magiftrate and 
 Town Clerk of that harbour and town, under their band and feal. And it is fur- 
 ther agreed touching the different freighting of Commodities, either in Englifh 
 or Scots bottoms, that Engliflimen and Scotfmen freight and laden their goods 
 each in others fiilps and bottoms indifferently, paying only Englifli and Scots 
 Cuftcm, notwithftanding any contrary laws or prohibitions ; and that a propo- 
 fuion be made to the Parliament of England, for eftablifliing fome good orders, 
 for upholding and maintaining the great fifliing of England -, as alfo that a pro- 
 pofition be made to the Parliament of Scotland, for making of their fliipping 
 more proportionable in burthen to the iliipping of England, the better to 
 ferve for the Equality of Trade, and a common defence for the whole Ifle. 
 
 And becaufe it is requifite that the mutual communication aforefaid be not 
 only extended to the Matter of Commerce, but to all other benefits and privi- 
 leges of natural-born fubjedts i it is agreed, that an Aft be proponed to be pafl^'ed 
 in manner following : That all the fubjeiTls of both Realms, born fince the de- 
 ccafe of the late Queen, and that ftall be born hereafter, under the obedience 
 of his Majefty, or his Royal Progeny, are, by the common laws of both 
 Realms, and fnall be for ever, enabled to obtain, fucceed, inherit, and polfefs, all 
 Goods, Lands and Chattels, Honours, Dignities, Offices, Liberties, and Privileges, 
 and Benefices Ecclefiaflick or Civil, in Parliament, and all other pluces of the 
 Kingdoms, and every one of the fame, in all rcfpcds, and without any excep- 
 tion whatfomevcr, as fully and amply as tlie fubjcfls of either Real.n relpe>f!lvely 
 might have done-, or may do, in any fort within the Kingdoin where they arc 
 boriii 
 
 Further.
 
 APPENDIX. 723 
 
 Turtlicr, his Majerty, out of his great judgement and providence, hath not 
 only profeiTed in publick and private fpeech to the Nobility and Council of both 
 Kingdoms, but hath alio vouchfafed to be contented, that, for a more full fatisfac- 
 tion and comfort of all his loving fubjefts, it may be comprifcd in the faid Aft, 
 that his Majefty meaneth not to confer any Office of the Crown, any Oiricc of 
 Judicature, Place, Voice, or Office in Parliament of either Kingdom, upon the 
 fubjeds of the other, born before the death of the late Queen, until time and 
 converfation have increafed and accompliflied an Union of the faid Kingdoms, as 
 well in the hearts of all the people, and in the conformity of Lav/s and Policies in 
 thcfe Kingdoms, as in the knowledge and fufficiency of particular men, who, 
 being untimely employed in fuch authorities, could no way be able, much lefs 
 acceptable, to difcharge fuch duties belonging to them. It is therefore rcfolved by 
 us, the Commiffipners aforefaid, not only inregard of our defires and endeavours to 
 further a fpeedy conclufion of this happy work intended, but alio as a teftimony 
 of Our love and thankfulnefs for his gracious promife, on whofe fincerity and 
 benignity we build our full alTurance, even according to the inward fenfe and 
 feeling of our own loyal and hearty affections, to obey and pleafe him in all 
 things worthy the fubjefts of fo worthy a fovereign, that it fliall be defired of 
 both the Parliaments, to be enafted by their Authority, That all the fubj eels of 
 both Realms, born before the deceafe of the late Queen, may be enabled and 
 made capable to acquire, purchafe, inherit, fucceed, ufe, and difpofe of all Lands,' 
 Goods, Inheritances, Offices, Honours, Dignities, Liberties, Privileges, Immu- 
 nities, Benefices, and Preferments whatfoever, each fubj eft in either Kingdom, 
 with the fame freedom, and as lawfully and peaceably, as the very natural anJ 
 horn fubjefts of either Realm, where the faid Rights, Eftates, or Profits, are ef- 
 tablifhed ; notwithllanding whatfoever Law, Statute, or former Conftitutioil 
 heretofore in force to the contrary •, other than to acquire, poifefs, fucceed, or 
 inherit any Office of the Crown, office of Judicatory, or any Voice, Place, or 
 Office in Parliament; all which fliall remain free from being claimed, held, or 
 enjoyed, by the fubj eels of the one Kingdom within the other, born before the 
 deceafe of the late Queen, notwithllanding any word, fenfe, or interpretation of 
 the Aft, or any circumdance thereupon depending, until there be a perfeft and 
 full accomplifliment of the Union, as is defired mutually by both the Realms. 
 In all which points of Pvefervation, either in recital of the words, his Majelty's 
 facred promife, or in any claufe or fentence, before fpecified, from enabling 
 them to any of the forefaid Places or Dignities ; it hath been, and ever Ihall be, 
 fo far from the thoughts of any of us, to prefume to alter or injpair his Majefty's 
 Prerogative Royal ('vyho contrariwife do with all comfort and confidence depentl 
 
 4 Z » bcrci*
 
 724 APPENDIX. 
 
 herein upon the gracous affurance which his Majefty is pleafed to give in tte 
 Declaration of his fo jufl and princely care and favour to all his people), as, for 
 a further laying open of our clear and dutiful intentions towards his Majefty in 
 this and in all things elfe which may concern his Prerogative, we do alfo herein 
 profefs and declare, that we think it fit there be inferted in the Aft, to be pro- 
 poned and paffed, in exprefs terms, a fufficient refcrvation of his Majefty's Pre- 
 rogative Royal, to denizate, enable, and prefer to fuch Offices, Honours, Dig- 
 nities, and Benefices whatfoever, in both the faid Kingdoms, and either of them, 
 as are heretofore excepted in the preceding refervation of all Englidi and Scots 
 fubjects born before the deceafe of the late Queen, as freely, fovereignly, and 
 abfolutely, as any of his Majefty's Royal Progenitors, Kings of England or 
 Scotland, might have done at any time heretofore, and to all oiher Intents and 
 purpofes, in as ample manner as if no fuch AQ. had been thought of or men- 
 tioned. 
 
 And forafmuch as the feveral Jurifdiftions and Adminiflrations of either Reahn 
 may be abufed by malefaflors, by their own impunity, if they fliall commit any 
 offence in the one Realm, and afterwards remove their perfons and abode into 
 the other ; it is agreed, that there may be fome fit courfe advifed of, by the wif- 
 doms of the Parliaments, for tryal and proceeding againft the perfons of Offen- 
 ders remaining in the one Realm, for and concerning the crimes and faults 
 committed in the other Realm. And yet neverthelefs that it may be lawful for 
 the Juftice of the realm, where the offence is committed, to remand the offender 
 remaining in the other Realm, to be anfwerable to the juftice of the fame Realm 
 ivhere the faft was committed ; and that, upon fuch remand made, the offender 
 ihall be accordingly delivered, and all further proceedings (if any be) in the 
 other Realm fhall ceafe, fo as it may be done without prejudice to his Majefty 
 or other Lords in their Efcheats and Forfeitures, with provifion, neverthelefs, 
 that this be not thought neceffary to be made for all criminal offences, but in 
 fpecial cafes only, as namely in the cafes of Wilful Murther, Falfifying of IVIo- 
 neys, and Forging of Deeds, Inftruments, and Writings, and fuch other like 
 cafes, as upon further advice in the faid Parliament may be thought fit to be 
 added. 
 
 N.
 
 APPENDIX. 72| 
 
 N'^ 13. 
 
 A Paper given in by the Scots Commiflioners to the Englifli Commif- 
 fioners for adjufting the differences of Trade between the Two King- 
 doms, Jan. 21, 1667. 
 
 WE the Cominiflloners of and for the Kingdom of Scotland, nominated, and 
 fiifficienily autliorizcd by his Majcfty, under His great Seal of that 
 Kingdom, to treat and confuk, as alfo to conclude and determine with your 
 Lordfhips, the Commiffiontrs nominated by his Majcfty for the Kingdom of 
 England, of and concerning ihe Freedom and Liberty of Trad?, betiveen the 
 Two Kingdoms of England and Scotland, do reprcfent, 1 hat, whereas his Ma- 
 jefly's fubjefls of Scotland be under the allegiance of the King, fince the happy 
 fucceffion of K. J.;mes to the crown of England, are fo far from being Aliens^ 
 that they are declared to have, by the law of this Kingdom, all the privileges of 
 natnral-born fubjifls of England : And whereas his Majefty'i fubjedts in Scotland 
 have enjoyed tht fam.ein all the dominions and plantations belonging to the King- 
 dom of Enghind more than 56 years, without any confiderable obftruftion all 
 that time; yet, fince the 23th of Maich, in the 12th year of his Majefly's reign, 
 by fome Afts of Parlirment here in England, the Kmg's fubjefts of Scotland are 
 clearly debarred from the privilege granted to all his Majefty's other fubjefts ; 
 feeing by thefe Ai^s feveral hnmunities and Privileges granted to fuch fliips as 
 do truly and without fraud belong only to the people of England or Ireland, 
 Dominion of Wakf, or Town of Berwick upon Tweed, and j\\ other fhips and 
 veiTels (^without any exception) with all their goods and merchandizes are declared 
 to be forefaulied ; alfo by other Afts of Parliament, fince that time, goods and 
 commodities of Scotland are, at fome times, charged with a double duty or im- 
 pofition alcove 16 times more than the goods of the like nature, of foreign 
 growth, and fome unufual cuftoms are exacted in Northumberland and Cumber- 
 land : 
 
 In order to the removing of all obftruftions to the Freedom and Liberty of 
 Trade between the Two Kirgdoms, to the end the people of Scodand may be 
 encouraged to trade here as formerly, and to export from the Kingdom fuch fo- 
 reign and other Commodities as are necelTary for them (which we conceive to 
 be a great advantage to this Kingdom, the exported commodities far exceeding 
 thefe imported hiiher), for encouraging the fhipping and feamen of Scotland, 
 without which trade cannot be continued, and for prevendng the removal of the 
 Trade of Scotland into foreign parts, which would be very prejudicial to his 
 
 rdajcfiy's
 
 72<$ A P P E N D I S; 
 
 Majefty's cuftoms in this Kingdom (as we conceive), and to the happy Union an3 
 Correfpondence of the two Kingdoms, which we do above all things endeavour 
 to preferve: 
 
 We do begin with that which was firfl in time, and indeed of the grsatefl: inr-' 
 portance to Scotland, an Aft, intituled, " An Aft for the encouraging and in- 
 creafing fiiipplng and navigation," pafled in the 12th )'ear of his IMajelly's reign^ 
 and ratified, confirmed, and enafted in the 13th year. Cap. 140. In relation to 
 which Aft, we defire, firft, Tliat as to the Trade with the Lands, Iflands, Planta- 
 tions, and Territories, to his Majefiy belonging, or in his poffeffion, or v/hich 
 may thereafter belong unto, or be in the pofleffion of his Majefty, his heirs, or 
 fuccelTors, in Afia, Africa, or America, the fame Freedom may be allowed to 
 fuch fnins and vefi'els as do truly and without fraud belong to the people of Scot- 
 land, whereof the Mafter and three 4th parts are Scotfmen, or other his Majef- 
 ty's fubjefts, and freighted only by his Majefty's fubjefts, as are allowed to his 
 Majefly's fubjefts of Ireland, Dominion of Wales, and Berwick upon Tweed. 
 
 2. That it be declared. That his Majefly's fubjefts of Scodand are not meaned 
 to be debarred by the Claufe debarring men or perfons, not born within the 
 alleo-iance of our Sovereign Lord the King, from exercifmg the trade or occu- 
 pation of Merchants or Fadtors in any of the faid Places. 
 
 3. That the fliips or veffels belonging truly to his Majefly's fubjefts of Scot- 
 land, navigated as is before exprefied, and freighted only by his Majefly's fub- 
 jefts, may be declared to have liberty to bring into England the goods and com- 
 modities that are of foreign growth, produftion, or raanufaftory, under the fame 
 reflriftions and limitations as are exprefl: ever fince King James came to England, 
 is of abfolute neceffity for entertaining the fiiipping of Scotland, and keeping 
 the famen there for his Majefly's fervice, and will be an increafe of his Ma- 
 jeft)'s cufloms. 
 
 4. Tliat all other privileges granted by this Aft to the Ihips and veflcls be- 
 longing truly to the fubjefts of Ireland, Wales, and Town of Berwick upon 
 Tweed, may be alfo declared to belong to the Ihips or veffels truly belonging to 
 the fubjefts of Scotland, and navigated and freighted as is aforefaid, under the 
 fiimc reflriftions and limitations alwife as by this Aft laid upon the fubjefts of 
 IrelanJ, &c. that it may be declared that the penalties impofed upon Aliens 
 for tranfporting of Goods from ports to ports, and all other penalties impofed 
 upon Aliens by this Aft, that the fubjefts of Scotland are no ways therein 
 concerned. 
 
 5. Tliat whereas almoft all the fliips and veffels belonging to his Majefly's 
 fubjefts of Scotland were, during the late Ufut-pation, taicen, burnt, or dc- 
 iftroyed, and many of the vcfTels, taken or bought fmce his Majefly's happy re- 
 
 6 turn.
 
 APPENDIX. J27 
 
 turn, are foreign-bulk ; we defire, that all vefiTcls, taken from the King's enemies 
 and condemned as lawful prize, may be declared naturalized, as is lately done 
 here, and that they and all fuch fliips as are truly in the poflTeflion of his Majef- 
 ty's fubjcfts of Scotland may be declared capable of free Trade here, as if 
 they had been built within his Majefty's Dominions; a lifl of fuch fliins being 
 entered betwixt and a day to be agreed up»n into the cuftom-houfe Books here, 
 provided that it (hall not be lawful for Scotfmen to trade here with any foreign- 
 built fhips to be bought hereafter, but only with fuch (hips as are built in Scot- 
 land, or fome other of his Majcfly's dominions, and that both the prize-fhips 
 and other fliips, now in the polfeffion of the fubjefts of Scotland, be navigated 
 by 3 parts of 4 of Scotfmen, or others his Majelly's fubje£ls, and freighted only 
 by his Maje(ly's fubjecfts. 
 
 6. And whereas it may be fuppofed, that, by demanding fuch a Trade with the 
 Plantations as is allowed to the fubjefts of Ireland, we may prejudge his Ma- 
 jefty's cufloms here, or deftroy the ends of the Adl of Kavigation as to thefe com- 
 modities-, we declare that we are willing to treat and conclude with your Lord- 
 Ihips upon fuch alTurances as can be reafonably demanded, that none of thefe 
 commodities fliall be tranfported by Scots (hips from the Englilh Plantations to 
 any place beyond the feas, but they fliall be wholly brought into fuch parts oJ 
 England as (hall be agreed upon, excepting only fuch, a very fmall Number,. 
 for the confumption of Scotland^ as fliall be agreed upon betwixt your Lord? 
 ihips and us. 
 
 NT
 
 7iS A P P E N D I X. 
 
 N» 14. 
 
 JOURNAL 
 
 O F 
 
 The Meeting held hi the Council-Chamber, in the Cock-Pit, in Wcft- 
 
 minfter. 
 
 B Y 
 
 The Scotifli and Englifh Commiffioners, nominated by the Queen to 
 treat of an Union betwixt the Nations of Scotland and England ; 
 
 Conform to the A£ls of the refpedtive Parliaments, inpovvering her Ma- 
 jefty to name Commiffioners to treat. 
 
 Die Alar/is, 27th 0<ftober, 1702. 
 
 THIS being the day appointed for the meeting of the Commiffioners, there 
 were only 1 2 of the Scots then arrived, who flopped as late as could be, in 
 the hopes of the arrival of the 13th, to have made a Quorum : but, feeing no 
 appearance of it, they went, about 7 o'Clock at night, to the place appointed 
 for their Meeting, where the Englilh Commiffioners were convened, and very 
 full : and after the firfl civilities were pafl, there was a Letter from her Ma- 
 jcfly to the Scots Commiffioners, adjourning the Meeting to the loth of Novem- 
 ber; an'1,- the fame orders being fent to the Englifla Commiffioners, they im- 
 parted ihem the one to the other, and fo feparawd. 
 
 Die
 
 APPENDIX. 729 
 
 Dn- Miirtis, loth Nov ember, 1*02. 
 
 ABOUT Seven in the evening the Commiflioners o^ both Kingdoms nvt 
 at the Place appointed for their Meeting, the Englifh Commiffioners be- 
 ing firft there. After they had ftjod a while, they took their Places at a long- 
 table, the Engiifli on the right fide, and the Arclibifhop of Canterbury' as 
 fiift in their Commillion upmoft. And the Scots on the left (ide, and the 
 Duke of Oueenlberry firft in the Commiflion upmoft. When they were fet, 'the 
 Lord Keeper moved, That their refpeftive commifTions fhould be read, by which 
 they would beft know the reafons of their Meeting; which was done, the Englifh 
 firlt, in the Englifh tongue, and the Scots in the Latin : when tiiat was over, 
 the Lord Keeper made the following Speech, which was anfwered by the Duke 
 of Qiieenfberry. 
 
 My Lords, 
 
 < 1|T 7E, the CommifTioners for England, do, with great fatisfaflion meet 
 V V ' your Lordfliips on this occafion, hoping that by this Congrefs the 
 
 * great Bufmefs, for which her Majefty has been pleafed to grant thefe Commif- 
 ' fions, may be happily effefled. That England and Scotland already united in 
 ' AUedgiance under one head, the Queen may for ever hereafter become one 
 ' People, one in Heart and mutual Afre(^ions, one in Intereft, one in Name, or 
 ' in Deed, a Work, which, if it can be brought to pafs, promifeth a lading 
 ' happinefs to us all. 
 
 ' With great fincerity we defire this Union : and we meet your Lordfliips with 
 
 * hearts fully determined to enter upon fuch Confiderations, and into fuch 
 ' Meafures with your Lordfliips, as are proper for bringing the fame to the defired 
 
 * Conclufion ; on our part nothing fliall be wanting that may conduce to a 
 
 * happy period of this great work." 
 
 The Duke of Queen fberry's Aiifwer. 
 
 My Lord, 
 
 '^r'HE Union of the Two Klngdoitis has been much defired both before and 
 A ' fince their being under one Sovereign ; and I hope it is referved to her 
 
 * Majefly, for the glory of her Reign, to finifli the defign which hath been 
 "* often attempted by her Royal PredecefTors. 
 
 5 A 'My
 
 730 APPENDIX. 
 
 * My Lord, I do confider this Union to be highly advatitageous for the peaccr 
 
 * and wealth of both Kingdoms, and a great fecurity for the Proteftant Religion 
 ' every-where ; and, I can affure your Lordfhips, both for myfelf and the other 
 
 * Lords Commiffioners for Scotland, that we meet your Lord(hips with great 
 ' regard and honour to your perfons, and with fincere intentions to advance this 
 
 * great defign, and to accommodate any difficulties that may arife in the Treaty 
 ' upon fair and reafonable terms." 
 
 Then the Lord Keeper moved, That fome words of the Scots Commiffion 
 fliould be read over again ; which was done : the words they noticed were, Dan' 
 do illis plenam protejiaiem congregandi C£f conveniendi cum CommiJ/ionariis auibo- 
 ritate noftra munitis pro Regno et Parliamento Anglia, i^c» After reading, he faid, 
 he did not conceive how they were fuch as the Scots were impowered to treat 
 with, not being Comm'ijfionarii pro Parliamento Anglice. Before any anfwer was 
 made, the Earl of Seafield moved. That the Commiffions fhould be interchanged 
 againfl the next Meeting ; and that then they would be better able to judge of 
 the Purport and intent of the Commiffions ; which was agreed to, and the next 
 meeting appointed on Monday thereafter. 
 
 Die Ltinay the i6th of November, 1702. 
 
 THE Commiffioners met ; but, there being only a fcrimp Quorum of 
 the Engliffi, and two or three of them adhering to the laft objeftion, 
 they defired, without proceeding to any Bufinefs, the Meeting might be ad- 
 journed till Wednefday, in hopes it might be more full ; to which the Scots 
 agreed. 
 
 Die Mercuriiy 18 November, 1702. 
 
 THE Commiffioners met ; and, the Engliffi infifting no more on the Keeper's 
 objcftion, they received a MeiTage from the Qiieen, in two different Pa- 
 pers, but of the fame tenor, which was read as followeth. 
 
 A. R. 
 
 ** T_T E R Majefty having, in profecution of the feveral attempts made by Her 
 
 A A " Royal Predeceflbrs, moved both the Parliaments to confider of the 
 
 " moft effis£lual Methods for eftablifliing an Union between the Two Kingdoms; 
 
 ^ and her Majefty being authorized by both Parliaments to appoint Commif- 
 
 ♦' fioners
 
 APPENDIX. y^i 
 
 *' fioners to treat of the Terms of this Union, which fhc hath done accord- 
 ** ingly ; her Majefty hopeth that the Comminioners, now happily met for this 
 " purpofe, will agree upon fuch Meafures as will be acceptable to both Parli- 
 *' aments ; and may perfccft an indoflbliiblc Union between the Two Nations, 
 *' which her Majefty thinks the moft likely means, under Heaven, to cftabliQi 
 *' the Monarchy, fecure the Peace, and increafe the Trade, Wealth, and Hap- 
 *' pinefs, of both Nations. 
 
 *' The Heads of this Treaty are fo obvious, that her Majefty does not think 
 " it neceffary to name them; but her Majefty recommends it to the Coramif- 
 *' fioners, to make fuch Propofals mutually on this fubjcft as fhall occur to 
 *' them, and may be moft likely to bring this Treaty to a happy and fpeedy 
 *' Conclufion. 
 
 ** And her Majefty earneftly wiflies, for Her own Honour, and the Wel- 
 " fare of Her fubjedts, That this Union may be eftabliflied on fuch folid 
 *' foundations, as that the breach of it may be as impoffible as humane 
 " councils can make it. Given at the Court of St. James's, the i6th Novem- 
 *' ber, 1702. 
 
 *' To the Commiflioners appointed for Treating of an Union between 
 the Two Kingdoms." 
 
 After reading of this Letter, the Lord Keeper propofed the following 
 Overtures, as the Rule of the Method of their proceeding ; which were agreed 
 to, and are as follow. 
 
 T. That all Propofals, mutually to be made, ftiall be offered in Writing. 
 
 2. That no Propofals, fo made, ftiall be debated the fame day. 
 
 3. That all Debates fhall be by Word of Mouth, and not in Writing. 
 
 4. That every Point, that fhall be agreed on, (hall be reduced in Writing. 
 
 5. That no Point, though agreed on and reduced into Writing, (hall be 
 
 obligatory on either fide, till all Matters be adjufted in fuch manner as 
 ihall be proper to be laid before the Queen and the Two Parlia- 
 ments. 
 
 And then they adjourned till Friday. 
 
 5 A a - • , Die
 
 73* APPENDIX. 
 
 Die Veneris, 20 November, 1702. 
 
 THE CommifTioners met ; and the Scots gave in two additional Preliminary 
 Articles, one of them explanatory of the _5th of thefe given in by the Lord 
 Keeper; the other about the Minutes ; which were both agreed on by the Englifb, 
 and are as follows. 
 
 6. That thefe matters, though fo adjufted as may be proper to be laid before the 
 Queen and the Two Parliaments, fliall not be binding till approved and ratified 
 in the faid Parliaments. 
 
 7. That there be a Committee appointed, confiding of a certain number of each 
 fide, to revife the minutes of what paffes, which are not to be inferted 
 by the fecretaries in their refpeftive books but by the order of the faid 
 committee. 
 
 Then the Lord Keeper gave in their Propofals about the Subjeft of the 
 Treaty, viz. 
 
 That the Two Kingdoms be united Into One, by the Name of " The Kingdom of 
 Great Britain," &c. 
 
 That the fucceffion to the Monarchy of this United Kingdom of Great Britain 
 fliall be according to the limitations mentioned in the Aft of Parliament made 
 in England in the 12th and 13th years of the reign of the late King William, 
 intituled, " An Aft for the further Limitation of the Crown, and better fe- 
 curing the Rights and Liberties of the Subjeft." 
 
 AndtheDukeof Qneenfberryga'-e in for the Scots thefe following: 
 
 1. The uniting of the Two Kingdoms into One Monarchy. 
 
 2. The reprefenting both Kingdoms in One Parliament. 
 
 3. The mutual Communication of Trade, and all other Privileges and Advaia- 
 tages. 
 
 Thefe are the General Articles, in which it is propofed, that the Two Kingdoms 
 way be united. There will be certain other Articles and proper Refervations, which 
 Biay be offered afterwards. 
 
 Thefe
 
 APPENDIX. 733 
 
 Thefe propofals were read twice, and ordered to be exchanged, and to be con- 
 fideretl againft the next meeting, which was appointed to be on Wednefday 
 thereafter. 
 
 Die Mercurii,2^ November, 1702. 
 
 THE Commiffioners met, the Lord Keeper moved, that the fixth Preliminary 
 Article, which had been propofed and agreed on at the preceding meet- 
 ing, might be confidered ; upon which the Lords Commiflioners for Scotland with- 
 drew, and within a little returning, the Duke of Queenfberry acquainted the 
 Lords Commiffioners for England, that they were fatisfied the fixth Article fhould 
 be laid afide, providing fomething might be found out to fatisfy their difficulty as 
 to the fifth Article. 
 
 Agreed, That the fixth Article be laid afide, and that there be added to the fifth 
 thefe words, " For their Approbation." 
 
 Agreed, That to the feventh Article, about the Committees, thefe words be 
 added, " Having firft made Report thereof to their refpeftive Commiffioners, and 
 " received their Approbation of the fame." 
 
 Then were nominate the Commiffioners for the Committee. 
 
 Of the Scots Commiffioners, Vifcount of S:air, Lord Prefident of the Seffion, 
 and the Lord Treafurer depur, or any two of thera. And of the Englilh, Sir 
 John Cook, Mr. Godolphin, and Mr. Clark, or any two of them. 
 
 The Duke of Queenfberry acquainted the Englifli Commiffioners, that they had 
 prepared an anfwer to the propofal given in by their Lordfiiips at their preced- 
 ing meeting ; the tenor whereof follows. 
 
 The Commiffioners for the Kingdom of Scotland do agree, that the Kino-- 
 doms be united into One, by the name of " The Kingdom of Great Britain;" and 
 that the fucceffion to the Monarchy of this United Kingdom of Great Britain, la 
 default of the iffue of the body of her Majefty Qiieeu Anne (which God forbid !), 
 fliall defcend on Piincefs Sophia, Eleftorefs Dowager of Hannover, and re- 
 main to- her, and the heirs of her body, being Prcteftants, (fechiding all Papifts) 
 for ever, conform to the Aft of Parliament made in England in the 12th and 13th 
 years of the reign of the late King William, intituled, " An Ad for the further 
 
 ♦' limitatloa
 
 754 
 
 APPENDIX. 
 
 *' limitation of the Crown, and the better fecuring the Pvights and Liberties of 
 *' the Subje£ls," referving the other conditions and provifions, contained in the 
 above-meniioned Acft, to be confidered in the further progrefs of the Treaty, in 
 order to be adapted to the Conftitutions and Laws of both Kingdoms. 
 
 Then the Lord Keeper acquainted the Scots Commiflioners, that they had pre- 
 pared an anfwer to two of the Articles propofed by their Lordfhips, having the 
 third under confideration, which was read as follows : 
 
 The Lords Commiffioners for England have taken into their confideration two 
 of the three Articles offered by your Lordfliips on the part of Scotland, viz. 
 I. The uniting the Two Kingdoms into One iVIonarchy : 2. The reprefenting 
 both Kingdoms in One Parliament : and are come to the following refolution : 
 *' That there can be no doubt of their Lordfhips agreeing to the firft Article, it 
 " being comprehended in what their Lordfhips have offered: That, as to the 
 ** 2d Article, their Lordfhips agree to the Propofition in general, referving to 
 *' their future confideration fuch propofals as fliall be offered to make it prafti- 
 «' cable." 
 
 My Lord Duke of Queenfberry moved, That fince they had given their Lord- 
 fhips a full anfwer to the propofals offered by them at their preceding meet- 
 ing, and have only received their Lordfhips' anfwer to two of the three Articles 
 propofed by them, that nothing fliould be entrcd by the Secretaries in their 
 books till they have an anfwer to their third Article, about the Communication 
 of Trade ; which was agreed to. 
 
 And then they adjourned to Monday, the 30th November, at fix in the even- 
 ing, 1702. 
 
 Die Luna, 30th November, 1702. 
 
 TH E Commiffioners met, the Lord Keeper of England acquainted the Lords 
 Commiffioners for Scotland, that they had prepared an anfwer to the third 
 Article offered by their Lordfliips about the Communication of Trade, and a pro- 
 pofal relating to the fame ; both which were read as follows ; 
 
 The Lords Commiffioners for England have taken into their confideration the 
 3d Article propofed by your Lordfhips, viz. The mutual Communication of 
 Trade and other Privileges and Advantages, and are come to this Refolution : 
 
 Their Lordfhips agree, that a mutual Communication of Trade and other Pri- 
 vileges and Advantages is proper and reafonable in a compleat Union of the Two 
 Kingdoms. 
 
 Their
 
 APPENDIX. 7is 
 
 Their Lordfliips propofe, that your Lorfliips' Anfwer to the propoful from 
 the Commiffioners for England, which relates to the uniting the Two Kingdoms in 
 One, and fettling the SuccefTion, may, together with their prefcnt anfvvcr to the 
 third Article, be entered into the refpeftive Books and Journals. 
 
 The Duke of Queeniberry told their Lordfliips', that the Lords Commif^- 
 fioners for Scotland would take their Lordfhips' anfwer and propofal into coa- 
 fideration againft next meeting, and then adjourned till the next day. 
 
 Die Marlis, ifl December, 1702. 
 
 THE Lords Commiffioners for Scotland met at the time appointed, but, 
 there not being a quorum of the Englifli, they adjourned to Friday there- 
 after. 
 
 Die VeneriSy 4th December, 1702. 
 
 TH E Commiffioners being met, the Duke of Queenfberry Hiid, that the Lords 
 Commiffioners for Scotland had fomething to offer to their Lordfhips, in 
 reference to their Lordfhips' anfwer to the third Article about Communication 
 of Trade, which was read as follows: 
 
 The Lords Commiffioners for Scotland, havingtaken into confideration your Lord- 
 fliips' anfwer to the third Article of their propofals, wherein your Lordfliips agree, 
 that a mutual Communication of Trade and other Privileges and Advantages is pro- 
 per and reafonable in a compleat Union of the Two Kingdoms, their Lordfhips 
 conceive that the uniting the Two Kingdoms into a iVIonarchy, in One Parliament, 
 andOnelineof fucceffion, isfuch an Union as entitle the fubjeiftsof both Kingdoms 
 to a mutual Communication of Trade, and other Privileges and Advantages ; and, if 
 your Lordfhips do acquiefce and confent to the Communication of Trade in thefe 
 terms, the Lords Commiffioners for Scodand do confent that the anfwer and this 
 addition be entered in the refpeftive Books and Journals. 
 
 The Lords Commiffioners for England withdrew to confider this, and returning 
 within a little, the Lord Keeper offered what follows ; which was read. 
 
 Their Lordfliips conceive that the Union cannot be compleat till the Terms are 
 adjufted upon which it is to be conflituted, and therefore, though they allow the 
 Communication of Trade and other Privileges to be the necelTary refult of a com- 
 pleat Union, yet in the method of proceeding they muft firft fettle with your 
 Lordfhips the Terms and Conditions of the Communication of Trade and othej- 
 Privileges, and they are ready to enter upon the confideration of them in fuch a 
 method as fliall be agreed on, and moft likely to bring this particular matter to a 
 fpeedy determination. 
 
 6 They
 
 736 APPENDIX. 
 
 They move, that their anfwsr to the propofal from the Comminioncrs of Eng- 
 land, which relates to the uniting the Two Kingdoms into One, and fettling the 
 SuccefTion, maybe entered. 
 
 To this the Lords Commiflioners for Scotland, after having withdrawn for fome 
 time, and returned, made the following anfwerj which was read, and agreed to 
 by the Englifli CommifTioners. 
 
 The Lords Commiflioners for Scotland are fatisfied to treat the particulars of 
 the Communication of Trade, in order to adjuft the fame, and do agree that the 
 Propofals and Anfwers mutually made on either fide be entered in the refpeftive 
 Books and Journals in the terms of the Preliminaries. 
 
 Then the Duke of Queenfberry offered, on the part of the Lords Commiflioners 
 for Scotland, the following Propofals, which were read, and agreed to by the Eng- 
 lifli without withdrawing. 
 
 The Lords Commiflioners for Scotland propofe to your Lordfliips, that, for pre- 
 paring and facilitating matters which may occur in this Treaty, there may be a 
 Committee, confifling of four or five perfons of either Kingdom, nominate from 
 time to time, to meet and difcourfe the points that may properly fall in to be con- 
 fidered in this Treaty, and to report what hath pad to the refpeftive Commif- 
 fioners, that in the General Meeting they may proceed with the greater unanimity 
 and difpatch. 
 
 Refolved, That this Committee confift of Six of each fide, who were named as 
 follows ; of the Scots Commiflioners, Marquis of Annandale, Duke of Argyle, 
 Earl of Seafieid, Vifcount of Tarbat, Vifcount of Stair, Sir Patrick Johnftoun, or 
 any three of them. Of the Englifli Commiflioners, Archbifliop of York, Earl of 
 Carlifle, Earl of Scarborough, Lord Chief Juflice Trevor, Sir John Cook, Mr. 
 Godolphin, or any three of them. 
 
 Adjourned to the 9th inflant : Committees to meet on Monday the 7th inftant 
 at 10 in the forenoon. 
 
 Die Merc wit, 9th December, 1702. 
 
 r"1~^ H E Duke of Queenfberry, on the part of the Lords Commiflioners for 
 1 Scotland, made the following Propofals. 
 
 1. That there be a I-'ree Trade betwixt the Two Kingdoms, without any impofi- 
 tion or diflinction. 
 
 2. That both Kingdoms be under the fame regulation, and liable to equal iin- 
 pofitions for importation and exportation ; and that a Book of Rates be adjufled 
 for both, 
 
 3. That
 
 APPENDIX. 737 
 
 3. That the fubjeifls of both Kingdoms, and their feamen, and fliipplng, have 
 equal freedom of Trade and Commerce to and from the Plantations, and be under 
 the fame Regulations. 
 
 4. That the Afls of Navigation, and all other laws in either Kingdom, in fo 
 far as contrary to, or inconfiftcnt with, any of the above-mentioned Propofals, be 
 refcinded. 
 
 5. That neither Kingdom be burdened with Debts contrafted, or to be con- 
 tracted, by the other before tiie Union ; and that the equality of Impofitions, in the 
 2d Propofal, be undcrftood with an exception of impofitions laid on, or appro- 
 priate, by the Parliament of England for payment of their debts, or, if an 
 equality be thought neceflary, that there be allowed to Scotland an equivalent. 
 
 6. That the former Propofals are made without prejudice to the Companies 
 or Manufaftories of either Kingdom, which are referved to further confideration 
 in the progrefs of this Treaty. 
 
 Tlie Lords C:ommifrioners for England took thefe Propofals to confideration. 
 
 Refolved, That the former Committee be revived, and that they have power 
 to meet any time before the General Meeting, and difcourfe on the fubjedt of the 
 above Propofals, and report to the refpeftive Commiffioners. 
 
 Refolved, That two of each fide be added to the Committee, the quorum con- 
 tinuing as before. 
 
 Nominate by the Lords Commlflioners. 
 
 For SCOTLAND. I For ENGLAND. ] 
 
 Lord Boyle, 1 Earl of Burlington- 
 
 Lord Prefident of the Seffion. | Samuel Clerk, Efq. 
 
 And then they adjourned to Monday the 14th December. 
 
 Die Luna, 14th December, 1702. 
 
 THE Lord Keeper acquainted the Lords Commiffioners for Scotland, that, 
 having been taken up with publick bufinefs fince the laft meeting, they 
 had not prepared anfwers to the propofals then offered by them, but that they 
 fhould endeavour to have them ready againfl: the next. 
 
 He ahb acquainted their Lordfliips, that her IVlajefty defigns to honour this 
 meeting with her prefence ; and moved, that the propofals made on either fide 
 fince the commencement of the Treaty, and the Refolutions taken thereupon, 
 ihould be read over to her Majefly. 
 
 5 B Within
 
 738 APPENDIX. 
 
 Within a little her Majefly canje in, and, being fet in her chamber, fpokc to 
 the Lords Commiffioners to this purpofe : 
 
 «< My Lords, 
 " "H"Am fully perfwaded, that the Union of the Two Kingdoms will prove the 
 ** A happinefs of both ; anJ render this iiland more formidable than it has been 
 " in pad ages ; that I wifli this Treaty may be brought to a good and fpeedy 
 " conclufion, I am come to know what progrefs you have made in it, and I do 
 " affure you nothing fhall be wanting on my part, to bring it to perfeftion." 
 
 The Lord Keeper told her Majefly, That what was then under confideration 
 was, fome Propofals offered on the part of their Lordlhips for Scotland about 
 Trade, to which they had not yet prepared an anfwer, but defired to know if her 
 Majefty would hear read the Propofals formerly given on either fide, and the Re- 
 folutions taken thereupon ; which her Majefty allowed. 
 
 After reading whereof, her Majefty went away, and the Commiffioners ad- 
 journed to the i6th inftant. 
 
 Die Mercurii, i6th December, 1702. 
 
 TH E Commiffioners met, and the Lord Keeper in name of the Engllfh Com- 
 miffioners gave in the following paper to the Lords Commiffioners for Scot- 
 land, which was read, as follows. 
 
 Some Confiderations of the Lords Commiffioners for England upon the Propofals 
 delivered by the Lords Commiffioners for Scotland on the 9th inftant, to be pro- 
 pofed as the fubjeft matter of debate between the Lords Commiffioners of both 
 Kingdoms. 
 
 As to the firft Article, their Lordftiips are of opinion, that there be a Free 
 Trade between the Two Kingdoms, for the native commodities of the growth, pro- 
 dudl, or manufaflory of the refpeftive countries, with an exception of wool, ftieep^ 
 and (heep fells, and without any diftinflion or Impofuion, other than equal duties 
 upon the home conlumption rcfpe(fllvely ; their Lordffiips being of opinion, that 
 the Trade between the Two Kingdoms cannot be upon an equal foot, unlefs the faid 
 duties and impofitlons be the fame in Scotland as in England. 
 
 And this Article refpefting a Coaft-trade, It feems rcaionable for their Lord- 
 ffiip's to infift, that the Maftcr, Mariner, and Goods, fliould be under the fame fe- 
 curiues, penalties and regulations, as arc In that cafe provided by the laws in 
 
 England, 
 
 As
 
 APPENDIX. 
 
 739 
 
 As to the 2d Article, it feems reafonable; but their Lordfhips offer, that it 
 will be neceffary therein to add a provifion, That not only the impofitions on 
 Trade, but the prohibitions be the fame on both fides in refpeft as well of Impor- 
 tations as Exportations. 
 
 As to the 3d Article, their Lordfliips fay, that the Plantations are the property 
 of Engliftimen, and that this trade is of fo great a confequence, and fo beneficial, 
 as not to be communicated, as is propofed, till all other particulars which flull be 
 thought neceffary to this Union be adjufted ; and, as the cafe now fliands by law, 
 no European goods can be carried to the Englifh Plantations but what have been 
 firft landed in England, except Salt, Irifh and Scots provifions, fervants and horfes, 
 Madeira wine, and wine of the Azores ; nor can the produft of the Plantations 
 be carried to other parts of Europe till it be firft landed in England. Their 
 Lordfhips further offer, that in this Article it will be neceffary to make pro- 
 vifion, that the fubjeifls of Scotland fliall be liable to be preffed for the fea, in 
 the fame manner as the Englifh fubjefts are, in time of war, for her Majefty's 
 fervice. 
 
 As to the 4th Article, their Lordfhips agree, that an Aft of Navigation muH 
 be granted in both Kingdoms adapted to the terms of the Union. 
 
 As to the 5th Article, their Lordfhips fay, that the propofals therein con- 
 tained feem to contradift what was granted by the 2d Article, in as much as 
 there is no duty fubfifting on trade (excepting only on fome funds for the Civil 
 Government) but what is appropriated to the payment of the debts of the Nation ; 
 that though the faid debts have been contracted by a long war entered into, 
 more particularly for the prefervation of England, and the dominions thereto be- 
 longing, yet that Scotland has tafled of the benefits which have accrued to Great 
 Britain in general, from the oppofition that hath been made to the growth and 
 power of France ; that fuch burdens will be abundantly recompenfed to Scotland 
 by a compleat Union : to which compieat Union, as a free communication of 
 trade is efl'ential, fo fuch a free communication of trade cannot be eftablifhed with 
 equality, unlefs the fame duties both upon foreign trade and home confumption 
 be levied on both Kingdoms : but how the fums of money thereby ariCng within 
 the faid realm fhall be applied, or what equivalent is to be allowed in the room 
 thereof, may be fettled when your Lordfhips are ready to offer what proportion 
 of the publick burdens Scotland propofes to bear towards the future fupport of 
 the Government, both in times of peace and war. 
 
 5 B 2 As
 
 74^ 
 
 APPENDIX. 
 
 As to the 6th Article, then- Lordfliips fay, that it requires to be further ex- 
 plained, before they can be ready to give any anfwer to it. 
 
 After giving in the above Propofals, in anfv^er to the lafl: Propofal made by 
 Scotland, the Englifli defned a day for a conference on both might be appointed, 
 which was accordingly appointed on Saturday next. 
 
 Die Satumi, 19th December, 1702. 
 
 TH E Commiflioners on both fides had a full conference upon the fubjeft of 
 the Communication of Trade in the forefaid Propofals and Anfwers, which 
 was very amicable : and their Lordfhips for England agreed to all the Propofali 
 made by their Lordfhips for Scodand ; and a Committee was appointed to draw 
 up the Refolutions taken thereupon, to be offered at their next meeting on Wed- 
 nefday the 2^^ inftant. 
 
 Die Mercurit, 23d December, 1702. 
 
 'T^ HE Committee having met to draw up the refuk of the conference of the 
 -■- 19th inftant, to have been this day prefented to the General Meeting, and 
 there not being a quorum of the Englifh, they adjourned to the 29ih inftant. 
 
 Die Martis, 29th December, 1702. 
 
 A Quorum of the Scots Commiffioners being met at the ufual place of meet- 
 ing, and there not being a quorum of the Engliflx, they adjourned to the 
 30th inflant. 
 
 Thefe frequent difappointments feeming to denote an indifFerency on the part 
 of the Englifh, the Scots began to fignify their impatience, fo as feveral of them, 
 tlireatened to return to Scotland. 
 
 Die Mercurii, 30 December, 1702. 
 
 'T^HE Commiflicners met; and at their takinsr their places the Lord 
 -■- Keeper faid, their Lordlhips of England had f ken notice of the publifliing 
 of fome of their proceedings in the Flying-poft, w'iich they thought not con- 
 venient, and therefore had ordered their Secretary ^ot to give out any copies of 
 their proceedings, and defircd their Lordlhips for Scotland would do the like ; 
 which was agreed to; And then 
 
 The
 
 APPENDIX. 741 
 
 The Lord Keeper offered a paper, conmining the refulr of the lafl; conference 
 in the propofals made by the Lords Commiffinncrs for Scotland about Trade: and 
 the Duke of Queenfberry offered auuiher : which were both read ; the Enghfh in 
 the followiBg terms : 
 
 Agreed by the Lords Commiffioners oi both Kingdoms in the terms of the 
 PreHminaries, and to take effect when the Union (hail be compleated. 
 
 1. That there be a Free Trade between all the fubjefts of the ifland of Great 
 Britain, without any diftinftion, in the fame manner as is now pradifed from one 
 part of England to another ; and that the Mafters, Mariners, and Goods, be under 
 the fame fecurities and penalties ia the Coafting-trade. 
 
 2. That both Kingdoms be under the fame Regulations and Prohibitions, and 
 liable to equal Impofitions for Importation and Exportation, and upon the Home 
 Confumption, and that a Book of Rates be adjufted for both. 
 
 3. That the fubjefts of both Kingdoms, and their feamen and {hipping, have 
 equal freedom of Trade and Commerce to and from the Plantations, under fuch 
 and the fame Regulations and Reftridions as are and will be neceffary for pre- 
 ferving the faid Trade of Great Britain ; and that the feamen of Scotland be 
 equally liable to the publick fervice, as the Seamen of England now are. 
 
 4. That fuch laws, part or parts of the Afl of Navigation, or of any other 
 law now in force in either Kingdom, as fhall be contrary to, or inconfiften: with,, 
 the Union, fliall be on both fides repealed. 
 
 The paper offered by the Scots differed only materially from this, in thar 
 in the fecond Article the words " and upon the Home Confumpt" were left 
 out, and fo need not to be inferred. 
 
 After reading of which, the, Scots Coramiflioners withdrew; and returning 
 within a little, the Duke of Queenfberry told their Lordfhips for England, that 
 they had taken notice of fome things in' the paper offered by. their Lordfliips,. 
 ivhichdid not feem properh to fall under the head of Trade, as the duties on 
 Home Confumpt, The Engl^ifli infifled that it did. So it was moved that there . 
 iliould be a conference on th.s matter Saturday next,. 
 
 D/f
 
 54S APPENDIX. 
 
 Die Saturni, January 2, 1702-3. 
 
 A T the Conference the following Articles were agreed on, and ordered to be 
 -*^^ inferted in the Journals, the Englifli having been fatisfied that the Impofi- 
 tlon on Home Confumpt (hould be referved to a conference at next meeting, 
 which was appointed to be upon Monday thereafter. 
 
 Agreed by the Lords Commiffioners for both Kingdoms in the Terms of the 
 Preliminaries, and to take place when the Union fhall be compleated. 
 
 1. That there be a Free Trade between all the Subjefts of the Ifland of Great 
 Britain without any diftinflion, in the fame manner as is now praftifed from one 
 part of England to another ; and that the Mafters, Mariners, and Goods, be under 
 the fanje fecurities and penalties in the Coaftingtrade. 
 
 2. That both Kingdoms be under the fame regulations and prohibitions, and 
 liable to equal impofitions for Importation and Exportation, and that a Book of 
 Rates be ajufted for both. 
 
 3. That the fubje£ls of both Kingdoms, and their feamen and (hipping, have 
 equal Freedom of Trade and Commerce to and from the Plantations, under fuch 
 and the fame Regulations and Reftriftions as are and will be neceiTary for pre- 
 ferving the faid Trade of Great Britain ; and that the feamen of Scotland be 
 equally liable to the public fervice, as the feamen of England now are. 
 
 4. Such laws, part or parts of the ACs. of Navigation, or of any other law now 
 in force in either Kingdom, as (hall be contrary to, or inconfiftent with, the Terms 
 of the Union, (hall be on both fides repealed ; and that an Aft of Navigation be 
 framed and adapted to the Terms of the Union. 
 
 Die Luna, 4 January, 1702-3. 
 
 THE Lords CommiiTioners from Scotland being met, there not being a 
 quorum of the EngliOi, they adjourned to the 8th inflant ; and, upon the 
 like difappointments on the part of the Englilh, they further adjourned three 
 fevcral times, without doing any bufmefs, the lad of which was to the 12th 
 indant. 
 
 Dlt
 
 APPENDIX. 743 
 
 Die Martis, 12 January, 1702-3. 
 
 TH E Commiffioners of both fides being met, they had a long conference in 
 relation to the Home Confumpt ; in which the Englifti feemed pofuive, that 
 an equality of impofition-! throughout the United Kingdom is abfokuely neccffary, 
 but feemed inclinable to condefcend, that Scotland fliould be exempted from all 
 Excifes and Duties laid on for payment of debts contrafted by England before the 
 Union, but that Scotland fliould be fubjeft to fuch duties as ihould be laid on for 
 exigencies after the Union; and adjourned to the i8th inftant. 
 
 Die Lima, 18 January, 1702-3, 
 
 ^ I ^ H E Duke of Quecnfberry, for the Lords Commiflioners for Scotland, ac- 
 -'■ quainted their Lordfliips of England, that they had drawn up fome Ar- 
 ticles, as the refult of their lafl conference, in which they had yielded as much 
 in the feveral points therein-mentioned as poffibly they could ; which Articles 
 were read, and taken into confideration by the Lords Commiffioners for England 
 againft the next meeting, which was appointed to be upon the 20th inftant. 
 
 - Follows the Articles offered by the Scots. 
 
 1. That neither Kingdom be burdened with debts contrafted or to be con- 
 tra£led by the other before the Union; and that no other or greater Excife, or other 
 Duties on Home Confumption, or Inland Taxes, be raifed or impofed within that 
 part of the United Kingdom now called Scotland, than thefe now on foot there, 
 till the debts of England, contrafted or to be contra£led before the Union, be fully 
 farisfied and paid. 
 
 2. That, after payment of the Englifti debts as aforefaid, that part of Britain 
 now called Scotland Ihall be fubjeft to the furvey of the Parliament of Grea" 
 Britain, and be liable to fuch Excife, and other Home Duties, as (hall, by the 
 faid Parliament, be thought juft and fuitable to the circumftances of that part of 
 the United Kingdom for the time; provided, that the proportion of Inland Duties 
 and Impofitions of that part of the United Kingdom, fliall not then, or ever 
 after, be more than that of the neighbouring counties of the novv Kingdom of 
 England. 
 
 3. If any goods or merchandize of the native produft of Scotland, not liable 
 to any Excife or Impofition there, fliall be tranfported from Scotland to England 
 
 6 by
 
 744 APPENDIX. 
 
 by fea or land, the faid goods and merchandize when brought into England fhall 
 be liable to the fame Duties, and no other, which might have been raifcd or ex- 
 acted if they had been of the native produft of England. 
 
 4. As an equivalent to Scotland for becoming fubjefl to the fame regulations 
 Tvith England in Export and Import, and for the encouragement of Fifliing and 
 Trade, andManufaclory in Scotland, that out of fome effeftual branch of the revenue, 
 arifing from that part of Britain now called Scotland, there be 10,000/. yearly 
 after compleating the Union, appropriated towards carrying on the Fifhery, and 
 improving the Manufafturcs and native produ(fl: there, as fliall be direfted and or- 
 dered by Commiffioners and Truflees to be named for that purpofe. 
 
 5. That 48,000 /. (hall be reckoned as the juft proportion of Scotland in the 
 4/. rate of land-tax, and fo proportionally in all Land-taxes in time coming. 
 
 Die Veneris, 22 January, 1702-3. 
 
 THERE not being a quorum of the Englifli, and the Scots being met in their 
 own chamber in the Cock-pit, the Marquis of Normanbie and Earls of 
 Pembroke and Notingharae came unto them from fuch of the Englifli Commif- 
 fioners as were met in the Council Chamber, to fignify that they were fo much 
 afhamed of the frequent difappointments they had given them, that, for prevent- 
 ing the like for the future, they had r.efolved amongfl: themfelves to apply to her 
 Majefty for a new Commiffion under the Broad-feal^ in which feveii might be 
 named a quorum. 
 
 After thefe Lords withdrew, the Scots Commiffioners confidered the propofition, 
 and having caufed read their own Commiffion, by which they are authorifed to 
 treat with Commiffioners to be named by her Majefty under the Broad-leal of Eng- 
 land, their fufficient number, which is not fpccified, they thought themfelves 
 fufficiently warranted to treat with that number of the ETiglifli which fliould be 
 determined by the Commiffion under the Great-feal of England, and of this they 
 acquainted the Englifli, by the Marquefs of Annandale, Earl of Seafield and 
 Vifcoiint of Tarbat, and then adjourned to Saturday the 23d infl:ant. 
 
 Die Satiirni, 23 January, 1722-3 
 
 ^T^ ME Commiffioners being met, the Englifli gave in a new Commifllon under 
 
 -■- the Broad-feal of England, whereby feven were appointed a quorum; and 
 
 the fame being read, the Lord Keeper offered in writing the following confider- 
 
 adons upon the Articles in reference to Home Confumpt offered by their Lordfliips 
 
 of
 
 APPENDIX. 
 
 745 
 
 of Scotland on the i8th: ■which Confiderations being read were by the Scots 
 Comminioners taken into confideration till next meeting, whicli was appointed on 
 the 27th inflant; and a Conference appointed on the 26th inflant. 
 
 Follows the Confiderations offered by the Engli(h. 
 
 I. A 8 to the former part of the firfl: Article, viz. that neither Kingdom be 
 J7\. burdened with the debts contracted, or to be contrafled, by the other 
 before the Union, it being the fame in termlnis with the 5th propofition delivered 
 by your Lordfliips on the 9ih December ; the obfervation made then may fullice 
 for a reply to it now, viz. that though the debts of England have been con- 
 trafted by a long war, entered into more particularly for the prefervation of Eng- 
 land, and the dominions thereto belonging, yet Scotland has had its fliare in the 
 benefits which have accrued to Great Britain in general from the oppofition that 
 has been made to the growth and power of France, and have encreafed the 
 number of their feamen confiderably, by the employment they had in the Coaft- 
 trade of England during the war. But as it is neceffary they fliould be under 
 equal impofitions with regard to the balance of trade and manufactories when 
 theKingdoms fliall be united, and a Free Communication of native produft fettled, 
 fo it may be reafonable that the money, fo raifed upon that part which is now 
 called Scotland, fliould be applied to the fecurity and protedtion of Scotland, and 
 the Trade thereof: nor does it follow, that becaufe the duties now raifed on par- 
 ticular funds in England are appropriate for payment of debts, that therefore, 
 when the like duties are laid on in Scotland, they mufl; be applied in the fame 
 manner : but for their Lordfhips to propofe that there be no other duty in Scot- 
 land than thefe now on foot there till the debts in England contrafted, or to 
 be contrafted, before the Union, be fully fatisfied and paid, fets the prefent 
 trade on an equal foot (which is intended by an equality of impofitions) 
 at fuch a diflance, 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 firft Millioa 
 Act, anno 4 and 5, of the late King and Queen, was granted for 99 years ; one 
 iiine-pences more (which is the fund of the lottery) for about eight years yet to 
 come ; one nine-pences more (which is the Bank-fund) inheritance to the Crown ; 
 as are alfo the feveral duties upon fait, and half that on ftamped paper, though 
 in thefe latter duties there are claufes of provifion for redemption ; but whillt it is 
 infiHed, that there fliall be no other nor greater In Scotland than are already paid 
 there, it may be prefumed that thefe already mentioned are enough to prevent 
 the neceffity of enquiring into the number or proportion of what they have in 
 Scotland, where if, by exemption from fuch duties, a clothier can fubfift himfelf 
 
 5 C at
 
 74(5 APPENDIX. 
 
 at j^d per diem, whereas he cannot fubfift in England under ^d. per diem, then a 
 Inch manufacturers who fhall go thither will be able to underfell, and confe 
 quentl)' out- trade thofe that ftay in England, half in half, in what relates to thei 
 labour, by fubfifling fo much cheaper; but the workmanfhip of every pound o 
 wool made in cloth advances the value of it near nine parts in ten for its fall 
 coft. 
 
 2. As to the fecond Article, their Lordfhips fay, that duties upon the Home 
 Confumption require to be equally laid on all the parts of the United Kingdoms ; 
 nor do the Northern Counties of England pay lefs duties of Excife (as feems here 
 fuggefted) than the Mid-land, but rather more in proportion to the value of their 
 counties and commodities excifed, 
 
 3. As to the third Article, it is needlefs to debate upon it till the firfl; be fettled, 
 thefe two depending the one upon the other. If indeed the Lords Commiffioners 
 for England fhould think it expedient to exempt Home Confumption of Scotland 
 from any new duties, for fome reafonable period of time, till that Kingdom began 
 to reap the benefit of the Free Communication of Trade intended by the Union, 
 then their Lordlhips will infill that fuch commodities as pay duties in England 
 may be cleared with the fame duties when they are exported or brought out of 
 Scotland into England, and upon fome other provifions which will be requifite to 
 prevent frauds in her Majtlly's revenues. 
 
 4. As to the 4th Article, the Lords Commiflioners for England fay, that the 
 Free Communication, efpecially of the Foreign Trade, to which in the terms of the 
 preliminaries their Lordlhips have affented, is fo great a benefit to Scotland, 
 that they did not expecl an equivalent Ihould have been mentioned, for the equality 
 of Lnpofition on Importation and Exportation ; befides, their Lordlhips fay your 
 Lordiflips have already agreed upon an equality of impofiiions as to foreign trade, 
 both as to Exportation and Importation. 
 
 5. As to the 5th Article, it will be impolTible to determine this point till their 
 LordQiips fhall be informed of the value of the lands in Scotland; and this may 
 be further debated when their Members or Reprefentatives in the Parliament of 
 Great Britain fliall be fettled. 
 
 Bie
 
 APPENDIX. 747 
 
 Die Merciirii, 27 January, 1702-3. 
 
 TFIE Commiffioners for the Conference having met on the 26th inftant, the 
 Scots Commiflioners thought it befl to give anfwers in writing to the Con- 
 fiderations offered by the Englifli, which might be entered in the books with the 
 Confiderations, and gave them in accordingly, which prevented the Conference, 
 for the Enghfli defired to confider the anfwers till next meeting, which was ap- 
 pointed on the 28th inftant. 
 
 Die yov'ts, 28 January, 1702-3. 
 
 THE Commiffioners having met, the Lord Prefident, on the part of the Lords 
 Commiffioners for England, offered the following paper, as their Lordffiips' 
 fenfe of the Conference at the preceding meeting, which was read as follows : 
 
 The Lords Commiffioners for England agree, that neither Kingdom fhail be 
 burdened with the debts of the other contrafled before the Union, and that no 
 duties on Home Confumption, or taxes to be levied from Scotland, (liail be applied 
 for payment of the Englifh debts; and whatever time may be fit to be allowed to 
 Scotland to reap the benefit of the Communication of Trade, and enable them the 
 better to pay duties on Home Confumption equal to England, is mod proper to be 
 determined in the refpe<f^ive Parliaments of both Kingdoms, 
 
 Then his Lordfhip offered, on the part of the Lords Commiffioners for Eng- 
 land, an anfwer to the propofition made at the laft meeting by their Lordfhips 
 of Scotland ; which was read as follows : 
 
 As to the laft Propofition, delivered the 27th indant, their Lordfhips fay, it 
 has been found by experience, that Two Companies exifting together in the fame 
 Kingdom, and carrying on the fame traffick, are defirudive to trade, and are 
 therefore of opinion, that to agree with this propofition will be inconfiftent with 
 the interefi; of Great Britain. 
 
 The Lords Commiffioners for Scotland withdrew, to confider thefe papers-, and 
 returning to the Council Chamber, my Lord Duke of Queenfberry acquainted 
 their Lordfhips of luigland, that the Lords Commiffioners for Scotland would 
 con(ider their Lordfliips' anfwer to their propofition about the Company againft 
 the next meeting ; that they had now prepared for their Lordlliips what they 
 
 5 C 2 took
 
 74S APPENDIX. 
 
 took to be their Tenfe of the paper they had received from their Lordfhips, which 
 ■was read as follows : 
 
 The Lords Comminioners for Scotland undcrnand the paper given in by their 
 Lordfhips in this fenfe ; that neither Kingdom (hall be burdened with the 
 debts of the other contrafted before the Union, and that no duties on Home Con- 
 fumption, or taxes to be levied from Scotland, Hiall be applied to the payment of 
 Knglifh debts; and that a time be allowed to Scotland to reap the benefit of the 
 Communication of Trade before that Kingdom become hable to pay other or 
 greater duties on Home Confumption, or Inland Taxes, than thofe now on foot ; 
 and that it is mofl proper to be determined by the refpeflive Parliaments of both 
 Kingdoms how long that time of exemption fliall fubfift. This paper their Lord- 
 ihips of England took into confideration againft next meeting. 
 
 The Duke of Queenfberry moved, that fince they were fo near agreeing on 
 this matter, which was only the firft of the Articles offered on the i8th inftanr, 
 that they fhould proceed to the confideration of the other Articles. 
 
 And accordingly the fecond of the faid Articles was read, and the Confidera- 
 tion and Anfwers relative thereto were fpoke to by the Lords Commiffioners on 
 both fides ; but before coming to any refolution, their Lord(hips adjourned to the 
 30th inflant. 
 
 Die Saturni, 30 January, 1702-3. 
 
 THE Commiffioners having met, the Lord Prefident of the Cvouncil, on the 
 part of the Lords Commiffioners for England, acquainted their Lordfliips 
 of Scotland, that they had drawn up an Article in reference to the matter which 
 "had been the fubjeil of conference at the two laft meetings, which he hoped would 
 give their Lordfliips full fatisfa6tion. 
 
 The faid Article was read ; and the faid CommilTioners for Scotland having with- 
 drawn to confider the fame, and returning to the Council-chamber, my Lord 
 Duke of Queenfberry acquainted their Lordfliips of England, that the Lorda 
 Commiffioners for Scotland had agreed to the Article as given in by their Lord- 
 fhips, undcrftanding their Loidffiips' fenfe of the laft claufe to be fuch, as that, 
 it relates to the length of the time to be allowed to Scotland. 
 
 Ordered, That the faid Article be infert in the Journals of this day, as agreed 
 on between the Lords Commiffioners of both Kingdoms. 
 
 Agreed
 
 APPENDIX. 
 
 74> 
 
 Agreed by the faid Commifl'ioncrs of both Kingdoms, that neither Kingdom 
 fhall be burdened with the debts of the other contrafled before the Union, and 
 that no duties on Home Confumption, or Taxes to be levied from Scotland, fhall 
 be applied to the payment of EngiiOi debts : And that fome time is to be allowed 
 to Scotland to reap the benefit of the Communication of Trade, and enable 
 them the better to pay duties on Home Confumption equal to England, but 
 that it is raofl proper to be determined in the refpe^ive Parliaments of both 
 Kingdoms. 
 
 Ordered, That the Journals' of what has been tranfafled hitherto be made 
 ready by the Secretaries, to be read over at the General Meeting appointed to be oa 
 Monday the firft of February. 
 
 Die Luna, i February, 1702-3. 
 
 ' J "" HE Lords CommifTioners having met, the Lord Duke of Queenfberry 
 moved, on the part of the Lords Commiffioners for Scotland, that, the firll 
 of the Propofals offered on the 18th of January being adjufled, they fhould pro- 
 ceed to the confideration of the other Articles ; whereupon the fecond and fubfe- 
 quent Articles were read feverally, and fpoke to by the Lords Commiffioners on 
 both fides ; but their Lordlhips came to no refolution on any of thefe Articles. 
 
 The Duke of Queenfberry acquainted the Lords Commiffioners for England, 
 that their Lordfhips of Scotland, having confidered their Lordlhips' anfwer to 
 their Propofuion of the 27th of January, about the Company trading to Africa 
 and the Indies, they did offer to their Lordlhips the following paper, which 
 was read, and taken into confideration by the Lords Commiffioners for England, 
 and is as follows : 
 
 By the Lords Commijjfioners for Scotland. 
 
 THEIR Lordfhips do flill infift for preferving and fecuring the Privi- 
 leges of the Scots Company trading to Africa and the Indies, becaufe 
 the Undertakers did, on the public faith of the KingJom, advance a flock of 
 2co,ooo/. or thereby; and it is not unknown to your Lorpfliips what part 
 the generality of the Kingdom, and alfo the Parliament of Scotland, did take in 
 the difcouragements and difappointments the faid Company did receive, as is fully 
 cxpreffed in the Addrefs of the Parliament to the late King. 
 
 6 2. Their
 
 750 APPENDIX. 
 
 2. Their Lordfhlps conceive, that the privileges of the Scots Company may 
 conlill: with the Englifh Eafl: India Company, or any other Englifli Company 
 which are circumfcribed to the prefent limits of England ; and it is not propofed 
 that the privileges of the Scots Company fhould be extended beyond the bounds 
 of Scotland, fo the feveral Companies do not interfere. 
 
 3. If the exifting of Companies for carrying on the fame traffick do appear 
 to your Lordftiips deflruflive of Trade, it Is not expedled that your Lordfliips 
 will infift that therefore the Privileges of the Scots Company fhould be aban- 
 doned, without offering at the fame time to purchafe their right at the publick 
 expence. 
 
 And then they adjourned to Wednefday the 3d inftant. 
 
 Die Mercuriij 3 February, 1702-3. 
 
 ' i ^HE Commiffioners having met, and there being a letter from the Queen to 
 adjourn their meeting; 
 In the name of the Commiffioners for England, faid, that, fmceher Majerty is 
 pleafed to adjourn our meeting, there are fome things fo effentially neceffary to 
 compleat the Union of the Two Kingdoms, that we think ourfelves obliged to 
 mention them before we parr, that on both fules we may come the better pre- 
 pared to fettle them at our next meeting, particularly the Conftitution of the Par- 
 liament, the affairs of the Church, and the Municipal Laws and Judicatories 
 of Scotland, for the fecurity of the properties of the fubje<5ts of that 
 Kingdom. 
 
 And then the Queen's Letter, adjourning them to the 4th of 0£lober next, was 
 read, as follows ; 
 
 A. R. 
 
 " "T) I G H T trufty, and right intirely beloved Coufins and Counfellors, right 
 " X %. trufly and right well beloved Coufins and Counfellors, right trufty and 
 " wcU-belovcd Counfellors, and trufty and well-beloved; we greet you well: 
 " Wc are extreamly plealed with the accounts wc have received from time to 
 " time in your proceedings of the Treaty of Union between our Two Kingdoms ; 
 " and though there be fome very important matters ftill remaining to be adjufted 
 " (the confideration whereof may require more time than our other weighty 
 '* affairs will now allow), jet the great progrefs you have already made, beyond 
 
 *' what
 
 APPENDIX. 751 
 
 " what has been done in any former Treaties, gives Us good hopes, that at 
 ** your nest meeting this will be brought by your good endeavours to an 
 *' happy conclufion ; to the end, therefore, that ye may duly confider by yourfelves 
 " all fuch other things as may be neceflary to compleat the Union, and that 
 " ye may attend upon your other affairs in your refpeftive flations, where our 
 ** fervice requires you, we have thought fit to adjourn, and accordingly do ad- 
 *' journ your meeting on this Treaty unto Monday the fourth day of Oftober 
 *• next. Given at our Court at St. James's, the 3d day of February, 1702-3. 
 
 To the Commiffioners appointed for treating of an 
 Union between Our Two Kingdoms, 
 
 INDEX*
 
 E 753 J. 
 
 N 
 
 D 
 
 E 
 
 X 
 
 T O 
 
 DE FOE'S HISTORY op the UNION. 
 
 A. 
 
 Page, 
 
 ABERCORN, Eail of, piotefts againft part 
 of the 1 8th Article - 450 
 
 — — Protefts againft part of the 22d Article 462 
 Addresses fent to the Queen from every part 
 of Scotland, on the apparent danger of a 
 French invafion - - 13 
 
 -I ■ From the General Aflembly, againft the 
 ufe of the Liturgy - 20 
 
 Addresses to the Parliament of Scot- 
 land AGAINST THE UnION. 
 
 — Convention of Royal Boroughs - 245 
 -^— Commiffioners of AlTcmbly - 25(5 
 I . Commiffioners addrefs a lecond time 258 
 «— The Glafgow rabble - 266 
 
 — Midlothian, Linlithgow, and Perthftiire 
 
 ^ . 3°7 
 
 ■ Stirling, Dumbartoun, Linlithgow, Dun- 
 
 keld and Dyfert - 329 
 
 — — Commiffioners of the Royal Boroughs, 
 
 Renfrew, Fife, Falkland, and Hamiltoun 
 
 334 
 
 - Commiffion of the General Aflembly 335 
 
 — ~ Tullialan, Dumferling, Borrowftounefs, 
 
 Blantyre, and Avendale - 335 
 
 — — Forfar, Cambufnethan, Cambuflang, Kel- 
 
 bryde, Bothwel and Old Munkland 337 
 
 — — Crail, Eafter Munkland, Shotts, Dalferf, 
 
 Stenhoufe, a body of people in the South 
 
 and Weftern Ifles, and Kircudbright 539 
 
 Page. 
 
 Addresses from Covington, Carftairs, Symon- 
 
 toun, Libertoun, Quothquan, Dunfyre, 
 
 Rutherglen, Carnwath, and Lanerk 344, 
 
 ■' Glafgow, Gorbels, Biggar and Lanerk 34^ 
 
 I ' Kircudbright, Crawford, Crawford-John, 
 
 Couper in Fife, and Lanerk - 353 
 
 ■I St. Andrews - - 365 
 
 Paifley • - 367 
 
 — — Glafgow, Culrofs, Saline, Carnock, Torie, 
 Stirling, Annandale, and Innerkeithing 
 
 36S 
 Roxburgh, Annan, Lochmabben, and Lef- 
 
 37a 
 
 37S 
 377 
 
 38? 
 387 
 3.97 
 
 mahago 
 
 Mid-lothian 
 
 St. Ninian's and Dunbar 
 
 —^ Air and Burnt Ifland 
 
 ■ Air, Glenftens, and New Galloway 
 
 Douglafs, Carmichael and Petinean 
 
 - Dumblain, Hamilton, Caputh, Lethendy, 
 Alyth, Kinlock, Errol, Kilfpendie, Kin- 
 nard, Inchture, Longforgan, St. Madoes, 
 Kenfauns, Logic, Airth, Larbert, Duni- 
 pace and Deny - - 399 
 
 — — Berwick - - - 410 
 
 - Lawder, Chainhilkrik and Calder 418 
 — - Mayboll, Kirkmichael, Girvan, Kirkof- 
 
 wald, Barr, and Carrick - 42; 
 
 • Aberdeen, Kincardine, Stone-haven, and 
 
 Peterhead ... 4^6 
 
 5 D 
 
 Ad-
 
 ?54 
 
 I 
 
 N 
 
 D 
 
 X. 
 
 pBge. 
 
 A R OR ESSES from Perth - 4<^'7 
 
 Obicrvations on the defign of procuring the 
 
 addrelies, and on the addrciies 3 3 1 
 
 -~- Counter addrelies thought of, but as it 
 would be a kind of polling the natijn, 
 and tend to general confufion, laid alide 
 
 332 
 — — Letters are written to the AddrefTera in 
 every part of Scotland, deliring them to 
 afiemble at Edinburgh, on pretence of 
 waiting the cftefts of their addreifes, with 
 the proceedings of Parliairent thereon 434 
 
 Only three trefbytenes addrelfed againll 
 
 the Union - - 43^ 
 
 - Copy of the addrefs of the burgh of New 
 Galfoway, as a proof of the refpc6l due to 
 fuch addreffes - - 631 
 
 Admiralty, trials there fettled on a new foot- 
 ing at the Union - - i 
 . A new Admiralty fixed - - i 
 
 - Jurifdiftion to be under the Lord High 
 Admiral of Great Britain - _ 155 
 
 • Court of Admiralty for private right, to 
 
 be continued m Scotland - ii;7 
 
 - Obfervations on the proceedings refpefting 
 Admiralty - - iii9 
 
 — — Obfervations on the proceedings refpedt- 
 ing the Court of - - 457 
 
 A Court of, erected in Scotland 579 
 
 Advocates in Scotland, fuch as the counfellors 
 
 of law in England - - 449 
 
 African Company, the fettling the affairs of, 
 
 tended to prevent the Union propofed in 
 
 1-02 - - - 65 
 
 — — Account of - - . tb 
 
 Open books for fubfcriptions at London 
 
 and Hamburgh - - 66 
 
 — — Oppofed by the Englifh Eaft India Com- 
 pany - - - - 66 
 
 ..■ The fliip Woreefter feized as a reprifal for 
 one of their (hips being feized in the 
 Thames - - _ - 78 
 
 1 Privileges to remain after the Union 
 
 169 
 
 — — Objefted to by the Commons of England, 
 who propofe a fatisfaftiun - 176 
 
 The fund to be difeharged out of the 
 
 equivalent - - . 177 
 
 Obferv ations on the proceedings refpe£ling 
 
 178 
 — — Trade from Scotland to, of i nail value 
 
 — — Proceedings concerning it 438 
 
 OWcrvation on the proceedings 440 
 
 — — Stock oftcrcd to be fold for 10 fer tint. 
 
 441 
 
 Stock to be repaid with intereft out of the 
 
 cunivalcnt - - 443 
 
 ■ Proccedingson the report of theCommittce 
 
 on - 511,512,513 
 
 -— . The report of the Committee 5 1 j 
 
 Page. 
 
 African Company, the total (lock advanced 
 
 by the proprietors with intereft, to May i, 
 
 1707 - X--29'+82 15 li 
 
 Debts due by the Com- I „ o 
 
 pany - } '4.8o9 '811 
 
 Both funis amounting to 244,292 14 o| 
 Money let to proprietors 1,126 13 g^ 
 
 Due to the proprietors 
 
 Debts due to the Com- "1 
 
 pany by the proprietors J 
 
 The dead (lock of the ~» 
 
 • Company, the whole I 
 
 to be allowed for trou- f 
 
 ble and expences J 
 
 243,166 
 22,951 
 
 1,654 
 
 of 
 
 It 
 
 5^4 
 
 Orders refpeding the payment to the pro- 
 prietors - - ciS 
 
 Oireftions for the application of the dead 
 
 (lock - - 5ig 
 
 Cnher proceedings 520,521,524 
 
 Paid fully off, and the Company died 
 
 away - . - 5^2 
 
 Alexander IIL of Scotland, a great inftance 
 
 of the vicilitude of royal (late 37 
 
 With his Queen, vifit the court of Edw. 1. 
 
 37 
 
 Lofes his Queen, both his fons and his 
 
 daughter - - 37 
 
 — — Marries Joletta, daughter of the Earl of 
 
 Dreux - . . ^8 
 
 Is killed by a fall from his horfe 38 
 
 Allegiance, proceedings againft minifters in 
 
 Scotland for not taking the Oath of 17 
 Anderson James, allowed 1,200/. a year for 
 fix years, in confideration of his trouble in 
 making collections and fearch after the an- 
 tiquities of Scotland - 455 
 Annan DALE Marquis of, and others, profeft 
 againll the third article - 354 
 — — Names of the proteftors - 355 
 Anne Queen, her fpeech to the Commil- 
 fioners of the Union, May 21, 1706 
 
 13^ 
 
 Her fpeech to the CommifTioners June 26, 
 
 1706 - - 180 
 
 Her anfwer to the CommilTioners at the ' 
 
 concluhon of the Treaty, July 23, 1706 
 
 196 
 ^— Her letter to the Parliament of Scotland at 
 
 the opening of the feffion - 215 
 
 ' Her fp^ich at opening the Parliament, 
 
 December 3, 1706 - 483 
 
 Her fpeech at palling the Aft of Union 486 
 
 — — Her letter to the Commiilioners on the 
 
 Union in 1702, at their meeting 730 
 
 — — Her ipeech to the Coinmifrioneis of 1702, 
 
 December 14 - - 738 
 
 Anne
 
 N 
 
 D 
 
 1SS 
 
 Page, 
 
 A.VN'E Queen, her letter to the Commiffioners, 
 
 Feb. J, 1701-3, to Oiftober 4, and they 
 
 never met again - - 751 
 
 /lj)othecariei. See Surgeons. 
 
 Appeal, fcheme rcfpedlng appeal in private 
 cafes, to the Peers - - - 159 
 
 Army, the foot guards of Scotland received as 
 Englifli guards, the command given to the 
 JMarquis of Lothian, and cloathed in the 
 Englifti manner - - 574 
 
 Articles o/Unmn as treated of, at London 197 
 
 As they paded the Pailianient of Scotland 
 
 — As exemplified by the Parliament of Eng- 
 land - - - 543 
 
 Assembly, ConimiJTlon of, addrefs the Par- 
 liament of Scotland againll the Union 25 ," 
 — — Their prudence and llcadinefs z^i, 
 
 — — An Att for the lecurity of the Church, 
 read and ordered to be printed - 2J5 
 — — Enleavoins made to perliiade the people, 
 that the a<St is not lufKcient for the lecurity 
 oftheChnrch • - 25^' 
 
 — — Addrefs the Parliament a (econd time 2i;7 
 .1 Proteft againil the fecond Addrei's, by the 
 
 Earls of Rothes, Marchmont, and others 
 
 258 
 
 ■ Deputed from the General Affembly 253 
 — — Addrefs Parliament for a fecurity of the 
 
 Pretbyterian Church - 234. 
 
 — — rhey appoint a general fall - 235 
 — — Their proceedings tempered withmodeliy, 
 
 calmnefs, and diicretion - 243 
 
 — -■ Their addrefs read in the Parliament 
 
 of Scotland, and promifed to be confidered, 
 
 before they vote on the Treaty 292 
 
 ■ ■ Not fatisfied with the Addrefs being put 
 
 off - - _ - 293 
 
 — — Reprefentations and petition of the Com- 
 miffioners 335 
 . Obfervations on the reprefentation, &:c. 
 
 336 
 
 Order for a day of general prayer and fup- 
 
 plication - - 606 
 
 Copy of their petition to the Duke of 
 
 Qiieenfberry - - - 608 
 
 I Copy of their reprefentation and petition 
 
 to the Duke of Queenlljerry 618 
 
 Athol, Duke of, oppoles the Union 236 
 
 -— — And others proteft againft the 8th Article 
 
 450 
 .— — Protefts againft the 2 2d Article 460 
 
 — — Names of thofe who adhered to this pro- 
 teft - - - 461 
 
 ■ This Proteft protefted againft by the Earl 
 of Marchmont and others - 463 
 
 — — Agreed, that thofe protefts fliall not be 
 entered in the minutes, but inferred in the 
 records - - - 46^ 
 
 B. 
 
 Page. 
 
 BaliolJoiin, claims the Crown of Scotland 45 
 
 — — Accepts the Crown on bafe terms oft'ered 
 
 hiiti by Edw, I. - - 44 
 
 Breaks with Edw. L in which r3aliol was 
 
 cruflied - . . .- 
 
 Banff Lord, turns Proteftant, figns the For- 
 mula, and takes the Outh o'f Allegiance 
 
 286 
 Beer, calculations refpeiling the Excife on 3 So 
 — — Difficulties refp-;cting the Excife on 5S3 
 Beilhaven Lord, his famous Ipeech againft the 
 
 Union 
 
 317 
 
 - Scotland, a free and independant kingdom, 
 giving up the power of managiiig her own 
 
 affairs 
 
 .3'7 
 
 A national Church, defcending on a level 
 
 with feilaries 
 < An. honourable 
 
 with their vafl'als 
 
 peerage, put oa a 
 
 3'7 
 foot 
 
 3'7 
 
 ■ Royal Boroughs, wormed out of their old 
 trade - . ^i-j 
 
 ■ Learned Judges, fludyingthe common law 
 
 of England . . jtS 
 
 A foldiery, fent to learn the Plantation 
 
 trade - . - 318 
 
 Tradefmen, loaded with taxes, drinking 
 
 water inftead of ale, and eating filtlcfs pot- 
 tage - - . J 18 
 
 Plowmen, with corn fpoiling for want of 
 
 fale - . . j,8 
 
 ——Pretty daughters of landed men, petition- 
 ing for want of huft)ands, and their fons for 
 want of employment - 31S 
 
 Mariners, deliveiing up their fliips to Du'ch 
 
 partners ;;i8 
 
 i Caledonia fitting in the midft of our f;nate, 
 
 attending the fatal blow - 3:8 
 
 His fecond fpscch, on the fucceffion 347 
 
 He compares the Union with Satan de- 
 ceiving Eve - . 348 
 
 Obfervations on this fpeech - 351 
 
 Births, marriages, and burials, proceedings oa 
 
 the duty on - - j^i 
 
 Border Laws to be extinguiflied by agreement 
 
 of the Commiffioners of the Union, ap. 
 
 pointed by James I. - 718 
 
 BucH AN, Earl of, protefts againft the i2d Article 
 
 460 
 
 Names of thofe who adiiered to this pro- 
 teft - - - 461 
 
 (his proteft protefted againft by the Earl 
 
 of Marchmont and others - 463 
 
 Agreed, that tliefe protefts fliall not be 
 
 entered in the minutes, but inferted in the 
 record - - - ^6r 
 
 Byng Sir George, commands the F.nglifn fleet 
 appointed to prevent the Trench invaliou 5 
 
 - — The French iieet efcapes him, and gets to 
 
 Scotland two days before him - 5 
 
 He purfues them and takes the Salifbuiy o 
 
 S D 2 c.
 
 7s6 
 
 N D 
 Page. 
 
 X. 
 
 Calberwood's Hiflory of the Church of Scot- 
 land, extraft from (the original MS. is in 
 the Britifh Mufeum, Ajfcough's cat. No. 
 
 4 734—4739) ^ r „ ■ " *5 
 
 C.AMiiRONi \NS oppoie the Union - 249 
 
 , Tenacious of their opiuiuns - 249 
 
 . Two hundied of them bum the Articles 
 
 of Union, with the names of the Commiiri- 
 
 oners at Dumfries - 2^0 
 
 — . Their mimber exaggerated to 6000, 70CO, 
 
 or even 12,000 - 2^0 
 
 , Afterwards behave with great coohiefs and 
 
 difcretion - - 251 
 
 Carlisle received 2500I. for their rightof toll 
 
 on Scotch cattle - - 4°^ 
 
 Charles 11. 40,000!. ^ir chb. fettled on him 
 
 by the Parliament of Scotland, in lieu of a 
 
 cefs - - 133 
 
 Church. Overture of an Aft on the pKinta- 
 
 tionofKirkes 504, 506, 508,510 
 
 Church of England. What is that lo cal- 
 led - - 26 
 Cinders. Proceedings of the Commiffioners 
 
 on the Duty on - 138, 144, 147 
 
 — — Article XII. Of Union refpectmg, as iet- 
 
 tled by the CommilTioners - 200 
 
 . Proceedings in the Parliament of Scotland 
 
 on - - 295' 388 
 Article XIl. As fettled by the Parliament 
 
 of Scotland - - 53^ 
 
 As exemplified in England 549 
 
 Coals. Proceedings on the Daiy on 127,144 
 
 Article XII, of Union refpecting, as fet- 
 tled by the Commiffiuners - 200 
 
 . Proceedings in the Parliament of Scotland 
 
 on Article XIl - 295> 3*>8 
 
 Article XII. As fettled in the Parliament 
 
 of Scotland - 532 
 
 ,. Article XII. As exemplified in England 
 
 549 
 
 Coin. Reformed to the Engliflt Standard, at 
 the Union - - « 
 
 Proceedings on fettling the value 167, 
 
 168, 184, 186 
 
 „ ■ Lofs on the new coinage to be paid out of 
 the equivalent - - 177 
 
 Article XVI. Of Union re^peding, as 
 
 fettled by the Commiffioners 203 
 
 . Proceedings in the Parliament of Scotland 
 
 on Article XVI. - _ 297, 444, 
 
 . Proceedings for the regulation of, in Scot- 
 land - - 442' 45^ 
 
 - Lofs by the rediiflion of ihe value to be 
 p;iid out of the cfpiivalcnt - 443 
 
 . Deficiency of Englilh lilver money made 
 
 good - - - 446 
 
 — — All the Fnglifli filver money brought 
 in on one d.iy - 447 
 
 — — Proclamation relating to approved, pro- 
 
 Page, 
 ceedings refpeftlng it • 504. 
 
 — — ArticleXV I. as fettled in the Parliament of 
 Scotland - 520, 521, 535 
 
 - Article XVI. as exemplified in England 
 
 Proceedings after the Union for reform in 
 
 Scotland - - 1196 
 
 — — One penny allowed on each Englidi iliil- 
 ling, and a proclamation that the whole are 
 to be exchanged in one day 597 
 
 — — 150,0001. flerling of foreign filver money 
 brought in - . 597 
 
 —— Denomination of money in Scotland at the 
 Union - - 597 
 
 Scotch money pafled to Sept. 1708 599 
 
 Colleges of Scotland fecured bythe Aftof fccu- 
 
 rity - 337, 340 
 
 College of Jultice, of whom compofed 449 
 
 Article XIX. Of Union refpeding it, as 
 
 fettled by the Commiffioners 305 
 
 — — Proceedings in the Parliament of Scotland 
 on Article XIX - 305, 44. , 448, 451 
 
 Article XIX. As fettled by the Parliament 
 
 of Scotland - - 536 
 
 - Article XIX. As exemplified in England 
 
 r . . . 553 
 
 Conscience, perfecution for, what it is not, and 
 
 what it is - 23 
 
 Constitution of Scotland. The alteration 
 
 it received by the Union fummed up 
 
 601 
 Constables efl;abli(lied in Scotland 593 
 
 Convention. The letter of, fent to William 
 
 III - - - 311 
 
 Cooper, William, Lord Keeper of the Great 
 
 Seal his Speech on opening the Commiffion 
 
 of Union - - 114 
 
 — — His Speech to the Commilfioners of Union 
 
 1702, 729 
 Courts of Judicatmc and Julliciary to remain 
 
 as before the Union - 148 
 
 Article XIX. Of Union refpedling, as 
 
 fetled by the Commiffioners ' 204 
 
 Proceedings in the Parliament of Scotland 
 
 on Article XIX 305, 445,440,451 
 — — Of whom compofed 449 
 Article XIX. hs fettled in the Parlia- 
 ment of hcotland - 336 
 
 ArticleXIX. As exemplified in England 
 
 ^ 3S3 
 
 Covenant and Solemn League made a plea 
 agnintl the Union 221,247 
 
 — — How far the Union was againfl it 248 
 
 Dr.' Rule's opinion of the Covenant 
 
 228, 247 
 
 Criminal Procefs in Scotland, alterations made 
 in it - - 591; 
 
 Cromwell, Oliver, hit on the only flepto fix 
 a LTnion - - 103 
 
 ~— Rendered Scotland happy and profperous, 
 by conquering it - 104 
 
 Culm.
 
 I N D 
 
 Page. 
 Culm, Proceedings on the duty on 
 
 127, 144. 
 
 — Article XII. Of the Union refpedting it, 
 as fettled by the Commiffioners 200 
 
 _ — Proceedings in the parliament of Scotland 
 on — — 295, 388 
 
 . Article XII. As fettled by the Parliainent 
 
 of Scotland - - 532 
 
 — — Article XII. As exemplified in England 
 
 549 
 Customs, "ommiffioners of were appointed at 
 the Union - - i 
 
 — - Of England at the Union 1,341,559/, 
 
 123 
 — — Of Scotland at the Unionlet at 30,000/. 
 
 124 
 .1 The laws to be the fame in Scotland as 
 
 England - - 148 
 
 . An account of the value of the annual 
 funis contributed out of the Ciiftoms of 
 Scotland, (according to the prefent produce) 
 towaids the anticipated funds of the Cuf- 
 toms of England - 189 
 
 — Articles Vll and XVIII Of Union re- 
 fpeding, as fettled by the Commiffioners 
 
 199, 203 
 
 — — Proceedings in the Parliament of Scotland 
 
 on Article VII and XV III 199, 203, 
 
 208, 292, 297, 298, 305, 376, 378, 
 
 385,388, 4^5, 4so 
 
 — Article XVIII. Of Union refpedling 
 
 203 
 _ — Earl of Abercorn and others protefl againll 
 
 Article XVIII - - 450 
 
 . Article VII. As fettled by the Parliament 
 
 of Scotland - - 530 
 
 — Article XVIII. As fettled by the Parlia- 
 nient of Scotland - 536 
 
 _ — Article VII. As exemplified in England 
 
 546 
 
 — Article XVIII. As exemplified in Eng- 
 land - - 552 
 
 . Difpiites after the Union on 1167 
 
 . ■ The Scotch merchants import quantities 
 of goods in hopes of fending them to Eng- 
 land after the Union duty-free 568 
 
 ■ I The Englifll merchants fend quantities of 
 tobacco to Scotland to receive the draw- 
 back, and afterwards to return it back to 
 England on lower duties 568 
 
 . Proceeding: to prevent fuch abufes 
 
 57°» ^72, c.n, S74 
 — — Proceedings of the Parliament of Great- 
 Britain for fettling - 57 5 
 —I Clandefline praiftices of the merchants 
 
 . Methods taken to prevent thefe praftices 
 
 577 
 " Put under a feparatc coileiflion 579 
 
 X. 
 
 D. 
 
 7S7 
 
 Page. 
 
 De Foe, Daniel, goes to Scotland in hopes of 
 forwarding the treaty - jjj 
 
 Confulted by feveral Committees of Par- 
 liament - - 21 » 
 
 Watched and fet by the mob 2^9 
 
 Confulted by the Committees on Duties of 
 
 Excite on beer &c. 
 
 3/9 
 
 Dark I EN, The affair of, big with neceflary 
 abortions - - 66 
 
 DouGi,As, Duke of, a proteft for him claim- 
 ing privileges, of leading the van of the 
 arms of Scotland in the day of battle; car- 
 rying the Crown of Scotland in proceffions, 
 and the firfi; vote in Parliament, 478 
 
 — — The firft vote claimed by the Duke of 
 Hamilton - - 478 
 
 Drawback, Cafe of the drawback on fifli ex- 
 ported from Scotland from the time of 
 making the Adt of Union to the ill of iVIay, 
 
 Duties, Ads prefented to the Parliament of 
 Scotland for the continuance of Duties 
 for private puipofes, as repairing bridges, 
 harbours, &c. - . 373 
 
 — Obfervations on the Atte 374, 
 
 East India Company, oppofe the African 
 Company - - 66 
 
 Edward I. '1 he firft who made a coalition with 
 Scotland, and afterwards conquered it 36 
 
 ■ of England, a marriage propoled between 
 his fon, and Margaret of Norway, Queeu of 
 Scotland - - 38 
 
 ■ Advantages to be expefled from this mar- 
 riage - - 39 
 
 She dies at fea - 42 
 
 Marie umpire in the difpute between Ba- 
 
 liol and Bruce for the throne of Scotland 
 
 44 
 . Ofters it to Bruce on terms of fubmiflion, 
 
 \vhorefufesit,but Baliol accepts it on thole 
 
 terms - - 44 
 
 — — Confequent wars between England and 
 Scotland - - 45 
 
 Edward Vi, A match propofedby Henry Vlli. 
 between him and Mary Queen of Scofs 48 
 
 — — Again revived by the Regency and Coun- 
 cil ... 49 
 
 .Broke ofi" by the Erench and Popifli 
 
 party - - 49 
 
 England makes vigorous preparations for 
 preventing a French invafion on Scotland 
 
 .3 
 
 — — In no condition for preventing an in- 
 
 vafioii - - 4 
 
 England
 
 758 
 
 N 
 
 D 
 
 X. 
 
 Page. 
 ENGLAND. Prepares a na\7 fupeiior to the 
 French and yet the French fail and ar- 
 rive at the Frith of Edinburg two dajs 
 before them - 4 
 
 ■ Difadvantages attending the Engli(h 
 fleet in the purfuit - 5 
 
 In a lunning fight the Saliftuiy is taken 
 
 from the French - 6 
 
 . Preparations made to meet the invafion 6 
 
 — — ^ The probable fuccefs of the French, had 
 
 they made good their landing in Scotland 
 
 9 
 
 ■ Addreffes fent to the Qiieen from every 
 part of Scotland - 13 
 
 , The names, manners, and language, of 
 
 the Antient Britons retained m Wales, 
 Cornwall, and Wef'moreland 34 
 
 The inhabitants fo mixed in blood, by 
 
 the influx occafionedby Commerce, that 
 nearly all national families are loft 34. 
 
 — — The national rancour with Scotland 34 
 
 _ A marriage propofed between the fon ot 
 
 Edward 1. and Margaret ot Norway 38 
 
 . Advantages from iuch a marriage 39 
 
 A diipenlation granted by the Pope for 
 
 the marriage - 41 
 
 . Margaret of Norway dies on her paflage 
 
 42 
 ■1 Wars between England and Scotland in 
 
 in which 600,000 perfons perillied 46 
 ►.J Occurrences which tended to prevent a 
 
 Union - - 65 
 Thoughts on the fucceffion after William 
 
 III. - • - 73 
 
 .- Difficulties in fettling the fucceffion 86 
 
 . Extravagant proceedings of the miniftry 
 
 oblige the Queen to change it 89 
 
 ■ Happy effeifts of the change of miniflry 
 
 90 
 
 — — — and Scotland to be united under the 
 
 name of Great-Britain - 116 
 
 Cufloms at the Union i,i\i,i^c,i>l.perann. 
 
 123 
 — — — Excife at the Ur.ion 947,602/. per ann. 
 
 123 
 . — Formerly feven kingdoms now incorpo- 
 rated - - 316 
 
 State of the trade with Scotland 4 1 4 
 
 Episcopacy, the depofition of, in Scotland 
 
 24 
 
 ■•— — Depofed, as the right owner recovers 
 
 an eftate by the law - 25 
 
 . Theauthojityof theexauftoratc bifliops 
 
 confitiered . - 2 f 
 
 . The introdudlion of, made a plea againfl 
 
 the Union - 221, 247 
 
 .. Objections to the Bifliope fitting in the 
 
 Britilh Parliaincnt - 257 
 
 EciyiVALENT. I^Ieceffity of a fcale of equalities 
 
 124 
 
 •»— Proceedings for adjufling it 17;, 176, 
 
 182, 185, 186, 187, 
 
 Page. 
 
 ■ Manner in which the money paid for the 
 equivalent was difpofedoi, viz the debts 
 of^ Scotland, the fund of the African 
 Compan)', the lofs on the coin and the 
 furplus to the encouragement of fiflieries, 
 manufa6tories, &c. - 177 
 
 . Obfervations on the equivalent 187 
 
 Article XV. Of Union refpefting, as 
 
 fettled by the CommilTioners 201 
 
 '—— Proceedings in the Parliament of Scotland 
 on Article XV. 292, 393, 430, 433 
 
 A Committee appointed to confult on 
 
 the equivalent - 297 
 
 - Report of the Comiuittee 393 
 • Lord Beilhaveii and others protell againlt 
 
 Article XV'. - 394 
 Not underftood in Scotland 396 
 
 ■ Suppoled by the Scotch to be repaid in 
 a year - - 397 
 
 ■ Adually ninety years before it will be 
 repaid - - 397 
 
 ■ Obfervations on the proceedings 
 
 431, 440 
 
 . Mr. Baron Clark's opinion on Article 
 
 XV. - - 432 
 
 i T he expences of the Conmiiflioners to 
 
 be paid out of it, with the fums to be paid 
 
 to each - - 499 
 
 ■ Article XV. As fettled by the Parlia- 
 ment of Scotland - 533 
 
 Article XV. As exemplified in England 
 
 ■ Difficulties after tlie Union in fettling 
 the - - 585 
 
 . Coramiffioners appointed by the Queen 
 
 with I heir names - 586 
 
 ■ Difputes on the pretended delay of pay- 
 ment - - 587 
 
 ■ Reproaches againft the Union, when 
 the money arrived - i;89 
 
 Only ioo,oool. fent in ready money, the 
 
 remainder in Exchequer Bills 590 
 
 ■ Difficulties railed on account of thefc 
 Bills - - 590 
 
 Erroi, Earl of. High Conftable of Scotland 
 
 protefts againll the XXII. Article 460 
 
 ExcHE<iUER. Trials fettled on a new footing 
 
 at the Union - - i 
 
 . New judges appointed at the Union i 
 
 A Court of, to be eftabliflied in Scotland 
 
 149 
 
 Obfervations on the Proceedings refpeding 
 
 the Court of - - 457 
 
 — — A Court of, erefted in Scotland 579 
 
 on the plan of that in England 596 
 
 Names of the firft Barons - 506 
 
 Excise. Commiffioners were appointed at the 
 
 Union - .• - i 
 
 — ^ Of Scotland at the Union let at 35,000/. 
 
 124 
 •— Of England at the Union 947,602 /. 1 23 
 
 Excise,
 
 Page. 
 
 Excise, Proceedings of the Commiflioners for 
 
 regulating it - - 125 
 
 ■ The laws to be the fame in Scotland as 
 in England - - - 146 
 
 ■ An account of the value of the annual 
 funis contributed out of the Scotch Lxciie 
 towards the anticipated Hxcii'e funds of 
 England - - 190 
 
 Articles VII. and XVIII. of the Union re- 
 
 fpeCting, as ietiled by the CommfTioners 
 
 199. 203 
 
 — ^ Proceedingj in the parliament of Scotland 
 
 on Ai tides, Vll.and XVill. 199. 203. 208. 
 
 297, 298. 30;. 376. 378. 385. 388. 445. 
 
 450. 
 
 — — Obfervations on the proceedings ^78. 385 
 
 Calculation, refpedling the excife on beer 
 
 380 
 
 I Earl of Abercon and others proteft againft 
 
 Art. XVIII. - - - 450 
 
 -_» Article VII. as iettled in the Parliament of 
 
 Scotland - - - 530 
 
 Art. XVIil. as fettled in the Parliament of 
 
 Scc'tland - - - 536 
 
 Art. VII. as exemplified in England 546 
 
 Art XVIII. as exemplified in England 552 
 
 Difputes after the Union on 567 
 
 __._ The Scotch merchants import great quan- 
 tities of goods in hopes of fending them to 
 England \kit) -free after the Union 56S 
 
 — — The hnglifli merchants fend quantities of 
 
 tobacco to Scotland to receive the draw- 
 back, and to fend it back to England duty- 
 free ... 568 
 I'roceedings to prevent fuch abufes 570. 
 
 S7'. 573, S7+-. , „ ,. 
 __ Proceedings ot the Parliament of Great 
 
 Britain for fettling it - 575 
 
 — — Put under a dillind management in Scot- 
 
 land - - - •;7S 
 — — Five perfons fent from England to regulate 
 
 it in Scotland - - 57; 
 
 Difficulties in retaining feizures 577 
 
 — — Put under a ieparate coUedion 579 
 __ — Public clamours againft ieizures. 58a 
 Difficulties refpetting the Excife on beer 
 
 583 
 
 — . Names of Commiilioners (if - 585 
 
 Difficulties on account of private rights 
 
 Exports, from Scotland to England before the 
 Union above 200,000 i. annually 96 
 
 Fast. Abftraft of the Aft of General Affembiy 
 for a general faft in April 1708 iz 
 
 ^ . he good effects of this faft - 1 3 
 
 . A public one propoled, and by fome ob- 
 
 jefted to - - - 233 
 
 N D E X. ,59 
 
 Page. 
 Fast. A general one propofed in the Parliament 
 
 of Scotland, but aclj"uincd - 289 
 
 •— — The motion made by thofe who neither fall 
 
 or pray - - - 289 
 
 Like mariners praying in a ftorm 290 
 
 Aderu ards introduced by piece meal 290 
 
 '^"opy of the 01 der of the Committee of the 
 
 General Aflembly for - 606 
 
 ^"Py of 'he Aft of the CommifH iners 607 
 
 FiNLAY, a Jacobite, heads the Gkdgow Rabble, 
 
 *74 
 propofes to maich with a great army to 
 
 Hamilton, to jom the oiher (iifcontems '274 
 Marches at the head of about 4; men, to 
 
 each of whom he gives a dollar 275 
 Arrives at Hamilton, where not finding 
 
 the friends he expeded, returns to Glafgow 
 
 ——' They lay down their arms - 278 
 
 ' The Queen's forces airive, and feize Fin- 
 
 lay and one Montgomery, whom they carry 
 with them to Edinburgh 278 
 
 Fish, proceedings refpefting the packing of 172. 
 180 
 
 Article VIII. of Union refpefting, as fettled 
 
 by the Commiilioners 199 
 
 — — Proceedings in the parliament of Scotland 
 
 on .Article VlII. 292 
 
 Proceedings on the drawback of falted fifli 
 
 420 
 
 Obfervations on the proceedings 420 
 
 Flags. The CrofTes of St. Andrew and St. 
 
 George to be joined in 183. 185, 186 
 
 — — Article 1. of Union, refpecling 197 
 
 Four BIN, Adiniral, has the cotiimand of the 
 
 French fleet defigned for the invafion of 
 
 Scotland 4. 
 
 France prepares for an invafion, dangerous to 
 
 the Union 
 — — Preparations made for it, at Dunkirk 
 
 Dilpirited fiom the intended invafion 
 
 Emoark troops for the invafion 
 
 lail from Dunkirk, March 6 
 
 Arrive at tlie Frith of Edinburgh two days 
 
 before the Engiifli fleet 4 
 
 \dvantages which attend the failing of the 
 
 fleet 1; 
 
 The fleet makes the coaft of Scotland, 
 
 March 12, (, 
 
 The fleet is obliged to put to fea 6 
 
 Is puiiued by the Engliih, and the Salifbury 
 
 taken, which ends the war. - 6 
 
 — — Their probable fuccefs, had they made 
 
 good their landing . g 
 
 The Union ilrengthened by the invafion 1 1 
 
 — — Formerly divided into 1 2 ftates, now in- 
 corporated - - 3l5 
 
 State of the trade with Scotland 100,000/. 
 
 balance ufed to be paid by France, 413 
 
 — — Reafons why France might wiflj to prevent 
 
 the Union • - 482 
 
 G.
 
 76o 
 
 N 
 
 G. 
 
 Page, 
 Glasgow Rabble, account of 266 
 
 Firft raifed by a faft fernion 268 
 
 — — Go to the I'rovoft and demand, whether he 
 
 will addrefs againll the Union, which he 
 
 reftifes ... 269 
 — — An uproar raifed - - 269 
 The Provoll's and the Laird of Blackhoufe's 
 
 windows broke, and in part pillaged 270 
 ——Amobaddrefs procured - 270 
 
 Jacobites and Fapifls at the bottom of it 
 
 271 
 
 The Second Rabble - 271 
 
 Ill-treat the Provoft, who providentially 
 
 efcapcs - - - 272 
 
 Are mafters of the Town - 272 
 
 — — Seize the arms of thole who were in favour 
 
 of the Union - - 272. 
 •—— Oppofed by the Citizens - 273 
 Finlay, a Jacobite, becomes leader of 
 
 them - - 274 
 Propofcs to march with a great army to 
 
 Hamilton, to join other difcontents. 274 
 — — Marches at the head of 45 men, to each 
 
 of whom he gives a dollar 275 
 
 ■ Further difturbances at Glafgow 276 
 
 — — Finlay returns, and the rabble lay down 
 
 their arms, and difperle - 278 
 
 — — The Queen's forces arrive and fiege Finlay 
 
 and Montgomery - - 278 
 
 ■^— Again colieft, and oblige the Magiftrates 
 
 to fend to Edinburgh to demand the 
 
 prifoners, which is refufed, - 279 
 
 —— Thus ended the petty war 279 
 
 — — Had its rife in the Jacobite party 279 
 
 — — Proceedings in Parliament refpefting them 
 
 382, 385 
 _ — Obfervations on the proceedings 383 
 
 — — Their reafons for burning the articles, &c. 
 
 614 
 Glenco, The atiair of, tends to prevent the 
 
 Union in 1702 - - 68 
 
 _ — State of the atfair of - 68 
 
 . Extrafts from the inftru£lions given to Sir 
 
 Thomas Livingfioun - 70 
 
 Great Br it a in. England and Scotland to be 
 
 united under that name - 116 
 
 — . — Article I. of Union, refpeding, as fettled by 
 
 the Commiffioners - - 197 
 
 — —Proceedings on Art. L in the Parliament 
 
 (jf Scotland 290, jog, 329, 331 
 
 _— Stirling, Dumbartoun, Linlithgow, Dun- 
 
 ke'-d and Dyi'ert, addrefs ag.iinft an incor- 
 
 jwrating Union - - 329 
 
 I ■ Article L voted Nov. 4. 1706 331 
 
 — - - Art L as fettled by the Parliament of Scot- 
 land - - 528 
 — — Art L as exemplified in England 544 
 
 Proceedingsof the Coniniiilioners of James L 
 
 on the name - - 717 
 
 Page." 
 
 Green, Capt, and his men, executed for fup- 
 
 pofed murder and Piracy - 79 
 
 The fource of national difcontents'bctvveeii 
 
 England and Scotland - - 82 
 
 Griffin, Lord, embarks with the Pretender 
 
 for the Invafion of Scotland - 4 
 
 —— Is taken on board the Salilbury, fent to 
 
 the Tower, fentenced as an outlaw, but 
 
 reprieved at the inftance of the Dauphin 15 
 
 H. 
 
 Hamilton' Duke of, oppofes the Union 236 
 
 ■ Receives fancied honours from the mob 
 
 236 
 — — His protefl, claiming the firfl vote in 
 Parliament - - 478 
 
 Head-Boroughs eftabliflied in Scotland 
 
 593 
 Henry VIII. propofes a match between his 
 
 daughter Mary, and James V. of Scotland 
 
 47 
 
 The match rejefted by James 48 
 
 Propofes a match between his fon and a 
 
 daughter of James - - 48 
 
 . 'J he match broke off by French and 
 
 Popifli parties - 49 
 
 Heralds, Lyon King at Arms, gives in a me- 
 morial on the 24th Article - 474 
 
 Heretable Offices, Article XX. of Union, 
 refpefting - • 205 
 
 ' Proceedings in the Parliament of Scot- 
 
 land on Article XX. - 4^5 
 
 Article XX. as fettled in the Parliament 
 
 ofScotland - 537 
 
 ■ Article XX. as exemplified in England 
 
 Herrings. Proceedings refpe£ling the packing 
 of - - - 172, 180 
 
 ■ Article VIII. of Union as fettled by the 
 Commiffioners - - igg 
 
 ^— — Article VIII. as fettled in the Parlia- 
 ment of Scotland - 530 
 -^— — Article VIII. as exemplified in England 
 
 547 
 
 Hodges Mr. writes a large book againft an in 
 corporate Union - 223 
 
 Holland. Reaions why the Dutch might wilh 
 to prevent the Union - 484 
 
 Huguetan M. petitions the Parliament of Scot- 
 land for naturalization - 453 
 
 ■ Some account of him - 455 
 
 J. 
 
 James If. of England had no Union in view 
 but to the Church of Rome - 63 
 
 IV. of Scotland marries Margaret, 
 
 daughter of Hen. \ll. . 46 
 
 James
 
 N D 
 
 X. 
 
 761 
 
 1 Page. 
 
 JamZS V. of Scotland, a match propofed be- 
 tween him and Mary, daiighiei' ot Henry 
 Vin. - '- 47 
 
 •— The match rcjcdecil)y James 48 
 
 J0HN8.TON SirPatrick, oneoi thcCommilTionera, 
 ill-treated by the mob at HdinburgU 257 
 
 TusTicES of the Peace in Scotland, nominated 
 by tile Privy Council of Scotland, Aug. 1 j, 
 1707 - - jS,; 
 
 ■ Power of, ceafed by the r'ilfolving of the 
 Privy Conncil - - 1:84 
 
 « New Juilices appointed by the Britifli 
 
 Parliament in Aug. 1 70S - 58^ 
 
 Justice, Courts of, to remain as before the 
 
 Union - - 148 
 
 ■ No caufes in Scotland to he cognizable 
 in England - 149 
 
 ■ The fettlenient of, in Scotland 592 
 » Remain as before -_ 596 
 
 K. 
 
 KiNCARDiN Earl cf. Sir Alexander Bruce, ad- 
 mitted to that title - 2S8 
 
 L. 
 
 Land Tax in Scotland, at u. in the pound, to 
 
 be 12,000/. ; at p. 48,000/. _ 123, 145 
 
 .. Difficulties to fix a fair one in Scotland 
 
 I 29 
 
 . Article IX. of I'nion refpec^ing, as fet- 
 
 tled by the Commillioners - 2co 
 
 ■ ■ ■ Proceedings in the Parliament of Scot- 
 land, on Article IX. - 295, 388 
 
 . Art. IX. as fettled by the Parliament 
 
 of Scotland > - 532 
 
 .. Article IX. as exemplified in England 
 
 548 
 
 Laws of Trade, Culloms and Excife, to be the 
 fame in Scotland as England i-l^ 
 
 » Other laws of Scotland to remain in 
 
 force, but alterable by Parliament 148 
 
 _— Of private right to remain the fame, 
 
 except in cafes of evident utility 148 
 
 ■ > . , All laws, contrary to the Union, to be 
 
 .1 ^ .l...f<Q 
 
 repealed 
 Articles VII 
 
 167, 168 
 
 and XVIII. of Union rc- 
 fpefting, 199, 203, 208, 297, 29S, 305, 
 
 37''''> 37''^' ^^5' 3^8' 445. 4io 
 
 . Article XXV. of Union, laws contrary 
 
 to the terms of Union to be repealed, as 
 fettled by the ComniilTioners ?o8 
 
 Proceedings in the Parliament of Scot- 
 land, on Article XXV, 30^, 474, 
 
 The pov\ er of the fuprcme power of a 
 
 nation to alter the fundamtntal laws 361 
 
 Earl of Abcrcoin and othcis protclt 
 
 againft Article XVIII. - 4S0 
 
 Article VII. aj fettled by the Pailia- 
 
 ncnt of Scotland - - 53*^ 
 
 Page. 
 
 Laws. Article XVITI. as fettled by the I'arlu- 
 
 ment (f Scotland - - 5)4 
 
 — — Ar', VII. asexemi)tified in England 546 
 
 Article XYlll. as exemplified in Eng- 
 land - - Sp 
 
 . The alteraiions they received i^y the 
 
 Union, fummed up - 6oi 
 
 Leven Earl of, writes in prefling terms lor 
 alliftance - - _ J 
 
 .1 Ordered to lelreat to Berwick, if he 
 
 could not prevent the lan<ling of the 
 French - ■. 7 
 
 LiTUKGY, Englifli, attempted to be introduced 
 in Scotland - - '9 
 
 ReprefentatiOn of the General Affembly 
 
 againft it - - - 20 
 
 ■ Conliderations againft tolerating of it, 
 
 in Scotland - -27, 29 
 
 Not defued by the people of Scotland 
 
 ^7 
 
 Ou"ht not to be adjiiitted in Scotland, 
 
 by the Aft of Union - 31 
 
 Lock HART George, of Carnwath, protelfj 
 againft the 2 2d Article - 460 
 
 This protefi. protefled againft by the 
 
 Earl of Marchmont, and others - 463 
 
 Agreed, that theie protefts fliall not be 
 
 entered in the miRiites, but infcrtcd in the 
 records - - 4° 5 
 
 Lords of SeiBon, of whom compofed 44;^ 
 
 M. 
 
 Malt, proceedings on the duty on 127 
 
 Article Xlll. of Union, rcfpei^ing, a» 
 
 fettled by the ComniilTioners 200 
 
 — — . Proceedings in the ParlLament of Scot- 
 land, on Article XIII. - 2,,- 
 
 Article Xlll. as iettled by the Parlia- 
 ment of Scotland - 532 
 
 Article XIII. as exemplified in England 
 
 549 
 JIarchmont E.arl of, protefts againft the pro- 
 tefts of the Duke of Athole, Earl of Bu- 
 chan, George Lockhart of Carnwath, and 
 Walter Stuart - - 4''^.' 
 
 .^ Names of the counter proteftors 464 
 
 . ■ Lord Balmerino, and others, protefts 
 
 againft the counrer-proteft- - 4114 
 
 ,. Agreed, that thofc protefts fliall not be 
 
 enter'd in the minutes, but iuferted in the 
 records - - -40^ 
 
 Margaret of Norway, Qiicen of Scotland ; 
 a marriage projefted between her and a fon 
 of Edward I. of England -_ 58 
 
 Advantages expecled to be derived from 
 
 this marriage - - 3< 
 
 She dies at fea • - 4i 
 
 Marischal Earl, and others, protefi againft 
 the fecond Article - J4* 
 
 Names of the proteftors - 346 
 
 c ]i Marisomai,
 
 
 N 
 
 D 
 
 X.- 
 
 Page. 
 Marischal 'Earl, Protcfc againft the 22A 
 
 Article - - 460 
 
 Mary Q. of Scots, a match propofed by Hen. 
 
 VIII. between her and Prince Edward 48 
 » ■■ Afjain renewed by the Regency and 
 
 Council - - 49 
 
 » Broke off by the French and Popifii 
 
 parties - r - 49 
 
 »' ■ Is conveyed into France - +9 
 
 Mtafures. See Weight!. 
 
 MiDCiETON Earl of, embarks with the Preten- 
 der, for the invafion of Scotland - 4 
 
 < Two of his fons taken on board the 
 
 Salifbiay, and committed to the Tower 1 5 
 
 Military. State of the army prepared to pre- 
 vent a French invalion in i 707 - 7 
 
 MoES. 'J'he eafe with which the common peo 
 pie are deUided into them - 265 
 
 • » A mob addrefsfromClafgoti' 270 
 
 — ' 1 he little refjieft to be paid to fuch ad- 
 
 dreifes - - 270 
 
 Montrose Marquis of, made Prefident of the 
 Pi ivy Council - - 285 
 
 N. 
 
 N/tTioNAL Deet of England. Difficulties on 
 account of • , - 124 
 
 ■ At the Union, 10,000,000/. 397 
 
 ■ Of Scotland. Confiderations on 44} 
 • To be paid out of the equivalent 443 
 
 ■ Proclamation ilfued for lowering the 
 value of - - 445 
 
 Naturalization. Several petitioners to the 
 Parliament of Scotland for - 453 
 
 Navigation. Article IV. of the Union refpedl- 
 ing, as fettled by the Commiffioners 198 
 
 »■ Proceedings in the Parliament of Scot- 
 
 land, on the 4th Article - 292 
 
 f Article IV. as fettled in the Parliament 
 
 ofScotland - 529 
 
 *- Article IV. as exemplified in England 
 
 54 J 
 Nobility. Obflacles to the Union from the 98 
 KoK-JuRoas. Proceedings againft them in Scot- 
 land - - - 17 
 Nottingham, Earl of, put out of the place of 
 t>ccietary ot State - 89 
 
 Oats. Proceedings rcfpeifling a bounty on oats 
 
 exported from Scotland - 393, 398 
 
 Occasional Bill, the mifchiefs of b'9 
 
 Orkney and Zttlaii<l. Drau};ht of an a^l for 
 
 their diflohition from the Crown, in favour 
 
 of the Earl ot Morten, prefenttd - 453 
 
 p; 
 
 . Page 
 
 Parricide. Punifhment of at Rome - 321 
 
 Parli.ament. The firfl parliament, after tiic 
 
 Union, fits with applaufe - - 1 
 
 ■ Things doBe in this Parliament foi 
 rendering the Union more effeftual i 
 
 • Proceedings in the " Tacking Parlia- 
 ment" - - - 86 
 
 ' Speakers and arguments of the Com- 
 
 miiTioners on the number of Scotch mem- 
 bers . - 106 
 
 I ■ The Commiffioners of England propofe 
 
 38 members to be fcnt from Scotland to 
 the Houfe of Commons - 156 
 
 ' Commiffioners of Scotland wifh for a- 
 
 greater number of members, and propole a 
 conference on that fubjeft - '57 
 
 i Commiffioners of England propofe 45 
 
 members to the Commons and 16 to the 
 Peers, which is agreed to by the Commif- 
 fioners of Scotland - - 163 
 
 ■ Oblervations on the proceedings for 
 uniting the Parliament - 164 
 
 — ^— Method in which the i6Peersand45 
 reprefentatives are to be fummoned 185, 
 
 1S6, 191 
 
 I Oaths and declarations to be made by 
 
 the Peers and reprefentatives - 193 
 
 Article III. of Union refpeding, as fet- 
 tled by the Commiffioners - 198 
 
 Article XXII. of Union, refpefting re- 
 
 prelentatives, as fettled by the Commif- 
 fioners - - 205 
 
 . Proceedings in the Parliament of Scot- 
 
 land on the 3d Article 292, 353 
 
 ■ — Proceedings in the Parliament of Scot- 
 land, on Article XXII. 305, 457, 460, 463, 
 
 464, 467 
 » Marquis of Annandale, and others, pro- 
 
 teft againft Article III. - 354 
 
 «^— — Obfervations on the proceedings on 
 
 Article againft III. - 35^ 
 
 ■ Arguments for and againft a Union of 
 Parliaments - - 356 
 
 Mr. Seton's, junior, fpeechon Art. III. 
 
 360 
 
 ■ Ohjeflions to the number of members 
 to be fcnt by Scotland, removed 362 
 
 .. Obfervations on the proceeding in the 
 
 Parliament of Scotland, refpeding reprelen- 
 tatives - - 459 
 
 . ■ ■■ Seven protefts againft: Art. XXII. 460 
 .. On the proceedings on Art. XXII. 463 
 
 ' Counter protefts againll Article XXII. 
 
 4''->3 
 
 ■ Agreed, that none of thcfe protefts. he 
 
 infcrttd in tlie minutes, but entered in the 
 records - - 405 
 
 •— Obfervation on the proceedings on the 
 
 protefts ; " • 4^'^ 
 
 Parlia-
 
 I 
 
 N D 
 
 X. 
 
 763 
 
 Page. 
 
 ParIlameItt. Proceedings in the Parliament of 
 
 Scotland, onchoofingtliefirll icprclcntativts 
 
 488, 489, 492, 493 
 
 ., Obfcrvations on the proeeedings 497 
 
 ■ Diil:e of Hamilton, and others, protcll 
 againft the proceedings - 489 
 
 . W. Cockran alfo piotcds 490 
 
 » Thirty reprefentatives to he chofen by 
 
 the Barons, and fifteen by the counties 493 
 
 ^. I'roccedings rei'peding perlbns elcgiblc 
 
 49+ 
 »- Proceedings on the manner of elections 
 
 497> 5^4- 
 ■I Names of the firllrepi'efentatives 507 
 
 ■ Obfervations on the proceedings 50S 
 ■ Article XXII. as fettled in the Parlia- 
 ment of Scotland - 538 
 
 ■ Article XXII. as exempliiied in England 
 
 Patricide a greater crime than parricide 319 
 
 J'eers.. Obfcrvatioi s on the right of judicature 
 in the Scotch Peers - 159 
 
 ■I Commiffioners of England propofe fix- 
 
 teen Scotch Peers, which is agreed to by 
 the Commiilioners of Scotland i O3 
 
 » The Peers of Scotland to be elleemcd 
 
 Peers of Great Britain - 166 
 
 •• Other privileges granted to the Peers of 
 
 Scotland - 167, 170, 172 
 
 » Obfervations on the proceedings of the 
 
 privileges of the Teers - - 173 
 
 ■ Article XXIII. of Union refpefling, as 
 fettled by the Commiffioners - 207 
 
 «■ '. ■- Proceedings in the Parliament of Scot- 
 land on the XXIIL Article - 470 
 
 ■ Obfcivation on the proceedings 471 
 1 Allowed to vote by proxy - 502 
 ■I Obfervation on the proceedings 502 
 — i Article XXIII. as fettled in Scotland 
 
 ' ■ Article XXIII. as exemplified in Eng- 
 
 land _ . . j^5 
 
 Fbjjicians, Roynl Ctllegt of. See Surgeons. 
 
 PoriiRy likely to be reilored in Scotland by the 
 French invafion ~ - 2 
 
 -' The depofing of, in England, on the 
 
 fame footingas depofing Epilcopacy in Scot- 
 land - - - 24 
 
 ■ Overture of ah aft againft - 504 
 Pretender. The French prepare to invade 
 
 Scotland, in order to re-inllate him t, 
 
 — — — The Earl of Middleton, and the old 
 
 Lord Griffin, embark with him - 4 
 
 ■ Sail from Dunkirk, March 6, 4 
 Private Rights, which affefted the trade of 
 
 either kingdom, to be purchafed 405 
 
 Privy Council of Scotland diifolved by the 
 
 Parliament of Great Britain 594 
 
 ROC LAMATioN againrt tumults and rabbles 
 
 610 
 
 Page 
 
 Protests. Diilce of Athol and others, againft 
 
 the Union • - 3 7,0 
 
 ■ Lord Bcilhaven and others, againft the 
 Aft of Security, with the names 339 
 
 ■ Earl Marilchal and others, againft the 
 fccond Article of Union - 3^6 
 
 Marquis of Annandale and others, 
 
 againft the third Article, with the names 
 
 3i4 
 
 ■ Lord Beilhaven and others, proteft 
 againft the fifteenth Article, with the names 
 
 394 
 
 ■ Duke of Athol and others, proteft 
 againft the SthAiticle, with the names 426 
 
 ■ Againft part of the proclamation, againft 
 the coming of the addreifefs to Edinburgh 
 
 436 
 — — — Earl of Abcrcorn and others, proteft 
 againft part of the eighteenth Article 450 
 — — Six protefts againll the twenty-fecond 
 Article, viz. Duke of Athol, Earl of Bu 
 ch^n, George Lockhart of Carnwath, Wai- 
 ter Stuart, Earl of EitoI, Lord High Con- 
 ftablc, and Earl Marflial 460 
 
 ■ Names of thoie who adhere to the Earl 
 of Buchan's protelt - 46Z 
 
 •■' Names of thole who adhered to the 
 
 Duke of Athol's proteft - 461 
 
 Earl of Abercorn, againft part of ttie 
 
 twenty-fecond Article - 461 
 
 ——— Earl of Marchmont and others, proteft 
 againft the four protefls of the Duke of 
 Athol, Earl of Buchan, G. Lockhart, and 
 Walter Stuart, with the names of the coun- 
 ter-proteftors . - 463 
 
 I Lyon King of Arms, memorial on the 
 
 24th Article - - 474 
 
 ■ For the Duke of Douglas for privileges 
 
 '■ Duke of Hamilton, claiming iome of 
 
 the privileges claimed for the Duke of 
 Douglas - . - 47S 
 
 ■ Some protefts in the Honfe of Lords in 
 England againll the Union - 484 
 
 Duke of Han.ilton and others, againll 
 
 the proceedings on choollng reprefenta- 
 tives ... 489 
 
 W. Cockran, of Kilmarnock, alfo pro- 
 tefts - - 490 
 
 Names of the adherents to both the 
 
 protefts ... 4go 
 
 Earl of Cromarty protefts in favour of 
 
 the fliire of Cromarty - - 493 
 
 James Sinclair's proteft for the fliirc of 
 
 Caithnefs - - 497 
 
 Lord Bahnerino, and others, proteft 
 
 againft the councer-proteft, with the names 
 
 464 
 Agreed, that none of thefe protefts be 
 : minutes, but inferted in the 
 465 
 Provi- 
 
 entered in thi 
 records 
 SE2
 
 764 
 
 N D 
 
 X. 
 
 Page. 
 
 rROviDENCH, a (i.-jnal inftapce of, in bunging 
 
 Captain Gieeii, and liiif crew, to p\inifli- 
 
 irent - - ^ Ho 
 
 OuEENSEERRY, Duke of, remr>ves all the feem- • 
 "" ingdifllculties, on the part of Scotland, to 
 
 the Union - - 99 
 
 ..^ His prudent oonduft in Scotlandrefpeft- 
 
 ing the Union -- - 211 
 His fpeech at the opening of the fel- 
 
 fion - - - 2' 5 
 
 , Highly infulted by the mob 236 
 
 «__ Appointed to repreient the Queen in the 
 
 Parliamtnt of Scotland - - 2i)5 
 
 ^.^ — Iniulted. in going to and from Parlia- 
 ment - - - 365 
 
 . , , Receives private Information of defij^ns 
 
 to aflalliiiate him - 366 
 
 -I His fpeech at clofmg the Parliament cf 
 
 Scotland - - - 526 
 
 ^_ Co]iy of the petition of the Com- 
 
 niifiontrs of :he General AflcinUy 608 
 
 R. 
 
 RsLiGioy, ftate of in Scotland, at the time of 
 the Union - - - '^ 
 
 . Proceedings aspinft minifters for not 
 
 praying for the (lycen, &c. * . '7 
 
 ,L Attempts to introduce the Englilh Li- 
 turgy - • - 19 
 
 ► Proceedings to prevent its ufe 20 
 
 . What is and what is not perfecution for 
 
 confcience - - - 23 
 
 What is to be confidered as the Church 
 
 of England - - - 26 
 
 _— — The ditfeience between Toleration in 
 England and bcoiland - 30 
 
 prevented the I'uion taking place in 
 
 1702 - - 7^ 
 
 «. Affairs of t!«J Church left to be fettled 
 
 by the Parliament of each country 243 
 
 . Thofc who had Icaft regard for the 
 
 Church, made the moft noile refpefting its 
 fafeiy - - 2^4 
 
 Opixjfitlon made to the l^'nion by tiie 
 
 Church, but will not fubaiit to be party 
 tools - - 255 
 
 An A£t for the fecurity of, read and 
 
 ordered to be printed - - 255 
 
 J'^ndeavours are made to perfuade the 
 
 people, tiiat the aft is not a futtiticnt fe- 
 curity for ihc Church • 255 
 
 Pa**-; 
 
 Religion Thefe difputes wifely kept from the 
 pulpit - - - 263 
 
 — — . Proceedings in the Parliament of Scot- 
 land, on the Aft of Security 334, 335, 
 
 „ r . , . . .337> 339 
 
 -^— — Reprefentat;on and petition of the com- 
 
 miffion prefented - 335 
 
 ■ Oblervations on the reprefentation, &c. 
 
 336 
 • Lord Beilhaven,^nd others, proteflagainil 
 
 the Aft of Security - • 350 
 
 ■ Names of the proteftors - 331^ 
 — — — Obfervation on the proceedings on the 
 
 Aft of Security - - 34.0 
 
 Reprefentation and petition of the Com- 
 
 millloners againft Popery, &C. - 345 
 Danger it is in by a Union of Parlia- 
 ments ... ,rg 
 
 ■ — Aft for fecurity, paffed - 477 
 Revenue, fettled on a new footing at the 
 
 Union - . - i 
 
 ■ Of Scotland, eftimate of what it may 
 produce after the Union, 216,000/. 18? 
 
 Revolution-, not eltabl idled in Scotland with- 
 out a war . . 224 
 
 Robert Bruce, King of Scotland, inftnifts his 
 fon, " never to make a perpetual amity 
 with England" - . - 36 
 
 - Claims the Crou n of England 4.3 
 ■ Ednard L is made umpire in fettling 
 
 the claim of the Cro.vn of Scotland, who 
 offers it to Robert Bruce, on condition of 
 his fubmitting to Edward, and he nobly re- 
 fufes it - - - 44 
 
 After various fortune, reooverihis king- 
 dom and dies in peace - 46 
 
 Royal Boroughs, rights of, to remain after 
 the L^nion - - - 149 
 
 ——— Article XXL of Union, on the privi- 
 leges of, as lettled by the Commiflioners 
 
 205 
 
 ■ i Had a convention, or reprefentation of 
 
 their own, confiding of lixty-fix, who, by a 
 majority of twenty-four to twenty, addrefs 
 Parliament againll the Union - 245 
 — — Proceedings in the Parliament of Scot- 
 land on Article XXI. - 305, 456 
 ■ Obfervation on the proceedings 
 
 4?9 
 Article XXf. as fettled by the Parlia- 
 ment of Scotland - i;37 
 
 ■ — Article XXL as exemplified in England 
 
 SJ4 
 — — Copy of the Addrefs of the Convention 
 
 of - - - 613 
 
 Rule, Dr. his opinion of the Covenant, and 
 
 Solemn Lc^fgue - 228, 248 
 
 h
 
 N D 
 
 X. 
 
 765 
 
 rage. 
 
 Salisbury man of war, taken by Sir G. Byng, 
 
 from the French - 6 
 
 Salmon. Proceeediiigs refpeiling thepackingof 
 
 171, 180 
 > Article Vlil. of Union refpei^ting, as 
 
 fettl»d by the Commillioners log 
 
 i..- Proceedings in the Parliament of Scotland, 
 
 on Artick VlIl. - 292 
 
 II ' Article Vlll. as fettled in thePailia- 
 
 ment of Scotland . 530 
 
 >.. , , . Article VI 11. as exemplified in England 
 
 c , 547 
 
 Salt. Proceedings of the Commiffioners on 
 
 the Duty on 127,138,144,147, 
 
 i^i, '55'.'62> 1^7, 169, 172 
 
 — - Difficulties on fettling the Duty 142 
 p- Article VKI. Of Union refpefting, as 
 
 fettled by the Commiffioners ■ 199- 
 
 » . I Proceedings in the Parliament of Scot- 
 land on Article VIII." 292, 386,- 
 388, 412, 416, 418,419, 421,423, 
 
 425, 430 
 
 ■ Ohfervations on the proceedings 41 2 
 
 ». Proceedings relative to the Duty 41 », 
 
 416, 418, 4ii, 423, 425 
 
 ■■ Ohfervations on the proceedings 3S7, 
 
 417. 419- 
 
 — Articfe VIII. As fettled by the Parlia- 
 ment of Scotland - 530 
 
 >i - Article VIII. As exemplified in Erg- 
 land - - - 547 
 
 Scotland. The inhabitants fuppofed lo en- 
 courage the Erench to an invafion in or- 
 der to reinllate the Pretender 2 
 
 I. The Qiieen writes to the Privy Council, 
 
 on the intended invafion - 3 
 
 . Put in a pollure of defence • 3 
 
 » State of the force railed to prevent an 
 
 invafion - - 7 
 
 . The condition of Scotland at that time 
 
 8 
 
 »^ ProbTiblc fuccefs of the French, had they 
 
 made good their landing - g 
 
 » A fait appointed in April, 170S 12 
 
 » Addrefles to tlie Queen from every part 
 
 '3 
 
 . ■ Good efferts of thefa ft 
 
 -. Proceedings againfi: pcrfons taken 
 
 for encoui aging the invafion 
 1 . State of Religion at the Union 
 
 p. ■ Proceedings againft Minifters for' 
 
 praying lor the Queen, &:c. 
 c ~ Proceedings againll the ule of the Eng- 
 
 lilli Liturgy - - ly 
 
 — ■ . State of the depolition of epifcopaey 
 
 ►— — Aa int^uiry into the Civil rights aS 
 
 •3 
 up 
 
 i6 
 
 not 
 
 '7 
 
 Page. 
 Scotland. The N. anJ N. W. parts firft in- 
 habited from Ireland - 3^ 
 — — — South Parts from the Roman Colonies, 
 Danes, Saxons, and Pifts - 34. 
 
 ■ The national rancour with England 34 
 
 Never had any propcnfity to peace 35 
 
 — — ■ Theirinveterate and bloody wars 35 
 
 — More than 200 000 Scotchmen fiain in 
 
 in the wars with Edward I. 37 
 
 ■ A marriage propofed between thefon of 
 
 E.dwardl. and Margaret of Norway 38 
 
 — ■ Adi'nntages from that marriage 39 
 
 ■ Margaret dies onhcrpaflage from Nor- 
 way - - 42 
 
 i John Baliol, and Robert Bruce claim the 
 
 Crown • . ^1 
 
 The difpute left to Edward I. 44 
 
 Wars between England andScotland 4? 
 
 Six hiindred thoufand perfons pcrillied 
 
 in thefe v/ars - - 46 
 
 Inconvenicncies attending the Union of 
 
 the Crouns - -co 
 
 Commillioners appointed for fcttliii" 
 
 Commerce in 1666 - r? 
 
 — Occurrences which tended to prevent a 
 
 Union - . 5- 
 
 — — Falfe reports of arming herfelf,&c. 84,87 
 
 — — — Exports to England above 200,000!. an- 
 nually - . g5 
 
 — - — Floiinflied by Cromwell's conquering it 
 
 104 
 
 And England to be united under ths 
 
 name of Great-Britain . j,^ 
 
 • — Land-tax at is. in the pound i'2,oool. 
 
 125 
 Cuiloms at the Union let at 30,000]. 
 
 124 
 — —— Excife let St 3^,oocl. . j2j 
 
 ' - ■ Revenue not appropriated to pay anv 
 debt • - . ' ' ,,.. 
 
 ■ Hiftoiy of taxation in, fince the Reftora- 
 tion - - ,^2 
 
 , Settles ^p.oool.- /,r am. on Charles U. ^ 
 
 inilead of a cefs . i^? • 
 
 ■ Excife and Cuftoms 1660, did not • 
 amount to ^o, 000/. - j,, 
 
 — — ._ Five months ctfs laid on the. country ■ 
 in 1678, and continued 16S4, when it wm ■ 
 advanced to eight months cefi i ; . 
 
 " ■ The difficulties brough: on by parties ^ 
 
 '35 " 
 
 Some taxes paid in Fngbnd impra.^ica- 
 
 ble to be paid in ScotLind - j .q 
 
 — — Quota of future taxes to be fettled bv 
 Parliament, . ijy-- 
 
 . Laws of Trade, Cufloms. and Excile, ■ 
 
 to be the fame in bcotlar.d as in tng- • 
 land - - 148 
 
 ■ Other hv.-s of Scotland to be.'rn -foi'». 
 after the Union Ixit alterable by Parli:^- - 
 meru - - ' 148
 
 )&6 
 
 N D 
 
 X. 
 
 Page. 
 
 ScoTLANB. laws of private right to remain 
 
 except ill caies ot evident utility 14S 
 
 - Coiiits flf Judicature to rera-.iin 148 
 
 ■ Ko caufes of Scotland to be cognizable 
 in England - . . - i^q 
 
 » A Coui t of Exchequer to be ellabliflitd 
 
 14.;; 
 -■ ■ ■ . Rights of Royal boroughs to remain 149 
 • Court of Exchequer propofe 38 members 
 
 to be fent to the Houle of Commons 15O 
 -^ Court of Admiralty for private right to 
 
 be continued - 157 
 
 ■ Court of Scotland wifli for a greater 
 number of reprelentatives, and propofe a 
 conference on the fiibjett i C7 
 
 ■ Scheme refpefting 
 in private cafes 
 
 , Court of Excheqtier propofe 45 repi e- 
 
 fentatives in the Commons, and i6 in 
 the Lords, which was agreed to by the 
 Court of Scotland - 163 
 
 =. ' Peers of Scotland to be efteemed Peers 
 
 of Great-Britain - 166 
 
 . Debts of Scotland to be paid of the 
 
 equivalent - - 177 
 
 . An eilimate of what the Revenue of Scot- 
 
 right of Appeal in 
 159 
 
 land may produce after the Union, 
 2 16, cool. 1 68 
 
 . Article XIV. Of Union, by which Scot- 
 
 land is not to pay former Duties not pro- 
 vided for in the Articles, but to j)ay all 
 new Duties - - 200 
 
 n i Want of money in Scotland, the common 
 
 mealure ot trade - 312 
 
 — =— L'ehind other nations of Europe for trade 
 
 313 
 
 ■ ■ Poor, and without force to proteft her 
 
 Commerce - - 313 
 
 —— — State of Commerce in 3:4 
 
 - Few advantages to be reaped from 
 
 France without an offenfive and defen- 
 
 five league - - 314 
 
 ■ M i ■ — Cannot extend its trade in. proportion to 
 
 other nations - 314 
 
 ■ Formerly divided into two kingdoms, 
 now incorporated - 316 
 
 — — — Colleges of Scotland fecured by the A61 
 offecurity - 340 
 Various alterations made in the funda- 
 mental lavvs - - 361 
 
 Sovereignty and independence reflored 
 
 by this Union - - 362 
 
 Afts prefented fiom feveral places for the conti- 
 nuance of Duties for private purpoles 374 
 
 State of the trade with France 413 
 
 — r State of the trade with England 414 
 
 Advantages to the trade in the firft year 
 
 after the Union - - 415 
 
 . 200,000/. paid by England to 415 
 
 J Lords of Seffion of whom coaipofed 449 
 
 Page; 
 
 ScoTLANP. College of JuQice of whom com- 
 
 pofed "•■ ^Aq 
 
 Courts of Jufticiaiy, of whomcompoled 
 
 . 449 
 
 Advocates, fuch as Counfellors in Eng- 
 land - - . 449 
 
 ' — VViiters, like Attornies in England 449 
 
 ■ Writers of the Signer, perfons by whom 
 
 all procefies niuft be lignt d - 449 
 
 Crown, Step re, and Records, to be 
 
 kept in Scotland - - 47^ 
 
 • Proceedings on lettling a feal in Scot- 
 
 land - - - 5'ckj 
 
 ■ Juilices cf peace nominated by the Privy 
 Council, Aug. 15, 1707 - 583 
 
 New JuiiiL-es appointed by the Parlia- 
 ment of Great Britain, in Augull 170S, 584 
 
 Proceedings for the fettlement of Juftice 
 
 in Scotland - - 592 
 
 Juftices of Peace, Conllables, &ic. ef- 
 
 tabliflied - - 59^ 
 
 Privy Council of Scotland dilfoived by 
 
 the Britilli Parliament - 594. 
 
 Alterations in the criminal procefs in 
 
 Scotland - - ^95 
 
 Proceedings for a reform in Scotland 
 
 596 
 
 ■ Proceedings for the retorm of weights 
 and meafures - 599 
 
 The alterations on the Conftitution, by 
 
 the Union, i'ummed up - 600 
 
 The alteration on the laws - 60 r 
 
 The alterations of trade 602 
 
 SEAFiELn, Earl of, his fpeech on opening the 
 Commiffion for Union - 11^ 
 
 ■ His fpeech in favour of the Union 216 
 
 Seals, to be only one Great Seal, but the leal 
 of Scotland to be made uie of in matters of 
 private right and jullice 171,181,184, 186. 
 
 ■ Privy Seal, lignet and other ieals to be 
 
 continued, but altered as may beft fuit the 
 Union - - 181, 1S4, 186 
 
 ■ Article XXIV. of Union, refpeding, as 
 fettled by the Commillioners - 207 
 
 Proceedings in the Parliament of Scot- 
 land on Article XXIV. - 305 
 
 Art. XXIV. asiettledby the Parliament 
 
 of Scotland - - 540 ^ 
 
 Art. XXIV. as exemplified in England 
 
 557 
 
 Security, Aft of, tends to prevent a Union 
 
 propoied in 1702 - - 83 
 
 The Scotch refufe to treat refpefting a 
 
 Union before the aft to pi event the danger 
 of the Aft of Security is repealed, and which 
 is repealed - - 97 
 
 Engliiiid grew uneafy at it, and paflcd 
 
 an aft to prevent the dangers of it 97 
 
 ■ Read in the Parliament of Scotland, and 
 ordered to be printed - 255 
 
 Securjtv,
 
 N D 
 
 X. 
 
 ^67 
 
 Page. 
 
 Security, A£l of, attempts made to perfuade 
 the people agamll it - 255 
 
 „_ Voted in the Pailiament of Scotland 
 
 259 
 >--' ■ , Proceedings in the Parliament of Soot- 
 
 lanJ on - 334? 335' .337. 339 
 
 -_ Peprefentation and )ietilionof the com- 
 
 ' midio.; prefented - - 335 
 
 ■ ■ Obiervation on the reprefcntation, &c. 
 
 336 
 . Infufiiciency of, made a plea againft the 
 
 Union - - - 33^ 
 
 . Lord Beilhaven and others, protell 
 
 againft it - ■ 339 
 
 —— Names of the proteflors 339 
 
 II Names of thofe who voted for and 
 
 againft the Aft, to be printed 340 
 
 I Obiervations on the proceedings on the 
 
 Aft of Security - - 34° 
 
 > Pafled in the Parliament of Scotland 
 
 477. 
 
 » For England, drawn up on the plan of 
 
 that for Scotland - - 484 
 
 Overture of an aft - - 616 
 
 mon mealure of trade 
 
 Scotland behind 
 
 Europe for trade 
 
 Scotland 
 
 poor, ai* 
 
 Page. 
 
 Seton, Mr. fliould Scotland conquer Engla. d 
 with the alfdlance of France, Scotland would 
 not be bettered by it - 314. 
 
 Scotland cannot extend its trade in pro- 
 portion to other nations - 314 
 
 ' Fccderal Union iiiiprafticabic betwixt 
 
 two nations accuftonied to a monarchical go- 
 vernment - - 315 
 
 ■ Spain and Portugr.l fubjeft to Philip II. 
 
 under moft advautaj^eou- conditions, revolt 
 under Phili]) IV. - - 31^ 
 
 Sweden and Denmark aie united, the 
 
 Seton, Mr. of Pitmedden, one of the Com- 
 miffioners, his fpeech in the Parliament of 
 Scotland, before the Treaty is voted for 
 
 >— In which he fliews the advantages of 
 
 the Union of Scotland - 312 
 
 1.1 1 Two kingdoms under one Monarch, 
 the welfare of the flrdngeft is to be pre- 
 ferred . ' - 313 
 '*- Money, want of in Scotland, the corn- 
 s' 3. 
 '1 other nations of 
 - - 313 
 d without force to 
 313 
 
 proteft its conime,.(-g 
 
 ■ State of Commerce' '^ Scotland ^^3 
 
 —— Scotland has .., ^>a^uable branch of ex- 
 jiort, in which 'fome more powerful nation 
 does not interfere - - 313 
 
 Holland- will not fuffer Scotland to im- 
 prove the fidiery - - 314 
 
 AH export to England will be dif- 
 
 couraged as far as Scotland dilcourages im- 
 port from I'ngland - 314 
 
 - Eaft India trade already enhanced 314 
 Trade «f Africa, of imall value 314 
 
 Scotl.md can make aUlaiicc with no na- 
 tion, except Holland, England, or France 
 
 3'4 
 
 \Vith Holland no advantageous alliance 
 
 31 + 
 
 With England, no profitable fiiendihip 
 
 3'4 
 
 Few advantages to be reaped from 
 
 France, \vithoiit an ottenfive and dcfenfive 
 ka^ue - - :: 314 
 
 Swedes revolted 
 
 Spain formerly divided 
 
 into 
 
 feveral 
 
 kingdoms, ten of them incorporated 316 
 ' - France divided into twelve ftates, now 
 
 incorporated - - 3)6 
 
 England divided into feven kingdoms, 
 
 now incorporated - - 316 
 
 Advantages of an incorporating Union 
 
 with England, viz. all the advantages of the 
 commerce which England enjoys; to im- 
 prove our national produft; and our liberty, 
 property and religion fecuied - 316 
 
 • Uifadvaniages Ihould the Union be re- 
 jected - - - 316 
 
 Seton, Mr. junior, of Pittmedden, his fpeech 
 Nov. 18, in fits'our of Article llf. 360 
 
 Fundamentals in government, alterable 
 
 by the iuprcme power of a nation 361 
 
 Sovereignty and independency of Scot 
 
 land, firrt ftirrendered to the French by the 
 Treaty, April 4, 1554, and afterwards to 
 the Englifti at the Union of the Crowns, 
 will be reftored by this l^'nion - 36^ 
 
 Objeftions againft the number of mem- 
 bers to be lent to Pailiament removed 362 
 
 Seymour, Sir Edward, lofes the place of 
 Comptroller of the houlhold 69 
 
 Ships, Proceedings for the regulation of the 
 iliips of Scotland, 169, 171, 172, 180, 184 
 
 ■ Obiervations on the proceedings 173 
 
 Article V. of Union rei'pefting, as fet- 
 tled by the Commiffioners - _ 108 
 
 ■ Proccetlings in the Parliament of Scot 
 
 land on the ;th Article 
 
 292, 367, 369 
 
 Art. V. as fettled by the Parliament of 
 
 Scotland 
 
 ';i9 
 
 I Art. V. as exemplified in England 545 
 
 Sinclair James, his proteft refp&^tmg the re 
 prefentation of the fliireof Caithncfs ■ 497 
 
 Spain, formerly feveral kingdoms, ten of them 
 incorporated - - ■ 1,6 
 
 Stair, Earl of, his fuddcn death, Januaiv S, 
 1706 - - - '^g, 
 
 His fon takes the oaths and ftat 4S9 
 
 Stamp duties, proceedings of the Conimiffioa 
 erson - 127, 137, 144, 147 
 
 — — — Article X. of Union refp,efting, as fet- 
 tled by the CommilTioners - . joo 
 Proceed-
 
 y« 
 
 N 
 
 3?. 
 
 Page. 
 
 ' ' " ■■ Proceedings in the Parliament of Scot- 
 land, on Art. X. - - 295, 388 
 
 Art. X. as lettled by the Parliament of 
 
 Scotland ... ^^j 
 
 Art. ,X as exempHfi'-d in England 549 
 
 Si UA.RT Walter, a Coniniiffioner of Linlith- 
 gow, protefls ngainfi: the zzd Article 460 
 
 • This protell protefted againll by the 
 
 Earl of iVJarchmont and others 463 
 
 ■ Agreed, that thefc protefls fliall not be 
 
 entered in the minutes, but inferted in the 
 records - - - 465 
 
 Succession. The difficulties in fettling it, tend 
 to prevent a Union propofed in 1^02 73 
 
 — i To the Crown, after William III. ac- 
 count of fettling it - -3 
 
 . Difficulties in iettling it • 84 
 
 Oppofed by partits in both countries 
 
 ... 9S 
 
 '■ Limitations oppofed by fecret influence 
 
 99 
 Handles againft the Succeffion ; i. 
 
 Strength of party, on general dillike, and 
 dilhonoiirable ; 2. To load it with ridicu- 
 lous amendments - - go 
 "— — Proceedings of the Commillioners on 
 
 1 16, 1 19 
 -■ - Art. n. of Union refpeding, as iettled 
 
 by the Commiifioners - 197 
 
 . Proceedings in the Parliament of Scot- 
 land, on Art. II. - 292, 344, 341; 
 . — — — Earl Marifchal and others proteil .again ll 
 Art. 11. - - • 3^5 
 — — — Lord Eeilhaven's fpeech on 347 
 ■ ' Obiervation on Loid Bcilliaveti's fpeech 
 
 35' 
 
 ■ ' — Art. II. as fettled by the Parliament of 
 
 Scotland - - .. - 528 
 
 . .— — .'^rt. II. as exemplified in England 545 
 
 Superiorities, or ^';tllalage, obfervations on 
 
 the proceedings on - 458 . 
 
 Explained, what they are 4^8 
 
 The ill cffeets of 
 
 4S9 
 
 Surgeons and Apothecaries, Proceeding on an 
 overtureof as 3(51: relpe(f ting them 509, ^10 
 
 ' Royal t ollege of Phyficians petition 
 
 againll the atl - . ijjo 
 
 SuTHtui-AND, Earl of, claims to be firil Earl 
 
 if Scot land - - 288 
 
 -T. 
 
 Taxes. Proceedings of the Commiflioners on 
 
 an equality of - - -120 
 
 Ilihory of in Scotland fincc the Rcflo- 
 
 ration - - 13 » 
 
 — — — Some paid in England, impraAjc.tble to 
 
 be |>aicl in Scotland, quotas to be fettled 
 
 by I 'arl lament - 148 
 
 ■■ L>i)i<iitet fubfcrjuent to the Union on 
 
 Tbst. Difficulties on account of the Telt 340 
 
 — r Second attempt to cxenipt the Scotch 
 
 hoiu it - - 447 
 
 Page. 
 Toleration cannot be impofed on the church 
 
 of Scotland - - sS 
 
 — — The difference between it in England 
 
 and Scotland - . jo 
 
 Tory and Whig. Characters of ly ^^'U 
 
 Beilhaven - - ■p ^'i 
 
 Trade. England and Scotland oppof^ ^^i^ 
 
 other in . - e** 
 
 • Laws of, to be the fiune in Scotland a,- 
 
 England ■. - 148 
 
 Rights of Companies to be referved 
 
 169 
 
 Article IV. and VI. of.tlnion -refpett- 
 
 ing, as fettled by the Commiffio^srs 
 
 ' Proceedings in the Parliament of Scot- 
 
 land Oil the 4th and, 6th Articles 292, 
 
 365, Sf)?. ilh 375.- 397. 399 
 ■ Obfervations on the proceeding on Ar- 
 
 ticle 6th - - 373, 375 
 
 Firil report of the Committee, on Article 
 
 VI. 39S 
 
 r-:: Obfervations on the report 398 
 
 • 2d, 3d, and 4th reports 4Q0 
 
 Obfervations /'n the reports 401 
 
 5th, 6th, 3--.d 7th reports 403 
 
 Obfer-vaU(r.''S on the proceedings on the 
 
 reports - - - 405 
 
 ■ Private rigjjts that affcfted the trade of 
 
 either kingdc-m to be purchaled 405 
 
 8th and 9.i!i reports - 410 
 
 Article Vi. approved - 41a 
 
 State of b.tween Scotland and France 
 
 -T State of b-tvveen Scotland and England 
 
 414 
 
 — T Trnde of?cotland greatly advanced in 
 
 the fiift yea" after the Union 415 
 
 Article'M.as fettled. by the Parliameiit 
 
 of Scotland - - 5:9 
 
 Article VI, as ormplified in England 
 
 546 
 
 Of Scotland; the alteration it fuftcred 
 
 by the Union - • 6oj 
 
 . ■ ■ Proceedings of the Ci>mmi(lioners of 
 
 Union o( James I. refpetting the trade 
 of both kingdoms « 719 
 
 Copy of 3 paper of the Scotch Commii- 
 fioners for adjiilling the trade betweetj 
 the two kingdoms, Jan. 21, 1667 715 
 
 Trinity, blalphemed by eiirhulialls in Scot- 
 laud - - - 51 
 
 u. 
 
 UiJiON OF THP Crowns. Dcciy of trade, 
 removin* the concourfe of llranfjtrs, 
 exporting their ready money, cmpiyin;; 
 the nation of their inhabitants, bringing; 
 Scotland under Englilh influence, poli- 
 tically though not legally under the 
 nianagcment of tb.v' Eiigl'.fli Court, and 
 other'bad cftlc'ts of a p.utial Union ;<»
 
 N 
 
 D 
 
 X, 
 
 769 
 
 .Union of the Kikcdoms of England 
 AND Scotland. 
 
 InTP. ODUCTION. 
 
 Page. 
 
 Thefirft Parliament fits with applaufe i 
 
 Endangered by the Frencli invafioa 2 
 
 Strengthened by the French invafion, caufing 
 
 unanimity in defence of the Union 1 1 
 
 Stale of religion in Scotland at the Union 16 
 
 Cafe of the drawbacks on fa't fifli exported 
 
 from Scotland, from the time of making 
 
 the A3, of Union to the lil of May 31 
 
 Union of the Kingdoms. 
 
 The origin ok it traced out 33 
 
 The ftrange oppofition made to it 34 
 
 The firft coa'ition with Edw. I. 36 
 
 Firft proje£l of a Union in the fame reign 36 
 Always the wifli of both nations 38 
 
 Projefled through a marriage between the fon 
 of Edw. i. and Margaret of ^iorway 38 
 
 Advantages from that marriaoe 
 
 39 
 
 Both nations fee the advantages of a Unio 
 and not the a.£i. of a few overawed by the 
 king — - ■■ 40 
 
 An end put to the Union by the death of 
 Margaret ■ 42 
 
 Pifmal confequences of this difappoint- 
 ment — - 42 
 
 Again attempted by the marriage of James 
 IV, of Scotland, and Margaret daughter of 
 Kenry VII. 46 
 
 And again, by a propofal of Henry VIII. for 
 Ja'iies V. to marry the Princefs iM^ry 47 
 
 This match prevented by French and Popiih 
 councils • ■ 48 
 
 Henry Vlil. makes another propofal of a 
 ma.ch between his fon Edward and a 
 daui^hier of James - 48 
 
 Renewed by the council >- — — 49 
 
 JJrokeofl'by theFrencb anJ Popifii parties 49 
 
 Fropofedia 1604, by James I, at which time 
 CoiTimiiTioners were appointed, with their 
 names ~— .* -~ — ~- 51 
 
 Articles were agreed on by the Commiffion- 
 Crs, who pretent them to the King, who 
 offers them to the Parliament, which fends 
 them to the commoB law, where they are 
 
 Nothing move done mU I 66q 53 
 
 CommilHoncrs appointed for fettling com- 
 
 mci'cc, i666 ■» '" • 53 
 
 A Union propofed to both Parliaments, in 
 
 ibd^, b«i jiQthiog done in it 53 
 
 Re-alTuincd in 1670 - 
 Tranfcript of the Treaty 
 Preliminary Articles 
 Articles of the Union 
 
 Page. 
 
 53 
 54 
 57 
 57 
 
 rroceeding,s of the Cemmiflioners on the 
 Ariiiks 57 
 
 CommifTioners adjourned, Nov. 8, 1670, and 
 never met more 62 
 
 Obftruflions to former I'reaiies of Union, 
 the death of the Maid of Norway, Popery, 
 French interefi:, home tyranny and court 
 intrigues — — — — — 63 
 
 The opinion of Will. III. on an Union 64 
 
 Occurrences which tended to prevent a 
 Union propofed in 1702 65 
 
 -Viz. tlie fettling an Afncin or Indian Com- 
 pany in Scotland 65 
 
 The affair of Glenco 68 
 
 Difficulties about the fuccefuon and limita- 
 tions 73 
 
 The feizlng the fiiip Worcefter, execution of 
 (-apt. Green and three of the crew 78 
 
 The Acl of Security 83 
 
 A crifis in which we rnufl either fight witji 
 the Scotch, or unite with them 91 
 
 The Miniftry conclude to grant the Scotch 
 what they ought to have, and to gain of 
 them what they ought to grant 91 
 
 Union of the Kingdoms, THn last 
 Treaty. 
 
 Care is taken to remove all obRacles 94 
 
 A concurring Providence affifls in bringing 
 it about — — 95 
 
 Committee of Parliament appointed to ex- 
 amine the expoits and imports between 
 England and Scotland ,. 96 
 
 The Ciueen propofes to the Scots Parliament 
 to revive the Treaty of Union ; who re- 
 fufe to treat until the r.ci to prevent the 
 dangers of the Act of Security is repealed, 
 and which is repealed f 97 
 
 Inclination to Union, univerfal — 07 
 
 Obflacles to the Union from the nobility 98 
 
 Becomes popular by the joining of the tv./o 
 Whig partii-'s — — 99 
 
 Scribblers harrafs the w orld wjth theirfchemes, 
 in which they confider the advantages to 
 the nation to which they belong loO 
 
 Geperal retribution in a Treaty of Union, 
 like a man giving pref^tits to a lady whom 
 ite defires to make his wife ici 
 
 Miita.ke in looking for partial i.nftead of 
 ^;eri"ral auvRntages to one "vaii united 
 
 pody 
 
 IC3I 
 
 Ciouiht
 
 )7o 
 
 N 
 
 D 
 
 X. 
 
 Page. 
 
 Brougrit to p-ifs not by gaining from, but by 
 yielding 10 one another — — 102 
 
 A bsautiful creature, admirable in its con- 
 texture — : — IC2 
 
 A compleat and indifTolvable Union muft de- 
 pend upon equalities of privileges, and 
 equalities of burdens 102 
 
 Oliver Cromwell hit on the only ftep to fix 
 a Union — ^ — 103 
 
 Formed on Olivet's fcheme — 104 
 
 ConimiiTioners meet to confider of the me- 
 thod of priceeding — — 105 
 
 Agree to meet apart, and give their refolu- 
 tions in writiug 105 
 
 CommilTioners had only one public confer- 
 ence, and that on the number of reprefenta- 
 tives in Parliament ■ 106 
 
 Note of the fpeakers, and arguments on th s 
 confererxe — — i°o 
 
 Commiffion to the perfons appointed for 
 Scotland ■ — — 130 
 
 Natiies of the CommiiEoners for Scot- 
 land 108,113 
 
 Coinmiffion to the perfons appointed for 
 England — no 
 
 Names of the Commiffioners 1 1 0, U 3 
 
 The Lord Keeper of the Great Seal of Eng- 
 land, his fpeech on opening the com- 
 iniffions ■ — 114 
 
 The Earl of Seafield's fpeech on the pare of 
 Scotland — — • — 115 
 
 Proceedings or the Commissioners, 
 
 Articles of Preliminaries ■ 115 
 
 England and Scodand to be united under the 
 
 name of Great Britain — — 116 
 
 Proceedings of the Commiffioners on the fuc- 
 
 ceilion _ 116 
 
 The Commiflioners of Scotland give in pro- 
 pofats to partial, rather than a general 
 Union, which the Englifti Commons re- 
 fufe to treat on, infifting on a general 
 
 Union — — m6 
 
 Obfervation on the minutes of the three firft 
 days — — ' 117 
 
 The Scotch Commiffioners agree to the name 
 of Great Britain, to the rcprefcotation by 
 one Parliament, and to the fucctflion in 
 the Princefs Sophia and her heirs, being 
 Proteftants, and a full Union of Trade, 
 
 A Committfec for rcvifing the minutes ap- 
 pointed - ■ ■'■ — 11 9' 
 
 Page;. 
 
 The ireaters on the part of Scotland called 
 
 /ri7//orj by the rabble of Edinburgh J20 
 
 Proceedings on an equality of taxes, &c. 120 
 
 Committee appointed to confider matters to 
 
 them referred 121 
 
 Committee of England deliver a flate of the 
 
 revenue, income, and debts of England 122 
 
 Committee of Scotland deliver a flate of the 
 
 revenue and debts of Scotland 123 
 
 Private rights of corporations referved to be 
 
 confideied — — 123 
 
 Land-tax at is. in the pound, i2jCO0l. 123 
 
 Neither Kingdom to beburthened with debts 
 
 contrafted before the Union 123 
 
 Guftoms of England at theUnion Ij34Ij559/. 
 
 perann. — — — — 123 
 
 Excife of England at the Union 947,602/. 
 
 pel a in. — — — 123 
 
 Cuftoms of Scotland, let at 30,000/. pir 
 
 ann. • 124 
 
 Excife of Scotland, let at 35,000/. /xronn. 124 
 Revenue of Scotland not appiopriated to pay 
 
 any debt — 124 
 
 Difficulties on account of the national 
 
 debts 124 
 
 Neceffity of a fcale of equalities — i 124. 
 Proceedings for regulation of Excife IC5 
 Difficulties in fixing a fair land tax 129 
 
 Proceedings on flamp duties — 137,144 
 The duties on fait 127, 138, 144, 147, 152, 
 155, 162, 167, 169, 172 
 
 On the duty on windows 127 
 
 On the duty on coal and culm 127, 144 
 
 On the duty on malt — ^ 127 
 
 On the duty on cinders - 138, 144, 147 
 The Queen's fpeech to the Commiffioners, 
 
 May 21, 1706 139 
 
 Some taxes paid in England, impradlicable 
 to be paid in Scotland — — . 140 
 Quota of future taxes to be fettled by Parlia- 
 ment — 147 
 
 Laws of Trade, Cuftoms, and Excife, to be 
 the fame in Scotland, as England 148 
 Other laws of Scotland to be in force, but 
 alterable by Parliament — 148 
 Laws of privite right in Scotland to remain, 
 except in cafes of evident utility 148 
 Courts of judicature and judiciary to remain 
 as before the Union — 148 
 No caufes in the Kingdom of Scotland to be 
 cognizable in the courts of England 149 
 A Court of Exchequer to be eredted in Scot- 
 land -— 149 
 
 RighU
 
 N D 
 
 X. 
 
 ^^t 
 
 Page. 
 
 Rights of Royal boroughs to remain 149 
 
 Admiralty jurifdi£lIon to be under the Lord 
 Migli Admiral of Great Britain I55, 156 
 
 Commons of England propore 38 members 
 to be fciit from Scotland to tlie Houfe of 
 Commoiis • — 156 
 
 Court of Admiralty, for private right, to be 
 continued in Scotland — — 157 
 
 Commons of Scotland wiOi for a grea:er 
 number of reprefcntatives, an J propole a 
 conference on the lubjcft — 157 
 
 Scheme refpecling riglit of appeal in private 
 
 Commons of England piopofe 45 repre.'en- 
 tatives in the Commons, and 16 in the 
 Lords, which is agreed to by the Com- 
 mons of Scotland •163 
 
 Obfervatii n on the proceedings for unit'ng 
 the Parliament — • — 104 
 
 Peers of Scotland to be eftecmed Peers of 
 Great Britain 166 
 
 Proceedings on the privileges of the Peers of 
 Scotland — '■ — 167, 170, 772 
 
 Proceedings on the coinage 167, 16S, i8j, 
 
 i8t. 
 
 On weights and nieafures 167, 168, 184 
 
 Rights of corp'jrations and companies tJ be 
 leferved — — 169 
 
 Proceedings for the regulations of" fliips 169, 
 
 171, 172, 184 
 
 To be only one Great-feal, but the feal ol 
 Scotland to be made ufe of in matters of 
 private right and juftice 171, 181, 184 
 
 Proceedings rcfpeilirg the packing of her- 
 rings, white fifli and falmon 171, 180 
 
 Obfervation on the proceedings on the pri- 
 vileges of the Peers 173 
 
 Cbfervation on the proceedings for the re- 
 gulation of flipping 175,180 
 
 Proceeding's for ailjufting the equivalent 175, 
 176, 182, 185, 1S6, 187 
 
 ©bje£lions to the Afiican Corapa iy by the 
 Commons of England, who offer to regard 
 the lofTes, 6cc. 176 
 
 Out of the equivalent allowed to Scotland, 
 the debts of Scotland to be paid, the fund 
 of the African Company difcharged, the 
 lofs on the coin to b; made good, and the 
 furplus applied to the encouragement of 
 fiflieries, manufaftures, &c. — 177 
 
 The Queen's fpeech to the Commiffioners, 
 June 26 • — — 180 
 
 Four CommifTioners appointed to draw up 
 the Articles agreed on 180, 183 
 
 Page. 
 
 The croOes of St. Andrew and St. George 
 
 to be joined in flags, 5cc. 183, 185, 186 
 
 Privy leal, fignct, and other fe.ds, to be con 
 
 tinned, but alter<.-d to fuit the Union i8t, 
 
 ■ 184, 186 
 
 An eflimate of what the revenue of bcotlanJ 
 
 may produce after the Union, 216,000/. 
 
 18S 
 An account of the value of the annual fums 
 contributed out of the culloms of Scotland, 
 according to the prefent ])roduce, towards 
 the anticipated funds of the Cuftoms of 
 England ' 189 
 
 And of the Excife 
 
 190 
 
 The Union to take place May i, I707 191 
 
 Oaths an J declarations to be made and takeft 
 by the reprelentatives 192 
 
 The Articles of Union figned by the Com- 
 mifTioners July 22, 170b — — 194, 
 
 Articles of Union prefented to the Queen, 
 and the commiffion clofed, July 23, 1706 
 
 194 
 Speeches of the CommiiTioners to the Queen 
 
 194 
 
 The Queen's anlwer 196 
 
 J he Articles of Union, as concluded by the 
 
 CommifTioners at London 197 
 
 Article L Name and fldndards 197 
 
 U. SucccfTion 197 
 
 IIL To be reprefented by one Parliament 
 
 198 
 
 IV, Full freedom and intercourfe of Trade 
 and Navigation 19S 
 
 V. Ships of Scotland ^^ • 198 
 
 VL Lncouragemcnis and retlriflions on 
 
 trade, with the cuflims and duties to be 
 the fame in both counirirs 199 
 
 VII. Excife to be the fame in both countries 
 
 VIII. Salt duties and ex 
 
 IX. J^and Tax — 
 
 X. Stamp Duties 
 Xf. Window duties — 
 XII. Coal, Culm, and Cinder duties 
 Xin. IVlalt duty 
 
 XIV. No former duties laid by the part of 
 England to extend to Scotland except 
 provided for in the Articles, but to pay all 
 future duties — 
 
 XV. Equivalent 
 
 XVr. Coin 203 
 
 XVn. Weights and Mcafures 203 
 XVIIf. Laws of I rade, Cuffoms, and Ex- 
 cife 203 
 
 5 ^' 2 XIX. 
 
 200 
 
 201
 
 77« 
 
 N D 
 
 X. 
 
 Page. 
 XIX'. Court of Seffion and College of Jullice 
 
 204 
 
 XX. Heretable offices, &;c. — — 205 
 
 XXI. Privileges cf Roval boroughs 205 
 XXil. Reprefentatives to be Cent to the 
 
 Lords and Commons — — 205 
 
 XXIII. Piivileges of the Peers 207 
 
 XXIV. Great ieal and other fcals 207 
 
 XXV. All laws, contrary to the terms of 
 the Union, to be repealed 208 
 
 Progress OF the Tr£ATY in Scotiand 
 
 209 
 
 No part taken by thofe who h:d no great 
 
 concern foi tnegood of their country, and 
 
 by thcfe who had fuppofed it would be loft 
 
 in Parliament 209 
 
 Oppofed bv pretending to amend what they 
 
 meant to deft oy 2!0 
 
 Sixteen days fj^ent in reading the Articles and 
 
 diffourfing on them — — ?. 10 
 
 Moved that the Parliament now proceed to 
 
 approve thc-m or not 210 
 
 Moved the further confideration be poflponed, 
 that the I'entiments of the Parliament of 
 England, and of their conflituents might 
 be known - '■ ■ 21O 
 
 Both motions lofl: 210 
 
 The opponents endeavour to clo^ the bill 
 with things impoffible for the Parliamer.t 
 
 of England to pais 211 
 
 The prudent conduft of thcDuke of Queenf- 
 berry, her Majefty's High Conuniilioner 
 
 212 
 
 The Queen's letter to the Parliament cf 
 
 ScotUnd at opening of the fcffion 214 
 
 Duke of Queeniberry's fpeech at the opening 
 
 of the feflion — — 215 
 
 Eail of Seafield's fpeech — — 216 
 
 'i he Treaty ordered to be printed 218 
 
 Oppofed by four parties; 1. The profefled 
 Jacobite party ; 2. The Epifcopal party; 
 3. A miftaken people; 4. Thofe who op- 
 pofed it upon po'itical enigma, &:c. who 
 Itir up all other parties to oppofition 219 
 A general alann in Scotland againft the 
 Treaty. The poor for taxes and wint of 
 employmcrit : the merchants for exceffive 
 cuftoms, everv thing being left to the dif- 
 pofal of a Britifh Parliament : Epifcopacy : 
 and laltly, as a breach of the Covenant and 
 Solemn League ■ 221 
 
 Mr. Hodges writes a large bpok acainft it, 
 ^^ containing the mod palpable untruths 223 
 
 Pagff, 
 
 The Articles read over one by one and de- 
 bated on — — 224 
 
 Innumerable pamphlets publifhed againft it 
 
 225 
 
 A general cry of " No Union," and th^ 
 treaters ciUed traitors 226 
 
 The various parties j^in in oppofing the 
 Union as a common evil 227 
 
 Proceeding's without doors againft the Union 
 
 230 
 
 Endeavours to procure an adjournment on 
 the pretence of confulting their confti- 
 tuents 239 
 
 Several boroughs wrote letters to their repre- 
 fentatives, requiring them not to vote for 
 the Union 231 
 
 Public AddrefTes to Parliament for the fame 
 purpofe — — • 231 
 
 " No incorporating Union," was the vvrrd 
 
 A firing of AddrefTes againft an incorporat- 
 
 ing Union 
 
 A public faft propofed, and by foine objcfted 
 
 to 233 
 
 A public faft appointed by the Church 235 
 The Union oppofed by the Dukes of Ha- 
 milton and Atliol 236 
 
 The High C'omminioncr infuUed 236 
 
 Sir Patrick Johnflon ill-treateJ by the mob 
 
 -37 
 Me:r.bers of Parliament grofsly infulted, their 
 
 windows broken. Sic. 238 
 
 Edinburgh delivered from the terror of a 
 
 mob, by the appearance of the guards 238 
 Pleas for and againft bringing in the guards 
 
 240 
 Falfe reports of various parts of the country 
 
 being in arms ■ ■ 241 
 
 Aftairs of the Church left to be fettled by 
 
 the Parliament of each country 243 
 
 Thofe who had leaft regard for the Church, 
 
 made the moft iioife iefpc(tting its fafety 
 
 244 
 
 ConveJitlon of Royal Boroughs addrefs Par- 
 liament againft the Union 244 
 How far the Covenant was againft it 248 
 Oppofed by the Cameronians — 249 
 The Articles, with the r.ames of the Com- 
 miflioners, burnt by about 200 Camer- 
 onians at Dumfries, who alfo fix a fcdi- 
 tioLis paper on the Crofs ■ 250 
 Their numbers exaggerated io6jOSO, 7,000, 
 
 or even 10,000 ■ — 250 
 
 The paper printed at Edinburgh 250 
 
 The
 
 r N 
 
 D 
 
 X. 
 
 773 
 
 The Camcronians after this beliavc with 
 great calinncfs and difcretion 251 
 
 The Articles again read, to be voted on 252 
 'J'he fiift Article voted and approved No- 
 vember 4, whicli had been twice a day of 
 hap;-incfs to this kingdom, hy the birth of 
 Will. III. and the day on which he landed 
 
 atTorba/ _ 253,333 
 
 1 he Articles difputed article by article, 
 clauQ; by clauf'-, and word by word 2^j^ 
 AmenJraenti made by the Parliament of Scot- 
 land ■ 254 
 
 Tlie opponents endeavour to introJuce alter- 
 ations, which could not have been recon- 
 I ciled, and niuft have overthrown the 
 
 Treaty 254 
 
 Aitein;its to make the Church a tool for op- 
 
 pofmg it ' •— — 2 '55 
 
 Commiffioners of Allembly addrefs againit 
 
 the Union 255 
 
 An a£l for the fecurity of the Church, read 
 
 and ordered to be printed 255 
 
 Endeavours are made to perfuade the peojjle, 
 
 that the ail is not a fufficient fecurity to 
 
 the Church 255 
 
 Some of theCommiflioners in the Committee 
 
 withdrew thenifeives on account of the 
 
 warmth of fomc of the mi aiders 256 
 
 Difficulties debated on in the Committee 
 
 256 
 ObjeiSlinns to the Bifhops fitting in ttie 
 
 Britiffi Parliament 257 
 
 Proceedings on a fecond addrc-fs from the 
 
 Commifficners to Parliament 257 
 
 Protefl againft the fecond Addrefs 258 
 
 The protefl recorded with anfwers to it 258 
 
 The Aft of Security voted 259 
 
 Letters and addreffes from various parts of 
 the coun:ry fent to the Commiilioners 
 
 260 
 
 Various attempts to make the Commiflioners 
 
 proteft sgainft the Union, but in vain 
 
 The prudence of Wifliart, Moderator of the 
 
 Afl'embly and Commiflioner 260 
 
 The difputeskept from the pulpit 263 
 
 Country tumults againft it, which tend to 
 
 open the eyes of the oppofers, who in the 
 [ end choofe rather to agree to the Union, 
 , than to the admifiion of civil war and 
 
 Popiftior tyrannical powers 264 
 
 The eafe with which the common people arc 
 
 impofed on and peiluaded to join in a mob 
 
 2O5 
 
 Pape. 
 
 Account of the Glafgow rabl Ic 266 
 
 They fign a mob addrefs — — • 270 
 
 The little refpedt wliich ought to be paid to 
 
 fuch addreffes . 270 
 
 The fecond Glafi/ow rabble 271 
 
 Finlay, a Jacobite, becomes their leader 274 
 Marches at the head of 45 men, to meet 
 
 other difcontents at Hamilton 27c 
 
 Return to Glafgow and is Rized by the 
 
 Qiicen's tioops _— . 279 
 
 Undcihai.d proceedings of the opponents to 
 
 the Union 281 
 
 Tumults were raifed under pretence of ex- 
 
 ercifing the fenfible men 281 
 
 The Parliament of Scotland pafs an aft and 
 
 proclamation againft it — 282 
 
 383 
 
 The affairs of the Englifh debts ftatcd 
 
 Proceedings in the Parliament of 
 Scotland, MET Oct. 3, 1706 285 
 
 Duke of (^uecnfberry appointed to rep efent 
 the Queen 2S5 
 
 Several Lords take the Oath of Allegiance 
 
 286 
 
 Articles of Union ordered to be read 286 
 
 Ordered, the minutes of the proceedings of 
 the Commifficners be printed 286 
 
 Reafons for and againfl printing the Artie les 
 
 2S7 
 
 Articles of Union again read, Oft. 12 288 
 
 Ohjcition againft tl e fecond rending ; con- 
 fulting conftituents 289 
 
 A propofal for a general readmg, but ad- 
 journed ■ — 289 
 
 Motion for poftponing the confideration for 
 eight days, but thrown out 290 
 
 Firft article read. Oft. 15, and adjourned 
 
 290 
 
 The addrefs of the Commiffioners of tnc 
 
 General Affembly read, and promifed to 
 
 be confiJered before the vote on tlie 
 
 Treaty 2^2 
 
 The fecond Article read, Oe^. 17 202 
 
 Articles 3, 4 5, 6, 7, 1:', reaa the fame day 
 Obfervation on the proceedings on the 
 Articles ■— — — 293 
 
 Articles 9, 10, II, 13, 14, 15, read anddil- 
 
 couifedon — 295 
 
 Obfervation on the proceedings on the above 
 
 articles • 29c 
 
 Articles 16, 17, 18, ;read, and difcourfed on 
 
 = 97 
 
 Obfervations on the proceedings on the above 
 
 articles •- ■ 297
 
 ';4 
 
 N 
 
 ^ 
 j-<«* 
 
 h committee appointed to C)nfult on the 
 
 equivalent ■ 297 
 
 Article 1 1, ai'-ain read, Oft, 2^ 29S 
 
 Ob ci-vationj on liie procsrecinig of Oft. 23 
 
 Great tumults, bo'.h in the ftieet and in Pai- 
 liamer.t -- — ■ 299 
 
 Gl-tat uneafineiTfs raifed on account of the 
 duties on fait and beer 303 
 
 Guards brought to. Edinburgh, and a pio- 
 "clam.'.tioti iflued againft tumultuary meet- 
 iiitrs, bv or ler of the Piivy Coiinr 1 301 
 
 Thefc proceedings approved by i'arliament 
 
 70 I 
 
 Name< of proteflors, againit thtfeprocetdini^s 
 
 301 
 
 Obfervations on thefc proceedings 302 
 
 i^rticlc 18 again read, alfo articles 19, 20, 
 
 21, read 305; 
 
 7 he fame articles tead, alfo articles 22, 23 
 
 505. 
 
 Anicles 22, 23, again read, OcT. 25, alio 
 articles 24. 25 — 3OS 
 
 Moved and carried Nov. I, to proceed on 
 thearirl;s — — 306 
 
 Moved alfo to be a^oumed, until the fenfc of 
 the nation be known ; tlie motion iofl. 306 
 
 Addreflfes againft the Union, from Mid Lo- 
 .tiiian, Linlithgow, and Perthlhire 307 
 
 Obfervations on thsfe proceedings 307 
 
 Motions and debates befoie voting on the 
 'firft article, Nov. 2. 309 
 
 Obfervatiois on the above proceedings 310 
 
 'J'hepleatffetling the Church, made both by 
 the enemies of the Church and opponents 
 of the Union ' - 310 
 
 Tlie fpecch of Mr. Seton of Pitmedden, one 
 of the Commiilioners before the Articles 
 are voted for, in which he fiiews the ad- 
 vantages and difadvantages of the Union, 
 (for particulars, {ttSeton) 312 
 
 Lord Beilhaven's famous fpeech againll it 
 (f r paiticulats, fee Bellhaven) 3J7 
 
 Sterling, Dumbartoun, Linlithgow, Dun- 
 keld and Dy'ert, aJdtefs againit an incor- 
 porating Unicxi — — 329 
 
 Pioceedmgs in the Parliament of Scotland on 
 the firft article, Nov. 4, 
 
 Dui;e of Athol and 
 againft the Union 
 
 329 
 meny others proieft 
 
 3iO 
 
 The firft artick' voted ■' 331 
 
 Nain'.s of thofs vvh-j voted for and againit, 
 
 01 dcred to be printed . ■ 331 
 
 Obfervations on the defign of procuring ad- 
 
 Pa^e. 
 
 drefies, and on the addrefTes themfelves 
 
 331 
 
 Coui'tfr addrefTes thought r f, but, as it would 
 
 have been a kind of puUii g the nation, 
 
 laid afide 331 
 
 Some counter addreiresfigned, bet never pre- 
 fe..ttd . 332 
 
 Struccles ncainft it, now made in Parliament 
 cnly 332 
 
 Many objcft;onj r iltd, tvhiJi were liOt 
 griunded on fail 332 
 
 A tcederal Union offefed for tie furpofe of 
 throwing out the general Union 332 
 
 Procetdini in il'.e Parliament of Scotland on 
 (he Aft of becuriiy, 334, 335, 337, 339 
 
 The Lord Chancellor delnes his name to be 
 recorded among thofe who voted for ihe 
 Union 334 
 
 Commifiioners of the roy?d bur^ihs, Ren- 
 frew, Fife, Falkland, and Hamihoun, ad- 
 drefs againft the Union 334. 
 
 Reprefentation and petition of the commifli. a 
 of the General AfTembly of the Church 
 prefented 33-5 
 
 Addrclies from TuUiallan, Dumfeiling Bor- 
 rcwfiounefs, Blantyre, and Anendale, 
 againfl the Union 335 
 
 Supply of eight months granted for the 
 Queen — ■— _ 335 
 
 Obferva ions on the reprefentation and pe- 
 tition -i - — - 336 
 
 Obferv-atlons on pafling the fupply 336 
 
 Forfar, Camburnethan, Caniburling, Kil- 
 bryde, Botliwel, and Old Munkland, ad- 
 drefs againft the Uni( n - 337 
 
 InfufHciehcy of the Aft of Security, made a 
 pica againft the Union 338 
 
 Crail, Katier Munkland, Shotts, Dalferf 
 ijtenhoufe, a body of people in the South 
 and VVellern Hies, and Kircudbright, ad- 
 drefs againft the Union — ■ 33g 
 
 Lord Beilhaven and others, proteft againit 
 the Aft of li-curity — — 339 
 
 Names of the proteftcrs 339 
 
 Names of thofe who voted for and againft 
 the Aft of Security, tobeprintcd 3^0 
 
 Obfervations on the [irocecdings on the Aft 
 of security 340 
 
 Colleges of Scotland fccured by the aft 340, 
 
 Difficult es on aicount of the Tell 340 
 
 'J'he Lord Chancellor dcfired to ha\c his 
 
 name printed with tiiofc who voted for the 
 
 Aft of Security 3^3 
 
 Coving-
 
 N 
 
 X. 
 
 775 
 
 Page. 
 
 Covingtoun, Carflaiis, Lymonfoun, Liber- 
 
 toun, Quothqiian, Dunlyre, Ruthcrglen, 
 
 Carriwarth, andLanerk, addrcfs againd the 
 
 Union 344. 
 
 Proceedings on Article II. 344, 345 
 
 Rcprefentation and petition of tlie general 
 
 AfTcmbly, on the iiicieafe cf Popery, &c. 
 
 34S 
 Glafgow, Gorbels, Bicgar, Laneik, adJi. is 
 
 againft tlie Union - - 345 
 
 E'arl Marilchal and others p-oteft againft tiie 
 
 Cecond article - - 346 
 
 Names of the proteftors - 346 
 
 Loi'd Chancellor allowed to have his name 
 
 printed with tliof who approve of Art. If. 
 
 « . 347 
 
 Compared withSatan's deceiving Eve 348 
 
 ObferVdtion on L rd Beilhaven's fpeech 
 
 351 
 Kirkcudbright. Crawford, Crawford-John, 
 
 Couper in Fife, and Lanerk, addrefs againft 
 
 the Union - - 353 
 
 Marquis of Annandule and others, proteft 
 
 againft the third article — — 354. 
 
 Names of the proteftors - 355 
 
 Obfervation on the proceedings on the third 
 
 article - - 355 
 
 Arfjuments for and ajrainft a union of Parli.i- 
 
 ment - - - 356 
 
 Speech of Mr, Seton, junior, in favour of 
 
 the tliird article 
 
 360 
 
 Fundamentals of Government alterable- by 
 the fupreme power of a 1 ation 361- 
 
 Sovereignty and independency of Scotland, 
 farrendercd to the French by treaty April 
 4, 1554) ^'"''^ again to the Englilh at I'le 
 Union of the Crowns, will be reftored l)y 
 this Union - - - 362 
 
 Objections againft the number of members 
 in Parliament removed . 362 
 
 Complaint made to Parliament of the High 
 CommiiTioner being ill-in ated by the mob, 
 and enquiry referred to the Committee on 
 the Equivalent • - - 364 
 
 St. Andrews- addrefles againft the Union 
 
 Proceedings on tiic fourth Article 
 
 36q, 367 
 Obfisrvations on tlie tumult, in which the 
 Lord Commiflioiier was ill-treated 365 
 Paiiley addreffes againft the Union 367 
 
 Proceedings on the 5th Article 365, 367 
 Proceedings on the 5th Article, 369 
 
 Dbfervations on the proceedings on the 4th 
 
 Page, 
 and 5th Articles - 368, 370 
 
 Glafgc'v^., Culrof'', Saline, C^rnock, ! orie. 
 Sterling, Annandale,Innerkeithing, addrefs 
 againft the Union. - 368 
 
 The oppofers of the Union had prnpofed 
 objeftions to he made in the Parliament 
 of England, to the alteratior.s they had 
 caufed to be made in the Parliament of 
 Scotland - - "71 
 
 Roxburgh, Annau, Lochmabban, Lchna- 
 hago, addrefs againft the Union 373 
 
 Proceedings on the fixih Article 373, 37^, 
 
 397 • 399 
 Obfervations orathe proceedings on the fiy.th 
 
 Article — 373, 375, 
 
 A£ls prefented from various places for the 
 continuance of duties for various private 
 purpofes, as repairing bridges, harbours, 
 
 &c. 572 
 
 Obftrvatinns on thefe acts 374 
 
 Mid-Lothian addrefs againft the Union • 
 
 375 
 Proceedings on the feventh Article 
 
 C V,- • , r> 376, 378, 385. 3^8 
 
 bt. Nmian and Dunbar addrels againft the 
 Union — — ■ ■:^-jn 
 
 Obfervaiions on the proceedings on the" fe- 
 venth Article 378, 385 
 
 Calculations refpe£ling the Excife on beer 
 
 380 
 Proceedings in Parliament refpeiling the 
 
 Glalgow rabble 382 
 
 Cbfervations on the proceedings 383 
 
 That part of the Aft of Stciiriiy repealed 
 
 which authorized the arming and di- 
 
 fcipling the fenfible men, uithobfcrva- 
 
 tionSjpn thefe prcceedirgs 383, 38? . 
 
 Air and Lurnt-lfland addrefs againft the 
 
 Union n^r 
 
 Proceedings on the Sth Article 
 
 386, 388 
 Dbfervations on the proceedings on the 8th 
 
 Article 
 
 387.3S3 
 
 Air, Glenkcns, and New Galloway, addrefs 
 
 againft the Onion ■ oS'7 
 
 Proceedings on the 9th Article 
 
 Proceedings on the 
 13th Articles 
 
 JO, nth, 1 2th, ard 
 388 
 
 Proceedings on the 14th Article 388, 389, 
 
 Cbfervations on the proceedings. 388, ,389 
 
 391 
 Repo t of theComm'ttec of equivalent 303 
 
 Proceedings on the 15th A-riicle 393 
 
 Lord
 
 776 I N P E X. 
 
 Page. Page 
 
 l,orJ Jkilluncn aiiJ others' pvoteft againft Seven or eight fliips fent to tlie Englifli 
 
 the proceedings on thii Article 394. plantations in t!ie firft year ^ 415 
 
 Nam s of llie I'^otcftors — 394 Three or foor fliips r.-turn with wines from 
 
 Obiervation- on the proceeding's 394 1 rJy and Portugal, in return for fifh 415 
 
 Equivalent not unJerliood in Scotland In the open tr;K!e with Franco ul'ed to pay 
 
 jq'} a balance of ico,OOOl. ~ 41^ 
 
 Kjtionnl Debt of England at the Union 20 In the trade with England Scot'and will rs- 
 
 mi lions 397 ccive 2co,ooqI. 415 
 
 Douolas, Cariiiichael, and P ti;.can, addrefs Reports of the Committee on the 3th Ar- 
 
 asainfl the Union 357 "t^'^ . ' 4l(* 
 
 Rep )it of the Committee on the li>:th rtr- Obfervations on the reports - 417 
 
 tjcie 398 Lowder, Cliainhilkirk, and CaUer, addixfs 
 
 Obfervation' on the report - 39S agamft the Union < 48 
 
 Du.nblain, Hjrnilto', Capu'h, Lethendy, Piccecdings on fe drawback on falt-filh 
 
 Alyth, Kinlook, Errol, Kilfpendi.', Kin- _ ^ _ 42O 
 
 nairJ, Inchture, Lo jjforoan, St. Madoes, Obfc.vations on the (roceedinus 4^0 
 
 Kinfaun-, Lo_ie, Airih, Larbt-rt, l)u- Proceedings on the drawbacks on fait beef 
 
 n:paee, and Deny, a^clrefs agaiafl: the and pork 421,423 
 
 Union 399 Obfervations on the proceedings 421, 423 
 
 Second, 3d, ard 4ih reports of the Com- MayboM, Kirkmichacl, Gervan, ICirkef- 
 
 itiittee on the 6'h Article 400 wald, Barr, andCanick, addrefs againft 
 
 Obfervations on the reports of the Com- the Union — 425 
 
 miitee — — 401 The Duke of Athol and otliers proieft 
 
 Q^K-ries to the Pr.fbyterian Nobbmen, &c. againil the 8th Article ' 426 
 
 cidereJ to be burnt by the comnion hang- Names^of the prottftors — . 426 
 
 man ' — 4O2 Obfervations on the proceedings 427 
 
 Fifth, 6th, and 7:h reports of the Committee Pioceedings on the 15th Article 430,438 
 
 on the 6th Article 403 Obfervations on the proceedings 431,440 
 
 P.oceedings on the 5th, 6th, and 7th re- Mr. Baron Cleik's opinion on the i^th Ar- 
 
 ports 403 t'cle ~>— ~ 433 
 
 Obiervations on the procfcdings 405 Letters are written to the AddrcfTers n\ 
 
 Private riglits that affecied the trade cf either evoiypart of Scotland, definng their4 to 
 
 kingdoms to le puichafed — - 405 aflemble at Ediabur^h, on pretence of 
 
 Berwick ad rcflcs againft the Union 410 waiting the eliefts of their addrelles, with 
 
 A pr nt on the drperidencv of the Crown die proceedings of i'arliament ther?on 
 
 ordered to be burnt by the haagman 410 433 
 
 The 9th report of tlic Cciiirnittee on the A proclamation againft the addreflcrs com- 
 
 6th article - - 41O ing to Edinburgh — — 435 
 
 The 6th A'ticle app-oved » 413 Protcfl againfl fome part of the procbma- 
 
 Proceedings on the Sth Article 412, 416, tion — -~- — 436 
 
 418, 412, 421, 423, 425, 430 Obfervations on rhefe proctiedings 456 
 
 Obfervations on tlie proceedings on the 6th Only three Prefbyicrics in the whole king- 
 
 and 8th Articles _— ^ 41?. dom addrcffed, viz. Lanerk, Hamilton, 
 
 State of the trade between Scotland and and Dumblaia -^-^ 438 
 
 France »■•■■•■ 413 Proceedings on the i6th Artcle 444 
 
 St<ite of the trade between Scotland and Proceedings on the 17th Article 445 
 
 tnetar.d — 414 Proceedings on the iSthAnitlo 445'. 450 
 
 Tl-.e Scotch iin.ens advanced 3d. an ell in the Proceedings on the jgth Article 445, 448 
 
 firll year after the Union - 414 451 
 
 140,000 bolls of corn exported in the firit Obfervations on ihcfe proceedings 446 
 
 year after the Union — — 415 Aberccffl
 
 N D 
 
 X. 
 
 777 
 
 Pa^e. 
 
 Abercorn, Earl of, protefts againft part of 
 the i8th Article 450 
 
 Aberdeen, Kincardine, Stoneliaven, and Pe- 
 terhead, address againft .■ Union 456 
 
 Proceedings on the 20tli Article 4^6 
 
 Proceedings on the 21ft Article 456 
 
 Proceedings O'l the aad Article 457, 4(30 
 
 463, 464, 467 
 
 Six different protefls againft the aad Article, 
 viz. Duke of Athol, Earl of Buclian, 
 Gfcrge Ldcklurt, of Carnwath, Walter 
 Stuart, Earl of b rrol Lord High Confla- 
 ble, and Karl Marilchal - 460 
 
 Names who adhere to the Earl of Buchan's 
 proteft - - 461 
 
 Names of thofe who adhered to the Duke of 
 Athol's proteft - 461 
 
 Earl of Abercoin's proteft againft part of the 
 22d Article - - 462 
 
 Obfervations on the proceedings on the 22cl 
 Article - - 462 
 
 Earl of Marchmontand others proteft againft 
 the four protefts of the Duke of Athol, 
 
 I the Earl < f Buchan, G. Lockhart, and 
 W.ilter Stuart - - 463 
 
 Names of the counter-proteftors - 463 
 
 Lord Balmerino, and others, proteft 
 
 againft 
 
 the countcr-proteft - - 464 
 
 Names of thole who joined Lord Balmerino 
 
 his proteft - - 464 
 
 Agreed that none of thefe protefts be inferted 
 
 in the minutes, but entered in the records 
 
 465 
 Obfervations on thefe proceedings 
 Perth addrpffes againft a Union 
 proceedings on ^he 23d Article 
 Obfervations on the proceedings^ 
 Proceedings on the 24th Article 
 Lyon Kitig at Arms gives in a 
 
 the 24th Article 
 The 2^1 ■ Article approved 
 Obicrvations oii thefe proceedings 
 The Articles debated trom Git. 3, to 
 
 14, when they were all approved of 
 Draught of an Ai\ for ratiiying the Union, 
 
 given in - - 476 
 
 With proceedings ther-'on 476, 477, 479 
 Obfe-vati ns on the proceedings 476 
 
 Proteft for the Duke of Douglas, for privi- 
 leges which he claimed - 478 
 Duke of Haiiiilton's proteft claiming fouie 
 
 466 
 467 
 470 
 471 
 474 
 memorial on 
 
 474- 
 474 
 475 
 Jan. 
 
 47 S 
 
 Page. 
 
 of the privileges claimed for the Duke of 
 
 Douglas - - 478 
 
 A(S for fecurity pafTed - 477 
 
 Of THh Act OF ratification after it 
 
 WAS PAST THE PaRHAMEIT OF SCOT- 
 LAND TILL THE EXEMPLIFICATION OF 
 IT BY THE PaRLIAME .T OF l.NGLAND 
 
 481 
 
 Succefles abroad tendcl much to the ac- 
 compliftiment of the Union 481 
 
 Difcouragcments to the enemies of the Union 
 
 482 
 
 Reafons why the French might wifh to pie- 
 vent it - - - 482 
 
 The Eivglifli Parliament met Dec. 3, 1706 
 
 482 
 The Queen's fpeech to her Parliament 483 
 Extraordinary difpofition of England for 
 
 the Union ^g^ 
 
 The treat rtad in the Houfe of Lomfnons 
 
 of England Jan. 22 4.84 
 
 Each Article read and voted fingly in a 
 
 Committee of the whole Houfc 484 
 
 Some oppofition to it in general in tlii 
 
 Lords, but no amendment olfered 484 
 Some protefts againft it in the Loids 484 
 An Act ol (ccuriiy for the church of England 
 
 prepared by tht Bifliops — 4J44 
 
 Th-i Aft palled both Houfes en the 4th of 
 
 March, and the (^een pafTed it on the 
 
 6th — ■ 48^ ^ 
 
 The Queen's fpeech at pafling the Adt of 
 
 Union — — 486 
 
 The original treaty lodged in the Towt-r, 
 
 and an exempHficati.jn of it under the 
 
 Great Seal fent to Scotland ^g^ 
 
 MjNUTES of the PARLIAMENT OF ScoT- 
 TAND CONTINUED - — ^87 
 
 Proceedings on a inotion to infert the ; tti- 
 tionary part of tht leprtftntaiions of the 
 General Allcmbly in the minutes, rcjedlei 
 
 487 ' 
 Proceedings on choofir.g the firft Reprcfen- 
 
 tatives — 488, 480, 49 i, 493 
 
 Obfervations on the proceedings 4S8 
 
 The Duke of Hamilton and others picteft 
 
 againft tht. proceedings — — 489 
 
 William Cockran, of Kilmarnock, alfo pro ; 
 
 tefts . 4^0 
 
 Adheients to both pn. efls — 400 
 
 Obkrvations on the proceedings 401 
 
 5 <^ - Earl i
 
 7^8 
 
 N 
 
 D 
 
 E X* 
 
 Page. 
 Karl of -Cromarty protefts in favour of -ths 
 
 fliire of Cromerty 493 
 
 Thirty Reprefentativcs to Ve chofen by the 
 
 Earon<:, and 15 by the counties • 493 
 Proceedings refpefling ptrfjns eligible 494 
 Obfcrvations on the proceedings 495 
 
 Proceeding' refpcfting the reprefcnta'.ion -and 
 
 manner of eUdion _ 497» 5^4 
 
 Jares Sinclair's pro ell rerp:fling the re- 
 
 prefentation for the fliire of Caithnefs 
 
 497 
 
 Moved that the CommiiTiOners have their 
 expences allowed them, with the fums 
 allowed to each, and the money to be paid 
 out of the equivalent — 499 
 Allowance made alfo to the CommiiTioners 
 of 1702, for their expences 500 
 Proceedings on a motion againft a'lowing 
 expences to the Reprefentatives of Scot- 
 land — 5O0> "JOi 
 
 Obfervations on the proceedings 500 
 Peers to vote by proxy — 502. 
 Obfervations on the proceedings 5C2 
 Proceedings on the manrer of cle£iions, on 
 the planta'ion of Kirks, proclamation re- 
 fp-fting coin, and the A£l againft Po- 
 pery _ 504 
 
 Obfervations on the proceedings 1504 
 
 The eleftion of the firft Reprefentatives of 
 j_ of Scotland by Parliament, with the names 
 of the Peers and Commons ekfted 507 
 Obfervations on the proceedings 508 
 
 Proceedings on the fum to be allowed to the 
 Africa ! Company 511, 512, Si3>5i7 
 
 Report ol the Commit ce 513 
 
 The fum fettled to be allowed to the Atri- 
 
 can Compnny 232,884/. 55. o|(^. 517 
 
 Orders refpedi g the payment — 518 
 
 Procecdmgs on th. co n 520 
 
 Obfervations on the proceedings i;2i 
 
 The exemplification of the treaty read before 
 the Parliament of Scotland, with the Lord 
 Commiflioner's fpeech on the occafion 522 
 Obfervations on the proceedings 523 
 
 Several pejt'ons refpe£ling private rights 
 
 524 
 
 Some of the petitioners, and others, recom- 
 
 me dcd to her Majefty ■ 525 
 
 Se.e:al private Afto palled 526 
 
 Cloie of the Parliament of Scotland, with 
 licr Majelty's High Cominiflioiier's fpeech 
 
 536 
 
 Page, 
 An exaft copy of the Ai^^ of P.atilication, 
 
 with the Artcles at large 
 
 527 
 
 Copy of the excmplification under the Great 
 
 Seal of England, a> tranfmitted to the 
 
 ' Parliament of Scotland 543 
 
 Transactions subsequent io the 
 Union 675 
 
 DifpJtes on the 4th Article on taxes, cuftoms, 
 prohibitions, &c. — • — ^bj 
 
 Between the pafling of the Aft and tht Union, 
 the Scotch merchants import great i;L:an- 
 tities of wines, brandies, fait, ixc. on 
 the low Scotch Duties, in hoprri of 
 fei.dina; them to England after the Union 
 Duty-free 568 
 
 The Englifli merchants fend quantities of 
 toods, particularly tobacco, to Scotland, 
 and receive the drawback ofDuti;s, in hopes 
 of returning them to England Duty-free 
 
 568 
 
 Proceedings in the Parliament of England to 
 remedy theft abufes 569 
 
 An Aft paded the Commons, but rejefted by 
 the Lords, on a want of power before the 
 Union took pLce, to j afs luch an Aft 
 
 Thefe wines and brand/es are fent to Lon- 
 don in about 40 fhips, which art all feized 
 by the officers of the Cufloms on their arri- 
 val in the Thames — 572 
 
 The opinion of the judges taken, who vary 
 much 573 
 
 The merchants permitted to land the goods 
 on giviUji fecurity to abide the judgment 
 of the Britifh TarTiament ; thofe who do not 
 comply with it have their goods, on being 
 ferved with a writ of Divenirunt out of 
 the Exchequer 573 
 
 All profecutions flopped by a vote of the 
 Commons 573 
 
 Proceedings on fettling the Sta.e of the na- 
 tion after the Union, viz. the Cufloms, 
 Excife, the Equivalent, Petty Juftice, 
 the Forces, and the Coin 574 
 
 Public affairs left to the Pi7vy Council 574 
 
 The Foot CJuards of Scotland received as 
 Fnglifh Guard?, the coinnrand t;ivcn to 
 the Marquis of Lodiian and clothed after 
 the Englirti manner 574 
 
 Proeecdinos on fettling the Cuftoms and Ex- 
 cife 575 
 
 Public clamours againft fcizures 582 
 
 Difficulties
 
 N 
 
 D E 
 
 X, 
 
 nv 
 
 Page. 
 DIfBcuItles refpc^ing the Excife on beer 
 
 - . 583 
 
 Name? of the CommilTioners of Excife 585 
 
 Difficuliies in fettling the equivalent 58^5 
 The African Company fully paid 592 
 
 Proceedlnj'S for the fettlement of juftice in 
 
 Scotland 592 
 
 Privy Council of Scot'and difib'veJ by the 
 
 Parliament of Grejt Britain 59_j. 
 
 An Al-1 paifeti for rendering the Union more 
 
 compicat ^94 
 
 Alterations in the criminal procefs 595 
 PrcceeJin^s fo: the reform of coin in Scot- 
 land ' ■ 596 
 
 Proceedings for the reform of weights anJ 
 
 meafures - - 599 
 
 Alterations on the conftitution of Scotland 
 
 fummeJ up 6oD 
 
 Alterations en the laws 60 1 
 
 Alterations on the trade — — 602 
 
 Appendix. 
 
 Order of the Commiflioners of General 
 Aflembly for a day of prayer and fuppli- 
 cation, N°Ax. 606 
 
 A£tof tiic C :aimiuioners concerning folemn 
 prayer and humiliation — — 607 
 
 petition of the Commiflioners of the General 
 Aflembly to the Duke of Queenfberry, 
 N"Bx. - — 608 
 
 Proclamation againft tumults and rabbles, 
 N°Cx. — - 610 
 
 •Addrefs of the General Convention of the 
 Eoyal boroughs to the Lord High Com- 
 miiTionerSj >v° D x. 613 
 
 Rcafons [of the Glafgow rabble] for burn- 
 ing the Articles, 5cc. N° E x. 614 
 
 .Overture of an A£t for t!ie fecurity of the 
 church, NTx. 6j6 
 
 Reprefentation and petition of the Commif- 
 fion of the General Aflembly to the Duke 
 of Queenfberry, N* G x. — 618 
 
 Resfons of W. Wifliart againft the repre- 
 fentation and petition, N° H x. — 620 
 
 Modelt aniinaJverlions on the reafons, &c. 
 
 623 
 
 Reprefcntations and petitions of the Ccin- 
 niiffion of the General AlT.-mbly to the 
 High Commiffioner, 1S° K x. — ■ 625 
 
 Addrefs of the Prefbytery of Duniblanc to 
 Parliament, W Ljt — . 626 
 
 Page. 
 
 Addrefs of the Barons, &c. of Kirkcnbright, 
 N'Mx. _ 627 
 
 AJdrefs of the Prc%tery of Hamilton, 
 N^Nx. 627 
 
 Letter from the Comm'ffion of the General 
 Aflembly to the Prcfbytcry of Hamilton, 
 N°Ox. 629 
 
 Anfwer of the Pteflwtery of Hamilton, 
 N'Px. 630 
 
 Addrefs of the Burgh of New Galloway, 
 N^ Q_x. _ 631 
 
 Ad 'refs cf the Magiftratcs, &c. of Dum- 
 fcrmling, N". R x. 632 
 
 A Hate of the revenues and public income 
 of England, 5,691,803/. 3;. i^\d. N" S x. 
 
 636 
 
 A ftateoflhe debts of England, 17,76^,842/. 
 17;. 3UN°Tx. — 641 
 
 A flate of th- public revenue of Scotland, 
 160,000/. N° U X. — 64s 
 
 Debts due to the Army, Civil Lift, and 
 other charges of Government, about 
 160,000/. — 645 
 
 Net annual produce of the Cufloms in En<T- 
 land, 1,341,559/. Wx. 646 
 
 Duties on coals 110,958/. — 648 
 
 Proportions of the prcfent Cufloms of Scot- 
 land with thofe of England, N° X x 648 
 
 Net annual produce of the Excife on beer 
 and ale in England 677,765/. 651 
 
 Proportions of the prefcnt Excife upon li- 
 quors in Ircoiland with thofs in England 
 N°Yx 65f 
 
 Proportion of the encreafe of the Cuftoms 
 and Excife of S otland accoroing to the 
 ftating of the equivalent, Zx 652 
 
 Overture concern ng the debts of the Afri- 
 can Indian Company, N° A x x. 654 
 
 A proclamation againfl: all tumultuary and 
 
 irregiilar meetings, and convocations of 
 
 the Liedges, N'^ B x x. - 658 
 
 Memorandums for the Honourable eflates of 
 
 Parliament, N° C x x 660 
 
 Aft againft all mufters and rendezvous dur- 
 ing the prefent fitting of Parliament, 
 N"Dxx. - - 661 
 
 Lift of thofe who voted for and againft the 
 firft Article of the Union, N° F x x. 
 
 622 
 Lift of voters for and againft the proclama- 
 tion difchirging unwarrantable and ftditi- 
 ous convocations, £ x x. - 666 
 
 Threatening 
 
 5 G z
 
 jio 
 
 N 
 
 D E 
 
 X. 
 
 Page. 
 
 Tlifeatening Icitevs fcnt to the Duke of 
 QuecnfbLny in the time ot the rabbles, 
 N°G. XX. ~ 669 
 
 An Aft for fccuring t^c church of England 
 H X X. — 673 
 
 Aft fett ing tlic manner of electing the 16 
 Frers, and 45 Commoners, to reprefcut 
 Scotland, N^Ixx. — 672 
 
 Proteft of (jforge Lockhart, vefpcfting the 
 Peets, N° K XX. 676 
 
 Proteft of the Duke cf Athol refpeftin^ 
 the Peers and Reprefcntatives, N° L x x. 
 
 676 
 
 Proteft of tlie Earl of Buchan refpeftiiig the 
 
 P(ers, N'' M X X. "679 
 
 oteft of Walter Stuart refpefting the Re- 
 prefentative^, N* N x x. 679 
 
 Diilentient.- in the Houfeof Peers of England 
 to the Articles of the Union, N" O x x. 
 
 680 
 
 DifTentient to the gtli Article 680 
 
 Diflentient to the 15th Aiticle 681 
 
 Diflenticnt to the 2 2d Article 681 
 
 Proceedings and diffentients in the Houfeof 
 Lords of England on the Aft of Union 
 
 683 
 
 Petition of theO»*'ners of fliips now arrived 
 at I^ondon to the convention of Royal 
 bo OLighs, on their fhips and cargoes bein^ 
 faizcd, N' A 3 683 
 
 Addrefs of the Royal boroughs to her Ma- 
 jefty on feizing th^ fliips and cargoes in 
 the Thames which brought in goods, 
 which had not paid Duty, N" B 3. 684 
 
 The claufe propofed in the Englifh Aft of 
 Parliament to prevent French goods bein^ 
 imported through Scotland, N* C 3 
 
 686 
 
 Addrefs of the Scotch merchants at London 
 againfl pafling the bill, N° D 3 687 
 
 Obl'ervations upon the 4th Article of Union, 
 
 N^E 
 
 686 
 
 Coniniifiion and proclamation naming juftices 
 
 ot peace within Scotland N"* F 3 692 
 
 Copy of her Mjefty's CommifTion to the 
 
 juHites, N' E 3. 693 
 
 An aft for rcndermg; the Union more entire 
 
 and comp'ete, N''H3. 696 
 
 A poclamation concerning Englifh coin 
 
 N° I 3. 699 
 
 Proclamation calling in the Scots Crown, 
 
 old and new, the forty, twenty and ten 
 
 fiiillmgpiccef, to be recoined, N'K 3. 
 
 701 
 
 Articles granted to King Edward to perfeft 
 the ma' riaoe between hisfon Prince Ed ward 
 and Margaret Queen of Scots N"* i 702 
 
 Copy of the licence of pope Nicholas for a 
 marriage between Ed^^ard the fon of Ed- 
 ward the iff and Mar^rarct of Norway, 
 Queen of Scotland, N° 2 707 
 
 Copy of two letters of Edward ]. to Eric 
 King of Norway concerning the marriage, 
 N°3 __ 708 
 
 Commiflii-in appointing Commiflioners on the 
 part of Scotland to treat of the match, 
 N"4 . yog 
 
 Letter from the King of Norway to Edward 1. 
 appointing Commiflioners on his part, 
 rs 5 710 
 
 L'tter ot Edward L o>: appointing Commif- 
 lioners to treat of the Hate of the kingdom, 
 N°6 7,x 
 
 Copy of the order of Edward I. for the pay- 
 ment of 5COO marks, in arrearto the Pope, 
 for the purpofc of inducing him to forward 
 the match between his ion and Margaret 
 01 Norway, Queen of Scotland, N°8 71^ 
 
 Two other papers relating to the treaty, 
 N°9,io 71 J 
 
 Copy of a paper wrirten by Edward Ift, fhew- 
 ing tne aJvantages which would accrue to 
 Scotland from the match, alio promifing 
 them a free trade to a!! the parts of Epj- 
 land, paying the ufual Duties, N° ti 715 
 
 Proceedings of the Commiflioners appointed 
 by James I. refpefting a U-,ion, N" 12 
 
 717 
 
 Copy of a paper of the Scors Commiflioners 
 for adj afting the trade between the two 
 kingdoms, Jan. 21, 1667 71^ 
 
 Journal of the proceedings of the Coniniif- 
 fioners in 1702 728 
 
 Lord Keeper's fpeech, and the Duke of 
 Queenberry's anfwer, to the Commiflionecs 
 
 702, 729 
 
 The Queen's letter to the Commiflioners 730 
 
 The Queen's fpeech to the Commiffioriers, 
 Dec. 14, 1702 738 
 
 The Queen's letter to the Commiflioners 
 adjouMii.ig them f om Feb 3, 1702-3, 
 to Oft. 4. They never met again 751 
 
 V.
 
 N D 
 
 X. 
 
 78i 
 
 Page. 
 
 V. 
 
 Vasjalagi. Sec Su/xriori/Us. 
 
 W. 
 
 Wallace, Sir William, made Regent of Scot- 
 land - . - 46 
 
 . Is overthrown at Falkirk - 4« 
 
 Weights and meafuies regulated in Parlia- 
 nieiit at the Union - - ' 
 
 , Proceedings onlettling 167, 168, 184, 
 
 i8fa 
 
 Article XVII. Of Union refpeding, as 
 
 fettled by the Commiffioners - 203 
 
 ^——Proceedings in the Parliament of Scotland 
 in Article XVll - 297, 445 
 
 Article XVII. As fettled by the Par- 
 
 Hient of Scotland - ^i^ 
 
 . Article XVi I. As exemplified in England 
 
 .^ Proceeding for a reform of 599 
 
 Whig and Tory, their chara6tevs by Lord 
 
 Beilhaven - . 3^' 
 
 William 111. his opinion on a Union 64 
 
 . ihe letter of the convention lent to him 
 
 Wi NDOu s. Proceedings on the Duty on 
 
 Article Xl. Of Union refpeaing, as 
 
 fettled bv the Commiffioners 200 
 
 — — I'roceedings in the Pailiament of Scot- 
 land on Article v I. - 29;, j88 
 Windows. Aiticle XI. As fettled by the Parlia- 
 ment of Scotland - S32 
 
 « Article XI. As exemplified in England 
 
 549 
 
 Page. 
 
 WlSHART WiLLt AM modcratorof the Aflembly 
 and commilfion, his prudence, patience, 
 and temper - 262 
 
 Wool exported from Scotland to France in great 
 
 quantities in 1705 - Si8 
 
 . Proceedings refpcdling the exporting of 
 
 it from Scotland - 403 
 
 — — Obfervations on the proceedings 406 
 
 — — — Confiderations on taking away the ex- 
 port of - 444 
 
 A confideration of 2000.'. a year to be 
 
 made out of the equivalent 444 
 
 Worcester, an Englifh Ihip feizcd in Scot- 
 land - - 78 
 
 Captain Green, and the crew fiippofed 
 
 to have been guilty of piracy and murder 
 
 7S 
 — — Captain Green and three of his men 
 
 hanged, a fignal inftancc of a divine 
 
 Providence - 79 
 The people of Scotland exafperated, 
 
 fearing a reprieve - 80 
 
 . The people of England exafperated at 
 
 the execution - 82 
 
 Wright, Sir Nathan, Lord Keeper depofed 
 
 89 
 Writers in Scotland, fomething like attorneys 
 
 in England - 449 
 
 Writers of the fignet, pcifons by whom all 
 
 proceffes muft be figned 449 
 
 Z. 
 
 Zetland and Orkneys. Draught of an Art 
 for their diilblntion from the Crown in 
 favour of the Earl of Morton prefented 
 
 . 45 J 
 
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