A collection of original papers and material transactions, concerning the late great affair of the union between England and Scotland: Also an exact journal of the proceedings of the treaty as well at London as in Edinburgh. Wherein the privilege [sic] of the Presbyterian kirk, and the case of toleration of episcopal dissenters there, are very clearly stated. In five parts. Faithfully collected from the records and registers; by a person concern'd in the said treaty, and present in both kingdoms at the time of its transacting.

AN ABSTRACT OF THE PROCEEDINGS ON THE TREATY of UNION Within the Parliament of SCOTLAND: As also, so much of the Minutes of the said Parliament as contain Things necessary to be known on the Account of the Treaty, with several Things not Printed in the said Minutes.

With OBSERVATIONS thereon.

MINUTE I.

The Parliament Met on the 3d of October, 1706.

HER Mejesties Commission to his Grace James Duke of Queens|berry, for Representing Her Royal Person in this Session of Parliament, Read, by the Lord Clerk Register, and Or|dered to be Recorded.

Her Majesties Gift and Commission in favours of James Marquess of Montrose, to be President of Her most Honourable Privy Council, Read, and Ordered to be Recorded.

Her Majesties Gift and Commission, in favours of John Earl of Mar, to be one of the Principal Secretaries of State for this King|dom, Read, and Ordered to be Recorded.

The Earl of Abercorn Swore the Oath of Allegiance, subscribed the same with the Assurance, and took the Oath of Parliament.

Patent Creating Lord Henry Scot Earl of Deloraine Read, and Or|dered to be Recorded; Whereupon he Swore the Oath of Allegi|ance, subscribed the same with the Assurance, and took the Oath of Parliament.

The Viscount of Kilsyth Swore the Oath of Allegiance, subscribed the same with the Assurance, and took the Oath of Parliament.

Moved, That the Lord Banff, who was sometime Papist, being now Protestant, and willing to sign the Formula subjoyned to the Act of Parliament in November 1700, For preventing the Growth of Popery, may be admitted, and accordingly he having taken and signed the Formula, he thereafter Swore the Oath of Allegiance, sub|scribed the same with the Assurance, and took the Oath of Parlia|ment.

Petition Lady Mary Bruce and William Cochran younger of Ochiltrie her Husband for his Interest, against admitting of Sir Alexander Bruce to sit in Parliament in the Rank and Dignity of Earl of Kincardin, Read, Sir Alexander Bruce in Answer to the said Petition, craved that the Patent in Favours of Earl Edward Bruce of Kincardin, might be also Read, which being accordingly Read; after some Debate upon the Case, It was put to the Vote, Hear the Parties further upon the Matter, Or Admit Sir Alexander, and it carried Hear, and the next Sederunt appointed for a Hearing.

Her Majesties Letter to the Parliament, presented by Her Ma|jesties high Commissioner, was Read first by the Lord Clerk Regi|ster, and thereafter Read again by one of the Ordinary Clerks.

Her Majesties high Commissioner made his Speech to the Parlia|ment; as also my Lord Chancellor made his Speech:

And Her Majesties Letter and the said Speeches were Ordered to be Printed.

Articles of Union agreed on by the Commissioners Nominated on behalf of the Kingdom of Scotland, and the Commissioners Nomi|nated on behalf of the Kingdom of England presented and Read, and Ordered to be Printed, and Copies to be delivered to the Members of Parliament.

Thereafter Ordered, That the Minutes of the proceedings of the Commissioners of both Nations for the Treaty of Union be like|wise Printed.

Adjourn'd to Thursday 10 October, 1706.

OBSERVATION 1st.

It might be noticed here, That several Gentlemen take the Oath of Parliament, who had nor done the same before; I observe it, because it was said, that some did so particularly to Qualifie themselves to be Serviceable in this Cause, to the respective Interests they Espoused, I do not say it was so, nor do I care to distinguish Persons so much, as to put any Mark upon Names from Common Fame, every one is to Judge of that as they think fit.

The Party against the Union finding the Articles, as they were concluded at London, were concealed, or at least not made publick, gave out in Scotland, That the Scots Commissio|ners having had it in their Power to obtain most Advantage|ous Conditions from England, but having been brought basely to submit to the Arbitrary Designs of some Leading Men im|ployed in the Treaty in England, they had been very super|ficial in their Demands, and therefore durst not publish their Proceedings, till the Parliament of Scotland met, and then the whole Treaty would be rejected, which would be agreeable to others of the Commissioners of both Nations: This groundless Opinion being diffused, and believed by many of their Party of best Sense, made them easie and unactive, till too late they perceived the Queen, Her Ministers, and all Persons concerned in Adjusting that Treaty, to be in earnest, and then they turn'd the same Notion to another Use, viz. To Calumniate and Reproach the Commissioners.

The Printing the Articles also, which the Opposers of the Union afterwards boasted of as their Act and Deed, was introduced against their Design; For, at the private Meetings of those against the Union, the Question was, how to delay the Printing of the Articles, or any thing else, whereby to gain Time, till the Parliament of England should meet, which was then Prorogued to the twenty third of October; So that both Parliaments sitting together, they expected to confound the Measures for carry|ing on the Treaty by mutual Proposals, Doubts, &c. But this Project of delaying the Printing of the Articles was prevented, for the Articles being presented and read, after a long Silence in the House, Mr. Seton of Pitmedden rose up, and told the Lord Chancellor, That he found himself obliged to pro|pose the Printing the Articles, which had been read in the House, to the end the Curiosity and Judgment of all sorts of People might be satisfied, and that the not Printing might be no Argument, in time coming, for a Delay to the Ratifying of the Treaty. Which Proposal was resumed by the Lord Chancellor, and no Member opposing or seconding it, he looked upon it as Acquiesced to, and Ordered the Articles to be Printed.

Nota, The Minutes of the Treaty at London, and the Articles agreed on there, should have been insert|ed here, but they are already brought in at large, and need not be repeated. The Speech of the Lord Com|missioner also, and the Lord Chancellor, together with the Queens Letter, are Inserted in the Part immediately preceed|ing this, to which I refer; And therefore, and to avoid Repetition, they are left out here, tho' they properly belong to this Days Minute.

MINUTE II.

Thursday 10. October, 1706.

The Earl of Sutherland Protested against the Calling any Earl before him in the Rolls of Parliament.

Alexander Abercrombie of Glassoch, Commissioner for the Shire of Banff, in place of Alexander Duff of Bracco deceast, swore the Oath of Allegiance, subscribed the same with the Assurance, and took the Oath of Parliament.

Act for Settling the Orders of the Parliament House Read, and Copies thereof Ordained to be Affixed on the Doors, and other Pla|ces, according to Custom.

The Case Lady Mary Bruce, and her Husband for his Interest, a|gainst Sir Alexander Bruce of Broomhall, Called, and their Procura|tors being heard, and the Parliament having considered the Debate, it was put to the Vote, Admit Sir Alexander Bruce, or no; and car|ried Admit: (Reserving to Lady Mary Bruce, and her Husband for his Interest, their Right and Declarator before the Lords of Ses|sion, as accords.) And he did take his Place as Earl of Kincardin accordingly, swore the Oath of Allegiance, subscribed the same with the Assurance, and took the Oath of Parliament.

Adjourned till Saturday next at Ten a Clock.

OBSERVATION II.

The Earls of Sutherland and Crawford, in the Process of this Protest against each other for Precedency, produced the Noblest Documents for the Antiquity of their Families, such as very few Families in the World can Imitate.

MINUTE III.

Saturday 12. October 1706.

The Lord Oliphant Swore the Oath of Allegiance, Subscribed the same with the Assurance, and took the Oath of Parliament.

Moved, That the Articles of Union, agreed on by the Commis|sioners Nominated on Behalf of the Kingdom of Scotland and Eng|land, be again Read; And also Moved, That the Minutes of the Proceedings of the said Commissioners be likeways Read; And after some Reasoning, It was agreed, That the said Articles of U|nion should be Read; And Ordered, That all Records relating to former Treaties, betwixt the two Kingdoms, be laid on the Table, and in the Intervals of Parliament they be to be seen in the Laigh Parliament House, where some of my Lord Registers Ser|vants are to attend.

And the Articles of Union being accordingly again Read, It was agreed, That the Parliament should proceed to the Consideration of the said Articles of Union the next Sederunt.

Adjourned till Tuesday next at 10 a Clock.

OBSERVATION III.

Great Opposition was made in Parliament this Day a|gainst Reading the Articles—, and several Arguments brought by the Gentlemen on that side for Delays—, a|mong which this was one, and this the first time it was start|ed in the House, viz. The Consulting Principals or Consti|tuents, and some Gentlemen went so far, as to acknowlege the Power of a Member of Parliament was Limited by their Constituents; and that the Parliament could not lawfully De|bate, much less Determine an Affair of such a Nature as this, viz. Of Destroying the Constitution without, as afore|said, Consulting and Obtaining the Consent of their Con|stituents.

It was Replyed that,

• 1. This was not a destroying the Constitution.
• 2. The Parliament was particularly Called by Her Majesty for this End; and the Work expressed in the Proclamation for their Election, and that therefore they were particularly Elected by their Constituents for this Work, and thereby Im|powered to Debate and Conclude it, without farther Powers.
• 3. Others Argued the Positive, and Affirmed the Parlia|ment had full Power to Act on this Matter, tho' there had been no such Expression in the Proclamation.

The Debate was long, and warm enough, and began to Inform us what was to be expected; but on the whole it was carried to Read the Articles, by a great Majority: The other being taken as an Attempt to gain Time.

A Proposal was made this Day for a General Fast—, which occasioned some Debates, but was Adjourned.

And here it was very publickly observed, from what Hands the Motion of a Fast came: Some maliciously enough, tho' merrily, Noted, That the Motion of a Fast came first from those, who were very rarely observ'd either to Fast or Pray, and that now began to Talk so Religiously, that it was taken for a meer Banter.

On the other Hand it was observed, That the most Sober and Religious Members, both of the Nobility and Gentry, opposed this Motion in the House; But the Reason was evident.

The great Project just then carrying on in the Kingdom, was to Amuse the People, Possess them with Fears of some Strange Thing then Transacting, and of Impending Dangers dreadful to the Kingdom, and which they had no Remedy

to prevent, but as in great Distress, to fly to their Prayers as Mariners in a Storm—: This they thought would, of Course, be made the more Terrible by the Ministers in gene|ral, exciting the People to extraordinary Humiliations, which, whether ill design'd or no, might be ill enough Impro|ved, and the People thereby made the more Uneasy.

Perhaps also they might hope for some Indiscretion and undue Warmth in the Pulpit, especially from some Men, which they were willing to think they could influence to so much Weakness, but in this also they were disappointed.

For the same Reasons, those Gentlemen who were of the most Religious Conversation, and known to be well Affected to the Church, and to any thing that had but an Aspect of sincere Piety, were nevertheless against this Fast, as Unsea|sonable and Dangerous, and as a thing they foresaw was de|sign'd particularly to make the People Uneasy with these Pros|pects; The Debate was urged warmly enough on both sides, but at last was Adjourn'd; and so the designed Fast was put off for the present, tho' it was afterwards introduced piece meal, and all the use made of it that could be to raise the Spirits of the People, if possible, to the Disorders aimed at, as we shall see in the Sequel of this History.

MINUTE IV.

Tuesday 15. October 1706.

Warrant Granted to the Barons and Freeholders of the Shire of Fife, to meet on Tuesday the Twenty Ninth instant, to elect a Com|missioner in place of Sir Archibald Hope of Rankeillor deceast.

Moved, That according to the last Minutes, the Parliament should now proceed to the Consideration of the Articles of the Uni|on.

Moved, That the Members of Parliament may yet be allowed Eight Days further to consider more deliberatly the Articles and Minutes; and after some Reasoning, it was put to the Vote, Pro|ceed presently to the Consideration of the Articles of Ʋnion, Or, Con|tinue the Consideration thereof till the first Sederunt next Week, and it carried Proceed.

Whereupon the first Article of Union was Read; as also the Minutes of the Proceedings of the Commissioners for the Treaty, relative thereto, and Her Majesties Commission to the Commissioners for the Treaty on behalf of this Kingdom, were likeways Read; and after some Reasoning and Discoursing thereupon, the further Con|sideration thereof was Delayed till the next Sederunt of Parliament.

Adjourned till Thursday next at Ten of the Clock.

OBSERVATION IV.

Here, the Gentlemen who appeared against the Union, finding they could not carry the Point, as Debated the last Day, Moved for a Delay of but Eight Days; and several Ar|guments were offered, to obtain so short a Delay.

But in this, they lost several of those who Voted with them before, and who seeing the Vote of Consulting Consti|tuents Rejected, could not be convinced of the Advantage of eight days Delay; and this made it seem more particularly a Design only to Delay.

Whereupon the Question being put, it was carried by a great Majority; And this was the first Tryal of the Strength of the Parties, and the first encouraging Proof that the Union would go on: The Majority on this Vote was sixty four, but the Names having not yet been Ordered to be made pub|lick, it was not known who were on one side or the other.

Before this Vote was put, it was also Debated, whether this Reading of the Articles, should be in order to proceed upon them to a Vote. And here again the Gentlemen had their Turn of Advantage, nor was there any great Oppositi|on; for those who were for the Union; were yet willing to have it fully Debated, and all things for its better Explana|tion understood; and were content to have it as thorowly Ex|amined as they pleased, and therefore gave their Votes freely for a general Reading.

The other Gentlemen who were only pushing at Delays, and striving to gain Time, thought they gain'd a great Point in this, and therefore with all their Interest they push'd at a general Reading only, which was presently agreed to, viz. That the Articles should be Read and Discoursed of in this Parliament; but that none of them should be Voted, till all was Read over and Considered.

Upon the above Debate, and concluding only to Read and Discourse, the first Article of the Treaty was Read publickly, but the Reading of the Commissions and Minutes, taking up a great deal of Time, there was not much Discourse in the House at that time, for the great Affair now in Agitation, was to stir up the People without Doors, and bring them ei|ther by Clamour, Tumult, or Tumultuous Addresses, to de|clare a general Dislike both of the Union in General, and of the Articles in Particular; And at this time they began to Threaten from without Doors.

The Streets and Doors were exceedingly Throug'd this Day in expectation of the Event, the People expecting igno|rantly to hear whether the first Article was Voted and Ap|proved, or Rejected; and when some Body came out and

said Unwarrily the first Article was not Voted, it run thro' the Town, that it was Rejected; And the Mob, who ap|peared now to be Managed by some Gentlemen, began to Shout, and People apprehended the Union had been Voted against in the General, but they were Discovered too soon by this, and it was presently understood, that the Article was only Discoursed of and the Discourse Adjourned too.

The next day the Minutes being Printed, the Minds of the People were a little Cool'd, when they saw the House went on so deliberately, and that nothing was to be Voted, while all the Articles were Read over and Considered.

MINUTE V.

Thursday 17. October, 1706.

Address of the Commission of the late General Assembly of the Church of this Kingdom, for Establishing and Confirming the true Protestant Religion, and Government of the Church, as by Law, Established therein, Read; And thereupon the Parliament De|clared, That, before Concluding the Union, They would take the said Address to their Consideration, and would do every thing Ne|cessary for Securing the true Protestant Religion and Church-Go|vernment, presently by Law Established in this Kingdom.

Dispensation granted to Inferior Courts to sit, notwithstanding of the sitting of the Parliament.

The Parliament proceeded to the further Consideration of the Articles of Union, and the second Article thereof was Read; As also the Minutes of the Treaty relative thereto; and the Act of the Parliament of England in the first Year of the Reign of Their late Majesties King William and Queen Mary, Intituled, An Act De|claring the Rights and Privileges of the Subjects, and Settling the Suc|cession of the Crown, were likeways Read, and were thereafter Rea|soned and Discoursed upon.

The Third Article Read.

And thereafter the Fourth, Fifth, Sixth, Seventh and Eighth Ar|ticles were all severally Read, with the Minutes relative thereto, and were all Reasoned and Discoursed upon.

Adjourned till Saturday next at Ten a Clock.

OBSERVATION V.

The Commission of the General Assembly having sate from the 9th Instant, had been in several warm Debates about the Matter, in what manner they should behave themselves in this Juncture: Some Hot Gentlemen had given them Di|sturbance

enough about the Matter of the Fast, and with|out Doors it was Reported, they would Protest against the Union.

But the Generality being Governed by more Temper and Moderation than some People hoped for, all things went on there peaceably, I mean, as to their publick Resolutions; And the Address to the Parliament was conceived in as Mo|derate Terms as could be expected, and is at large Printed in the Appendix, N. B*.

The Answer to it was also satisfactory enough—, in that they declared, they would go upon the Address, before any thing was concluded; It was however warmly pressed in the Parliament, That the said Address should be immediately entered upon, before they went on upon the Union—; But this, as another Advantage design'd for Delay, was check'd, and the Answer in the Minute agreed upon.

Great Pains was taken also at this time, to make the Commission of the Assembly uneasy at this Answer, as not satisfactory; Jealousies were fomented, and Suggestions whis|pered about from one to another, as if the Parliament de|sign'd to postpone the Affairs of the Church to the last, and so perhaps drop them at once: This obtained but too much, and being put forward by warm and uneasy People, grew higher and higher, and help'd on the Inflammations which unhappily follow'd.

The subject of the First Article, tho' not Named in the Minutes was also re-assumed in the Discourses of this Day, and several Arguments against the Union it self, as an Incorporating Uni|on, were brought, in order to prove it Impracticable, Incon|venient, and Disadvantageous to Scotland; And therefore, that they ought rather to proceed upon the Consideration of the general, before they went on to the particular Articles.

This however was only Discoursed, and the Reading the several Articles having been already Approven, they pro|ceeded to the Reading the rest of the Articles, as in the Minutes.

In the Reading the Second Article, the English Act of Parliament for Limiting the Succession, &c. was Discoursed on, and much was said about the English Limitations; and some People that had been of another Mind formerly, seem|ed to discover an Inclination of coming into the Succession with Limitations, and began to enter into the Matter of Li|mitations; But this being remote to the Work was dropt for the present, and we shall meet with it again in its place.

The Third Article also relating to Uniting the Parlia|ments of both Kingdoms was Read, and some took the Li|berty to Jest with it as a Chytherical Calculation, and that they had no Power to Alter the Representative of the Nati|on, that Scotland could not Consent to be Govern'd by any

other Representative, than they were now; And that, if the Parliaments were to be made one, Scotlands whole Par|liament ought to be joyned to the English Parliament, and that Scotland ought no more to Abridge her Representative than England, and the like.

But the Unreasonableness of this was urged from the Dis|parity, in Extent of the Country, Number of People, and Proportion of Taxes, of which hereafter.

The Five Ensuing Articles being all upon Privileges of Trade, Excises and Customs, the Discourses were very gene|ral on both sides, and those things seem'd referr'd to more Debates afterwards: All that was said of those things now, seem'd rather to tend, if possible, to perswade the People in general, that the Union was Impracticable, that Scotland could not come into the Taxes, and that the Equalities talk'd of, would ruine their Trade and starve their Poor.

Without Doors, strange Use was made of these Articles of Taxes, and the People were made to believe, their Salt, their Malt, their Beer, their Fish, would all be Loaded with Insupportable Taxes, and their whole Trade should be ruin'd, their Houses plunder'd for Taxes, and their People starv'd; And no Man that shall see, with what Frightful Apprehensi|ons the poor People were possest, will any more wonder, they were so easily brought into Tumults and Disorders—.

Nota, This Day there were strong Rumours about the Town, of the Mob coming up to the Parliament, to demand, That the Crown and Scepter of Scotland should not be given up, and carryed away to England.

This was the Effect of some Popular Speeches let fall by those Gentlemen who opposed the Treaty, and industriously spread about the Town a Report, That the Sovereignty of Scotland was to be Subjected to the English; And the poor|er Sort that understood less, had the same Thing in other Words, viz. That the Crown of Scotland was Betray'd; That it was to be carryed to England, and never to be seen here more. Of which see at large in its place.

The House, however, took no Notice of this yet, as being a Rumour only, tho' the Members were not without Apprehen|sions, That it might rise to a greater Height; And that they might come to be Insulted, even in the House, as indeed was afterwards very probable.

MINUTE VI.

Saturday 19. October 1706.

Minutes of the last Sederunt Read.

The Parliament proceeded to the further Consideration of the Ar|ticles of Union, and the Ninth, Tenth, Eleventh, Twelfth, Thir|teenth and Fourteenth Articles were all severally Read, with the Minutes of Treaty relating thereto, and were all Discoursed on.

The Fifteenth Article of Union was likeways twice Read, and Discoursed and Reasoned on; as also, the Minutes relative there|to: And after some Reasoning thereon, there arose a Debate about the Calculation of the Equivalent of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings therein-mentioned, which was adjourned till the next Sederunt of Parliament.

Adjourned till Tuesday next at Ten a Clock.

OBSERVATION VI.

The Calculations of the Ninth Article were a little Exa|mined, but appeared so just, and the Equalities so well Stat|ed, That there was no Room to object; For the Cess being but the same upon Scotland as before, there could nothing be said, why they should not go into Measures for carrying on any joynt Expence, which, in Time to come, the United Body should see Cause to put the Whole to.

And this was the first Visible Explication of the Doctrine of Equalities, and a Proof that Equalities consisted in Pro|portions, of which more hereafter: Some People, to serve the Designs now on Foot, had made the Ignorant People be|lieve, That, by Equalities, would be understood a Numerical Equality, and that Scotland should pay in every Thing just as the English did—; This did therefore a little serve to open the Eyes of Considering People and let them see, that the Treaty had been founded upon something of Justice; For, by this time, it had been Represented as a Strange many-Headed Monster, that had nothing but Mouths and Teeth, and Unfathomable Gulphs to Devour and Destroy the People.

The Five Articles between the Ninth and Fifteenth re|quir'd little Debate, since they consisted only of Negatives, and Provision made for Scotland against payment of any of the Duties then Levyed in England by the Stamp-Office Tax, Glass-Window Tax, and the several Duties on Coals and Malt, together with Exemption from any of the Proportions of Cess as above for the first Year—; Only, from these Ar|ticles,

some Gentlemen took Occasion to remind them of the Necessary Care taken by the Treaters, to Exempt Scotland in all Cases from such Burdens, as they found them unable to bear, and which absolute Necessity did not oblige them to subject her to, and in such Cases to receive Equivalents, for what ever they were oblig'd to come into by the Necessity of Trade.

But the Ferment was now grown high, and these Dis|courses had little Signification, the People being Unhappily Prepossess'st beyond the power of Convictions.

The 14th Article occasioned long Discourses, both within Doors and without, and a great many ill natur'd Things were said on both sides, the Matter of an Equivalent had not yet been Examined much into, and the Reason, Nature, and Necessity of it, had gone but a very little way into the Un|derstandings, even of the Gentlemen themselves. The Trea|ters also here met with some Indecencies, and the Reflections made on them, had such an Effect in publick, as had they not met with some Check, might have been personally Mischie|vous to them, as to the partacted Abroad; see Fol. 28 of the next precedent part. Within Doors they met with some very unkind Reproaches, as if they had not made due Provisions for their Countries Necessities, had consented to Intolerable and Un|just Burthens, and had Mock'd them with the Notion of an Equivalent, which did not lessen the Burthens upon the Na|tion their payment being to be Levied where it could not be paid; and then repaid again where it was not Levied.

To make good these Charges, they pretended to make Calculations upon the Proportions of the said Equivalent and some indeed brought in their own rough Draughts of Dis|proportions, whereupon it was Moved, That the House should enter upon more exact Calculations, and Examine the matters of Fact. Of which see the next Minute.

MINUTE VII.

Tuesday 22. October 1706.

The Debate anent the Calculation of the Equivalent of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings mentioned in the Fifteenth Article of Union, resumed; and after some time spent thereupon, It was agreed to Nominate a Committee of Three Persons of each State to Proceed and Examine the Calcu|lation of the said Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings, and to Report to the Parliament, and the next Sederunt of Parliament appointed for Nominating the said ••ommittee.

Thereafter several Paragraphs of the said Fifteenth Article were again Read, and further Reasoned and Discoursed on.

The Sixteenth and Seventeenth Articles were also Read, and the Minutes relative thereto, and were Reasoned upon.

The Eighteenth Article and the Minutes relative thereto were likeways Read, and after some Discourse and Reasoning thereon, The further Consideration of the said Article was delayed till next Sederunt of Parliament.

Adjourn'd till Wednesday 23 October 1706.

OBSERVATION VII.

The Debate of the Equivalent grew higher this day than before, and the Fifteenth Article was the Subject of a great Deal of ill natur'd Discourse in the House; From without there was a very Terrible Clamour, and the Humours of the People being brought as it were to a pitch, but too much appeared to Correspond with some thing visible within Doors. Several very unkind Reflections were made upon the Treaters, not upon their Judgments only, but upon their Integrity, as if they had been less just to their Countrey, than consisted with the Trust Reposed in them.

The Gentlemen on the other hand defended them|selves as calmly as they could, and endeavour'd to clear up the Objections made to the Justice of their Proceedings, offered to Examine the Calculations, and Answer any thing that could be objected: But the House grew too much out of Temper to talk much of it then, and the Prudence of the High Commissioner; in order to Calm Things; and keep them as Easy as possible, prevented its running Higher at that time—. The former Proposal was Reassumed, viz. To refer it to the Examination of a Committee; And the House was Moved to Name the Committee.

Upon this Motion; it was again Moved; That none of the Treaters should be capable of being Named to the said Committee—. This, tho' it look'd, as if the Committee were to be a Jury upon the Treaters, to Examine their Con|duct, yet the Gentlemen unanimously agreed to; And the Choosing a Committee was Approven, who went thorow the Calculations, and gave in such exact Accounts of Things, as abundantly cleared up the Reputation of the Commissioners.

It was also Moved, that to Assist the said Committee, Two very able Accomptants; or Arithmeticians should be found, to Examine the Calculations; one of which was Dr. James Gregory; Professor of the Mathematicks in the College of Edin|burgh; The other was Dr. Thomas Bowar, Professor of the Ma|thematicks in the College of Aberdeen.

The Sixteenth and Seventeenth Articles about the Coin, and about Weights and Measures, occasioned little or no De|bate.

The Eighteenth Article had indeed some Discourse upon it, as what should, or should not be Alterable by the Parlia|ment of Great-Britain, and some Gentlemen were for Establish|ing all the present Laws, without Alteration; A thing no Nation in the World practises, since Circumstances of Nations Altering, may always make it Necessary to Alter, Amend, Re|new, or Repeal the Laws and Usages of a Nation:

And the Distinction in the Article it self, was such, as few could object, viz. That no Alteration should be made in the Laws, respecting private Rights, except for the evident Ʋtility of the Subject within Scotland. This therefore, seemed to Ex|plain the true Meaning of the Article in that Point; yet the other part of the Article about the Laws of Publick Right, Policy, and Civil Government, being made the same thro' out the whole United Kingdom; this occasioned long Dis|courses, and held the House so late, that they thought fit to Adjourn it till the next Sederunt.

MINUTE VIII.

Wednesday 23 October 1706.

The Parliament, conform to the Minute of the last Sederunt, Pro|ceeded to Elect the Committee for Examination of the Calculation of the Equivalent of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings. And the Three Estates Sepa|rated to their usual Places, Returned and Reported their respective Elections, and the List of the Committee is as follows; Of the No|bility, The Marquess of Montrose Lord President of the Privy Coun|cil, the Duke of Argyle and the Marquess of Tweeddale; Of the Commis|sioners for Shires, Sir Alexander Campbell of Cesnock, George Baillie of Jerviswood and John Hadden of Glenagies; Of the Commissioners for Burghs, Robert Inglis, Lieutenant Colonel John Areskine and Hugh Montgomery, and the Committee was appointed to meet in the Inner-Session House the first Interval day of Parliament, at Ten of the Clock in the Forenoon.

Thereafter the Eighteenth Article of Union was again Read, and upon Reasoning thereon, It was Moved, That the Enlish Laws concerning Regulation of Trade, Customs and such Excises, to which this Kingdom by virtue of the Treaty, is to be lyable, be Printed for Information. Moved likeways that it be Remitted to a Committee to Consider the several Branches of Our Trade as to Ex|port and Import, with the English Laws and Book of Rates in Re|lation thereto, with the Customs and Excises thereof, for the Satis|faction of the Members of Parliament thereanent, and to cause Print such of the Acts of the English Parliament concerning the same as

they find expedient, or to Report to the Parliament; and after some Debate on these Motions, The further Consideration thereof was delayed till the next Sederunt of Parliament.

Adjourned till Friday 25 October 1706.

OBSERVATION VIII.

This was the Fatal Day of the Tumult in the Streets, and the House was no less warm within, proportionably speak|ing, than the Gentlemen were without, all which had its Share in Agitating the publick Confusions: I am far from saying, That the Arguments used within Doors, occasioned the Rabbles, but the Improvement a Party without Doors made of them, and the manner in which things now said in the Parliament were Represented without, concurr'd to encrease the Ferment of the Nation.

The Discourses on the Eighteenth Article were now car|ryed on with great Warmth; Many long Speeches were made this Day, too long to be set down here, but tending all to this, That Scotland ought not to subject themselves to Duties of any sort, before it should be known what such Duties were; That no Laws of Customs or Excises should take place, and that it could not be proper to allow the several Laws of Excise or Customs in England, till it was first calculated and agreed, what Customs and Excises Scot|land was to pay—; Then the Discourses on the paying Equalities of Taxes being re-assumed, some took Occasion to make Reflections again on the Treaters, for subjecting their Country to Taxes, which first they alledged they did not understand, and secondly they were not able to pay.

The Reproaches cast upon the Treaters, the ill Behaviour of some Members, and the Indecencies shown in these Cases, were so Universal, that even Her Majesties High Commissio|ner did not escape, but was very ill used, which neverthe|less His Grace with a great deal of Temper suffered, without any Disorder, preferring the publick Peace to all his private Resentments; And by this Prudence pre|vented those who desired to have things Exasperated, and hoped to see the Resentment of the Government run up first, that they might have something to pretend for the Irregula|rities which follow'd.

It may also be observed here, That the Printing the Eng|lish Laws, Books of Rates, Excises and Customs, which it was very certain would not be understood here, and from which a thousand false Suggestions would every day be raised, whence few People could Answer, was a Design calculated for a great many Ends, which were to be Answer'd in the future Proceedings, and of which we shall hear more hereafter.

A Committee was Nominated also for this Work, and thousands of Difficulties were continually raised in the Mouths of the People, to Expose the Treaty, and Exasperate the People, such as, That the Tax upon Salt was Intolerable, and that it would Destroy the Fishery, and the Poor were Represented to Subsist so much upon Salt, as if it had been one of the greatest parts of their Food.

The Excise on Beer, Ale, &c. was Represented as Insup|portable, and great Pains were taken to prove, that the Eng|lish paid 4 sh. 9 d. per Barrel upon their Table Beer; and that the Scots Small Ale must pay equal Excise to the English Strong Beer; And this was publickly Printed in the Streets, on purpose to Enrage the People.

It was in vain to offer Calculations on these Heads—; And tho' it was, by the Author of this Work, proved by di|rect and positive Demonstration, that the Excise of their Ale could, in Proportion, pay no more than it did now, even by the Calculation of the English Excises; And that the Expence of Salt, in any House in the Kingdom, could not rise to above 20 d. per Head per Annum, yet it was in vain; all Calculations of this sort were ridiculed and exposed as false and partial, and the Author maltreated in Print for his Essays on those things, as an Enemy to the Country, and in order to expose him to the Fury of the Rabble, which had particu|larly mark'd him out for Destruction, in the general Commo|tions which follow'd.

But all these Calculations appeared afterward to be right, as in their place will more particularly appear.

However, the whole Debate of this Day could not bring them over the Eighteenth Article, the farther Discourse of which was, as per the Minute, adjourned, and what inter|rupted it further, you will see in the next Days Work.

The Salt was an Argument People stuck very closs to, and strove to make it Popular; For the Poor seemed to be con|cerned in it, and those that espoused it, whatever their Ends were in espousing it, they always made the Relief and Ease of the Poor the main Argument: This was Taking and En|gaging with the Common People, and as much Use was made of it, as if the Salt had been a principal part of their Food, and the Duty so great, that the Poor must have been starved, if they had payed it—; The Debate, however, had this Effect, that it brought the Parliament to enter into the Consideration of Amendments and Exemptions, which they particularly settled in this Affair, and which the Parliament of England easily came into, as will appear in its place.

MINUTE IX.

Friday 25. October 1706.

The Lord high Chancellor Represented to the Parliament, That he was directed by the Lords of Her Majesties Privy Council, to Acquaint the Parliament, That upon occasion of a Rabble and Tu|mult that happened in Edinburgh upon Wednesday Night last, by which several Members of Parliament were Threatned and Insulted; The Privy Council had, for the Security of the Members of Parlia|ment and Peace of the Town, brought in a part of the Foot Guards to the Town of Edinburgh, and had issued forth a Proclamation against such Tumultary Meetings, in the Terms of several Acts of Parliament.

Whereupon, and after some Reasoning, a Proposition was made in thir Terms, That the Estates of Parliament being sensible of the Care and Concern of the Lords of Privy Council, to Suppress the late Tumult and Mob, and to secure the Safety and Quiet of the Parlia|ment, That therefore they should Return to their Lordships the Thanks of the Parliament, and should Recommend to my Lord high Commissioner and the Privy Council to continue their Care for the Safety and Security of the Parliament, and the Peace and Quiet of the Town; which being Read,

After some Discourse thereupon, It was Moved, That the Procla|mation of Privy Council should be Read, and the samen being ac|cordingly Read, the Earl of Errol Lord high Constable gave in a Protestation in the following Terms, That he for himself, and in Name of such as should Adhere to his Protestation, protested, That the continuing of standing Forces within the Town of Edinburgh, and keep|ing Guard with them in the Parliament Closs, and other places within the Town the time of Parliament, (as at present is done) is contrary to the Right of his Office as high Constable; by which he has the only Privilege of Guarding the Parliament without Doors, as the Earl of Marischal has within Doors, and is an Incroachment on the Rights and Privileges of Parliament, and on the particular Rights and Privileges of the Town of Edinburgh; and if any Vote shall pass contrair to his said Right, or the Right of the Earl Marischal, or Rights and Privi|leges of Parliament, or the Town of Edinburgh, That it shall not in any time hereafter prejudge the same, or be any ways drawn in Conse|quence; And he desired the said protestation to be insert in the Minutes, and Recorded in the Books of Parliament; Which Pro|testation being Read, the said Earl of Errol did take Instruments thereupon, and the Duke of Hamiltoun, Duke of Athol, Marquess of Annandale, Earl Marischal, Earl of Wigtoun, Earl of Strathmore, Earl of Selkirk, Earl of Kincardin, Viscount of Stormount, Viscount

of Kilsyth, the Lord Semple, the Lord Oliphant, the Lord Balmeri|noch, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil, and the Lord Kinnaird, George Lockhart of Carnwath, Sir James Foulis of Collingtoun, Andrew Fletcher of Saltoun, John Brisban of Bishoptoun, Mr. William Cochran of Kilmaronock, John Steuart of Kinwhinlick, John Grahame of Killearn, James Grahame of Bucklyvie, Robert Rollo of Powhouse, Sir Patrick Murray of Auchtertyre, John Murray or Strowan, Sir Thomas Burnet of Leys, Alexander Gor|don of Pitlurg, James More of Stoniewood, Mr. Patrick Lyon of Auch|terhouse, David Grahame of Fintry, James Ogilvie younger of Boyn, Alexander M'gie of Palgown. Mr. James Dumbar younger of Hemp|rigs, George Mackenzie of Inchcoulter, Alexander Robertson, Alexander Edgar, Alexander Duff, Francis Mollison, Robert Kellie, Mr. William Sutherland, Archibald Shiells, Mr. John Lyon, Mr. John Caruthers, George Home, Mr. James Bethun, John Bayne and Mr. Robert Frazer adhered thereto.

And after some further Debate upon the said Proposition, a Vote was stated Approve thereof or not. But it being Objected, That the same consisted of Two distinct Articles, The one Approving what was done, and the other Recommending to the Privy Council, to continue their Care, which ought to be separately Considered and Voted; The Vote was thereupon stated, Whether the Proposition should be Voted Joyntly or Separately.

But before Voting, upon a Motion made by the Commissioners for the Town of Edinburgh, It was agreed to, That it should be but prejudice of the said Town of Edinburghs Rights and Privileges by their Charters.

Then the Vote was put Joyntly or Separatly, and it carried Joynt|ly.

Thereafter the Vote was put Approve of the Proposition or not, and it carried Approve.

Adjourned till Munday 28 October 1706.

OBSERVATION IX.

This whole day was a meer Interruption to the Reading of the Articles, and the House was employed wholly on the Affair of the Rabbles.

The Lord Commissioner having found the encrease of the Mob come to such a Degree, as that the whole City was in Danger, and indeed the whole Constitution would otherwise have been Exposed; His Grace ordered the Guards to enter the City about One of the Clock in the Morning, to assist the Magistrates, by which means the Tumult was Appeased, and the Rabble dispers'd; some of the Rioters had been seized and secured, and the Souldiers kept Post in the City all that Night, the ensuing Day and the Night, and part of this Day, without being Relieved, tho the Weather was exceeding Cold.

The Council had the Day before, Ratified what the Lord Commissioner had done, and it was not doubted but the Par|liament would do the same; the absolute Necessity of such a proceeding, being, as was thought, enough to satisfie any Body who was not for having the Civil Authority subjected to the Insolencies of the Rabble.

But People were strangely surprized, when they saw this strenuously opposed in the Parliament; and had it not been carryed by a Majority in the House, the Consequences must have terminated in a second Rabble, more Fatal and Furi|ous than the first.

The Marquess of A—le was the first Man who made Objection against it, and pleaded, That it was an Encroach|ment upon the Liberty of Parliament, and taking away their Freedom of Speech; That it was Awing the House with Souldiers, and bringing upon them Arbitrary Government; and several Speeches were made to this purpose, in which one Noble Person said, He could perceive the Difference al|ready in the Votes of the House, and that the Influence of the Souldiers had Altered the Matter.

These were hard Sayings indeed, and it was thought a hard Point, that People should call the being subjected to an Un|govern'd Rabble, Liberty of Parliament, and the Clamours of the Mob, Freedom of Speech; It was plain, if the Guards were not brought up, the Members of Parliament would be Aw'd, and the Treaters Massacred by the Mob; and to place Guards to Suppress Tumults, and Restrain the Head-strong Multitude, was very far from Awing the Parlia|ment; it being also apparent, that this Guard was intirely Subordinate to the Commands of the Parliament, and were placed to Maintain, not Infringe the Liberty of Speech they spoke of; That no Man could be Influenc'd by Men set on|ly to keep the Peace, and disperse Rabbles, and in a Case when it was apparent to all the World, the Necessity was such, That, unless those Rabbles were suppress'd, the Par|liament could not sit at all, nor the Business they were Assembled for be Debated.

The Opposers, however, maintain'd the Dispute a long time; but when they came to the Question, it was appa|rent, a great many of their Friends, in other Cases yet, were so convinc'd of the Necessity of this, That they Voted against them, and so the Actings of the Lord Com|missioner, and also of the Council, were Approved, and the Thanks of the House Ordered, as in the Vote.

The Protesters are Named in the Minute, as above; And this, I think, was the first Protest made in Parliament, upon the Affair of the Union.

This Debate, of Course, put off the further Consideration of the Eighteenth Article of the Union, which was the Work of the Day.

There was great Struggling in the House, on Pretence of the Infringing the Privileges of the City of Edinburgh; But the Magistrates having declared themselves satisfied in the Necessity of the Case, and the Impossibility of Keeping the Peace without this Method, that Debate was also couch'd in the Protest as above, and every Body acquiesc'd; The Guards continued in their Posts, and the respective Regi|ments Reliev'd one another with Beat of Drum, as is usual, but the Effect was only Keeping the Peace; No Violence was offered to the Parliament, neither were any Souldiers plac'd at the Door to Awe the Members, much less was any denyed Enterance, or any other Person Access to them, as on other Occasions—; But the Parliament was perfectly Free, Open and Uninterrupted, the Souldiers were a Guard to them, but not a Guard against them, and it was not in the Power of any Person to say, he received the least Affront from them: Indeed the Souldiers appeared wholly Uncon|cerned in any part of the Affair, they only Executed the Office of a Guard to preserve the Peace, and keep the Government from being Insulted.

And in this peaceable Behaviour of the Souldiery, consisted a great deal of the Success of the Treaty, for this took away all pretence from a party of Men, who aim'd at, and sought for some such Irregularity to complain of, in or|der to have Protested against the Parliament, as under Re|straint, and so having a legal Objection against the Proceed|ings as not Acted in a Free Parliament.

This was a Disappointment to a certain great Person, who proposed a Protest against this very Thing, as an Act of Vio|lence, and so leaving the House as a Body, pretending they were under the power of the Army; But the Souldiers being so Ordered, as to behave themselves quietly, and only taking Post as a Guard to the City, to preserve the publick Peace; the Doors of Parliament being always free and Uninterrupted, those People were Defeated; and even their own Friends, whom they proposed it to, refused them, acknowledging they could not sustain the Allegation.

I think it is very necessary to be particular in this case, be|cause I know great Clamours were made, as well in England as in Scotland, as if the Souldiers, who upon this extraordinary Occasion, were brought into the City, and who did indeed keep Guard in the Parliament Closs, were an Awe and a Ter|ror to the Parliament, and that consequently it was not a free Parliament.

MINUTE X.

Munday 28. October 1706.

Minutes of the last Sederunt Read.

Thereafter the Parliament proceeded to the Consideration of the Articles of Union, and the Eighteenth Article was again Read, and further Discoursed on.

Thereafter the Nineteenth, Twentieth, and Twenty First Articles were Read, and the Minutes relative thereto, and the further Con|sideration of these Articles delayed till the next Sederunt of Parlia|ment.

Adjourned till the Morrow at Ten a Clock.

OBSERVATION X.

The Debate of the Eighteenth Article came now on, but the Disturbance and Hurry was such upon all Mens Minds, that there was very little Discourse, but what ran all into the pub|lick Matters, as of the Tumults, the Guards, &c.

About this time, the Rumours of the Uneasiness of the People in the Countrey began also to Encrease, and the Par|liament was daily Threatn'd with Insurrections and Mobs from Abroad; but nothing appear'd publickly yet.

MINUTE XI.

Tuesday 29 October 1706.

The Nineteenth Article of Union was again Read, as also the Twentieth and Twenty First Articles, and were severally Reasoned on.

Thereafter the Twenty Second and Twenty Third Articles were likeways Read, and the Minutes relative thereto, and after some Reasoning thereupon, The further Consideration of these Articles was delayed till the next Sederunt of Parliament.

Adjourned till the Morrow at Ten a Clock.

OBSERVATION XI.

Nothing Material was offered in the Reasoning upon these Articles, there was some Debate upon the Proportions

of Members for the Parliament of Britain, and some Sugge|stions, that Scotland ought to Retain her whole Parliament; But those that Opposed it, did not think fit to Enter much into the Dispute of that Point, till the Second Reading of that Article.

MINUTE XII.

Wednesday 30. October, 1706.

The Twenty Second and Twenty Third Articles of Union were again Read, and further Discoursed on.

Thereafter the Twenty Fourth and Twenty Fifth Articles of U|nion, and the Minutes relative thereto were also Read, and seve|rally Reasoned on.

Act Adjourning the Session till the First Day of December next, Read, and a first Reading Ordered to be Marked thereon.

Adjourned till Friday next at Ten a Clock.

OBSERVATION XII.

This Day Ended the First or general Reading of the Ar|ticles; And these last Articles being such, as would be Necessary, or not Necessary, as the General Treaty Succeeded, or not, there remain'd no Occasion of Debate on this Reading, since they were not now to be Approved or Voted.

MINUTE XIII.

Friday 1. November 1706.

Moved, That the Parliament now proceed to the further and more particular Consideration of the Articles of Union, in order to Approve them or not, and to begin with and Read the First Article.

Moved also, That the further Consideration of the Articles of Union be yet delayed for some considerable Time, that the Senti|ments of the Parliament of England thereanent be known; and that the Members of Parliament may Consult these whom they Re|present; And after some Debate on these Motions, The follow|ing Petitions and Addresses were presented, viz. One by some of the Barons, Freeholders and others Subscribing the same within the Shire of Mid-Lothian, another by some of the Barons, Free|holders

and others Subscribing the same, within the Shire of Lin|lithgow, and three by some of the Barons and Freeholders of Perth Shire Subscribing the same, all against Allowing of an Incorporate Union with England, and all Read and Discoursed on; And there|after the Debate for Delay, on Account of Consulting of those whom the Members Represent, and of knowing the Sentiments of the Nation, and the Procedure of the Parliament of England, was let fall, and agreed, that the First Article of Union should be Read, but that it should be intire, next Sederunt of Parliament, to Debate, whether or not the first Article be Concluded, by Approving there|of, or not, Or, if the Parliament may not, before Concluding there|of, Begin with and Conclude any other of the Articles, and ac|cordingly the First Article was Read.

Adjourned till the Morrow at Ten a Clock.

OBSERVATION XIII.

The great Question came now to be Determined—, Whether they should go upon the Treaty, or no.

Those that opposed it, would not directly Argue against Reading the Articles at all, & so at once Reject the Treaty; But they began to start a new Scruple, viz. Why should it be put upon the Parliament of Scotland, to Determine first upon the Treaty? Why should not England, where the Treaty had been Form|ed, and where their Parliament was now to Sit in a few Days; Why should not they first Signify their Consent to the Treaty, and then the Parliament of Scotland might Consider, whether they could joyn with them upon the Terms, YEA or NO?

This occasioned great Disputes, and many Speeches were made, endeavouring to shew the Reasonableness of having this Matter first Determin'd in England.

It was among other things offered as a sufficient Argu|ment, That, as it was the Queens Prerogative to Call Parliaments, to Appoint and Limit their Sittings, and to pro|pose to them any Matters as the Subject of their Meeting, which they should Consult about, not Exclusive of what they should think fit to Debate themselves, Her Majesty had Determined which Parliament should begin upon the Ar|ticles, by Appointing this Parliament for that End, and had particularly Recommended this Matter to them, and that therefore they ought to go about it.

That the Priority was a Dispute of no Consequence at all, and that they had all the Liberty in the World to Pass or not Pass, Approve or not Approve of the Treaty now, as they should have then; That, if there was any Difference, the Honour was done to Scotland, in putting the Treaty first into their Hands, as the Principal Persons, who were supposed to have Objections to make, and that they might

be made intirely easy, in every Thing that was Material, to their Satisfaction.

Notwithstanding all this, they renewed the Debate, and brought it to a Motion in the Parliament, as appears by the Vote, in which they also added the former Suggestion of Consulting their Constituents; And some Members alledg|ed, they had express Directions from their Principals, and the Countries they Represented, Restraining, and positively Obliging them, not to Enter upon the Treaty.

This brought Things to a great Height, and some Mem|bers, as was said, began to Talk of Protesting, and Leaving the Parliament, but they had more Wisdom than that came to—; They indeed very earnestly press'd this Motion, which was in short to Obtain a Delay, and that made them fly from one Argument to another.

Together with their Arguments, and to Second their Pro|posal of Consulting Principals, they brought in Addresses from the several Places mentioned above, and vehemently urged, That it appeared by them, that it was the Sense of the People, that the whole Nation was against it, and that they ought not to Poceed without their Assent.

Here it was Noted, That the Address from Mid-Lothian was Signed by not above Twelve of the Gentlemen, or there|about, tho' there were above Two Hundred Gentlemen in that County; And that therefore it seemed the Argument, of its being the Sense of the Nation, must be very ill Grounded.

At length they dropt the Debate, and obtained the pre|vious Question, viz. That the Parliament should immediately proceed to Reading the Articles.

But then a new Project was set on Foot; and it was an odd thing to see, that after a long Debate whether the Articles should be Read at all or no, it occasioned another Question, and no small Debate upon it, which End of them they should begin at.

When they had gotten over the Question as before, for Reading, they fell out which Article they should Read first; the Party which had at first opposed Reading them all, now struggled to begin in the middle of the Treaty, the Rea|son was, as they alledged, they were for Examining the Particulars before they Voted the General. The first Article con|tain'd, That from and after the first Day of May, the two Kingdoms should be United, &c. This they would have de|layed; and then followed the Conditions which they would have be agreed first of all.

Others alledged, that it would be needless to enter in|to the Particulars till it was agreed, whether they should be UNITED or No; and therefore it was necessary to Examine the first Article in its order, not only because it was the first, but because it was most rational to Determine, whether there

should be an Union or no, before they descended to the Par|ticulars, because, if all the Articles were agreed to, yet if it should be so precarious as to state the Question afterwards, whether there should be a Union or no, it might at once ren|der all their Labour Fruitless.

Upon this Debate, they resolved, it was first necessary to get over the main Article, Whether there should be a Union or not, before they entred into the Merits of the Particulars, or Examined the Conditions; and they only Read the Ar|ticle to finish the Debate, and prevent any more Difficulty.

MINUTE XIV.

Saturday 2. November 1706.

The first Article of Union was again Read, and thereupon a Motion was offered in thir Terms, That it be agreed to, in the first place, To proceed to take the first Article of the Union to Conside|ration, with this Provision, That if the other Articles of Union be not adjusted by the Parliament, then the Agreeing to, and Appro|ving of the First, shall be of no Effect; And that immediately after the said first Article, the Parliament will proceed to an Act For security of the Doctrine, Discipline, Worship and Government of the Church, as now by Law Established within this Kingdom: And after some Debate thereon, there was a state of a Vote offered, Approve of the Motion, Yea or No.

Whereupon there was a Resolve offered in thir Terms, That be|fore this House proceed to Vote any of the Articles of the Treaty, they will hear what Security the Commission of the Church is to offer for the Church Government, and that before any Incorporating Ʋnion be voted; And after some further Debate upon the said Motion and Resolve, a se|cond State of a Vote was offered, That the Church Government be taken into Consideration before the Articles of Treaty, Yea or No.

And after some Debate, Which of the Two should be the State of the Vote, it was put to the Vote, Whether the First or Second should be the State of the Vote, and it carried the First; Thereafter it was put to the Vote, Approve of the Motion or Not, and it carried Ap|prove.

Whereupon the first Article of Union was again Read, and after some Reasoning thereon, it being objected, That an Incorporating Union of the two Kingdoms, was contrair to, and inconsistent with the the Claim of Right; The Claim of Right, and the third Act of the first Parliament of Her Majesty Queen Anne, Entituled, Act for approving the turning the Meeting of the Estates into a Parliament, and the Letter of the Meeting of the Estates to King William the twenty fourth of April One thousand six hundred eighty nine were all Read.

And an Address by the Barons, Freeholders, Heretors and other Gentlemen in the Shire of Forfar Subscribers of the same, against al|lowing of an Incorporating Union with England, being given in, was also Read.

And after long Reasoning and Debate on the said first Article of Union, and Objection, it was of Consent agreed, That the same should be delayed till the next Sederunt of Parliament.

Adjourn'd till Monday next at Ten a Clock.

OBSERVATION XIV.

The first Article was now Read, and all the Opposition hitherto made, had been over. But two plausible Things re|main'd; one was, To Debate whether it should be so settled that if all the Articles were not Concluded, none of them which were Considered, should be of any Force; this was so plausible, no Body could withstand it.

Then they Objected in the Name of the Church, on the Occasion brought before them formerly, viz. The Act of Se|curity. Unhappy was the Condition at this time of the Church of Scotland, if what seem'd to appear, had been her real Case, viz. To have her greatest Enemies be her best Solicitors, as if she had been so desperate, that even those that formerly Assist|ed to pull her down, were the only seeming Advocates for her present Establishment.

Or else surely Her Case was very happy, on the other hand, that Her Establishment was so visibly necessary at this time, that even Her apparent Enemies were careful to support Her.

I shall enter no further into the Mystery of it here, the Parlia|ment had Voted to consider the Address of the Commission, before any thing was Concluded, and whether that word, Concluded, was to signifie before they Voted any Article, or before the whole Union was Concluded, was now Immateri|al; and tho' it was expresly said in the Vote of October 17, That it should be before the Union was Concluded, yet it was Moved now, and the Parliament was so willing to do every thing for the Satisfaction of the Nation, that they Resolved to go upon it immediately after the passing the first Article.

The Party that still Opposed, were for going on the Affair of the Church, before any of the Articles were Concluded on, alledging, That if the Security of the Church could not be agreed on, the Union could not be entered upon; but it was returned to that, That just on the contrary, it was necessary first to Vote the General, Whether there should be a Union or no in the Terms of the Treaty, which General was included in the first Article, and it was easie to be seen, that if that Ar|ticle was Voted against, the Union was Rejected; and if the Union was Rejected, there was then no need for Discoursing on the Act of Security for the Church.

This was too strong a way of Reasoning to be Resisted, and therefore when it came to the Question, it past, as per the Minute.

That it be agreed to, in the first place, To proceed to take the first Article of Ʋnion to Consideration, with this Provision, That if the other Articles of Ʋnion be not ad|justed by the Parliament, then the Agreeing to, and Appro|ving of the First, shall be of no Effect; And that imme|diately after the said first Article, the Parliament will pro|ceed to an Act for Security of the Doctrine, Discipline, Wor|ship and Government of the Church, as now by Law Esta|blished within this Kingdom.

And now the first Article came upon the Stage, and the first Brush it met with was, That it was against the Claim of Right, as per the Minute.

This was a Surprizing Blow indeed, and made the House immediately Call for the Claim of Right, but that which was Remarkable upon Reading the Claim of Right was, it became necessary to Read the Letter of the Convention at that time sent to King William, in which, the Estates then met, humbly desired His Majesty, to set on Foot an Union in the very Sense and Meaning of this Incorporation of the Kingdoms, as the only Happiness the Kingdom desired.

We are most sensible of Your Majesties Kindness, and Fatherly Care to both Your Kingdoms, in promoving their Ʋnion, which we hope hath been Reserved to be Accomplish|ed by You; That as both Kingdoms are Ʋnited in one Head and Soveraign, so they may become one Body Politick, one Nation, to be Represented in one Parliament. And to te|stifie our Readiness to Comply with Your Majesty in that Mat|ter; We have Nominated Commissioners to Treat the Terms of an Entire and Perpetual Ʋnion betwixt the Two King|doms, with Reservation to us of our Church Government, as it shall be Established at the Time of the Ʋnion. These Commissioners do wait Your Majesties Approbation and Call, That they may Meet and Treat with the Commissioners to be Appointed for England, at what Time and Place Your Majesty shall Appoint. And if any Difficulty shall arise in the Treaty, We do, upon our Part, Refer the Determination thereof to Your Majesty. And we do Assure our selves, from Your Majesties Prudence and Goodness, of a Happy Conclu|sion to that Important Affair, so as the same may be Agreed to, and Ratified by Your Majesty in Your first Parliament.

This indeed occasioned a long Debate and much Warmth on both sides, which held the House very late; And after Reading all the Papers, the Inconsistency of the Union with the Claim of Right was thorowly Examin'd, where it could not but be very remarkable to observe some Gentlemen giv|ing a Sanction to the Claim of Right, who never before ac|knowleg'd

it, owning it now as a Sacred Foundation, in or|der to oppose it to the Scheme of Union now drawn; which being of more Fatal Consequence to their Real Design, as well as Party, they were brought to the Necessity of Closing with the first to Confront the last; so Playing one against another, Recognizing the Revolution as the lesser Evil to Repulse the Union, which they saw plainly Aim'd at the Foundation, Struck at the Root, and must for ever Foreclose Jacobitism and Prelacy, the two Columes which supported their Cause—. The Reasonings here in the House began with much Calmness; Immediately after Reading the Ar|ticle, Mr. Seton of Pitmedden took the Opportunity to say, That, having had the Honour to be one of the Commissio|ners for the Treaty, he thought it his Duty to give some Rea|sons, which mov'd him to Approve that Article at London; That he was perswaded, there were several Members so Pre|judiced against all the Articles, that he could not hope from them a Favourable Audience. And that what he had to say to the present Subject of Debate, had been thought upon, when he Signed the Treaty; therefore he would presume to make Use of his Papers, hoping, tho' his Reasons could not convince any Member, yet they might serve to Vindicate his Conduct to Posterity. Then he proceeded, and the Second of November 1706, made the following Speech.

My Lord Chancellor,

THis Honourable House has heard the several Articles of the Treaty of Ʋnion twice Read, has spent a considerable time in Discoursing to each of them, and after much Debate is come to Examine and Determine upon the First: Notwithstand|ing all the Arguments offered against it, I cannot find the least Mo|tive for Altering the Opinion I had at Signing this Article, having had the Honour to be one of the Commissioners Appointed by Her Majesty for that End; but that I may give all Satisfaction to every Member, I shall humbly offer in a plain manner my Thoughts in relation to it.

My Lord, This Article is the Foundation of the whole Treaty, and the Approving or Rejecting of it must Determine Union or no Union betwixt both Kingdoms.

How far the Approving this Article conduces to our Happiness, appears evidently, by considering the three different Ways propo|sed for Retriving the Languishing Condition of this Nation; which are, That we continue under the same Sovereign with England, with Limitations on his Prerogative as King of Scot|land; That the two Kingdoms be Incorporated into one, or that they be entirely separated.

That the Union of Crowns with Limitations on the Successor is not sufficient to Rectifie the bad State of this Nation, appears from these Positions founded on Reason and Experience.

Two Kingdoms subject to one Sovereign, having different Inte|rests, the nearer these are one to another, the greater Jealousie and Emulation will be betwixt 'em.

Every Monarch, having two or more Kingdoms, will be obliged to prefer the Counsel and Interest of the Stronger to that of the Weaker: And the greater Disparity of Power and Riches there is betwixt these Kingdoms, the greater influence the more powerful Nation will have on the Sovereign. Notwithstanding these Positi|ons, I shall suppose the Parliament of Scotland is Vested with the Power of making Peace and War, of Rewarding and Punishing Persons of all Ranks, of Levying Troops, and of the Negative it self.

I cou'd show the Inconveniencies that must attend such a State of Government, in Disposal of Places and Managing Publick Affairs; I cou'd likewise show the Improbability of Attaining such Conditions, or keeping 'em if attained; but laying aside such Considerations, my humble Opinion is, That we cannot reap any Benefit from these Conditions of Government, without the Assistance of England: And the People thereof will never be convinced to promote the Interest of Scotland, 'till both King|doms are Incorporated into One: So that I conceive such a State of Limitations to be no better for Scotland, than if it were intire|ly separated from England, in which State there's little Appearance of procuring any Remedy to our present Circumstances, which appears from these uncontraverted Positions.

The People and Government of Scotland must be Richer or Poorer, as they have Plenty or Scarcity of Money, the common Measure of Trade.

No Money or Things of Value can be purchased in the Course of Commerce: but where there's a Force to protect it.

This Nation is behind all other Nations of Europe for many years, with respect to the Effects of an extended Trade.

This Nation being Poor, and without Force to protect it's Commerce, cannot reap great Advantages by it, till it partake of the Trade and Protection of some powerful Neighbour Nation, that can Communicate both these.

To Illustrate this last Position, I shall give a short View of the State of Commerce we must needs be in, with respect to our Neighbour Nations, supposing an entire Separation from Eng|land.

The ordinary Mean, whereby we can flourish in Wealth, is, That Ballance which arises from the Exchange of our Natural or Artificial Product with other Places: But we have no Valuable Branch of Export, which does not Interfere with the like Com|modity, in some more powerful Neighbour Nation, who's Inte|rest it is to Suppress or Discourage our Commodity, for Raising the Value of its own; so that there's no Demonstrable Security for the Vent and Encouragement of any Branch of our Export.

Can it be expected, That Holland will suffer us to Improve our Fishery, which is to them a Nursery for Seamen, a Livelyhood to many Families, and an immense Treasure to the Publick?

If we Traffick with England; our Linnen-Cloth, Cattle, and Coals will be Discouraged, at least, after the same manner that we discourage Export from thence. If we Traffick with Muscovy, Sweden, Denmark, Poland, Germany, France, Spain, Portugal and Italy, the Sale of our Commodities will be of small Value in these Places; seing the Dutch or English, by their Increase of Trade, are capable to serve them with most of the like Goods, cheaper and better than we.

Let us look to any other Part of the World, for Vent to our Product, and we'll find other Nations have prevented us.

If we attempt the East-India-Trade, that is already Enhansed by the Dutch, English, French, Spaniards or Portuguese, from whom we must expect Opposition, they themselves Opposing one another daily; and we of no Force to Debate the same, with the most Inconsiderable of them.

The Trade of Africae is, for the most part, of small Value; and every Province of America is claimed as Property, by some powerful European Nation.

If it be said, That Scotland may make Alliance with one of its Neighbour Nations for Protection; that Alliance must be with Holland, England or France: Other Countries being so Remote or Poor, that their Friendships can be of little Use to us.

With Holland we can have no Advantageous Alliance, because its chief Branch of Trade is the same with ours; with the Eng|lish, we can expect no profitable Friendship, for they being our near Neighbours, will be Jealous of our Increase in Power; and from France, few Advantages can be reap'd, till the old Offensive and Defensive League be revived betwixt France and Scotland, which wou'd give Umbrage to the English, and occasion a War betwixt them and us. And allowing the Scots, in such a Juncture, with the Assistance of France, to Conquer England; Scotland, by that Conquest, cou'd not hope to better its present State; for 'tis more than probable, the Conquerour wou'd make his Residence in Eng|land, as formerly the Northern People used to do in their Southern Expeditions.

From these Considerations I conceive, That this Nation, by an entire Separation from England, cannot extend it's Trade, so as to raise its Power in Proportion to other Trafficking Nations in Eu|rope; but that hereby we may be in Danger of returning to that Gothick Constitution of Government, wherein our Forefathers were, which was frequently attended with Feuds, Murders, De|predations and Rebellions.

My Lord, I'm sorry, That, in place of Things, we Amuse our selves with Words; for my part, I comprehend no durable Uni|on betwixt Scotland and England, but that expressed in this Ar|ticle

by One Kingdom, that is to say, One People, One Civil Go|vernment and One Interest.

'Tis true, the Words, Federal Ʋnion, are become very Fashion|able, and may be handsomely fitted to delude unthinking People; But if any Member of this House will give himself the Trouble to examine what Conditions or Articles are understood by these words, and reduce them into any kind of Federal Compacts, whereby distinct Nations have been United: I'll presume to say, These will be found Impracticable, or of very little Use to us.

But to put that Matter in a clear Light, these Queries ought to be duly Examined, Whether a Federal Union be Practicable be|twixt two Nations accustomed to a Monarchical Government? Whe|ther there can be any sure Guaranty projected for the Observance of the Articles of a Federal Compact, stipulated betwixt two Nations; whereof the one is much Superior to the other in Riches, Numbers of People, and an extended Commerce? Whether the Ad|vantages of a Federal Union do Ballance its Disadvantages? Whe|ther the English will accept a Federal Union, supposing it to be for the true Interest of both Nations? Whether any Federal Compact betwixt Scotland and England, is sufficient to secure the Peace of this Island, or Fortify it against the Intrigues and Invasions of its Foreign Enemies? And whether England in Prudence, ought to Communicate its Trade and Protection to this Nation, till both Kingdoms are Incorporated in one?

To clear this last Querie, I shall offer a Remark from History.

Of two Independent and distinct Kingdoms United by a Federal Compact under one Sovereign, the Weaker to preserve its Interest, has some times separated from the Stronger, unless prevented by open Force, or secret Influence on its Government.

Spain and Portugal were subject to the same Sovereign, Philip II. And notwithstanding the Portuguese got most Advantagious Conditi|ons from Spain, they no sooner found a favourable Opportunity in the Reign of Philip IV. than they revolted from their Allegiance, and Elected the Duke of Braganza for their King.

Sweden and Denmark were United by a Federal Compact under one Monarch, but the Swedes judging a Separation more for their Interest, broke off, and chose Gustavus the 1. for their King.

My Lord, I should now consider an Incorporating Union, as it is expressed in this Article by One Kingdom; but that I may not take up the time of the House, I shall only give one Historical Re|mark with Relation to it.

Two or more distinct Kingdoms or States, by incorporating in|to one Kingdom, have continued under the same Sovereign, en|joying equally the Protection of his Government, and every part of the Body Politick, tho never so far remov'd from the Seat of Government, has Flourished in Wealth in proportion to the Value of it's Natural Product, or the Industry of its Inhabitants. To prove this Remark there are many Examples.

Spain was formerly divided into several Kingdoms, ten where|of are Incorporated into the one Kingdom of Spain.

France was formerly divided into 12 States, which are Incorpo|rated into the one Kingdom of France.

England was formerly divided into seven Kingdoms, which are Incorporated into the one Kingdom of England; Scotland it self was formerly divided into two Kingdoms, which at present are Incorporated into the one Kingdom of Scotland.

I cou'd give some Account of the particular Advantages we'll obtain by an Incorporating Union with England, but there will be occasions to Discourse of these, as the other Articles fall under the Consideration of this Parliament. In general, I may assert, That by this Union, we'll have Access to all the Advantages in Commerce, the English enjoy; we'll be capable, by a good Go|vernment, to improve our National Product, for the benefit of the whole Island; and we'll have our Liberty, Property and Religion, secured under the Protection of one Sovereign, and one Parliament of Great-Britain.

Now, My Lord, If Limitations on the Successor can be of little or no Use to us; if an entire Separation from England brings no Advantage to this Nation: and if all Federal Compacts, as we are stated, have insuperable Difficulties, which in some measure I have cleared, there is but one of two left to our Choise, to wit, That both Kingdoms be United into one, or that we continue un|der the same Sovereign with England as we have done these 100 years past. This last I conceive to be a very ill State, for by it (if Experience be convincing) we cannot expect any of the Advantages of an Incorporating Union; but on the contrair, Our Sovereignty and Independency will be eclipsed, the number of our Nobility will Encrease, Our Commons will be Oppressed, Our Parliaments will be influenced by England, the Execution of our Laws will be neglected; Our Peace will be interrupted by Factions for Places and Pensions; Luxury together with Poverty (tho' strange) will invade us; Numbers of Scots will withdraw themselves to Foreign Countries; and all the other Effects of Bad Government must necessa|rily attend us.

Let us therefore, My Lord, after all these Considerations ap|prove this Article: and when the whole Treaty shall be duly Exa|mined and Ratified, I'm hopeful, this Parliament will return their most Dutiful Acknowledgments to Her Majesty, for Her Royal En|deavours in promoting a Lasting Union betwixt both Nations.

Next spoke the Lord Beilhaven, but without answering what had been said by M. Seton, he made a long premeditate Speech, the Nature of which will be best understood by Reading it at length, which being so much talk'd of in the World, I have also inserted here, tho' I shall not trouble the Reader with many more Speeches in this whole History.

My Lord Chancellor,

WHEN I consider this Affair of an UNION betwixt the Two Nations, as it is express'd in the several Articles thereof, and now the Subject of our Deliberation at this time; I find my Mind crowded with variety of very Melancholy Thoughts, and I think it my Duty to disburden my self of some of them, by lay|ing them before, and exposing them to the serious Consideration of this Honourable House.

I think, I see a Free and Independent Kingdom delivering up That, which all the World hath been fighting for, since the days of Nimrod; yea, that for which most of all the Empires, King|doms, States, Principalities and Dukedoms of Europe, are at this very time engaged in the most Bloody and Cruel Wars that ever were, to wit, A Power to Manage their own Affairs by themselves, without the Assistance and Counsel of any other.

I think, I see a National Church, founded upon a Rock, secured by a Claim of Right, hedged and fenced about by the strictest and pointedest Legal Sanction that Sovereignty could contrive, volun|tarily descending into a Plain, upon an equal level with Jews, Papists, Socinians, Arminians, Anabaptists, and other Sectaries, &c.

I think I see the Noble and Honourable Peerage of Scotland, whose Valiant Predecessors led Armies against their Enemies upon their own proper Charges and Expenses, now divested of their Followers and Vassalages, and put upon such an Equal Foot with their Vas|sals, that I think I see a petty English Excise-man receive more Homage and Respect, than what was paid formerly to their quondam Maccallanmores.

I think I see the present Peers of Scotland, whose Noble Ancestors conquered Provinces, over-run Countries, reduc'd and subjected Towns and fortify'd Places, exacted Tribute through the greatest part of England, now walking in the Court of Requests like so many English Attornies, laying aside their Walking Swords when in Com|pany with the English Peers, lest their Self-defence should be found Murder.

I think I see the Honourable Estate of Barons, the bold Asserters of the Nation's Rights and Liberties in the worst of Times, now setting a Watch upon their Lips and a Guard upon their Tongues, lest they be found guilty of Scandalum Magnatum.

I think I see the Royal State of Burrows walking their desolate Streets, hanging down their Heads under Disappointments; wormed out of all the Branches of their old Trade, uncertain what hand to turn to, necessitate to become Prentices to their unkind Neigh|bours; and yet after all finding their Trade so fortified by Com|panies, and secured by Prescriptions, that they despair of any success therein.

I think I see our Learned Judges laying aside their Practiques and Decisions, studying the Common Law of England, gravelled with Certioraries, Nisi prius's, Writs of Error, Verdicts indovar,

Ejectione firmae, Injunctions, Demurrs, &c. and frighted with Ap|peals and Avocations, because of the new Regulations and Recti|fications they may meet with.

I think I see the Valiant and Gallant Soldiery either sent to learn the Plantation Trade Abroad; or at Home Petitioning, for a small Subsistance as the Reward of their honourable Exploits, while their old Cores are broken, the common Soldiers left to Beg, and the youngest English Corps kept standing.

I think I see the Honest Industrious Tradesman loaded with new Taxes, and Impositions, disappointed of the Equivalents, drink|ing Water in place of Ale, eating his sat-less Pottage, Petitioning for Encouragement to his Manufacturies, and Answered by counter Petitions:

In short, I think I see the Laborious Plew-man, with his Corns spoiling upon his Hands, for want of Sale, Cursing the day of his Birth, dreading the Expense of his Burial, and uncertain whether to Marry or do worse.

I think I see the Incureable Difficulties of the Landedmen, fet|tered under the Golden Chain of Equivalents, their pretty Daugh|ters Petitioning for want of Husbands, and their Sons for want of Imployments.

I think I see our Mariners, delivering up their Ships to their Dutch Partners; and what through Presses and Necessity, earning their Bread as Underlings in the Royal English Navy.

But above all, My Lord, I think I see our Ancient Mother CALEDONIA, like Caesar sitting in the midst of our Senate, Rufully looking round about her, Covering her self with her Royal Garment, attending the Fatal Blow, and breathing out her last with a Et tu quoque mi fili.

Are not these, My Lord, very afflicting Thoughts? And yet they are but the least part Suggested to me by these Dishonourable Articles; should not the Consideration of these things vivifie these dry Bones of ours? Should not the Memory of our Noble Prede|cessors Valour and Constancie, rouse up our drouping Spirits? Are our Noble Predecessors Souls got so far into the English Cabbage-Stock and Colliflowers, that we should shew the least Inclination that way? Are our Eyes so Blinded? Are our Ears so Deafned? Are our Hearts so Hardned? Are our Tongues so Faltered? Are our Hands so Fettered, that in this our day, I say, My Lord, That in this our day, that we should not mind the things, that concern the very Being and Well-being of our Ancient Kingdom, before the day be hid from our Eyes.

No, My Lord, GOD forbid, Man's Extremity is GOD's Oppor|tunity: He is a present Help in time of need; and a Deliverer, and that right early. Some unforeseen Providence will fall out, that may cast the Ballance; some Joseph or other will say, Why do ye strive together, since you are Brethren? None can Destroy Scotland, save Scotland's self; hold your Hands from the Pen, you are Se|cure. Some Judah or other will say, Let not our hands be upon

the Lad, he is our Brother. There will be a JEHOVAH-JIREH and some Ram will be caught in the Thicket, when the bloody Knife is at our Mothers Throat; Let us up then, My Lord, and let our Noble Patriots behave themselves like Men, and we know not how soon a Blessing may come.

My Lord, I wish from my Heart, that this my Vision prove not as true, as my Reasons for it are probable; I design not at this time to enter into the merits of any one particular Article, I intend this Discourse, as an Introduction to what I may afterwards say upon the whole Debate, as it falls in before this Honourable House; and therefore, in the further Prosecution of what I have to say, I shall insist upon some few particulars, very necessary to be understood, before we enter unto the Detail of so Important a Matter.

I shall therefore in the first place, Endeavour to Encourage a free and full Deliberation, without Animosities and Heats; in the next place, I shall Endeavour to make an Enquiry into the Nature and Source of the Unnatural and Dangerous Divisions that are now on Foot within this Isle, with some Motives shewing, that it is our Interest to lay them aside, at this time. Then I shall Enquire into the Reasons which have induced the two Nations to enter into a Treaty of Union at this time, with some Considerations and Meditations, with Relation to the Beha|viour of the Lords Commissioners of the two Kingdoms, in the Management of this Great Concern. And lastly, I shall propose a Method, by which we shall most distinctly, and without Confu|fusion, go through the several Articles of this Treaty, without un|necessary Repetitions or Loss of Time. And all this with all De|ference, and under the Correction of this Honourable House.

My Lord Chancellor, The greatest Honour that was done unto a Roman, was to allow him the Glory of a Triumph; the great|est and most dishonourable Punishment was that of Paricide: He that was Guilty of Paricide, was beaten with Rods upon his naked Body, till the Blood gusht out of all the Veins of his Body; then he was sowed up in a Leathern Sack called a Culeus, with a Cock, a Viper, and an Ape, and thrown Headlong into the Sea.

My Lord, Patricide is a greater Crime than Paricide, all the World over.

In a Triumph, My Lord, when the Conqueror was Riding in his Triumphal Chariot, Crowned with Lawrels, Adorned with Trophies, and Applauded with Huzza's, there was a Monitor ap|pointed to stand behind him, to warn, Not to be High-minded, nor Puffed up with Overveening Thoughts of himself; and to his Chariot were tied a Whip and a Bell, to mind him, That, for all his Glory and Grandeur, he was Accountable to the People for his Administration, and would be Punished as other Men, if found Guilty.

The greatest Honour amongst us, My Lord, is to Represent the Sovereign's Sacred Person in Parliament; and, in one particular,

it appears to be greater than that of a Triumph; because the whole Legislative Power seems to be wholly Intrusted with him: If he give the Royal Assent to an Act of the Estates, it becomes a Law Obligatory upon the Subject, tho' contrary or without any Instructi|ons from the Sovereign: If he refuse the Royal Assent to a Vote in Parliament, it cannot be a Law, tho' he has the Sovereign's particular and positive Instructions for it.

His Grace the Duke of Queensberry, who now Represents Her Majesty in this Session of Parliament, hath had the Honour of that Great Trust, as often, if not more than any Scots Man ever had; He hath been the Favorite of two Successive Sovereigns; and I cannot but commend his Constancy and Perseverance, that, notwithstanding his former Difficulties and unsuccessful Attempts, and maugre some other Specialities not yet determined, that his Grace has yet had the Resolution, to undertake the most unpopu|lar Measures last: If his Grace succeed in this Affair of an Union, and that it prove for the Happiness and Welfare of the Nation, then he justly Merits to have a Statue of Gold erected for himself: but if it shall tend to the intire Destruction & Abolition of our Na|tion; and that we the Nation's Trustees shall go into it; then I must say, That a Whip and a Bell, a Cock, a Viper, and an Ape, are but too small Punishments for any such bold unnatural Undertaking and Complaisance.

That I may path a way, My Lord, to a full, calm and free Reasoning upon this Affair, which is of the last Consequence un|to this Nation; I shall mind this Honourable House, that we are the Successors of our Noble Predecessors who founded our Mo|narchy, framed our Laws, amended, altered and corrected them from time to time, as the Affairs and Circumstances of the Nation did require, without the Assistance or Advice of any Foreign Power or Potentate, and who, during the time of 2000 Years, have handed them down to us a free Independent Nation, with the Hazard of their Lives and Fortunes; Shall not we then ar|gue for that, which our Progenitors have purchased for us at so dear a Rate, and with so much Immortal Honour and Glory? GOD forbid. Shall the Hazard of a Father unbind the Ligaments of a Dumb Son's Tongue; and shall we hold our Peace, when our Patria is in Danger? I speak this, My Lord, That I may incourage every Individual Member of this House, to speak their Mind freely. There are many Wise and Prudent Men amongst us, who think it not worth their while to open their Mouths; there are others, who can speak very well, and to good Purpose, who shelter themselves under the shameful Cloak of Silence, from a Fear of the Frowns of Great Men and Parties. I have observed, My Lord, by my Experience, the greatest Number of Speakers in the most Trivial Affairs; and it will always prove so, while we come not to the right Understanding of our Oath de fideli, where|by we are bound not only to give our Vote, but our Faithful Advice in Parliament, as we should Answer to GOD; and in our

Ancient Laws, the Representatives of the Honourable Barons and the Royal Burrows are termed Spokesmen: It lyes upon your Lordships therefore, particularly to take notice of such, whose Modesty makes them Bashful to Speak. Therefore I shall leave it upon you, and conclude this Point, with a very Memorable Say|ing, of an Honest private Gentleman, to a great Queen, upon Occasion of a State Project, contrived by an able Statesman, and the Favorite to a great King, against a Peaceable Obedient People, because of the Diversity of their Laws and Constitutions. If at this time thou hold thy Peace, Salvation shall come to the People from another place, but thou and thy House shall perish. I leave the Application to each particular Member of this House.

My Lord, I come now to consider our Divisions. We are under the Happy Reign (Blessed be GOD) of the Best of Queens, Who has no Evil Design against the meanest of Her Subjects, Who Loves all Her People, and is equally Beloved by them again; and yet, that, under the Happy Influence of our most Excellent Queen, there should be such Divisions and Factions, more dange|rous and threatning to Her Dominions, than if we were under an Arbitrary Government, is most strange and unaccountable. Un|der an Arbitrary Prince, all are willing to Serve, because all are under a Necessity to Obey, whether they will or not. He chooses therefore whom he will, without respect to either Parties or Facti|ons; and if he think fit to take the Advices of his Councils or Parliaments, every Man speaks his Mind freely, and the Prince re|ceives the Faithful Advice of his People, without the Mixture of Self-designs: If he prove a Good Prince, the Government is easy; if Bad, either Death or a Revolution brings a Deliverance. Whereas here, My Lord, there appears no End of our Misery, if not prevented in time; Factions are now become Independent, and have got Footing in Councils, in Parliaments, in Treaties, in Armies, in Incorporations, in Families, among Kindred, yea Man and Wife are not free from their Political Jarrs.

It remains therefore, My Lord, that I enquire into the Nature of these things, and since the Names give us not the Right Idea of the thing, I am afraid I will have Difficulty to make my self well understood.

The Names generally used to denote the Factions, are Whig and Torie, as obscure as that of the Guelfs and Gibelins: Yea, My Lord, they have different Significations, as they are applyed to Factions in each Kingdom, a Whig in England is a Heterogene|ous Creature, in Scotland he is all of a piece; a Tory in England is all of a piece and a Statesman, in Scotland he is quite other|ways, an Anti-courteour and Anti-statesman.

A Whig in England, appears to be somewhat like Nebuchadnez|zar's Image of different Mettals, different Classes, different Prin|ciples and different Designs; yet take them all together, they are like a piece of fine mixed Droggat of different Threeds, some Finer, some Courser, which after all make a comely Appearance,

and an agreeable Suit. A Tory is like a piece of Loyal-made English Cloath, the true Staple of the Nation, all of a Threed: yet if we look narrowly into it, we shall perceive Diversity of Colours, which, according to the Various Situations and Positions, makes Various Appearances; sometimes Tory is like the Moon in its Full, as appeared in the Affair of the Bill of the Occasional Conformity; upon other occasions it appears to be under Cloud, and as if it were Eclipsed by a greater Body, as it did in the Design of the Calling over the Illustrious Princess Sophia. However, by this we may see their designs are to outshoot Whig in his own Bow.

Whig in Scotland is a true blew Presbyterian, who, without Con|sidering Time or Power, will venture their All for the Kirk: but something less for the State. The greatest Difficulty is, how to describe a Scots Tory: Of old, when I knew them first, Tory was an Honest Hearted Comradish Fellow, who, provided he were Maintain'd and Protected in his Benefices, Titles and Dignities by the State, he was the less anxious who had the Government and Management of the Church: but now, what he is since Jure-Divinity came in Fashon; and that Christianity, and by Conse|quence, Salvation, comes to depend upon Episcopal Ordination, I profess I know not what to make of him; only this I must say for him, That he endeavours to do, by Opposition, that, which his Brother in England endeavours, by a more Prudent and less Scrupulous Method.

Now, My Lord, from these Divisions there has got up a kind of Aristocracy, something like the Famous Triumvirate at Rome, they are a kind of Undertakers and Pragmatick Statesmen, who, finding their Fower and Strength great, and answerable to their Designs, will make Bargains with our Gracious Sovereign, they will serve Her faithfully, but upon their own Terms: they must have their own Instruments, their own Measures, this Man must be turned out, and that Man put in, and then they'll make Her the most Glorious Queen in Europe.

Where will this end, My Lord? Is not Her Majesty in Danger by such a Method? Is not the Monarchy in Danger? Is not the Nation's Peace and Tranquillity in Danger? Will a Change of Parties make the Nation more Happy? No, My Lord, the Seed is sowen, that is like to afford us a perpetual Increase; it's not an Annual Herb, it takes deep Root, it Seeds and Breeds; and, if not timeously prevented by Her Majesty's Royal Endea|vours, will split the whole Island in two.

My Lord, I think, considering our present Circumstances at this time, the Almighty GOD has reserved this great Work for us: We may Bruise this Hydra of Division, and Crush this Cocka|trice's Egg; our Neighbours in England are not yet fitted for any such thing, they are not under the Afflicting Hand of Providence, as we are; their Circumstances are Great and Glorious, their Treaties are prudently managed both at Home and Abroad, their Generals Brave and Valorous, their Armies Successful and Victorious, their

Trophies and Lawrels Memorable and Surprising; Their Enemies Subdued and Routed, their Strong Holds Besieged and Taken, Sieges Relieved, Marishals Killed and Taken Prisoners, Provinces and Kingdoms are the Results of their Victories; the Royal Navy is the Terror of Europe, their Trade and Commerce Extended through the Universe, Incircling the whole Habitable World, and Rendering their own Capital City the Emporium for the whole Inhabitants of the Earth; and which is yet more than all these things, the Subjects freely bestowing their Treasury upon their So|vereign; and above all, these vast Riches, the Sinews of War, and without which all the Glorious Success had proven abortive; these Treasures are managed with such Faithfulness and Nicety, that they Answer seasonably all their Demands, tho at never so great a distance. Upon these Considerations, My Lord, how hard and difficult a thing will it prove, to perswade our Neighbours to a self-denyal Bill.

It's quite otherways with us, My Lord, we are an Obscure poor People, tho' formerly of better account; removed to a remote cor|ner of the World, without Name and without Alliances, our Posts mean and precarious; so that I profess, I don't think any one Post of the Kingdom worth the Briguing after, save that of being Com|missioner to a long Session of a Factious Scots Parliament, with an antedated Commission, and that yet renders the rest of the Ministers more Miserable: What hinders us then, My Lord, to lay aside our Divisions to unite Cordially and heartily together in our present Circumstances, when our All is at the Stake; Hannibal, My Lord, is at our Gates, Hannibal is come within our Gates, Hannibal is come the length of this Table, he is at the Foot of this Throne, he will demolish this Throne, if we take not Notice he'll seise upon these Regalia; he'll take them as our spolia opima, and whip us out of this House never to return again.

For the Love of GOD then, My Lord, for the Safety and Well|fare of our Ancient Kingdom, whose sad Circumstances I hope we shall yet Convert unto Prosperity and Happiness! We want no Means, if we Unite, GOD blesseth the Peace-makers, we want nei|ther Men nor Sufficiency of all manner of things necessary, to make a Nation happy: all depends upon Management, Concordia res parvae crescunt. I fear not these Articles, tho they were ten times worse than they are, if we once Cordially forgive one another, and that according to our Proverb, bygones be bygones and fair play to come.) For my part in the sight of GOD and in the presence of this Honourable House I heartily forgive every Man, and beggs that they may do the same to me, and I do most hum|bly propose, that his Grace My Lord Commissioner may appoint an Agape, may order a Love-Feast for this Honourable House, that we may lay aside all self designs, and after our Fasts and Humilia|tions may have a day of Rejoicing and Thankfulness, may eat our Meat with Gladness, and our Bread with a Merry Heart, then shall we sit each Man under his own Fig-tree, and the Voice of the Turtle

shall be heard in our Land, a Bird famous for Constancy and Fide|lity.

My Lord, I shall make a Pause here and stop going on fur|ther in my Discourse till I see further, if his Grace my Lord Com|missioner receive any Humble Proposals for removing Misunder|standings among us, and putting an end to our Fatal Divisions, upon Honour I have no other design, and I am Content to begg the favour upon my bended knees.

No Answer.

My Lord Chancellor, I am sorry, that I must pursue the Threed of my Sad and Melancholy Story: what remains, I am afraid, prove as afflicting as what I have said; I shall therefore Consider the Motives, which have ingaged the two Nations to enter upon a Treaty of Union at this time: in general, My Lord, I think both of them had in their View to better themselves by the Treaty; but before I enter upon the Particular Motives of each Nation, I must inform this Honourable House, that since I can Remember, the two Nations have altered their Sentiments upon that Affair, even almost to Downright Contradiction, they have changed Headbands, as we say, for England till of late never thought it worth their pains of Treating with us; the good Bargain they made at the Beginning, they resolve to keep, and that which we call an Incorporating Union was not so much as in their thoughts. The first Notice they seem'd to take of us, was in our Affair of Caledonia, when they had most effectually broke off that design in a manner very well known to the World, and unnecessary to be repeated here, they kept themselves quiet during the time of our Complaints upon that Head. In which time our Sovereign, to satisfie the Nation and allay their Heats, did condescend to give us some good Laws, and amongst others that of Personal Liberties and of Peace and War; but England having declared their Succession and extended their Intail without ever taking Notice of us; our Gracious Sovereign QUEEN ANNE was Graciously pleased to give the Royal Assent to our Act of Security, and to give us a hedge to all our Sacred and Civil Interests, by Declaring it High Treason to endeavour the Al|teration of them, as they were then Established. Thereupon did follow the Threatning and Minatory Laws against us by the Parli|ament of England and the unjust and unequal Character of what Her Majesty had so Graciously Condescended to in our Favours: Now My Lord whether the desire they had to have us ingaged in the same Succession with them; Or whether that they found us like a free and independent People breathing after more Liberty than what formerly was lookt after; Or whether they were afraid of our Act of Security in case of Her Majesties Decease: which of all these Motives has induced them to a Treaty I leave it to themselves, this I must say only, they have made a good Bargain this time also.

For the particular Motives that induced us, I think, they are Obvious to be known; we found by sad Experience, that every Man hath advanced in Power and Riches, as they have done in Trade, and at the same time considering that no where through the World, Slaves are found to be Rich, though they should be adorned with Chains of Gold, we thereupon changed our Notion of an Incorporating Union to that of a Federal one; and being resolved to take this Opportunity to make Demands upon them, before we enter into the Succession, we were content to Impower Her Majesty to Authorise and Appoint Commissioners to Treat with the Commissioners of England, with as ample Powers as the Lords Commissioners from England had from their Constituents, that we might not appear to have less Confidence in Her Majesty, nor more narrow hearted in our Act than our Neighbours of Eng|land: and thereupon last Parliament, after Her Majesty's Gracious Letter was Read, Desiring us to declare the Succession in the first place, and afterwards to appoint Commissioners to Treat; we found it necessary to renew our former Resolve, which I shall Read to this Honourable House.

Resolve presented by the Duke of Hamilton last Session of Parliament.

That this Parliament will not proceed to the Nomination of a Successor, till we have had a previous Treaty with England, in Re|lation to our Commerce and other Concerns with that Nation. And furder, it is Resolved, That this Parliament will proceed to make such Limitations and Conditions of Government, for the Rectifica|tion of our Constitution, as may secure the Liberty, Religion and In|dependency of this Kingdom, before they proceed to the said Nomi|nation.

Now, My Lord, the last Session of Parliament having, before they would enter upon any Treaty with England, by a Vote of the House, past both an Act for Limitations, and an Act for Rectification of our Constitution. What mortal Man has reason to doubt, the Design of this Treaty was only Federal?

My Lord Chancellor, It remains now, that we consider the Be|haviour of the Lords Commissioners at the opening of this Treaty. And before I enter upon that, allow me to make this Meditati|on, that if our Posterity, after we are all dead and gone, shall find themselves under an ill made Bargain, and shall have a re|course unto our Records, and see who have been the Managers of that Treaty, by which they have suffered so much; when they read the Names, they will certainly conclude and say, Ah! our Nation has been reduced to the last Extremity, at the time of this Treaty; all our great Chieftains, all our great Peers and conside|rable Men; who used formerly to defend the Rights and Liber|ties

of the Nation, have been all Killed and Dead in the Bed of Honour, before ever the Nation was necessitate to Condescend to such Mean and Contemptible Terms; Where are the Names of the chief Men, of the Noble Families of Stewarts, Hamiltons, Grahams, Campbells, Gordons, Johnstons, Homes, Murrays, Kers, &c. Where are the two great Officers of the Crown, the Constable and the Marischal of Scotland? They have certainly all been extinguished, and now we are Slaves for ever.

Whereas the English Records will make their Posterity, Reve|rence the Memory of the Honourable Names who have brought under, their Fierce, Warlike and Troublesome Neighbours, who had Struggled so long for Independency, shed the best Blood of their Nation, and reduced a considerable Part of their Country to be|come Waste and Desolate.

I am Informed, My Lord, That our Commissioners did indeed frankly tell the Lords Commissioners for England, That the In|clination of the People of Scotland were much altered of late, in relation to an Incorporating Union, and that therefore since the Entail was to end with Her Majesty's Life, whom GOD long pre|serve, it was proper to begin the Treaty upon the Foot of the Treaty the 1604 year of GOD, the time when we came first un|der one Sovereign: but this the English Commissioners would not agree to, and our Commissioners, that they might not seem ob|stinate, were willing to Treat and Conclude in the Terms laid be|fore this Honourable House, and subjected to their Determinati|on.

If the Lords Commissioners for England had been as Civil and Complaisant, they should certainly have finished a Federal Treaty likeways, that both Nations might have the Choice, which of them to have gone into as they thought fit; but they would hear of nothing but of an intire and compleat Union, a Name which comprehends an Union, either by Incorporation, Surrender or Con|quest, whereas our Commissioners thought of nothing but a fair equal Incorporating Union; whether this be so or no, I leave it to every Man's Judgment; but as for my self, I must beg liberty to think it no such thing. For I take an Incorporating Union to be, where there is a change both in the material and formal Points of Government, as if two Pieces of Mettal were melted down into one Mass, it can neither be said to retain its former Form or Sub|stance, as it did before the mixture. But now when I consider this Treaty, as it hath been Explained and Spoke to before us these three Weeks by past, I see the English Constitution remaining firm, the same two Houses of Parliament, the same Taxes, the same Customs, the same Excises, the same Trade in Companies, the same Municipal Laws and Courts of Judicature, and all ours either sub|ject to Regulations, or Annihilations: only we have the Honour to pay their old Debts, and to have some few Persons present for Witnesses to the Validity of the Deed, when they are pleased to contract more.

Good GOD! What is this an intire Surrender?

My Lord, I find my Heart so full of Grief and Indignation, That I must beg Pardon, not to finish the last part of my Discourse, that I may drop a Tear as the Prelude to so sad a Story.

After having sit down, and some Discourses by other Mem|bers interveening, he continued his Discourse thus,

My Lord Chancellor, What I am now to say, relates to the Me|thod of Proceeding in this Weighty Affair: I hear it proposed by a Noble Member of the other side, that we should proceed in the same Order, as the Lords Commissioners Treaters did. In my humble Opinion, My Lord, It is neither the natural Method, nor can it be done without great Confusion and Repetition. To say, You'll agree to the Union of the two Kingdoms, before you agree in the Terms upon which they are to be United, seems like driving the Plough before the Oxen: The Articles, which narrate the Con|ditions, seem to be the Premisses, upon which the Conclusion is inferred; and, according as they are found good or bad, the Success will follow. When a Man is Married to a Fortune in Eng|land, as they call it, I suppose he is satisfied with the thing be|fore he determines himself to Marry; and the Proposal I have heard of agreeing to the first Article with a Proviso, That, if the rest of the Articles shall be found Satisfactory, and no otherwise, is of a Piece with the rest, and looks like Beating the Air, and no|ways Consistent with fair and square Dealings. Besides, My Lord, if we were to go upon the first Article, are not all the rest of the Articles, besides many others not contained in the Ar|ticles, valid Arguments either, Pro or Con, against Concluding, or not Concluding the first Article? And no Vote in this House, can hinder a Man, from making use of what Arguments he thinks fit. Moreover, the Searching the Records, and the Revising the Statute Books, Comparing the Books of Rates, Customs, Excise, Taxes, of both Nations, with one another, must all be previously consi|dered, ere we determine our selves in one single Article; Add to this, That the Prohibitory Clause, with Relation to the Trade of both Nations, must be Adjusted, lest, like Esop's Dog, we lose the Old, in Grasping at the New; the State of the English Compa|nies must also be Exposed, how far we shall have Liberty into them, and what Advantage we may propose to our selves, by Trading to these Places, where they are secured, and above all, My Lord, the Security of our National Church, and of all that's dear unto us, must be previously Established to us, if practicable, before we Conclude the first Article. Therefore, My Lord, tho my particular Opinion be, tho we had a Cart Blanch from Eng|land; yet the Delivery up of our Sovereignty, gives back with one Hand, what we receive with the other, and that there can be no Security, without the Guarrantee of a Distinct Independen|cy betwixt the Parties Treating: Yet, My Lord, for further Sa|tisfaction

to this Honourable House, That every Member may fully satisfie himself, I humbly propose, That, passing by the first three Articles, which appear to be much of a Piece, we begin at the fourth Article of the Treaty, and if I be seconded in this, I desire it may be put to the Question.

I shall make no Remarks upon this last and famous Speech, the Noble Person that spoke it, however he happened to mistake in some things, was a Person of extraordinary Parts and Capacity; And as he was very warm against the Uni|on, it made that Opposition the more considerable.

This Speech, the Reader may see, was pointed directly against the Union, and in the first part of it argues against the Whole, in the last against the Parts—; but concludes to move against the immediate Proceedings.

The first Speech was from a Person no less capable in the Matter of the Treaty, and that had been a Commissioner in the Treaty at London; The Speeches are directly opposite, and are left thus upon Record to argue against one another.

The time had been taken up with their length, and the House, as well as the Nation, was, at this time, in an Un|usual Ferment, so not many Replies were made. Mr. Seton, who made the first Speech, stood up to Answer the Lord Beilhaven, but, as he had already spoken, the Orders of the House, viz. That the same Member could not speak twice in the same Cause, were urged against his speaking, and the Earl of Ma—mont standing up to speak at the same time, the Lord Chancellor gave place to him; who indeed made a very short Return to so long a Speech, and which Answer occasioned some Laughter in the House: The Earl of Ma—monts Speech was to this Purpose, viz. He had heard a long Speech and a very terrible one, but he was of Opinion, it required a short Answer, which he gave in these Words, Behold he Dream'd, but, lo! when he awoke, he found it was a Dream; This Answer, some said, was as Satisfactory to the Members, who understood the Design of that Speech, as if it had been Answered Vision by Vision.

After these two Speeches, several Members spoke Pro and Con; But the Debate, in Close of the Day, turned so Warm, That, at the Desire of the House, it was Adjourned to the next Sederunt.

MINUTE XV.

Monday 4. November 1706.

Prayers Said,

Rolls Called,

Then the following Addresses were presented, viz. Address of Barons, Freeholders and others within the Shire of Stirling, Sub|scribers of the same; Address of Barons, Freeholders and others within the Shire of Dumbartoun, Subscribers of the same; Address of the Magistrates, Town-Council, Deacons of Crafts and Burgesses within the Burgh of Linlithgow, Subscribers of the same; Address of Heretors and others, Inhabitants of the Town and Paroch of Dunkeld alias Caledonia, Subscribers of the same; and an Address of the Town and Paroch of Dysert, Subscribers of the same, all against an Incorporating Union with England, and were Read.

Thereafter the First Article of Union was again Read, as also the Motion mentioned in the last Minute relating thereto, viz. That it be agreed to, in the first place, to proceed to take the First Article of the Union to Consideration, with this Provision, That if the other Articles of Union be not Adjusted by the Parliament, then the Agreeing to and Approving of the First shall be of no Effect, and that immediately after the said First Article, The Parliament will proceed to an Act for Security of the Doctrine, Discipline, Worship and Government of the Church, as now by Law Establish|ed within this Kingdom; And after some further Debate upon the said Article, a Resolve was offered in thir Terms, viz. Where|as it evidently appears since the Printing, Publishing and Considering of the Articles of Treaty, now before this House; This Nation seems gene|rally averse to this Incorporating Ʋnion in the Terms now before us, as Subversive of the Sovereignty, Fundamental Constitution and Claim of Right of this Kingdom, and as threatning Ruine to this Church as by Law Established.

And since it is plain, That if an Ʋnion were Agreed to in these Terms by this Parliament, and Accepted of by the Parliament of England, it would in no sort Answer the Peaceable and Friendly Ends proposed by an Ʋnion; But would on the contrair Create such Dismal Distrac|tions and Animosities amongst our selves, and such Jealousies and Mi|stakes betwixt us and our Neighbours, as would involve these Nations into Fatal Breaches and Confusions.

Therefore, Resolved, That we are willing to enter into such an Ʋni|on with our Neighbours of England, as shall Ʋnite us intirely, and af|ter the most strict manner, in all their and our Interests of Succession, Wars, Alliances and Trade, Reserving to Ʋs the Sovereignty and In|dependency of Our Crown and Monarchy, and Immunities of the King|dom, and the Constitution and Frame of the Government both of Church and State, as they stand now Established by our Fundamental Constitu|tion,

by our Claim of Right, and by the Laws following thereupon; Or, Resolved, That we will proceed to settle the same Succession with Eng|land, upon such Conditions and Regulations of Government within our selves, as shall effectually secure the Sovereignty and Independency of this Crown and Kingdom, and the Indissolvable Society of the same, with the Fundamental Rights and Constitutions of the Government both of Church and State, as the same stands Established by the Claim of Right, and other Laws and Statutes of this Kingdom.

Which being Read, and after Debate thereon, the Vote was stated, Approve of the First Article of Union in the Terms of the Motion, Yea or Not.

But before Voting, the Duke of Athole gave in the following Protest, viz. That he for himself and all others, who shall Adhere, Protested, That an Incorporating Ʋnion of the Crown and Kingdom of Scotland, with the Crown and Kingdom of England, and, that both Nations should be Represented by one and the same Parliament, as con|tained in the Articles of the Treaty of Ʋnion, Is contrair to the Honour, Interest, Fundamental Laws and Constitution of this Kingdom, the Birth|right of the Peers, the Rights and Privileges of the Barons, & Burrows, and is contrair to the Claim of Right, Property and Liberty of the Sub|jects, and Third Act of Her Majesties Parliament One Thousand Seven Hundred and Three, by which it is Declared High Treason, in any of the Subjects of this Kingdom, to Quarrel, or Endeavour by Writing, Malicious and Advised Speaking, or other open Act or Deed, To Alter or Innovat the Claim of Right, or any Article thereof; and Reserving Liberty to him, and his Adherents, to Renew their Protesta|tion against further Proceedings in the said Matter, and to Adjoin their Reasons for the same, and desired this his Protestation be Marked in the Records of Parliament. Which being Read, The said Duke of Athole took Instruments thereon, and the Duke of Hamilton, Marquess of Annandale, Earl of Errol, Earl Marischal, Earl of Wigtoun, Earl of Strathmore, Earl of Selkirk, Earl of Kincardin, Viscount of Stor|mount, Viscount of Kilsyth, the Lord Semple, the Lord Oliphant, the Lord Balmerino, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil and the Lord Kinnaird, George Lockhart of Carnwath, Sir James Foulis of Collingtoun, Andrew Fletcher of Sal|toun, Sir Robert Sinclair of Longformacus, Sir Patrick Home of Rentoun, John Sinclair younger of Stevenson, John Sharp of Hoddom, Mr. Ale|xander Ferguson of Isle, John Brisbain of Bishoptoun, Mr. William Coch|ran of Kilmaronock, Sir Humphrey Colquhoun of Luss, John Grahame of Killairn, James Grahame of Bucklyvie, Thomas Sharp of Houstoun, Sir Patrick Murray of Auchtertyre, John Murray of Strowan, John More of Stonywood, David Beaton of Balfoure, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouse, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie young|er of Boyn, Mr. George Mackenzie of Inchcoulter, Alexander Robertson, Walter Stuart, Alexander Watson, Alexander Edgar, John Black, James Oswald, Robert Johnstoun, Alexander Duff, Francis Molison, Walter Scot, George Smith, Robert Scot, Robert Kellie, John Hutchi|son,

Mr. William Sutherland, Archibald Shiels, Mr. John Lyon, George Spence, Mr. William Johnstoun, Mr. John Carruthers, George Home, John Baine, and Mr. Robert Frazer adhered thereto.

Then the Vote was put, Approve of the said First Article of Union in the Terms of the Motion, Yea or Not, and it carried Approve.

Moved, That the List of the hail Members of Parliament, as they Voted Pro or Con, be printed, and it was agreed to.

Thereafter an Overture for an Act, For Security of the true Prote|stant Religion, and Government of the Church, as by Law Established within this Kingdom, was Read, and Ordered to be Printed.

Adjourned till Wednesday next at Ten a Clock.

OBSERVATION XV.

It is very remarkable, That the Addresses now began to Throng upon the House, and we find them at the beginning of every Vote; The Debates of this Day visibly discovered the Reason and Design of procuring these Addresses, viz. That they might form an Argument from the general Aver|sions of the Nation, and from thence, & the bringing the Soul|diers into the City, it was called a Cramming the Union down their Throats.

At the same time it was visible, there were such Methods made use of to procure Addresses, such want of Hands, such kinds of People who signed, such a Paucity of Gentry, where the Counties were full of Gentlemen, and such Varieties of Circumstances concurring, to make it appear, that it was the labour'd performance of a Party, that, it was thought, they met with the less regard.

There were indeed in several places Addresses prepared from the Gentry of the Country for the Encouragement of the Treaty, but it was concluded to be needless, since that would have been a kind of telling Noses without Doors, and the Party would have been pleased, to have had it past for a sort of Polling the Nation, in which, they having before dissatisfied and allarm'd the common People, they had the most Hopes of Success—; This therefore was laid aside, as a Step that would be of no use, and would put the Uni|on upon a Tryal altogether inconsistent with the Constitution, and, as it were, debate it a-la-Mob.

And therefore none of the Addresses on the other side were presented, tho I have the Originals of some by me, which were actually sign'd by the Country Gentlemen, and which were highly Expressive of their Assent to the Treaty, and of their Reasons for it, some of which were particularly the Danger of Popery, and of Introducing the old Tyranny in the Prince of Wales.

Nor can it but be reasonably supposed, That had the Noblemen and Gentlemen of Scotland, as well in the Parli|ament as without, who were Hearty in the Business of the Union, gone Home, and raised their Tenants, Vassals, and Dependencies, to have appeared for the Union, either in the Addresses, or in the Field, they would, taking it at first, as much have Overpowered the other Party without Doors, as they Outvoted them within, since it was known, that except the Duke of At—le, the principal Number of the Opposers, were not Men of the greatest Interest in their Country, I mean as to the Command of their Vassals and Attendants.

But they never brought it to the Extremity of that Tryal, and therefore the Motions of the Party as to General Aver|sions, being laid aside, they found themselves under a Necessity of Struggling in Parliament only.

The Endeavours of Mobbing the Parliament were supprest, and the Addresses obtained only a Reading, but had no direct Answer given them, other than the Proceedings of the House of Course, made out; the Thing now to be carried on within Doors was, to load the Treaty with Impracticable Amendments, while the Party without Doors endeavoured on the one Hand, to raise Tumults in the Country, bring up popular Addresses, and at last, down-right Rebellion, as in its place will appear: And on the other Hand, to Displease and Dissatisfie the Ministers, and bring them to appear publickly Uneasy; Of which we shall see further in its place.

The Debates of this day were very Warm, and several long Speeches were made, but it was impossible to obtain Abstracts of Speeches, which we could but just hear, and I shall not venture to Injure, either the Speaker or Hearer, by imposing my Language upon them, to Express what others said.

Long Debates were offered to the second part of the Vote above, viz. That the Union was Impracticable, that the Joyning of Nations could not be, would tend to Con|fusion, and be necessarily broken, as in the Vote. This was raised upon the aforesaid Book of Mr. Hodges, and proved evi|dently, that it was not his Hypothesis, but a Concert of Heads—, and his interfeiring Interests were here discours'd of.

I am not willing, to Examine into the Inconsistencies of some peoples Notions, started here in Matters of Interests, and how they raised Objections, which were not Grounded on Fact, Especially in Matters of Trade, I bury them in Silence, in respect to the Gentlemen; But it was next to Miraculous, to hear Men of sense alledge, That England got nothing by her West-India Trade, that most of her Forreign Trade was Engrossed by exclusive Companies, that Scotland

got nothing by Trading with England, that Scotland could Gain by any Foreign Trade but England, and the like; these things will more evidently be detected hereafter.

In short, a Federal Union was offered, That was understood, any thing but the Right, any thing but the Treaty now begun, be|anduse, could they have obtain'd a Vote against the present Teaty, the gaining Time for another Parliament had followed, and the Design of putting off, or delaying Time, had taken Effect.

Some Gentlemen, with extraordinary Reason and Force of Argument, endeavoured to Explain them the Absurdities and Inconsistencies of that Project, & put the House in mind, that it was not a Federal Union, or a better Union that those Gentlemen desired, but really no Union at all; And that the Design was to Defeat the Endeavours of the Union only, in order to bring in French Bondage, and King James VIII upon them.

Upon the whole, the other Party soon saw in the House, it would go against them, & therefore, before it was put to the Vote, the Duke of A—ole gave in his Protest, as in the Vote, toge|ther with the whole Party of Opposets, on whatsoever prin|ciple they Opposed; which Protest they had ready Concerted before, expecting, as was supposed, Things would go as they did, and that they should be Overpowered in the House.

I can not but Note here, that this great Debate, and on which the whole Weight of the Matter depended, happened on that Famous Day to Britain, I mean the very Day on which the Prince of Orange, afterward King William came to England, and was also the Birth-day of that Glorious Mo|narch.

On the same day, now a second time, the Fate of Britain had a new Turn, and the success of that gave a pleasant presage to many observing People of the future happy Issue of the Thing now in hand.

The Gentlemen, who let slip no occasion to puzzle the Debates of this Matter, had now conceiv'd great hopes of a Broil among the Ministers, and were exceeding busie, to fill the Heads of some of the Gentlemen of the Clergy with Jea|lousies and Dissatisfactions—, and yet I can not say, they brought in the Overture at this time, tho' they were always forward to push on that side too.

I can not say neither, that they met with no Encouragement here, or that there were no WarmHeads to be found in the Com|mission, who apter to take Fire than was to be wished, were more easily gain'd, but if there were any such, the Prudence and Moderation of the rest of the Commission, so Over-ruled them, as kept them from any Precipitations, and Contributed greatly to the General Safety; Of which I have spoken more largely in its place.

MINUTE XVI.

Wednesday 6. November 1706.

Prayers Said,

Rolls Called,

The Lord Chancellor Moved, That albeit he had no Opportuni|ty to Vote for Approving of the First Article of Union, yet he desired his Name to be Recorded, and to be Printed with those who Voted Approve, and the same was agreed to.

Address of the Commissioners to the General Convention of the Royal Burrows, subscribed by the Preses of the Convention, against Concluding such an Incorporating Union, as is contained in the Articles proposed, given in and Read.

Then the following Addresses were given in, viz. Address by Barons, Freeholders and others within the Shire of Renfrew, sub|scribing the same; Address by Barons, Freeholders and others with|in the Shire of Fife, subscribing the same; and an Address by the Magistrates of the Burgh of Falkland, Counsellors and Inhabitants therein, and of Heretors within the Paroch thereof, subscribing the same; all against allowing of an Incorporating Union, in the Terms contained in the Articles, with England, and were all Read.

And an Address by Heretors, Elders, and Masters of Families within the Paroch of Hamiltoun, subscribers of the same, That no Union be hastily entered into with England also given in and Read.

Act for Security of the True Protestant Religion and Government of the Church as by Law established within this Kingdom, again Read, and a first Reading Ordered to be Marked thereon.

Adjourned till Friday next at Ten of the Clock.

OBSERVATION XVI.

The Fatigue of the last day was so great, that both sides seem'd as it were, to take Breath; and little was done to day, except Reading the Church Act.

My Lord Chancellor, like the Speaker of the House of Com|mons, having no Vote in the House, unless on an equal Di|vision, his Lordships Name could not be Printed in the List of Names; but his Lordships Zeal was always remarkable in carrying on this Union, and in this in particular, his Lordship was resolved to let the World know, he was not asham'd of the part he had taken in this Affair, and therefore moved very Honourably to have his Name Printed with the rest of the Gentlemen who Voted for the Union, the List of whom I have put into the Appendix to this Work, because the Vote upon

this Article being the main Tryal of Skill in the House, upon the Union in General, and the House having Ordered them to be made Publick with the Minutes; it may not be Amiss to let Posterity see who, and who, were for, or against.

There were several other Lists Printed, upon the occasion of the following Votes, as per the respective Minutes will appear, which I have for want of Room, Omitted; The present List will be found marked—N. F x x.

MINUTE XVII.

Friday 8. November 1706.

Prayers Said,

Rolls Called,

Representation and Petition of the Commission of the General Assembly of this Church, Representing several Difficulties in relati|on to some of the Articles of Union, and Craving suteable Reme|dies, Read.

Then the following Addresses were given in and Read, viz. Ad|dress of the Inhabitants of the Paroch of Tulliallan subscribing the same; Address of the Magistrates, Town-Council, Merchants, Deacons of Crafts, and other Tradesmen and Inhabitants within the Burgh of Dumferling, Subscribers of the same; and an Address by Heretors, Merchants, Masters of Ships, Mariners, and other In|habitants in the Town of Borrowstounness; subscribing the same, all against allowing of an Incorporating Union with England, upon the Terms contained in the Articles.

As also, an Address of the Inhabitants of the Paroch of Blantyre, Subscribers of the same, and an Address of Heretors and Commoners in the Paroch of Avendale, subscribing the same, That no Union be hastily entered into with England, were likeways given in and Read.

Thereafter an Act for Security of the True Protestant Religion and Government of the Church, as by Law Established within this King|dom, was again Read.

Moved, That the Consideration of the said Act be delayed till next Sederunt.

Moved also, That the Parliament proceed to the Consideration of the Act for a Supply.

And after some Reasonings on these Motions, it was agreed to lay aside the Act for Security of the Protestant Religion and Church Government for this Sederunt, and to proceed to the Act for a Supply, and accordingly the Act for a Supply was again Read.

And it was agreed, That a Supply of Eight Months Cess should be granted to Her Majesty, for the Ends and Uses mentioned in the

Act, extending to Five Hundred and Seventy Seven Thousand Sixty Six Pounds, Thirteen Shilling, Four Pennies, and that it should be pay|able at the Terms following, viz. One Months Supply the Tenth of December for Martinmass next, One Month and a half Months Sup|ply at Candlesmass One Thousand Seven Hundred and Seven, One Month and a half at Whitsunday, One Month and a half at Lamb|mass, One Month and a half at Martinmass the said Year, and one Months Supply at Candlemass One Thousand Seven Hundred and Eight.

Moved, That, in place of the Retention of a Twelfth Part of Annualrents allowed by the above Act for a Supply, there be an Allowance granted for Retention of a sixth part of Annualrents, and after some Reasoning thereupon, it was put to the Vote, Ap|prove of the Article anent the Retention, or Amend, and it carryed Approve.

And after some Amendments, the Act was Voted and Approven.

Adjourned till the Morrow at Ten a Clock.

OBSERVATION XVII.

I have already given an account of the Birth of this Paper called, The Representation and Petition, and the several Diffi|culties it met with in the Commission of the Assembly, and which, some have said, was a Reason, why it met with less Encouragement in the Parliament, than was expected, but it may be worth Notice, that notwithstanding it did not meet with a very kind Reception, some of the Gentlemen having been disobliged in the Case of their Protest, yet the House did not wholly Omit the Things desired in it.

Some of the Gentlemen, who, as Ruling Elders, had pro|tested in the Commission, had it seems met with some Per|sonal Reflections from the Rashness of some Members; that was disobliging enough, and upon which they had withdrawn themselves from the Commission, and seldom, if at all, came there any more during the whole Sitting; And tho' the Rashness of the Persons who gave those Reflections, was not Approved by the Commission, yet it stuck a little too closs with some People, and it was thought, made them less careful of the Application made by the Ministers in this Case.

Upon the receiving the Representation or Petition into the House, there were no Debates of any Consequence, it was only Read, and the Act of Security being as per the Minutes Adjourned, the other lay by of Course.

The Money Bill now came on, and as the other Party thought the speeding of it might be a Step, to put an End to the Session, they all came into it, and gave it all the dispatch possible.

It was apparent, that in order to break up this Treaty, the Gentlemen studied all possible Methods to raise the Par|liament—, this they could never have done while the Funds remained Unsettled, because it being a Thing of such Consequence to the Kingdom, the whole Countrey would have laid it at their Door, and the Queen would have had the highest Affront put upon both Her Person and Govern|ment imaginable; And therefore this was one of the first Things they pusht at, and that made it pass immediately with no Opposition at all, those Gentlemen complying with it as it was removing an Obstruction to their General Design.

MINUTE XVIII.

Saturday 9 November 1706.

Prayers said,

Rolls Called.

The Act for Supply was Touched with the Scepter by Her Ma|jesties high Commissioner in the usual manner.

Thereafter the following Addresses were given in and read, viz. Address by the Provost, Baillies, Town-Council and Burgesses of the Burgh of Forfar subscribing the same. Address of Heretors and Commons in the Paroch of Cambusnethan subscribing the same; Ad|dress of the Heretors, Elders, and Heads of Families of the Paroch of Cambuslang subscribers of the same; Address by Heretors, Session and Inhabitants of the Paroch of Kilbryde subscribing the same; Address of the Heretors, Elders, and Masters of Families in the Paroch of Bothwel subscribing the same; And an Address by He|retors and Commons in the Paroch of Old Munkland subscribing the same: All against entering into an Union with England in the Terms of the Articles.

Thereafter the Act for Security of the True Protestant Religion and Government of the Church as by Law established within this Kingdom was again read; And upon reading the first Clause there|of, It was moved, that there should be a particular Enumeration made of all the Acts in favours of the Kirk; And after some Rea|soning thereon, the Vote was stated, Approve of the Clause as it stands, or amend and enumerat the Acts, and it carried Approve.

Then the second Clause of the said Act was read, and agreed to.

And upon reading the third Clause, it was moved, That an Ad|ditional Clause be added for securing the Continuance of the Uni|versities and Colleges of this Kingdom, and thereupon an Amend|ment being made in thir Terms; That the Universities and Col|leges of this Kingdom, viz. Of St. Andrews, Glasgow, Aberdeen and

Edinburgh, as now established by Law, shall continue within this Kingdom for ever: After some Debate thereupon, the Vote was put, Approve of the Clause as amended, or not; and it carried Ap|prove.

Adjourned till Tuesday next at ten of the Clock.

OBSERVATION XVIII.

The Amendments here made to the Act for Security of the Church, make it evident, that the Parliament did not slight|ly pass over that Affair, as some people pretended they would do, tho' they did not enter into the Debate of the Insufficien|cy which some offered, as Things which tended not to Amend|ments of the Act as it was offered, but to a Rupture of the Debate; for the People who offered at the Insufficiency of the Act, went upon this Foot; Not that this Overture or Act was an Insufficient Security, but that really the Union with England as an Episcopal Nation, was Inconsistent with the Safety of the Church of Scotland; and that not this Act only was, but any other Act that could be made, would be Insufficient to secure the Church of Scotland.

This appeared to be the plain Design, in that as I have already noted, the Gentlemen that spoke Loudest for the Insufficiency of the Act of Security, were not of those People, who really were most concerned for the Safety of the Church of Scotland; the Objections also were not Calculated for Amendments or Additions, but for De|stroying the Bill it self, as Built on the supposition of a Union, which, they said, Was a Foundation that would not bear such a Superstructure—. And tho' some well meaning Men too were of Opinion, that the Church of Scotland could not really be safe in a Union within England; yet these Gentlemen, as is noted, applyed it purely as an Obstacle to the Union, and as a Thing by which means, they hoped, to render the Union Universally Odious and Terrible to the People.

And this will be more apparent from the Protest entered into, after all the Clauses were Read, and after all Amend|ments, that could be reasonably desired, were agreed to, as will appear in the next days Minute.

MINUTE XIX.

Tuesday 12 November 1706.

Prayers said,

Rolls Called,

The following Addresses were given in and read, viz. Address of the Magistrates, Town-Council, Merchants, Deacons of Crafts and other Inhabitants within the Burgh of Crail subscribing the same; Address of Heretors and Commons in the Paroch of Easter-Munkland subscribers of the same; Address of Heretors and Commoners in the Paroch of Shotts subscribing the same; Address of Heretors and Com|moners of the Paroch of Dalserf subscribing the same; Address of He|retors and Commoners in the Paroch of Stenhouse subscribers of the same; Address of a Body of People in the South and Western Shires, subscribed by Mr. John Hepburn and other seven persons; and an Address of the Magistrates, Town-Council and other Inhabitants of the Burgh of Kircudbright subscribers of the same; All against al|lowing an Union with England in the Terms of the Articles.

Thereafter the Parliament proceeded to the further Consideration of the Act for Security of the True Protestant Religion, and Govern|ment of the Church as by Law established within this Kingdom, and the Fourth Clause thereof again read, whereupon it was mov|ed, that a Clause should be added in thir Terms, And that they shall be capable of any Office Civil or Military, and to receive any Grant, Gift or Right, and to have Command or Place of Trust from and under the Sovereign within any Part of Great-Britain: And after Debate there|upon, it was put to the Vote, Add the above Clause, or not; and it carried Not. And the Clause as it stood in the Draught of the Act agreed to.

Then the Fifth Clause of the Act was also read, and agreed to with some Amendments.

And the next Clause being again read and amended, was like|wise agreed to.

Whereupon the whole Act was again read, as also the last Repre|sentation and Petition of the Commission of the General Assembly of the Church, and a Vote was thereupon stated, Approve the Act, or not.

But before Voting, the Lord Beilhaven gave in a Protestation in thir Terms, That he did Protest in his own Name, and in Name of all those who shall adhere to him, That this Act is no valid Security to the Church of Scotland, as it is now established by Law, in case of an Incorporating Ʋnion, and that the Church of Scotland can have no real and solid Security by any manner of Ʋnion, by which the Claim of Rights is unhinged, our Parliament Incorporated, and our distinct So|vereignty and Independency abolished; which being read, he took Instruments thereupon: And the Duke of Hamilton, the Duke of

Athole, the Marquess of Annandale, the Earl of Errol, the Earl Ma|rischal, the Earl of Wigtoun, the Earl of Selkirk, the Earl of Kincar|dine, the Viscounts of Stormount and Kilsyth, the Lord Oliphant, the Lord Blantyre, the Lord Colvil, the Lord Kinnaird, Andrew Fletcher of Saltoun, John Brisbane younger of Bishoptoun, Mr. Willi|am Cochran of Kilmaronock, Sir Humphray Colquhoun of Luss, Ro|bert Rollo of Powhouse, John Murray of Strowan, Francis Molison, Mr. John Carruthers, and George Home adhered thereto.

Moved, That all the Members should be Marked, as they should approve the Act or not, and also as they should adhere to the Pro|test, and that the List of the Members, as they shall Vote pro or con, shall be printed, and agreed to.

Then the Vote was put, Approve, or Not; and it carried Approve.

Adjourned till Thursday next at Ten of the Clock.

OBSERVATION XIX.

The reading of the Act of Security having been begun last day, several Amendments were offered, such as first the Enu|merating the Acts of Parliament upon which it was grounded; This admitted no long Debates, if it had had any Significa|tion, it would have been granted, but it was generally esteemed a thing of no value, meerly unnecessary and trifling, and as such was rejected: The Reason given was, because one Act is particularly specified to be ratified by this Treaty, to wit, The 4th Act of the 1st Parliament of King William and Queen Mary, Intituled, An Act Ratifying the Confession of Faith, and Settling Presbyterian Church Government, and then it mentions, With the hail other Acts relating thereunto, which was thought sufficient and full enough.

The next Amendment was for the Colleges, which was found reasonable, and was hinted by some, who had, not without just Cause observed, how much the Schools of the Dissenters in England are regretted by some People, who en|vy the Encrease of their Number; And this therefore, as a most reasonable Demand, was immediately agreed to by the the Parliament, and is made part of the Act, as will appear by the Draught of the Bill.

The Fourth Clause had an Objection of greater Moment depending on it, which caused long Debates, and was built on a Foundation, however plausible and just in it self, had yet such a known Impossibility before it, morally speaking, as that no small Hopes were conceived from it, that it would shock the whole Treaty.

All Men know, That, in England, by the TEST ACT, as it is called, all Persons that obtain any Office, Civil or Mili|tary, &c. are obliged to take the Sacrament, according to the Usage of the Church of England, and to bring Certifi|cates, &c. of the same, under pain of Incapacity, among

other Penalties: Now it was a most plausible Argument, That, if the Subjects of both Kingdoms were to enjoy equal Privileges, the Subjects of Scotland taking the Sacrament in the National Church of Scotland, ought to be as capable of Places or Offices, &c. as the Subjects of England taking the Sacrament in the National Church of England.

Nor was this Matter carried a little Way, but became the Subject of infinite Discontents without Doors, and of long Disputes within—; It was suggested and printed too, by the same Author, of whom mention is already made, as Writing against the Ʋnion, That all the Members of Parliament in England were obliged to take the Sacrament before they could sit in the House, but this, as false in Fact, was crush'd at first, several Accounts being given of its being quite otherways—; But then this Clause coming in upon the Neck of that Surmise, it was thought a Popular Argument, and indeed was so: And the People began to be very uneasy about it, said the Parliament would give up all to the English; That this was so fair a Thing, it could not be argued against, and in|deed a great many People looked upon the Thing, viz. taking of the English TEST, as what they wished earnestly enough to have done; but the more penetrating Judg|ments saw further into the Depth of this, and finding it a De|sign purely strikeing at the Root of the Union, they were the rather inclined to drop it, tho' they at the same time desired it—, the Difficulty lying in this, That the Sacramental Test being a thing the English Parliament have been very Tenacious of, upon all Occasions, this would be to ask something which they knew would not be granted, and consequently put the Treaty to a Stop.

Others again proposed a Reciprocal Test to be placed in Scotland, to secure or exclude all such of the English Nation, as would not acknowlege this Church, &c. The Tenor of this was according to the following Copy, which they called a Formula.

I A. B. do Swear and Declare, That the Presbyterian Go|vernment of this Church is a lawful Government, and that I shall neither, directly nor indirectly, do any thing to the Alteration thereof.

But this also dropped of it self, for some People that were nevertheless against the Union; yet were against this sort of Reciprocal Oath, as a thing they did not approve on any Ac|count one or other.

there were some small Amendments to the Fifth and Sixth Clause, but not of Consequence, and thus this difficult Mat|ter was past into a Law.

There were some who clamour'd very much on this Head, and a great many personal Reflections were made, I will not say, altogether without Cause, viz. That the Church was aban|doned by her own Friends, or at least by those who pretended to be so; That, if they had asked more, it might have been

obtained; and that the Demands the Ministers made, were not duly weighed, much less answered; but yet it seems, on the whole, that the main Foundation Article, viz. The E|stablishment of the Church Government unalterable, was effec|tually secured; and tho' some particulars might be omitted, the Church has no open place left, at which her Enemies can wound her Constitution.

There were great Clamours raised, both within and without the House, about the Insufficiency of this Act of Se|curity, as that it was lessening the Security the Church already had by the Claim of Right, and not providing an Equivalent Security in the Room of it; That the very Treating of it, im|plyed a further Security was needful, and yet no further Secu|rity was provided, than alone confirming the Claim of Right.

This was the Foundation of the Proposal of the Reciprocal Test, or an Oath to secure the Church of Scotland, in like manner, as the Test Act is for the Security of the Church of England. Of which above.

Another Objection was, That tho' indeed the Act of Wil|liam and Mary was confirmed, yet, that the Act declaring it to be High Treason to Impugn the Claim of Right was not confirmed, nor the other Acts relating thereto specified—; Nor some Ancient obsolete Acts taken away, which stand unrepealed, and which are inconsistent with Presbyterian Government.

This was Answered, particularly as to Enumerating the Acts as above and as to Repealing the Acts, the Twenty Fifth Ar|ticle of the Union declares all Acts contraveening this Trea|ty to be so far, as they do so contraveen this Treaty, ipso facto Repealed, &c.

Again it was objected, That here was no Provision made for Prevention of Mischief to the Church, for want of a Com|mission or Court for Plantation of Kirks, and Valuation of Teinds, which is what the Church will be in great want of.

This was effectually Answered, by settling an Act of Par|liament, previous to the Union, for the Plantation of Kirks and Valuation of Teinds, Impowering the Lords of Council and Session to Judge, Cognosce and Determine in all Affairs and Causes whatsoever, which, by the Laws and Acts of Parliament of this Kingdom, were formerly referred to, and did pertain and belong to the Jurisdiction and Cognizance of the Commissioners formerly appointed for that Effect, as fully and freely in all respects, as the said Lords do or may in other Civil Causes.

The great and main Objections were against the Possibility of either Church or State being secured so by this Treaty, as that a British Parliament might not overwhelm it again by Plurality of Voices, which is a supposed Consent.

This, as the same, with the general Objection against the Union, was answered in the general Terms of the Union,

viz. That this was to remain Unalterable for ever, and there|fore could not be supposed to be Temporary.

Upon the Debate of these Things its plain, what I have so often alledged on these Gentlemen, and which therefore is not putting it as my Opinion, which I am not at all forward to offer to the World; but it appears, That the Objection of the Gentlemen did not so much ly against particular Clau|ses, tho' they thought fit to dispute their Ground by Inches there too, but this Objection lay against the general Head, The Ʋnion, and they brought every Head, as they went thro' them, to shock directly with the whole Treaty.

Thus in the Protest given in here by the Lords Dissenting, it is expresly said, That the Church of Scotland can have no real and solid Security by any manner of Union, &c.—as per the Minute.

Also it is to be noted here, That the Gentlemen of that side were the first who Moved to Print the Names of all those that Voted to the first Article, Pro and Con, which was thought at that time a day, an Exposing the Persons to the popular Resentment, the Tumults of the People beginning to be at that time very high.

But the other Party, who had agreed voluntarily to the, said Printing of Names, took the Advantage now, and Mov'd, That the same might be done also, in the Vote about the Church, by which the Episcopal Party were brought in, protesting in behalf of the Church: The Gentlemen would have avoid|ed it, but having been the first in putting the like upon the other, they could not shun it: This Exposed them very much, and opened the Eyes of many of the People, when they saw such People Voting for the Church, who never own'd the Church in their Lives; and others Voting against the Thing, who were constant Members of the Church, and had given constant proof of their Zeal for the Churches advantage.

And thus the Act of Security was past, and after Engrossed into the Body of the Articles, as will appear by the Act of Parliament.

MINUTE XX.

Thursday 14. November 1706.

Prayers Said,

Rolls Called,

The Lord Chancellor moved, that albeit he had no Opportuni|ty to Vote for approving the Act For security of the true Protestant Religion and Government of the Church of Scotland as now by Law esta|stablished; yet he desired his Name to be Recorded as an Approver,

and to be Printed among those who Voted Approve: And the same was agreed to.

Then the following Addresses were given in and read, viz. Ad|dress of Parochiners of Covingtoun, Carstairs and Symontoun subscrib|ing the samen; Address of Parochiners of Libertoun, Quothquan and Dunsyre subscribers of the same; Address of the Magistrates, Gentlemen, Heretors, Burgesses and Inhabitants within the Burgh and Paroch of Rutherglen subscribing the same; Address of the Pa|rochiners of Carnwath subscribers of the same; And an Address of Barons, Heretors and Free-holders within the Sheriffdom of Lanerk subscribers of the samen: All against allowing an Union with Eng|land in the Terms of the Articles.

Thereafter the second Article of the Union again read, where|upon a Motion was made in thir Terms;

"That before any Vote upon the second Article of Union, it be insert in the Minutes as a Preliminary, That the agreeing to the second Article of the Treaty in relation to the Succession to the Crown of Great-Britain, shall not be binding, or have any effect, unless Terms and Conditions of an Union of the two Kingdoms be finally adjusted and con|cluded, and an Act pass thereupon in this Parliament; And that the saids Terms and Conditions be also agreed to, and Ratified by an Act of the Parliament of England.

As also a Resolve was given in, in thir Terms, viz.

"Resolved, that this House will proceed to the Consideration of the Articles in the Treaty which relate to Trade and Taxes before any of the other Articles;

which being read,

After some Debate thereupon, the Vote was stated Proceed to the Consideration of the second Article of the Ʋnion in the terms of the above Motion, or proceed to the Consideration of the Fourth and other Articles of the Treaty which relate to Trade and Taxes.

And before Voting, it was agreed, That the Members should be marked as they Vote, and that the List of their Names should be Printed accordingly.

Then the Vote was put, Proceed to the second Article of Ʋnion in the terms of the Preliminary Motion, or proceed to the Fourth and other Articles; and it carried proceed to the second Article of Ʋnion.

Adjourned till to Morrow at ten of the Clock.

OBSERVATION XX.

The Observations on this day are referr'd to the next, there being nothing done, but the Vote to proceed.

The Opposion to this Vote was in order, if possible, to have delayed the Affair of the Succession, to have kept the Jacobite Party expecting, and consequently adhering to them in the Opposition, but they fell out quickly, as will appear in the next Minute.

MINUTE XXI.

Friday 15. November 1706.

Prayers Said,

Rolls Called,

Representation and Petition of the Commission of the General Assembly of this Church, Representing the Increase of Popery, Prophanity and other Irregularities; and craving the same may be restrained, and that the Succession to the Crown may be Established in the Protestant Line, Read; and remitted to the Committee for Examining the Calculation of the Equivalent, to consider of pro|per Methods for suppressing Popery, Prophanity and other Irregu|larities, and for Execution of the Laws already made; and to con|sider what Laws may be further necessary for the effectual suppressing thereof, and preventing the same.

Then the following Addresses were given in and Read, viz. Ad|dress of Merchants and Trades of the City of Glasgow, subscribers of the same; Address of Feuars, Masters of Families, and other In|habitants of Gorbels, and Mure thereof subscribing the same; Ad|dress of the Parochioners of Biggar, subscribers of the same; And two several Addresses of Barons, Heretors and Freeholders of the Shire of Lanerk, subscribing the same, all against allowing an Uni|on with England in the Terms of the Articles.

Thereafter the second Article of Union was again Read, with the preliminary Motion mentioned in the former days Minutes.

Whereupon it was moved, That the Parliament do proceed to settle the Succession upon Regulations and Limitations in the Terms of the Resolve given in and narrated in the Minutes of the Fourth of November instant, and not in the Terms of the second Article of Union.

Moved also, To Address Her Majesty, and to lay before Her the Condition of the Nation, and the great Aversion in many persons to an Incorporating Union with England, and to acquaint Her Majesty of the Inclinations and Willingness to settle the Succession in the Protestant Line upon Limitations, and in order thereto that some Recess be granted.

And after Debate upon these several Motions, a Vote was pro|posed, Approve of the second Article of Ʋnion in the Terms of the pre|liminary Motion insert in the former Days Minutes, or not.

And after some furder Debate, there was a second State of a Vote offered in these Terms, Address or not.

And after some Reasoning, which of the two should be the state of the Vote, it was put to the Vote, Whether first or second, and it carried first.

But it being Moved, That some further Reasoning should be al|lowed before the Vote were stated for approving the second Article of Union; after some Debate thereupon, it was agreed, That the English Acts of Parliament mentioned in the second Article of Union be Read, and that immediately thereafter without further Debate, a Vote should be stated, Proceed to call the Vote for approving the second Article of Union, or Delay, and if it carried Proceed, that the Vote immediately thereafter, without any interveening Debate be put, Approve of the second Article of Union in the Terms of the preliminary Motion mentioned in the last Days Minutes, or not.

And accordingly the Acts of the English Parliament mentioned in the second Article of Union were Read.

Thereafter the Vote was put, proceed to call the Vote for ap|proving the said second Article of Union, or delay, and it carried proceed.

Then the Vote was put, approve the second Article of Union in the Terms of the preliminary Motion insert in the last Days Minutes, Yea, or Not.

But before Voting the Earl Marischal gave in the following Pro|test, whereby he did protest for himself, and all those who shall adhere to this Protestation,

That no person can be designed a Successor to the Crown of this Realm, after the Decease of Her Majesty (whom GOD long preserve) and failʒieing Heirs of Her Body, who is Successor to the Crown of England; Ʋnless that in this present Session of Parlia|ment, or any other Session of this or any ensuing Parliament during Her Majesties Reign, There be such Conditions of Government Settled and En|acted, as may secure the Hononr and Sovereignity of this Crown and Kingdom, the Freedom, Frequency and Power of Parliament, the Reli|gion, Liberty and Trade of the Nation, from English or any Foreign In|fluence;

Which being Read, he took Instruments thereupon, and the Dukes of Hamilton and Athole, the Earls of Errol, Marischal, Wigtoun and Strathmore, the Viscounts of Stormount and Kilsyth, the Lords Saltoun, Semple, Oliphant, Balmerino, Blantyre, Bargany, Colvil and Kinnaird, George Lockhart of Carnwath, Andrew Fletcher of Saltoun, Mr. Alexander Ferguson of Isle, John Brisbane younger of Bishoptoun, Mr. William Cochran of Kilmaronock, John Grahame of Killairn, James Grahame of Bucklyvie, Robert Rollo of Powhouse, John Murray of Strowan, James More of Stonywood, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouse, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie younger of Boyn, James Sinclair of Stempster, Mr. George Mackenzie of Inchcoulter, Alexander Edgar, James Oswald, Alexander Duff, Francis Molison, George Smith, Robert Scot, Robert Kellie, John Hut|chison, Archibald Sheills, Mr. John Lyen, Mr. John Carruthers, George Home, John Baine, and Mr. Robert Frazer adhered thereto.

And it was agreed, That the Members shall be marked as they shall adhere to the Protest; and also as they shall Vote Approve

or not, and the List of the Members Names as they shall Vote pro or con, be Printed.

Then the Vote was put, Approve or not, and it carried Approve.

And the Lord High Chancellor was allowed to have his Name Printed and Recorded as an Approver; As also to be Recorded and Printed amongst those who Voted proceed to the second Article the last Sederunt.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION XXI.

The Debates of this Day made yet a larger Discovery of the Affair, and the Gentlemen who were against the Union, struggling on all Occasions against the going on of the Ar|ticles, took now a new measure.

The Marquess of An—dale made this Motion for the Suc|cession, as appeared by the Lord Beilhavens Speech; There had been a Party of Gentlemen, as was before observed, who were always for the Succession with Limitations, but were opposed by others who were intirely against' the Succes|sion at all, as it respected the House of Hannover: But as several People differing in their other Sentiments, yet joyned in their opposing the Union, so here the strongest Opposers of the Succession came now into the Thing they had so long opposed, and moved now for the Succession with Limitations, in order to avoid the Union.

My Lord Beilhaven seconded this with another Speech, which was afterward printed, in which his Lordship moved for settling the Succession upon the Princess Sophia of Hannover &c. I have printed this Speech the rather, because it is really the Substance or Recital of three Speeches, as will be seen in the particulars of it, and shews plainer than I can otherways ex|press, how that part was acted.

My Lord Chancellor.

Your Lordship may remember the last day, when we had under Consideration, whether to proceed to the Fourth or Second Article, That I did Witness my Con|cern and Resentment, to find so many Honourable and Worthy Members of this House, so forward to finish the Demands of England, in this Treaty; without tak|ing Notice of any one Article, that could be properly said to relate to the Demands of Scotland.

Now, that we are entered upon the Second Article, I desire to be resolved in one QƲESTION, What are the Motives, that should engage us to take England's Succes|sor upon their own Terms? Is it not strange, that no

ANSWER should be given to this Question, save that, When you come to consider the rest of the Articles, you shall be satisfied on that Demand? This is a new way of Ar|guing, My Lord, a Method without Precedent, ranver|sing Nature; and looks more like Design than Fair-Dealing. I profess, I think the Huge and Prodigious Rains, that we have had of late, have either drowned out, or found out another Channel for Reasoning, than what was formerly; for by what I can see by this New Method, the Agreeing to the First Article, shall be found a sufficient Reason, why we should agree to the Second, and the Agreeing to the Second for the Third, and so for all.

If there was ever such a Farce acted; if ever Reason was Hudibras'd, this is the time: Consult all the Treaties since the beginning of the World to this day, and if you can find any one Precedent, I shall yield the Cause.

I shall Instance, My Lord, one for all, and that is, The first and worst Treaty that ever was set on Foot for Mankind; and yet, I am sorry to say it, there appears more Ingenuity in it, than in our Procedure: When the Serpent did Deceive our Mother Eve, he proposed three Advantages, before he presum'd to Advise her to to Eat the Forbidden Fruit: The First was taken from the Sight, the Second from the Taste, and the Third from the Advantage following thereupon. That from the Sight, was inforced by a Behold, how lovely and comely a thing it is, it's pleasant to the Eye. That from the Taste, from a Perswasion, that it was Good for Nourishment, it's good for Food. That from the Advantage, it will make you wise, ye shall be as the Gods; therefore, upon all these Considerations, Eat.

Allow me, My Lord, to run the Parallel of this, with Relation to our Procedure in this Treaty.

Upon the first Account that our Nation had, of the Treaty's being finished betwixt the two Nations, People appeared all generally very well satisfied, as a thing that would tend to the Removal of all Jealousies, and the settling a good Understanding betwixt the two Kingdoms. But, so soon as the Articles of the Treaty ap|peared in Print, the very Sight of them made such a Change, as is almost inconceivable; they were so far from being pleasant to the Eye, My Lord, that the Na|tion appears to abhor them.

One would think, My Lord, That it had been the Interest of those, who are satisfied with the Thing, to have gone immediately into the Merits of these particu|lar Articles which relate to Scotland, and to have said, Gentlemen, be not affrighted with their ugly Shape, they are better than they are bonny; Come, Taste, come make a

narrow Search and Inquiry, they are good for Scotland, the wholesomest Food that a Decaying Nation can take: You shall find the Advantages, you shall find a Change of Condition, you shall become Rich immediately; you shall be like the English, the most Flourishing and Richest People of the Ʋniverse.

But our Procedure, My Lord, hath been very far from the Prudence of the Serpent; for all our Arguments have run upon this blunt Topick, Eat, swallow down this Incorporating Ʋnion, tho it please neither Eye nor Taste, it must go over: You must believe your Physicians, and we shall consider the Reasons for it afterwards.

I wish, My Lord, That our Loss be not in some small manner Proportionable to that of our first Parents, they thought to have been Incorporate with the Gods: But in place of that, they were justly Expelled Paradise, Lost their Sovereignty over the Creatures, and were forced to Earn their Bread with the Sweat of their Brows.

My Lord Chancellor, I have heard a Proposal, made from the other Side by the Marquis of Annandale; That, in place of Agreeing to this Second Article, where|in the Succession is to be Declared, as a Consequence of our being United to England in one Kingdom, we should immediately go to Intail our Crown upon the Illustrious Family of Hannover, upon such Conditions and Limitations as are in our own Power to make, for the Security of our Sacred and Civil Concerns. I think, This is the Import of what his Lordship gave in, by a Resolve formerly, and hath told this Honourable House, That he thinks, he acts Consequentially to his Former declared Principles, and that this is now the on|ly Measure, which can settle and secure the Peace and Quiet of this Nation, and fix a firm Security for the Pro|testant Interest, and a perfect Understanding betwixt the two Nations.

I have also heard a Discourse, by his Grace the Duke of Hamilton, shewing, That ever since his Grace had the Honour to be a Member of this Honourable House; he had made it his Business to serve the Sovereign and his Nation faithfully and honestly, without any By-Ends, By-Views, or Self-Interests; That before the Affair of the Succession was Tabled in Scotland, he had endeavoured to promote the Interest of his Nation, by Good Laws, and by the best Counsels he was capable to give, for rectifying Things amiss, and advancing the solid Interest of his Country; That since the Affair of the Succession came to be Considered, he could never give himself the Liberty to believe, but that previous to any Settlement, we ought to have had such Conde|scensions

with Relation to Trade and Commerce from England, as might Retrieve the Losses the, Nation hath sustained from them, ever since the Union of the Two Crowns under one Sovereign; and that thereupon, to prevent all Faction and Party in the Treating of an Affair of such Importance, he had freely left the Nomination of the Lords Commissioners to Her Majesty, and wishes the Choice had been Answerable to his Design: But none can accuse him as Bargaining for himself, since he has no Reason to Complain of the Breach of any Sti|pulation upon that Head; That now having Consider|ed the Articles of this Treaty lying before us, and the Fatal Consequences that may follow upon the Finishing of an Incorporating Union with England, with the ge|neral Aversation that appears by the Addresses from the several Shires of the Kingdom, and particularly from the Address of the Commission of the General Assembly, and of the Royal Burrows of Scotland; he finds it necessary to al|ter his Thoughts of that Matter, That he was none of these who loved to keep Things Loose and in Confusion; He had an Estate in both Kingdoms, and therefore it was not to be supposed, he would make use only of a Treaty, to throw out the Succession one time; and of the Succes|sion, to throw off the Treaty another time. Therefore to prevent worse Consequences, he is content, That in this Parliament, the Succession be Declared and Settled upon the Illustrious Princess Sophia Electoress of Hannover, and the Heirs of Her Body, upon such Conditions and Limi|tations as shall be found necessary by this Parliament, to secure our Civil Rights and Liberties, the Independency and Sovereignty of the Nation, & the Presbyterian Govern|ment of this Church, as it is Founded upon the Claim of Right, and Established by Law, and whose Privileges and Settlement he Resolves to Support with the Outmost of his Power.

And therefore, his Grace thinks himself Obliged with all Humility in this present Juncture of Affairs, to Address himself particularly to His Grace My Lord Com|missioner, and to beg of his Grace, That he would be pleased to acquaint Her Majesty with the True State of the Nation, and with the Proposal made for Allaying the present Ferment and Settling a Solid Peace and Good Un|derstanding betwixt Her Two Kingdoms, and that a small Recess may be granted in the mean time, till Her Maje|sty's Gracious Answer come, which, with all Submission, he conceives, will prevent these Bad Consequences, that the further Pushing on of this Treaty may occasion. I think, My Lord, this is materially what his Grace said, tho' not so fully nor so well expressed.

Now, My Lord, it remains, that I give Account of my self and of my own Opinion of this Affair: All who know me, My Lord, know that I have been from the beginning on a Revolution foot; I ventured my Life and Fortune with the First, and I have ever since acted Consequentially to my Principle. It's true I was never a good Courtier under any Reign; because I had a Rule for my Obedience, and never made Obedience my Rule; my Reputation was never stained, Nor had I ever any Reproach laid upon me, save when I was brought in, Head over Ears, in a SCOTS PLOT, A Plot, very well known, design'd to blast the Reputation of a Set of People, the best affected to the Sovereign, and to the true Interest of their Nation, that ever Scotland bred. What my Opinion was with Relation to the Succession is very well known also, I lookt upon Limitations with another Eye, than some others were pleased to do, I was far from Treat|ing them in Ridicule; Because as all Human Affairs, they are lyable to Alterations, and might be taken off: that Argument proves too much, and Con|sequently proves nothing at all. Should a Man refuse to have a good Estate settled upon him, because he may squander it away, and become Bankrupt? Must a Good Law be refused, because it may afterwards be Re|pealed? No, My Lord. Where the Power is lodged in our selves, we have all Human Security Imaginable for the Thing; It is not so, where the Power is lodged in others: therefore I shall alwise Choose that Security, which depends upon my self, preferable to any other.

This, My Lord, hath Confirmed me, That Limitati|ons of our own making is the best Security; tho I alwise thought them not the Full, of what we merited, for the going into the English Succession. For Considering the Injuries, that we have received from them, we ought to have Reparation upon this Emergent: and I think with|out Incorporating with them, they might have given us some small Incouragement in our Trade with them, which would have been profitable unto us, and no man|ner of way prejudicial unto them, as I can clearly Demon|strate, if there be Occasion for it: But since this is not the proper Place nor Season for such Proposals, I shall go in with the Proposal made by the Marquis of Annan|dale, and fortified by his Grace the Duke of Hamilton: because I think, it is the best that we can make of it at this time, the fittest Measure to prevent Civil Wars, allay the Ferment of the Nation, and far preferable to this In|corporating Ʋnion, which as to us in all it's Clauses ap|pears to be most Ʋnreasonable.

This was a Politick Speech, there appeared some ill Nature in it, & a great deal of Satyre upon the Union, but that was the Temper of the Times, and must be past over on that account; nor shall I say any thing to it here, the Noble Person that made it, acquiesced in the Union freely enough when it was made; as shall appear in its place.

But I can not pass it over without observing, That—this Speech gives Light into several Things; First, It gives a hint at the Suggestion that had been made of D— H—s aiming at his own Title in all his former Oppositi|on made against the Succession, as well formerly as now, and clears that Noble Person from all supposition of such a thing, by his having offered now to come into the Succession.

Secondly, It gives a true sight of the genuine Reason of all this sudden Complyance with the Succession, a Thing which had something very surprizing in it, and which, some thought, must have presently carried abundance of People from the other Party, the Design being, as was afterward publickly own'd, if possible, to Evade the passing this Article, as a Branch of the Ʋnion. The Case was, They were content with the Succession, as an Act of the Parliament of Scotland, settled and Established in the Form, necessary in that Case; but they would not have the Succession brought upon them as the Consequence of the Union.

And at last, they had this at the Bottom of it all, That if the Succession had been taken, as it was now offered, it must have been taken in stead of the Union, and that had answe|red the present Occasion, viz. Diverting the Grand Affair of the Union.

But they met with a double Disappointment in this, First, As to offering the Succession in stead of the Union, they came too late, since the Party who were for the Succession formerly with Limitations, were now come into the Union, as the best Scheme of Limitations they could ever hope to attain, and would not go back, finding the Union a better Scheme of Limitation than their own, because it Entitled them to all the Limitations already settled in England, which they could not but allow, were more and better than any they had proposed in Scotland, or than indeed they could expect to obtain.

Secondly, They were disappointed in the way, for the Jacobites who held with them before in Opposing the Union, broke with them here, since they found themselves abandon'd by them in the main Article for which they opposed the Uni|on, viz. The Transposing the Crown, as they called it, from the Son of the late King James; and if they were obliged to quite the Article of the Succession, the rest was indifferent to them.

And therefore you find the Protest at the End of the Vote of this Day, was directly against the Union, tho' it was put in the usual Form, of the former Article of Limitations; so these things did but increase the Division, and weaken the Party that Op|posed the Union, and by that means gave the more Room for those who were for the Union, to carry it; And thus the Second Article past, which concluded the Settlement of the Protestant Succession. And it was to be observed, that the settling this Article was very satisfactory to abundance of People, who were otherwise not very well reconciled to the Treaty, and gave a Handle to the Friends of the Union, to bring some People to a clearer sight of their Interest, since they might see the Union was the readiest way, and perhaps the only way, to obtain the Protestant Succession, and to se|cure it upon the firmest Foundation, and on the best Limi|tations, a Thing which had been long wish'd, and very much struggled for before.

MINUTE XXII.

Munday 18. November 1706.

Prayers Said,

Rolls Called,

Then the following Addresses were given in and Read, viz. Ad|dress of Barons, Freeholders and others within the Stewartry of Kirkcudbright subscribing the same; Address of Heretors and House|holders of the Paroch of Crawford subscribers of the same, Address of Heretors and Housholders of the Paroch of Crawford-John sub|scribing the same; Address of the Magistrates, Dean of Guild, Thesaurer, Guild Council, Deacons of Trades, Members of the Town Council of the Burgh of Couper in Fife and others, Gildry, Trades and Burgesses of the said Burgh, subscribers of the same; Address of the Presbytery of Lanerk subscribing the same; And an Address of Heretors, Elders and Masters of Families in the Town and out Paroch of Lanerk subscribers of the same, all against an Union with England, in the Terms of the Articles.

Thereafter the third Article of Union was again Read.

Whereupon it was moved that the agreeing to the third Article of the Treaty, in relation to the Parliament of Great-Britain shall not be binding or have any effect, unless Terms and Conditions of an Union of the two Kingdoms, and particularly the Constitution of the said Parliament be finally adjusted and concluded, and an Act pass thereupon in this present Parliament, and that the saids Terms and Conditions be also agreed to, and Ratified by an Act of the Parliament of England, the Constitution of the said Parliament of

Great-Britain being left intire, until the Parliament come upon the twenty second Article.

Moved also to proceed to the consideration of the fourth and other Articles of Union before the third.

And after some Reasoning thereupon, it was put to the Vote, proceed to the Consideration of the third Article in the Terms of the above Motion relating thereto, or proceed to the fourth Ar|ticle; and it carried, proceed to the third.

And accordingly the Parliament proceeded to the consideration of the third Article; And after long Debate thereupon, a Vote was stated, Approve of the third Article in the Terms of the above Motion relating thereto, yea or not.

But before Voting, the Marquess of Annandale gave in a Protest, upon the Foot of his former Resolve presented to this House, and contained in the Minute of the 4th of November instant, and craved that the Narrative thereof might be prefixed thereto, and which Narrative and Protest, is as follows, viz.

"Whereas it evidently appears, since the Printing, Publishing and Considering of the Ar|ticles of Treaty now before this House. This Nation, seems Ge|nerally averse to this Incorporating Union, in the Terms now be|fore us, as subversive of the Sovereignty, Fundamental Constituti|on and Claim of Right of this Kingdom, and as threatning Ruine to this Church as by Law Established.

"And since it is plain, that if an Union were agreed to in those Terms by this Parliament, and accepted of by the Parliament of England, it would in no sort answer the peaceable and friendly ends proposed by an Union; But would on the contrair create such dismal Distractions and Animosities amongst our selves, and such Jealousies and Mistakes betwixt us and our Neighbours, as would involve these Nations into fatal Breaches and Confusions.

"Therefore I do protest for my self, and in Name of all those who shall adhere to this my Protestation, That an Incorporating Union of the Crown and Kingdom of Scotland, with the Crown and Kingdom of England, and that both Nations shall be Repre|sented by one and the same Parliament, as contained in the Articles of the Treaty of Union, is contrair to the Honour, Interest, Fun|damental Laws and Constitutions of this Kingdom, is a giving up of the Sovereignty, the Birth-Right of the Peers, the Rights and Privileges of the Barons and Burrows, as is contrair to the Claim of Right, Property and Liberty of the Subjects, and third Act of Her Majesties Parliament 1703, by which it is declared high Treason in any of the Subjects of this Kingdom, to Quarrel, or endeavour by Writting, Malicious and advised Speaking, or other open Act or Deed, to alter or innovate the Claim of Right, or any Article thereof: As also, That the Subjects of this Kingdom, by surren|dering their Parliaments and Sovereignty, are deprived of all Se|curity, both with respect to such Rights, as are by the intended Treaty stipulated and agreed, and with respect to such other Rights, both Ecclesiastick and Civil, as are by the same Treaty pretended

to be reserved to them. And therefore I do protest, that this shall not prejudge the Beeing of future Scots Parliaments and Conventi|ons within the Kingdom of Scotland at no time coming.

After Reading whereof, he took Instruments thereupon, and it was agreed, That, at calling the Rolls, the Adherers to the above Protest should be so marked; And also, That the hail Members be marked as they shall Vote, Approve or Not, and that a List of their Names, as they shall Vote Pro or Con, shall be printed. And the Lord Chancellor was allowed to have his Name Printed and Record|ed as an Approver.

Then the Vote was put, Approve of the Third Article in the Terms of the Motion relating thereto, or not, and it carried Ap|prove.

And the Dukes of Hamilton and Athole, the Earls of Errol, Marischal, Strathmore and Selkirk, the Viscounts of Stormount and Kilsyth, the Lords Saltoun, Semple, Oliphant, Balmerino, Blantyre, Bargany, Beilhaven, Colvil and Kinnaird, George Lockhart of Carn|wath, Sir James Foulis of Collingtoun, Sir John Lauder of Fountain|hall, Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longforma|cus, Mr. Alexander Ferguson of Isle, John Brisbane younger of Bishop|toun, Mr. William Cochran of Kilmaronock, James Grahame of Buck|lyvie, Robert Rollo of Powhouse, John Murray of Strowan, James More of Stonywood, John Forbes of Colloden, David Beaton of Balfour, Ma|jor Henry Balfour of Dunboog, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouse, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie younger of Boyn, Alexan|der Mackghie of Palgown, Mr. George Mackenzie of Inchcoulter, Alexander Robertson, Walter Stuart, Alexander Watson, Alexander Edgar, James Oswald, Francis Molison, Robert Scot, Robert Kellie, John Hutchison, Archibald Sheills, Mr. John Lyon, Mr. John Carruthers, George Home, John Baine, and Mr. Robert Frazer adhered to the Protest given in by the Marquess of Annandale.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXII.

The Parliament were all this while Debating the Gene|rals of the Treaty, and therefore the Debates were also in general: The Work of this Day was not at all debating what Number of Members should be the Proportion of the Parliament, or how, or in what manner they should be cho|sen, and the like; but whether Britain, as now to be Unit|ed, should be Represented by one and the same Parliament, yea or no.

The Debates were very long upon this Head; And as, in other Cases, it had, for some Days, taken up part of their Time, in Reading the long Addresses of Shires, Burghs and

Parishes against the Union; so, on this Day, there were some very particular ones reserved, and which seemed to be calculated for the Day, in which, according to the Popular Arguments of the Time, the Union was called a Surrendering the Sovereignty of Scotland to the English.

I could never indeed see any Schemes offered, or learn that there was any such Proposal, in what manner those that were for reserving the Parliament of Scotland, would have formed two separate Parliaments in an United Kingdom; so that the Debates of this Day were not of what should be, but of what should not be; and the Uniting the Parliament was objected against, but without offering an Alternative of what they would have in the Room of it.

The principal Arguments made use of in this Days Debate were,

• 1. That Uniting the Parliament, was actually giving up the Constitution of Scotland.
• 2. That it was subjecting Scotland to England.
• 3. That it was dangerous to the Church of Scotland, whose Government was to be subjected to a Parliament of Episcopal Members.
• 4. That it was contrary to the National Oath or Cove|nant.

It is not my Design to make Arguments of my own, in order to answer them, or to make this History a Dispute, instead of a Relation of Fact—: But there having been such loud Clamours against the Union in general, and such violent Struggles against it in Parliament, it may not be in|consistent with an History, to relate the Foundation on either side which they acted upon, and as much of the Argument on both sides, either within the House or without, as is useful to let the Reader into a true Understanding of the Transacti|ons of this Critical Time; and for this Reason I have divid|ed this Part into the Minutes and Observations, the one is perfectly Historical, the other Explanatory of the Particulars, and I hope I need make no more Apology for the Method.

• 1st, It was alledged, That this Conjunction of Par|liaments was a giving up the Constitution; Or, as it was frequently Worded in their printed Addresses, sur|rendering the Sovereignty and Independency of Scot|land.
• It was answered, This was from a Defect in the com|mon Acceptation of the Word ƲNION, as it was now Treating of, and of its full Extent—of the Unions being CENTERAL and ƲNIVERSAL; in which it was alledged, That the Union now Treating of was, in the utmost possible Meaning of the Word, comprehen|sive of every Good to both; exclusive of all manner of Preference or Disparity of Parts, abhorring all things In|jurious

• or Diminishing to either; a full Coalition, a general Incorporation of Nations, of Interests, of Power, and of Safety:—A Sameness of Circumstan|ces and of Sympathies; becoming one and the same Body, with one and the same Head, Life, Soul, Nutri|ment, Point and Period; an Union of the very SOUL OF THE NATION, all its Constitution, Customs, Trade and Manners, must be blended together, digest|ed and concocted, for the mutual United, Undistinguish'd Good, Growth and Health of the one whole United Body; and that all the Suggestions of subjecting or surrendering one part to another, were owing to the want of a right Conception, both of the Terms and of the Thing designed by the Term ƲNION.
• It was urged further, That this extended Signification of the Union excluded all possibility of a Separation of Interests, or Clashing of Properties, and that mutual Protection, mutual Increase, mutual Improvements were the Consequences to be expected, not from this or that Circumstance, Policy or Management, but from the Nature of the Thing.

One may be sure these things were warmly argued within Doors, when without, the People were in the utmost Fermen|tation, and the whole Nation seemed as in an Agony, the Enemies of the Union went about Bemoaning Scotland, and Sighing, as they called it, for the Dying Constitution, and a Noble Lord within, standing up to make a Speech on this Occasion, but being stop'd by the Order of the Day, said Mournfully, It was hard he could not be allowed to speak one Word for their Dying Country—; These and the like Speeches had put the People in the last Degree of Concern.

The Capital Arguments made use of on this Occasion, and made Popular against the Uniting the Parliaments, were such as these,

• 1. That whatever Agreement is now concluded between the two Kingdoms, will never be binding to the New Parliament.
• 2. That the two Kingdoms effectually subject them|selves to the New Parliament, all the Conditions stipu|lated on either side to the contrary in any wise notwith|standing.

To this it was Answered, That the British Parliament were absolutely bound up by the Stipulations of this ••reaty; that they being a subsequent Power to the two respective Parlia|ments of either Kingdom, had no other or further Power to act, than was Limited them by the Stipulations of both King|doms; That all subsequent Power is inferior in its Extent to the Power which it derives from; That the Parliament of Britain being the Creature of the Union, formed by ex|press

Stipulations between the two separate Parliaments of En|gland & Scotland cannot but be unalterably bound by the Con|ditions so stipulated, and upon which it received its Beeing, Name and Authority: The Foundation of a British Parlia|ment, is this Treaty; to say, They will not be bound by it, is to say, they will pull themselves up by the Roots: they dye when the Union receives any mortal Wound; they cannot infringe one Article of the Union; they cannot put a Question in the House upon any one Article.

As to the Objection, That there was a Surrender of So|vereignty and Constitution, and delivering Scotland bound Hand and Foot into the absolute Dispose of the English.

This was Answered by way of Question and Answer, a|mong other Things, thus,

Q. What is it constitutes the Parliament of Britain?

A. The Ʋnion. Let any Man give another Answer to it, if he can.

Q. How is it constituted?

A. By Treaty between two Nations by their Heads and Representatives, viz. the Queen and Parliament of each Kingdom.

Q. How do they bring it to pass?

A. By mutual altering their respective Constitutions, and forming one general Constitution upon a Treaty of Equalities and Equivalents; the Stipulations of which Trea|ty are agreed to by the Constituent Parts of the subsequent Body.

Q. Ʋpon what Right doth the present respective Parliaments depend?

A. The Natural Right of the Free-holders of both King|doms, which entitles them by the Possession of their Lands, to have the free Exercise and Power of making the Laws by which they are to be governed.

Q. Does this new Constitution destroy that Right?

A. Not at all, but reserving that Right, which indeed it cannot destroy, agrees to limit the Exercise of it by such and such Forms, and on such and such Conditions, which Conditions are the Limitations of the Power of the new Par|liament, as being the Act and Deed of the old Parliaments, whose Constitution was founded on Original Right.

The next Popular Argument, & which took up much of the Debates of this Day, was, That the Parliament had not a Power to it into this Ʋnion; Or, as it was Worded in the publick Ad|dresses, That 'tis not in the Power of the Scots Government to con|clude such an Ʋnion, without a manifest Violation of Trust, and with|out doing a manifest Act of Injustice, Oppression and Ʋsurpation a|gainst the Fundamental Rights and Liberties of this Free Kingdom; and this was the Substance of most of the Addresses present|ed to the Parliament.

This was Answered by Enquiring into the Right Parlia|ments had to Lessen, Enlarge, or Limit the Representative; of which when the Number of Members comes to be Treated of.

The last Argument, and which indeed was made more use of without Doors than within, was the Danger to the Church Government of Scotland, by the Uniting the Representative; in which it was argued,

• 1. That the British Parliament being chiefly Com|posed of Persons of another Communion, might, when ever they pleased, by a Majority of Votes overpowering the Scots, Overthrow their Church, introduce Episco|pacy, and reduce the Presbyterians to a Toleration, or perhaps worse.
• 2. That there being twenty six English Bishops sitting in the House of Peers, and who were by this Treaty to continue sitting there; this was subjecting Scotland in all its future Laws, to the suffrage of Bishops, and by consenting to the Treaty in which they were Established, it was Recognizing and Establishing Episcopacy, which was to involve the Kingdom of Scotland in National Perjury, they being obliged by the National Covenant, never to subject themselves to Episcopacy, but to their power to Reform the Churches of both Kingdoms.

These Suggestions indeed had but too much Success Abroad, and were the principal Subject of the several Ad|dresses, some of which the Reader may see in the Appendix, as a Sample of the rest.

The Arguments had their particular Answers, too long to insert here, and are Touch'd in another part of this Work, the general Answer is contained in the former Paragraphs, viz. the Obligation of the future Parliament to the exact Observation of the Treaty, in which the Security of the Church of Scotland was particularly provided for, and left Unalterable for ever—. A Security so firm as the Church of Scotland never enjoyed before from any Civil Government, or Humane Au|thority in the World.

As to the Objection about the Covenant, it was indeed mentioned in most of the Addresses, but it was never menti|oned in Parliament at all; or at least, not so as to come to any Debate, or to put any Question upon it; and therefore I refer it to its proper place.

There were several long Speeches made on this Article, some to shew, that it was not in their power to Vote upon it at all, without Consulting Constituents, that the Parliament was a Fundamental of Government, and could not be so much as altered, much less given up—, and that this Treaty was an entire Surrender of the Constitution. It would take up too much Room in this Work, to repeat all the Argu|ments brought on this Head, or to insert the Speeches that were

made much more to Collect the Arguments brought by way of Answer—; But as the following Speech was made on this day, and seems to be a full Answer to the Main of these Ob|jections, I could not omit it, as it was spoken by a Gentle|man eminently concerned, both in the present Debate, and in the Treaty at London.

A Speech in Parliament spoken by Mr. Seton junior of Pitmedden November 18 1706, upon the Subject of the third Article then being in Debate in the House.

My Lord Chancellor,

Having heard with much Attention the third Ar|ticle Debated; I find it lyable with the other Articles of this Treaty, to be put in a false or true Light by the Speakers to it, in proportion to those Notions they have of the Nature of this Union: What I am to say con|cerning it, shall be to remove some Objections, which in my Opinion is the proper Method to smooth the way for approving it.

The principal Objections are; That the Representa|tives for Shires and Burghs, cannot legally approve this Article, without the Assent of their Constituents; and that by the Approbation of it, the Sovereignty and In|dependency of this Kingdom, will be surrendered to England.

My Lord, To give a distinct and convincing Answer to the first Objection, let us look a little to the Nature of our Constitution of Government.

Our Government is not a Polish Aristocracy, founded on Pacta Conventa, whereby all the Gentry are Im|powered in their particular Meetings, to prescribe Rules to their Representatives in a General Dyet.

Our Government is not a common Democracy, where|by every Subject of Scotland may claim a Vote in the Legislature.

Our Government is and has been many Ages past, a Limited Monarchy, wherein the Sovereign and Re|presentative are the only Judges of every thing which does contribute to the Happiness of the Body Politick, and from whom no Appeal can legally be made; and this Description is agreeable to Reason, to our Law, and to our History.

Reason teaches us, that Anarchy is destructive to Mankind, and that no Society of People can be well

Governed without a Supreme Power, whose proceedings are only alterable by it self; Grotius says (L. 1. C. 3. §. 7.) That we call the Supreme Power, whose Acts are not subject to the Power of another.

Our Law is positive, that this Supreme Court is subject to no Humane Authority, Act 130. P. 8. J. 6. & we learn from our History, that the greatest Alrerations have been made in the Constitution of our Government, without Consulting the People: out of which I humbly offer a few Examples: In the Reign of Kenneth the 3d the Monarchy that Originally was Elective, became Heredi|tary: In the Reign of James 6th the Representation of the Clergy in Parliament was restored: In the Reign of Charles the 2d the Prerogative was exalted above its natural Level; and in the year 1698, the King was Dethroned, and the Clergy Expelled this House.

My Lord, I have heard asserted, that there are Fundamen|tals of Government which cannot be altered by this House, without the Consent of every Scotsman: But where were these stipulated? Where are they Recorded? Were these made by our Forefathers at the first Institution of their Government, and have all succeeding Parliaments Sworn to their Observance? These Questions, Methinks, deserve our Consideration, before it be asserted what is an unalterable Fundamental by this House.

As to the Arguments of Sir George Mackenzie, and other eminent Lawyers, brought upon the Stage to sup|port this Notion of Fundamentals; I think they require no particular Answer, because any Member who under|stands the Nature of Government may see clearly, that these Arguments are founded on Roman Laws Cal|culated for People, as Members of private Societies, and not for perpetual Rules to the Supreme Power of any Nation.

In fine, I believe there are no Fundamentals of Go|vernment in any Nation, which are not alterable by its Supreme Power, when the Circumstances of Times re|quire; and whoever is acquainted with History may learn, that there are no People at present in Europe, which in different Ages have not suffered variety of Changes in Government. I do indeed acknowledge, there are Fundamentals in Nature, to wit, Liberty and Property, which this House can never destroy, without exceeding its outmost Bounds of Power, that are always limited to the Publick Good; Nevertheless this Honourable House is only capable to Judge of the most proper Means of securing these Fundamentals: And for my part I sin|cerely believe that no judicious Man will say, There is the least danger of our Liberty and Property by an Uni|on

of Parliaments, when he Reflects that the People of England, have been in all Ages Noble Asserters of the Rights of the Subject; have spent much Blood and Trea|sure in Defence of the Liberties of their Neighbours, and that after this Union, Encroachments on the Rights of the Subjects of any part of Great-Britain, must endanger the Liberty of the whole.

My Lord, I come now to the next Objection, That by the Approbation of this Article, we Surrender the So|vereignty and Independency of this Kingdom.

These words I acknowledge are very long, and may sound Harmoniously in the Ears of the Populace: for my part, I would be sorry just now to have occasion to say, that in Fact, our Supremacy and Independency were Sur|rendered the day King James got possession of the Eng|lish Throne, if at the same time I could not affirm, that these are again restored to us by this Treaty, which was managed with a Decorum & Equality, that became two In|dependent and distinct Nations; and not after such a Clan|destine manner as was used by Queen Mary & the French, the 4th of April 1554, on which day our Sovereignty was indeed surrendered, as may be seen in the Recueil de Traitez, &c. P. 510.

But to put this Question above Controversie, I con|ceive two ways only whereby a Free Nation loses its Sovereignty and Independency, which are Conquest, and a voluntar Surrender of its Rights to another Nation, without any Reservation.

I am sure no person in right Judgment will alledge, That this intended Union is a Conquest; Nor can it be called a Surrender, seeing the Treaty contains certain and distinct Reservations to both Kingdoms: Nor can I comprehend how either of two Nations, by an entire Union, surrenders its Privileges: on the contrair, I agree with the learned Grotius (L. 2. C. 9. §. 9—.) who's Opinion is, That the Rights and Privileges of two distinct Nations United, are consolidated into one, by a mutual Communication of them.

Another Objection, My Lord, has been moved against this Article, which belongs more properly to the 22d Article, and that's concerning the Number of the Repre|sentatives from Scotland, to a Parliament of Great-Britain. This Objection I'll endeavour to Answer in as few words as the Nature of it will allow.

If both Nations are to be represented by one Parlia|ment, there must be Members from both Nations, and their Numbers must be adjusted by some Rule, which can be no other than that Fundamental in the Union of all Societies, whereby Suffrages are computed, to wit, the

Proportion each Society contributes for the support of the whole: Now, the Union of Scotland and England is but the Union of two great Societies of People, into one Body Politick; So that we have nothing to direct our Forming a true Notion about the Number of the Representative agreed to by this Treaty, on the part of Scotland, but the Proportion we are able to contribute for the support of the Go•…•…nment of Great-Britain, and that has respect to the Numbers of our People, to the Extent of our Taxes, or to an Arithmetical proportion betwixt these, and those of England; All which being duly considered, I may be bold to Affirm, that the Representative agreed to by the Commissioners for Scotland, is more than falls to our Share.

Several Authors, who have wrote about the Nature of Society, or the Union of two or more Societies, a|gree to this Fundamental; and Grotius (L. 2. C. 5. § 22.) has two Examples out of Strabo relating to it; One is, When Lybica United with Three Neighbouring Cities, It was stipulated, That each of the Three was to have one Voice, but Lybica Two, because it contri|buted much more to the common Benefite, than any of the rest: The other Example is, That there were 23 Cities in Licia United, whereof some had three Voices, some two, and some but one.

My Lord, By the Representative of Sixteen for the Nobility, there's no greater Hardship put upon them, than was put upon the small Barons in the Reign of King James the First, who then were of the same State with the Nobility, and submitted to the Law for Conveni|ency.

By the Representative of Fourty Five for the Commons, no prejudice is done to the State of Barons in respect of Representation; for if they be Represented from every Shire, or at least from the most considerable Shires, 'tis of no Import, whether every Shire be Represented by one or more: And as to the State of Burrows, I'll pre|sume to say, That the Retrenchment of their Repre|sentation is a Piece of Justice done to this Nation, if Property or Taxes be the Rule of Representation.

My Lord, So far have I endeavoured to Answer the material Objections against this Article, not out of any Prospect to convince the Members against this Union, as to fortifie the Judgments of those for it; And I wish heartily, That the Constituents for Shires and Burghs may have a true Confidence in their Representatives, while they are Accomplishing this Great and Noble Work of an Union of both Kingdoms, especially consi|dering, That they are bound by Oath to give their best

Advices and Suffrages; That they were chosen by themselves in a free Election; That they have their Families and Estates among 'em; That the same Li|berty, Property and Religion are common to 'em both; And that the Good or Bad Consequences of this Uni|on, must equally affect Representatives and Constitu|ents.

THIS SPEECH was received with great Satisfaction and Applause, and the Arguments in it were so clear, especially as to the Proportions of the Representative, that it was very useful, when that Head came to be debated; and I cannot but think the Reader will think his Time well bestowed in Reading it, in that he will see by it, whether the Union was carryed by Strength of Reasoning, or, as some alledged, cram'd down their Throats by meer Number of Voices.

The Debates held very long, but at length the Question being proposed, the Vote was carried with the usual Provi|so, viz. That it be of no Force if all be not Concluded; and the dissenting Members protested, as you will see in the Minutes. And so this mighty Case was also Determined.

MINUTE XXIII.

Tuesday 19. November 1706.

Prayers Said,

Rolls Called,

The Lord Chancellor acquainted the Parliament, that last Night his Grace Her Majesties High Commissioner, in his Return to the Palace, was Insulted by a Number of People of the meanest Degree with Stones, which was an high Affront both to Her Majesties High Commissioner, and to the Parliament; And therefore moved, that the Parliament may give the necessary Orders, not only to find out such as have been guilty as Actors or Abettors therein, but to pre|vent the like in time coming; and after some Reasoning on the said Representation and Motion:

It was agreed, to Remit to the Committee Nominate for Examin|ing the Calculation of the Equivalent, to enquire into the Matter of this Insult; And to endeavour to find out the Actors and Abettors, if any be, with Power to the said Committee to promise Indemnities and Rewards for Discoveries, and to Seize and Imprison any Person whom they shall have ground to suspect to be guilty, as Actors or Abet|tors, & to call for the Magistrates & Neighbours of Edinburgh for In|formation, and to Report to the Parliament, what Information and Discovery they shall make of the said Insult, or of any former. As

also, to Report their Opinion, what Measures may be proper for preventing the like in time coming, and the Committee appointed to meet the first Interval Day of Parliament at nine of the Clock.

The Parliament did likeways Recommend to the Lord High Con|stable to prosecute forthwith these Persons, who were Imprisoned on Account of a former Tumult, and ordained the Magistrates of Edinburgh to furnish what Probation they can, to the Fiscal of the Constables Court, against such as were so Imprisoned.

Address of the Baillies, Counsellours and Citizens of St. Andrews, Subscribers of the same, against an Union with England, in the Terms of the Articles, given in and Read.

Thereafter it was moved. That the Parliament proceed to the Fourth Article of Union.

Moved also, That, before proceeding to the Consideration of the Fourth Article, a Clause be added to the Third Article in thir Terms, And that the said Parliament of Great-Britain shall meet and sit once in Three Years at least, in that Part of Great-Britain now called Scotland.

And after some Debate thereupon, the Consideration of the said Additional Clause delayed, till the Parliament come to the Twenty Second Article.

Then the Fourth Article of Union was Read, and after some Discourse thereupon, the further Consideration thereof was delayed till the next Sederunt of Parliament, and the Consideration thereof to be then resumed previous to all other Business.

Adjourned till Thursday next at Ten of the Clock.

OBSERVATION XXIII.

The Affairs of Tumult and Clamour from the Street, I have related in its proper place; yet, as far as it came to be con|sidered in Parliament, I must take notice of it here, but shall be the briefer, referring to what is said elsewhere.

The first Rabble had been crush'd for some time, as has been observed already, and the Vigilance of the Government had secured the Parliament hitherto; But the Inveterate Fu|ry of the poor ignorant People, imposed upon by the Popu|lar Arguments of the Times, and these enlarged upon by the various Pamphlets and Speeches against the Union, which were spread amongst them, was very hard to be restrained.

The Duke of Queensberry, the Queens High Commissioner, received divers Affronts in his going to and from the Parlia|ment, tho' his Grace did not think worth his while to trouble the Parliament with it, while it was any thing tolerable; But it was now grown to that Height, That not only the Commissioners Life was in Danger, but the Publick Peace seemed manifestly aimed at, and it was very necessary to put a Check to such Insults, lest the whole might be endangered.

The High Commissioner had received several private Intimations of Designs to assasinate him, and several Letters, some abusive and threatning, others pretending to give him Caution to preserve his Person, others directly pretending to inform of the Designs, the Time when, Manner how, and Weapons by which he was to be Murdered; whether these were real Designs, or only Attempts to amuse, and perhaps discourage his Grace in the Discharge of his Duty in so weighty a Work, was, I believe, never certainly known: But whoever will calmly consider the Temper of the People at that time, how inflamed by the Artifice of a Party, and how frequently they shew'd their Readiness to have undertaken any Thing, tho' never so desperate, to have broken off this Affair, will wonder, That no Agent of Satan was found hardned enough to have committed that, or any like sort of Villany.

Nor did it seem that there was any thing wanting, but the meer Courage to venture their Lives in such a Bloody Action, since, in the Occasion which was now brought be|fore the House, it appeared there were Stones thrown at the Commissioners Coach from the Tops of Houses, sufficient to have Murdered him, if Providence had not more especially protected both his Person, and the Affair in Hand; which, had any such Villany been perpetrated, would, most certainly, have all been lost in the necessary Confusions that must have followed.

For the Readers particular Information of the Temper and Humour of the People at that time, some of the Threatning Letters sent to his Grace the High Commissioner, are Printed in the Appendix N. G xx. faithfully Transcribed from the Original.

As to the manner of the present Insult offered the Com|missioner—, it was thus, Opportunity was taken, upon the length of the Debates that Day, which keeping the House late—, and the Lord Commissioner being to pass the Streets in the Night, the whole length of the City from the Parliament House to the Palace, the Mob took the opportunity of the Darkness, a Time proper for such Villanies; First they affronted the Guards, and followed them with Curses and Opprobri|ous Words, and their Numbers increasing as they went on, they began to throw Stones at them, which occasioned some little Disorder among the Horses, and this at last encreased to the throwing Stones at the Commissioner himself, one of which narrowly miss'd his Person.

The Coachman and Postilion, whether frighted themselves, or that the Horses were unruly, drove a little faster than usual down the Street, which put the Guards to a full Trot; and that heartening the Rabble, as if the Guards had fled from them, they Shouted and continued pursuing them with

Dirt, Stones, and such sort of Violence, till they came to the Palace, where the Foot Guards received them, and kept off the Croud.

Every Body will allow, that considers these Circumstances, which I was an Eye Witness to, That it was time to put a Stop to this Violence, and to restrain a Head-strong Multi|tude thus made Bold and Furious, lest they should, as in such Cases is not uncommon, run on to more violent Extremes; and therefore the Lord Commissioner ordered the Lord Chan|cellor to Represent it to the House, as in the Vote.

The Motion for the Parliament sitting once in Three Years was needless, for that indeed it was settled in the Twenty Second Article for the First Parliament, and established in England by other Laws made there, which were to continue in Force by the Treaty.

MINUTE XXIV.

Thursday 21. November 1706.

Prayers said,

Rolls Called,

Address of Heretors, Burgesses, Minister and other Inhabitants in the Town of Pasley, Subscribers of the same, against an Union with England in the Terms of the Articles, given in and Read.

The Fourth Article of Union again Read.

Whereupon it was moved to take the several Branches of Trade, to be communicate, into Consideration, that it may thereby appear how far the Communication of Trade shall be advantageous; And after Reasoning thereupon.

The Vote was stated, Approve of the Fourth Article, Reserving the Consideration of the several Branches of Trade, till the Parlia|ment come to the subsequent Articles, yea or not.

And it was agreed, That the Members shall be Marked, as they shall Vote Approve or not, and that the List of their Names, as they shall Vote pro or con, be Recorded and Printed.

Then the Vote was put Approve or not, and it carried Approve.

Thereafter the Fifth Article of Union was Read. whereupon a Proposal was given in for Explaining and Inlarging the same in these Terms, That all Ships or Vessels belonging to Her Majesties Sub|jects of Scotland, at the time of Ratifying the Treaty of Ʋnion of the Two Kingdoms in the Parliament of Scotland, though Foreign Built, shall be deemed and pass as Ships of the Build of Great-Britain, the Owner, or where there are more Owners, one or moe of the Owners, within twelve Months after the Ʋnion, making Oath, That, at the time of Ratifying the Treaty of Ʋnion in the Parliament of Scotland, the same did, in bail, or in part, belong to him or them, or to some other Subject or Sub|jects

in Scotland, to be particularly named with the place of their re|spective Abodes, and that the same doth then, at the time of the said De|position, wholly belong to him or them, and that no Foreigner directly or indirectly hath any Share, Part or Interest therein.

Which being Read, it was moved, that six Months more time be added to the time allowed by the Proposal, for purchasing Ships or Vessels: And after some Reasoning thereupon, the further con|sideration thereof was delayed till next Sederunt of Parliament, to be then Resumed, previous to all other Business.

Adjourned till Saturday next at ten of the Clock.

OBSERVATION XXIV.

This Article being General, but containing several Parti|culars, it was judged proper to pass it in the gross first, with a Reserve for such Clauses and Branches of Trade, as should come into Consideration afterward; for otherwise these Branches of Trade would have been foreclosed, by agreeing to this Article in the full Extent of the Words.

These Branches came all to be Considered in the Debating other Articles, as particularly, when they came to Examine the Affairs of Drawbacks, Bounties on Exportation, Prohibi|tions, and Restrictions in Trade, the several Customs, Duties, Equalities and Proportions of Trade; Of which in their Course.

This Reserve, however, made the Article it self pass the more readily at this Time, for it was the first Article after Voting the Generals, that was Branched out into Particulars, and therefore the Adjourning these Particulars was the more acceptable.

The Debate of the Fifth Article lay only here, the Treaters had Debated about the Time limited for allowing the Ships then in the Hands of the Scots, to be free Ships, the Scots Commissioners would have had it been the Time of Ratify|ing the Union; The English Commissioners insisted on it, that it should be the Time of Signing the Treaty; and the Reasons were good, that otherwise People might buy multitudes of Foreign Ships, and have time to furnish themselves, and pass these Foreign Built Ships as free Bottoms, in the Terms of the Act of Navigation, to the infinite Damage of the whole Island; And this had the more Force with it, in that it could not but be allowed, that it was the great Advantage of this whole Island, to encourage the Building, and consequently the Employing our own Ships—. However, many popular Arguments were used to lengthen out the Time, such as, That Scotland was not yet in a Condition to Build, and that this would check her Trade, to leave her naked of Ships till she could furnish her self with Materials for Building; that for

the Fishing and East-Country Trade, it was absolutely neces|sary to furnish Foreign Built Ships, till Scotland could Build for her self.

It was alledged, England could furnish Ships, and it was so material a Thing to Encourage the Building, and Increase of our own Shipping, that England would insist upon it, and had reason so to do.

However, after long Debating, it was agreed, to lengthen the Term to the Ratifying the Treaty; and this was the first Alteration made in the Articles—; But it was referred to the next day.

MINUTE XXV.

Saturday 23. November 1706.

Prayers said,

Rolls Called,

Then the following Addresses were given in and Read, viz. Ad|dress of Heretors and several other Persons in the Barony Paroch of Glasgow, Subscribers of the same; Address of Heretors, Magi|strates, Town Council and other Inhabitants within the Town and Paroch of Culross in Perth Shire, and Heretors, Elders and other In|habitants within the Parochines of Saline, Carnock and Torie in Fife Shire, subscribing the same; Address of the Provost, Baillies, Town Council and other Inhabitants of the Burgh of Stirling sub|scribing the same; Address of Barons, Freeholders and others with|in the Stewartry of Annandale subscribing the same; And Address of the Magistrates, Town Council, Guild-brethren, Deacons of Crafts, and other Burgesses Tradesmen and Inhabitants within the Burgh of Innerkeithing, subscribers of the same; all against an Uni|on with England in the Terms of the Articles.

Thereafter the Fifth Article of Union again Read, with the Pro|posal for Amending, Explaining and Inlarging the same, insert in the former Days Minutes, and altered thus, viz. That all Ships or Vessels belonging to Her Majesties Subjects of Scotland at the time of Ratifying the Treaty of Ʋnion of the two Kingdoms, in the Parliament of Scotland, tho Foreign Built, be deemed and pass as Ships of the Build of Great Britain, the Owners, or where there are more Owners, one or more of the Owners within twelve Months after the first day of May next, making Oath that at the time of Ratifying the Treaty of Ʋnion in the Parliament of Scotland, the same did in hail or in part belong to him or them, or to some other Subject or Subjects of Scotland, to be par|ticularly Named, with the place of their respective Abodes, and that the same doth then, at the time of the said Deposition, wholly belong to him

or them, and that no Foreigner directly or indirectly hath any share, part or interest therein.

And after some Reasoning thereon, there was a second Proposal given in for the amending the Article in these Terms, That all Ships and Vessels belonging to Her Majesties Subjects of Scotland at the time of Ratifying the Treaty of Ʋnion of the two Kingdoms, in the Parlia|ments of both Kingdoms.

And after some Debate the Vote was stated, Approve of the first Paragraph of the Fifth Article, with the first Amendment or second; And it carried Approve with the first Amendment.

Thereafter the rest of the said Fifth Article of Union was Read, and a Proposal given in for adding a Clause in these Terms,

"That for the space of seven years from and after the Concluding the Treaty of Union in both Kingdoms; It is expresly agreed, that none of the Seamen or Mariners Aboard any of the Ships belong|ing to the Subjects of that part of United Britain, now called Scotland, shall either at Home or Abroad be pressed from aboard their said Ships, to serve in any of Her Majesties Ships of War or Friggots; And in case after the said seven years, it shall happen that there be a Levy of Seamen in United Britain, for serving in the British Fleet, That the said part of United Britain, now cal|led Scotland shall only be burdened with such a proportion as our Taxes bear, in proportion to that part of United Britain, now called England, but prejudice to the Officers of Her Majesties Ships or Fleet to engage as many Voluntar Seamen in their service as they can agree with, in this part of United Britain, and this Ar|ticle to be unalterable by any subsequent British Parliament.

Which being Read, after some reasoning thereupon, it was put to the Vote, Add the second Clause or not, and it carried not.

Thereafter the rest of the said fifth Article being again Read, the Vote was put, Approve thereof or not, and it carried Approve.

Adjourned till Tuesday next at ten of the Clock.

OBSERVATION XXV.

The Debate about the admitting the Scots Ships as free Bottoms, was now reassumed, and the Time limited for the Properties to be made out, was altered from the Time of Signing the Articles, to the Time of Ratifying the Treaty.

The present Dispute was, Whether it should be the Time of Ratifying the Treaty in Scotland, or the Ratification in both Kingdoms—, this Article was Disputed by Inches, and some thought, there was more Nicety used here, than was of any Signification; and that therefore it seem'd the effect of a Ge|neral Struggle against the Union, where every thing was laid hold on, that either might bring on some Alteration they thought England could not comply with, or that at least might but cause a Dispute in England, or that might so gain

time, as to avoid having the thing Compleated in the then sitting Parliament.

It was well known, the English would be very tender of their Act of Navigation, which is the Security of their Trade, and the main Encourager of their Shipping, and the longer this Liberty of purchasing Ships from the Dutch was extend|ed, the more Room there would be for Exceptions in Eng|land, their Trade being the more exposed to the bringing in Foreign Bottoms among them.

And if it be true, as I have seen a Minute made of it in Writing—, That the Party had prepared Schemes of Ob|jections to be offered in the Parliament of England, against the very Alterations which they themselves had procured to be made in Scotland; If this be true, it will abundantly justifie the general Supposition I have so often hinted at, viz. That these Objections were rather calculated to delay the Treaty, and overthrow the Union it self, than from any particular Regard had to the Reason and Nature of the Thing objected.

Nothing else could be the Occasion of such strong Struggles for things in themselves not of any great Advantage to Scot|land, as in this Case of the Ships, of which, it may be noted, That, after that Matter was settled, it was hardly known, that one Ship was bought, either in Scotland or England, with the Design of making it Free, as was suggested.

However, after long Debate, the middle Course was taken, and the Time was extended from the Time of Signing the Articles, as it was Agreed in London, to the Time of Ratification in the Parliament of Scotland—, but not to the Time of Ratification in both Parliaments, as was pro|posed.

The last Proposal against Pressing of Seamen, was a mani|fest Attempt of the kind above mentioned, and a seeking an Occasion to interrupt the main Treaty, since no Body could imagine, That such a Clause could have passed in England, all their own Seamen having been lyable to be press'd into the Service of the Navy; And both Nations being to enjoy equal Privileges, this had been to put such a Disadvantage, and such Inequalities upon the English, as would have made just Complaints in England, and have been a sufficient Ob|stacle to the whole, especially when it was remembred, that in Scotland there was no want of Seamen, but that on the contrary many Thousands of their Seamen, for want of Em|ployment, entered themselves on Board the Men of War in Foreign Service, with the Danes, Swedes, and Hollanders; And it would be hard, That they should seek a Liberty from the English Service, which would now be their own; and at the same time, for want of Business, seek Service among Foreigners; it being alledged, That, at this time, there were

16000 Scots Sailers in the Dutch Service—; This was so plain a Case, that the Proposal was rejected, and the Ar|ticle Pass'd with only the first Amendment.

And this was the second Alteration in the Articles of the Union.

MINUTE XXVI.

Tuesday 26. November 1706.

Prayers Said,

Rolls Called,

Then the following Addresses were given in and Read, viz. Address of Barons, Freeholders and others within the Sheriffdom of Roxburgh, Subscribers of the same; Address of the Magistrates, Town Council and other Inhabitants of the Burgh of Annan, sub|scribing the same; Address of the Magistrates, Town Council and others Inhabitants of the Burgh of Lochmabben, Subscribers of the same, and an Address of the Paroch of Lesmahago, Subscribers of the same, all against an Union with England in the Terms of the Articles.

Thereafter, an Overture for an Act for Encouraging the Exporta|tion of Victual Read, and Ordered to be Printed.

As also, another Overture for an Act for Encouraging the Ex|port of Victual, Fishes, Beef and Pork was given in, and Ordered to be Printed.

Thereafter, a Petition and Draught of an Act in Favours of the Burgh of Dundee, for an Imposition of Two Pennies Scots upon the Pint of all Ale and Beer, Brown and Vended within the Bounds, and for the Ends therein-mentioned, both Read, and a first Read|ing Ordered to be Marked on the Act.

As also, a Petition of the Magistrates, Town Council and Com|munity of the Burgh of Aberdeen, and a Draught of an Act in their Favours, for continuing an Imposition on Wine and Ale granted to them by a former Act, Read, and a first Reading Ordered to be Marked on the Act.

As also, the following Draughts of Acts were given in and Read, viz. Act in Favours of the Burgh of Kirkaldie, Act in Favours of the Town of Borrowstounness, Act in Favours of the Burgh of Dysert, Act in Favours of the Burgh of Burntisland, Act in Favours of the Burgh of St. Andrews, Act in Favours of the Burgh of Kinghorn, Act in Favours of the Burgh of Elgin, all for an Imposition of Two Pen|nies Scots upon the Pint of all Ale and Beer to be Brown and Vended within the respective Bounds, and for the Ends therein-mentioned, and a first Reading Ordered to be Marked upon each of the saids Acts.

Then the Sixth Article of Union was Read, and after some Rea|soning thereon, there was a Proposal given in for adding the fol|lowing Clause to the end of the Sixth Article, viz. Except in so far as shall be Rectified by this Parliament, upon the Consideration of the subsequent Articles.

Which being Read and Discoursed upon, There was another Proposal given in, for Enlarging and Explaining the said Sixth Article in these Terms, viz. And seing by the Laws of England now standing, there are Rewards granted upon the Exportation of certain kinds of Grain, wherein Oats is not specified, That, from and after the Ʋni|on, when Oats shall be at Fifteen Shillings per Quarter, or under, There shall be paid Two Shillings and Six Pence for every Quarter of Oat Meal Exported in the Terms of the Laws, whereby Rewards are granted for Exportation of other Grains. And in respect there is a Duty upon Oats Imported into England, but no Duty upon Oat Meal, The Importing of which is a Prejudice and Discouragement to Tillage: Therefore, That, from and after the Ʋnion, the Quarter of Oat Meal be deemed equal to three Quarters of Oats, and pay Duty accordingly, when Imported to Scotland from any place whatever beyond the Sea;

Which being likeways Read, after some further Reasoning, it was moved, That the Observations (in relation to the Balance of the Trade of this Nation) made by the Council of Trade should be laid before the Parliament.

And after Debate thereupon, the further Consideration of the said Sixth Article and Motions was delayed till the next Sederunt of Parliament, to be then resumed previous to all other Business: And Ordered, That the Observations made by the Council of Trade be then laid before the Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXVI.

The Sixth Article of Course began the Debates about Al|lowances, Drawbacks, Prohibitions and Restrictions, which, as has been observed, were to be equal to all the Subjects—; But Scotland finding some Difference in the Value and Frequency of Import or Export of Grain, they found a Necessity to come into some Amendments here too: The Case was thus,

England allowed a Bounty to the Exporter of Corn at all times, when the Plenty of Grain kept the Price under such a stated Rate; But it was observed there was no Bounty on the Exportation of Oats, the Reason was, because England rather wanted Oats than had them to spare, one Season with another.

On the other Hand, Scotland producing vast Quantities of Oats, and having a large Trade for the Exporting the same to Norway, and other Parts, the Scots Members insisted,

That a Drawback should be allowed on Oats and Oat Meal Exported.

Another Case also required an Alteration, and this respect|ed Ireland, which Bordering on Scotland, could and might easily throw in great Quantities of Oats or Oat Meal into Scotland, which being cheap in Ireland, would lessen the Consumption of the Growth of Scotland; There was, it seems, a Prohibition formerly laid on the Importation of Oats or Oat Meal, but this being taken off by the Union, it was requisite to make some Provision, where the English Laws was defective, which was thus,

The English had, by Act of Parliament, a Duty of Five Shillings Six Pence per Quarter laid upon all Oats Import|ed, and that they thought was sufficient; But there being no more Duty on Oat Meal than on Oats, it was alledged, That the Irish might Import the Oat Meal, and afford to pay the Duty, since it was not above half the Value of the Duty of Oats, the Value of the Meal reducing the Du|ty.

This therefore was provided against by this Additional Clause, which doubled the Duty upon Oat Meal Imported, by reckoning every Quarter of Oat Meal as two Quarters of Oats.

The Acts in Favours of the respective Burghs were in order to continue to them the several Impositions on Ale and Wine customary in Scotland, or granting them anew, being gene|rally granted for the publick Uses of the Towns, such as build|ing or maintaining publick Edifices, Harbours, &c. Just as has been practised in England in the Duties on Coals, as at London for building the Churches, at Yarmouth for their Pier; or on Ships, as at Dover for the Repair of their Harbour, and the like: And this being the last Parliament to sit in Scotland, if the Union succeeded, and all private Rights be|ing made perpetual, or to continue to the Times they were Entailed for, this made the Towns the more solicitous to have Acts passed in their Favours at this time; The Excise upon Liquors, payable to private Hands, indeed was a No|velty in England, and seemed to be a very odd Re|quest at this time, That while, on one Hand, they should be pleading, that Scotland could not pay more Excise on their Liquor than they did before, at the same time they should, on the other Hand, be seeking an Additional Duty to be paid to the Burghs—; But the Duty being so small as two Pennies Scots, which is but ⅙ of a Penny on the Pint Scots, which is two Quarts English, it was generally agreed to, and principally forth at it was not extended all over the Kingdom, but only in the few Towns, that having publick Trade to support, and chargeable

Works to maintain, seem'd to have extraordinary Reasons to demand it.

MINUTE XXVII.

Wednesday 27. November 1706.

Prayers said,

Rolls Called,

Address of Barons, Freeholders and others within the Shire of Mid-Lothian, subscribing the same, against an Union with England in the Terms of the Articles, given in and Read.

The Sixth Article of Union again Read, and a Proposal given in for adding the Word (Drawbacks) to both Clauses of the said Ar|ticle, which was agreed to.

And the said Article as so amended was again Read, as also the Proposal mentioned in the Minutes of the last Sederunt, in relation to Oats and Oat-Meal, with the Addition of a further Clause, in these Terms, And that the Beer of Scotland have the like Rewards and Draw|backs as Barley.

And it was likeways moved that another Clause should be added thereto, allowing the like Proemium or Drawback on the Exportation of Oat-Meal, as is allowed on the Exportation of Rye in England, and after Debate thereupon, It was agreed that the sixth Article with the Proposal for Amendments should be remitted to a Committee.

Thereafter there was a Clause offered to be added to the said sixth Article in these Terms, viz.

"But Scotland for the space of {left blank} years after the first Day of May next, shall be free from, and no ways subject to the Prohibition and Restrictions made against Exporting of Wooll, Skins with Wooll upon them, and Woollen Yarn, which by the Oaths of the Sellers and Buyers shall be made appear to be the proper growth and product of Scotland, and Spun within the same, which shall no ways be comprehended under any of the Laws already made in England, or to be made during the space fore|said.

As also, a Clause in these Terms, viz.

"Excepting and Reserving the Duties upon Export and Import of such particular Commodi|ties from which any Persons the Subjects of either Kingdom are specially Liberated and Exempted by their private Rights, which after the Union are to remain safe and intire to them in all Re|spects.

And sicklike, another Clause in these Terms, viz.

"That after the Union all sorts of Scots Lining, or any kind of Cloth made of Flax or Hemp, be Exported out of the United Kingdom, free of all Customs or other Impositions whatsomever.

And another in these Terms,

"That before the Union we may have such a Drawback adjusted as may enable us to Export Beef and Pork and Butter to the West Indies and other Foreign Parts which will be a considerable Branch of our Trade after the Union.

And likeways another Clause in these Terms,

"That from and after the Union all Duties or Bounty Tolls, or other Exactions upon black Cattle, or any other Product of Scotland, when carried into England, or Product of England when carried into Scotland, payable either to the publick or private Persons, shall in all time coming be void and null.

And another Clause in these Terms,

"That from and after the Union, the Kingdom of Scotland shall have Liberty for ever to Manufacture Plaiding, Fingrams, Galloway-whites, Sarges, Stock|ings, and all sorts of Lining, as they have been in use to do, con|form to the Regulations contained in their own Laws, and to Ex|port the same to England or Dominions and Plantations thereto belonging, or to any other Place beyond Seas, free of any Duty or Imposition whatsomever to be laid thereon, but in case any of the Subjects of that part of United Britain now called Scotland, shall Export any other sort of Woollen Manufactory than what is above-mentioned, They are to be lyable to the Regulations and Taxes of England imposed before the Union, or to be imposed by the British Parliament after the Union.

And it was agreed that all the Clauses above insert should be likeways Remitted to a Committee.

Whereupon it was Moved, That the Sixth Article and Proposals and Additional Clauses relating thereto, should be Remitted to the Committee for examining the Calculation of the Equivalent, which was agreed to.

Thereafter it was also moved that a further Number of the Mem|bers of each State should be added to the said Committee, and thereupon a Vote was put, Add or not, and it carried add.

Then it was moved, that two of each State be the Number to be added, and likeways moved, that the Number of four of each State be added, and after some Reasoning, it was put to the Vote Two or Four, and it carried Two, and the next Sederunt of Parliament ap|pointed for choising the Additional Members.

Then the Seventh Article of Union was Read, and the Reasoning thereupon delayed till the next Sederunt of Parliament, to be then proceeded upon previous to all other Business, after choising of the Additional Members for the Committee.

Adjourned till to Morrow at ten of the Clock.

OBSERVATION XXVII.

The Observations upon this days Minutes, will be more properly referred to the time when the Committee to whom the sixth Article was referred, make their Report.

The Amendment of (Drawbacks) was not scrupled, it was included before in the word Allowances, but it was such a Triffle, that no Body would Dispute it, seing it contained nothing but what was intended in the Article it self.

The Amendments offered were many, and the refering them to a Committee was, no Question, the best Method to come to a Settlement in the several Particulars; but this may be observed, and it was remarkable, that such was the Igno|rance of the Objectors in these Cases, and so much had they been imposed upon in Matters of Trade, that they De|manded inconsistent and impracticable Things, they deman|ded Exemption from Imposts which no Body paid, they De|manded Liberty where there were no Prohibitions, and Equa|lities which were already agreed to.

For Example, Liberty of Exporting Wooll, a Thing on which the whole English Commerce depended, and without a Restraint upon which, all their Manufactures would have been Ruin'd, a Thing Impracticable in the Nature of their Trade, and which it was inconsistent with Reason to expect.

Then they required Liberty of Exporting Linen Duty free, whereas it was evident, had they consulted the English Affairs, they would have found, the English gave that Liberty to all the World; And if any Linen was Imported into England, what|ever Duty it paid there, was allowed back again, upon Ex|portation by Certificate.

Next, They demanded Liberty to Export their Woollen Goods free of all Duties and Customs, whereas it was known, England had, long since, taken off all Duty or Custom upon their Woollen Manufactures for several Reasons of Trade, and for the Encouragement of the Poor.

Again they asked Freedom of carrying their Goods & Cattel into England without Customs and Toll, which it was evident, without any Provision, was the Consequence of the Union; And there could no more remain any Toll, Custom or Duty, on Passing and Repassing of Cattel or Goods between Eng|land and Scotland, than there could in either Kingdom, from one County to another.

But this will further appear, when the Report of the Committee comes to be under Consideration.

MINUTE XXVIII.

Thursday 28. November 1706.

Prayers Said,

Rolls Called,

Then the following Addresses were given in and Read, viz. Ad|dress of Heretors and others Inhabitants of the Paroch of St. Ninians,

Subscribers of the same, and Address of the Magistrates, Town Council, Burgesses and other Inhabitants of the Burgh of Dumbar, subscribing the same, both against an Union with England in the Terms of the Articles.

Thereafter the Parliament (conform to the Minutes of the last Sederunt) proceeded to Elect the Additional Members to the Com|mittee, to whom the Sixth Article, and Clauses and Proposals re|lative thereto, are Remitted; And the Three Estates having se|parated to their usual Places, They Returned, and Reported their respective Elections of the said Additional Members, as follows, viz. Of the Nobility, the Earls of Haddingtoun and Cromarty; Of the Commissioners for Shires, Sir Gilbert Eliot of Minto and Sir Tho|mas Burnet of Leyes; Of the Commissioners for Burghs, Sir John Areskine and Sir Peter Halket, and the Committee was appointed to meet in the Inner-Session House to Morrow at Nine of the Clock in the Forenoon.

Then the Seventh Article of Union was again Read, and after some Reasoning, a Proposal was made, for an Explanation and Addition, whereby this Nation would be secured against paying more Excise for the Two Penny Ale than they now do, in these Terms, That the Thirty Four Gallons English Barrel of Beer or Ale, amounting to Twelve Gallons Scots present Measure, sold in Scotland by the Brewer at Nine Shillings Six Pence Sterling, excluding all Du|ties, and Retailed, including Duties, and the Retailers Profite at Two Pence the Scots Pint, or Eight Part of the Scots Gallon, Be not, after the Ʋnion, lyable on Account of the present Excise upon Exciseable Li|quors in England, To any higher Imposition than Two Shillings Ster|ling upon the foresaid Thirty Four Gallons English Barrel, being Twelve Gallons the present Scots Measure.

And another Clause being likeways offered in these Terms, And it is hereby specially provided, That the Two Penny Ale or Beer of Scot|land shall be only charged with the same Excise as the small Beer of England.

After some Debate, the Vote was stated, Approve of the Seventh Article, as to the Excise of Ale and Beer, with the Explanation, as contained in the First or Second Clauses above insert, and thereup|on the said Clauses being Read,

It was agreed, That the Members shall be Marked as they Vote, and that a List of their Names, as they Vote First or Second, shall be Printed, whereupon the Vote was put, Approve of the Seventh Article, as to the Excise of Ale and Beer, with the Explanation, as contained in the said First or Second Clauses, and it carried First.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXVIII.

The Debate of this Article had made much more Noise out of the House than it did within, some People had in|dustriously alarmed Scotland with an Apprehension, That,

according to the Words of the Article, Scotland was to pay equal Excise with England; That is, that as the strong Beer or Ale in England paid Four Shillings Nine Pence per Barrel, so must the common Beer, then Brewed in Scotland, pay the same price; And it was manifest, that this was the Opini|on of several Members of Parliament, by their Speeches on this Occasion in the House, as well as without.

On the other Hand, others pretended to bring all the Ale Brewed then in Scotland down to the Denomination of English small Beer, as being not sold for more than some of the Table Beer in England was sold for, which paid but as small Beer after the Rate of One Shilling Three Pence per Barrel.

I shall be very far from offering to make any part of this History Officious, in giving an Account of any mean Share the Author had in this Affair, yet I cannot omit relating this part of the Concern which casually happened to him in this particular; And it may be mentioned for the sake of the Jest it made in the Town, viz. That while it was thought well done to have a Share in stating the Proportions of the Excise, several Persons pretended to the Title of being the first Contrivers of it; but when afterwards, on some Cla|mour raised upon the Inequality of the Proportions, the Con|trivers began to be blamed, and a little threatned a-la-Mob, then it was D. F. made it all, and he was to be Stoned for it; And afterward, when those Differences appearing but Trifles, were by the Prudence of the Commissioner reconciled, then they would willingly have reassumed the Honour of be|ing the first Formers of this Affair.

It was indeed no small Difficulty at first, how to state a Medium between the two Nations; It had been laid down as a Maxim, That Scotland could, by no means, bear the high Excises paid for their strong Beer in England; It was also absolutely necessary to regard doing Justice to England, who, paying Four Shillings Nine Pence per Barrel Excise, would have had a great Hardship, if Scotland should have had all their Beer as English small Beer.

Again, the Scots Ale which was sold in the Publick Houses, and commonly called TIPPONY, was in no Proportion like the English strong Beer, either in Price or in Strength, being fold for one Penny the Chappin, which was near the English Quart, by Retail, after paying a subsequent Excise to the Cities or Burghs, and not one Half, or above one Third as strong as the English Ale or strong Beer. Upon this I shall impartially set down the Matter of Fact.

The Author of this being sent for by the Committee of Parliament then sitting, the same to whom the Sixth Article was committed, as is above said, attended them at their Meet|ing in the Lord Cesnock's Chamber; And being called in,

the Committee did him the Honour to tell him, they were informed he had spent some Thoughts on the Affair of the Excises, and that he had made some Calculations; They told him, the Parliament were coming upon the Debate of the Seventh Article, and the great Difficulty before them was, to find out a Medium between the Scots and the English Ex|cise, so as might make it tolerable to Scotland, and not give England Reason to take Umbrage, or complain of Injustice.

He frankly owned, he thought it would be very hard, and proposed what he had formerly insisted on, viz. That the Scots Ale or Tippony being sold for no more Money, than the Houshold or Table Beer in the City of London, which is called Eight Shilling Beer, and is often sold for Ten Shillings per Barrel, the Scots ought also to pay no more.

But the Lord President of the Session objected, That the English would never be satisfied with that Payment, as not being a just Proportion; That the Act of Parliament was express, That all Beer above the Price of Six Shillings per Barrel should pay as strong Beer; That those kinds of Beer, called Eight Shil|ling Beer, were generally Mixtures after the Excise was paid; and that the Denomination in England being but of two kinds, it would not be possible to place this on either Head, and to leave it to the Method of the Eight Shilling Beer in London, would be to lay all Scotland at the Mercy of the Ex|cise Officers, which would be unsufferable.

This Discourse put a Thought in the Authors Head just in the Moment, upon which he told their Lordships, he thought a Proportion to both Sides might be formed, taking its Rise from the Price of the Beer, and Value of the Excise in either Kingdom, and that he thought, he could form it for them, so as that it should not grieve either Party.

Upon which their Lordships desired him to try, he took the Pen and Ink, and immediately stated the Case thus,

There are in England but two Denominations of Excise|able Beer, small and strong.

The small was supposed in the Act at Six Shillings per Barrel, and payed One Shilling Three Pence per Barrel Excise, which is excluded out of the Six Shillings per Barrel.

The strong was supposed at Eighteen or Twenty Shillings per Barrel, and payed Four Shillings Nine Pence Excise, which is included in the Eighteen or Twenty Shillings per Barrel.

There is in Scotland but one Denomination of Excise|able Beer, which we call, as above for Ʋse sake, Tippony.

This was sold for about Nine Shillings Six Pence Sterling per Twelve Scots Gallons to the Retailer, and payed Twenty Three Pence sterling Duty, which is not included in the Nine Shillings Six Pence.

Note, Twelve Scots Gallons was supposed to hold much about the English Ale Gauge of Thirty Four Gal|lons,

there were some Fractions or small Differences, which the Committee did not Examine into; Of which by it self.

Taking then this English Excise from Twenty shilling per Barrel downward to Nine Shillings Six Pence; or from Six Shillings per Barrel upward to Nine Shillings Six Pence; and then Calculate the Excise from either of these Extremes, and the middle seemed to be a just Excise; and this Project had two happy Circumstances in it, which exactly supplyed the Difficulty.

For Example.

The Price of the Scots strong Beer being Nine Shillings Six|pence per Barrel exclusive of the Excise, and the Price of the English Beer reckoning it at Twenty Shillings per Barrel inclusive of the Excise, being Fourteen Shillings Three Pence per Barrel, exclusive of the Excise, Nine Shillings Sixpence is to Fourteen Shillings Three pence, as Nineteen to Fourteen Shillings Nine|pence.

Thus,

9 sh. 6 d. sterling is Pence 114, the Price of the Scots strong Beer exclusive of the Excise.

14 sh. 3. d. sterling is Pence 171—Ditto. of the English.

Two Thirds of 171, which is 14 sh. 3 d. is 114, which is 9 sh. 6 d.

Two Thirds of 57 Pence, which is 4 sh. 9 d. is 19 d. which is the Medium of Excise this way.

Again, if you begin at the lowest Rate of the Excise, and the lowest Price of Beer, and from thence draw the Proporti|on upward, then Two Shillings the present stated Excise, is the same to Twelve, as Fifteen Pence is to Six Shil. or so near it, as they sell the Beer inclusive: So that the difference is of no extraordinary Consequence; For Example,

Twelve Gallons Scots paying Two Shillings Excise, is sold for Twelve Shilling sterling including the Duty.

One Barrel English small Beer, paying One Shilling Three Pence Excise, is sold at Seven Shillings Six Pence per Barrel inclusive of the Duty.

Note, Two Shilling is One sixth Part of Twelve Shilling, and One Shilling Three Pence is One sixth Part of Seven Shillings Six Pence.

Thus the Excise of both Kingdoms stands upon the same Foot, and are an Exact proportion to one another; and ha|ving drawn a rough Scheme of these Proportions, the Com|missioners Ordered them to be laid before them, Finished the

next Morning, which was done; And the Author had the Honour done him to have them Accepted, which was a full Reward to him, and compleatly suited to his Expectations; And they stand in the Treaty of Union in his very Words.

This is put down here, not at all to Value the Merit of the Author upon, but however, to do himself Justice against as|suming Pretenders.

As to the Mistake between the Brewers and the Excise Of|fice, which fell out afterward in Edinburgh, and which some People industriously strove to blow into a Flame, it is explained in its Place.

MINUTE XXIX.

Friday 29. November 1706.

Prayers said,

Rolls Called,

Moved, that the Observations made by the Council of Trade in Relation to the Export and Import of this Nation, and a Ballance of our Trade be laid before the Committee, to whom the sixth Ar|ticle of Union is remitted, and the same was accordingly ordered; as also, the Clerks of the said Council of Trade were ordered to transmit to the said Committee all Observations, Papers and Re|cords relating thereto.

Then the Lord Chancellor acquainted the Parliament, That the Secret Council at their last Meeting, had under their Consideration several Accounts of Irregular and Tumultuary Meetings, by some People of the common and meanest Degree in Arms, and of Abuses committed by them at Glasgow, Stewartry of Kirkcudbright and Dumfreis, and several places of Lanerk Shire, and that there were Papers dropt inviting People to take up Arms, and to provide Ammunition and Provisions in order to their Marching to disturb the Parliament, all which he was directed by the Right Honourable the Lords of Her Majesties Secret Council to lay before the Parliament, to the effect proper Methods might be resolved upon for preventing the evil Consequences of such Practices; and thereafter pre|sented a Letter from the Magistrates of Dumfreis to Her Majesties Ad|vocat, Bearing an account of the Abuses and Tumultuary Meetings in that Place, with a Declaration emitted by those who met, which was affixt on the Mercat Cross of Dumfreis, and both were Read.

Whereupon a Draught of a Proclamation to be emitted by the Parliament against all Tumultuary and Irregular Meetings and Convoca|tions of the Liedges was preseuted and Read, and after some Discourse thereupon, it being objected, That it did not appear that there was a particular Information of any Tumultuary Meetings or Irregular Convo|cations in any other part of the Shire of Lenerk than at Glasgow.

Her Majesties high Commissioner was thereupon pleased to notifie to the Parliament, That he had Information not only from Glasgow and Dumfreis, but also from several places in Lanerk Shire of Tumultuary and Irregular Meetings of men under Arms, and of their giving out and publishing their design of marching to disturb the Parliament.

Thereafter the Draught of the Proclamation was again Read, and after Reasoning thereupon, and some Amendments, a Vote was stated, Approve of the Proclamation or not.

And before Voting, it was agreed, that the Members shall be marked as they Vote, and that the List of their Names as they Vote pro or con shall be Printed and Recorded, and the Lord Chancellor allowed to have his Name Printed and Recorded as an Approver, and the Proclamation as Amended being again Read over.

The Vote was put, Approve or not, and it carried Approve.

Thereafter the Draught of an Act suspending the effect of that Clause in the Act of Security for Arming and Exercising the fencible Men, past in the second Session of this current Parliament, and that during this Session of Parliament allannerly, Read, and a first Read|ing ordered to be marked thereon.

Adjourned till to Morrow at ten of the Clock.

OBSERVATION XXIX.

The Affair of the Rabbles in the Country came now before the Parliament, for things were come to that Height in the Coun|try, that it was no longer to be Tampered with; The Party who opposed the Union had so far prevailed upon the People, that they began to break all Bounds; at Dumfries the Articles of the Union were burnt at the Market Cross, by a Number of People in Arms, tho' they were not near so many as was Reported at Edinburgh, where they industriously enlarged those Reports, to Intimidate the Party that was for the Union, and, if possible, to set the Mob in Edinburgh to Work again; But the Guards there did their Duty so effectually, that there was no more Appearance in the Street, tho' loud Threatnings were made of it.

As to the Burning the Articles, it was true, That a Num|ber of People being got together, did publickly burn the Ar|ticles of the Union, as concluded at London, with the List of the Names of the Commissioners of the Treaty, and did affix a Paper upon the Cross of Dumfreis, which they called, Reasons for and Designs in Burning the Articles, &c. after having read the said Paper from the Cross.

This Paper was afterwards printed, and the Printer being ordered to be apprehended, fled for it till the first Heat was over, and then he appeared again, and was not questioned for it.

The Copy of the said Paper is added in the Appendix to this Work, N^o. E x.

But it is to be noted, That whereas the Paper mentions Squadrons of Foot and Horse, and the Report was of 5000 and 7000 People, 5000 in Arms that entered the Town, and 7000 in the Hills to support them—; It was all Ru|mour, the most that appeared in this Action being about 200, and these in no sort of Military Order or Equippage, as I have noted before.

Yet was this Disorder improved to a great Height, and particularly as it was improved to make the Government ap|prehend, the Western People were resolved to concern them|selves in this Affair, and to take Arms against the Govern|ment; The Parliament was very sensible of this, and being very loth to have any Force made use of, they tryed all the Methods possible, by Proclamations, and publick Repealing the Licence for Mustering, to take away all Opportunity of Assembling together, by which the People might be drawn into the Snare.

It is observable, That even, in the House, there appeared some, who were very loth to have these Rabbles discourag|ed and discountenanced; And tho I could give more par|ticular Instances of it, yet this of Objecting against the Cer|tainty of the Accounts, viz. That it did not appear, that there was a particular Information of any Tumultuary Meetings, or Irregular Convocations; This, I say, is a clear Proof of it, for these Objectors were openly against preventing the Mustering or Assembling the Lieges according to the Act of Security, and gave this Suggestion, viz. Want of Information for a Reason, whereas the Matter of Fact was, That the Lord Commissio|ner had real and direct Information of this Affair of Dumfries, and of private Emissaries gone abroad to excite the People to take Arms, and the respective Meetings of these Agents or Emissaries in the County of Lanerk, and elsewhere, more than sufficient to justifie the Precautions mentioned in the Minute.

Upon this Debate the Proclamation was Voted, and the Act of Security, so far as it concerned this Case, was repealed, which had various Effects in several parts of the Country, in some places it really crush'd and prevented their assembling, at Glasgow it irritated and provoked them, and made them more Furious than before—; But generally it had a very good Effect, for it took away the pretence which any of the Lairds or Heads of Clans might have had before, to have ap|peared with the People in Arms, and under the pretence whereof, they might have been exonered in Law, while an Act of Parliament was in Force to protect them, for no Man could say, if a Gentleman gathered 100 or 500 Men together, that he had any ill Design, and tho' he Arm'd them and Train'd them, and kept them together, he could not be accused for any Crime, because the Law allowed him to do so,

under pretence of Arming and Disciplining the Fencible Men, as Authorized by the Act of Security.

This appeared therefore so necessary at this Time, That a Proposal was immediately brought in to Repeal that part of the Act of Security, at least to Suspend it for a Time; There was great Opposition made to this Proposal, and abun|dance of Speeches made Applauding the Act of Security, how difficultly it was obtained, and how much of the Liber|ty of Scotland depended upon it—; But the Motion be|ing seconded with the Necessity of the Time, and the Causes as above, and withal the Proposal being made to extend it only to the Time of the present Session of Parliament, as per the Vote, it admitted the less Opposition.

MINUTE XXX.

Saturday 30. November 1706.

Prayers Said,

Rolls Called,

Address of the Magistrates and Town Council of the Burgh of Air, for such Rectifications of the Articles of Union, and such Eases of Duties and publick Taxes, as are most agreeable to the Circum|stances of this Nation, given in and Read.

Address of Heretors and others, Inhabitants of the Town and Paroch of Burntisland, Subscribers of the same, against an Union with England in the Terms of the Articles, given in and Read.

Thereafter the Act suspending the Effect of a Clause, as to Arming and Exercising the Country in the Act of Security, past in the second Session of this current Parliament again Read, and after some Rea|soning thereupon, and some Amendments, the Act as amended was again Read.

Then the Vote was put, Aprove of the Act or not, and it carried Approve, and was touched with the Scepter by Her Majesties High Commissioner in the usual manner, under the Title of Act against all Musters and Rendezvouzes during the present Session of Parliament.

And the said Act and the Proclamation mentioned in the Minutes of the last Sederunt were ordered to be furth with Published & Printed.

Thereafter the Seventh Article of Union was again Read, and after Reasoning upon that part thereof not formerly approven, it was put to the Vote, Approve of the said Seventh Article or not, and it carried Approve.

A Print was then given in, Intituled, An Account of the Burning of the Articles of Ʋnion at Dumfreis, bearing the Declaration Read, and affixt at the Mercat Cross thereof by the Tumult assembled on that Occasion; and it being moved, That Inquiry shall be made who

has been the Printer and Ingiver of the said Scurrilcus Paper, and that the Print be Burnt by the Hand of the Hangman.

It was Remitted to the Committee, to whom the Sixth Article of Union is Remitted, to call for the Magistrates of Edinburgh, and to take Tryal and make Inquiry anent the Printer and Ingiver of the said Paper.

Ordered also, That the said Scurrilous Print be Burn'd by the Hand of the Common Hangman at the Mercat Cross of Edinburgh upon Monday next betwixt Eleven and Twelve of the Clock, and the Magistrates of Edinburgh appointed to see the Order punctually executed.

Then the Eight Article of Union was Read, and Remitted to the Committee, to whom the Sixth Article is Remitted.

Act for Adjourning the Session till the first Day of January next, Read, and a Clause was offered to be subjoyned thereto, in these Terms; And further, Her Majesty, with Advice and Consent foresaid, Statutes and Or|dains, That the Session, which is Appointed to Rise the last Day of Fe|bruary next, be continued to sit, for Administration of Justice to the Liedges, from the said day to the last day of March 1707 years inclusive.

Which being Read, the Consideration of the said Clause delayed till the Act be again Read, and a first Reading was Ordered to be marked on the Act.

Thereafter it was intimate to all such Members, as gave in any Overtures or Clauses (relating to the Sixth Article of Union) to at|tend the Committee next Sederunt.

Adjourned till Tuesday next at Ten of the Clock.

OBSERVATION XXX.

The Debates of this Day were principally taken up about Re|pealing the Clause of the Act of Security anent Arming & Exer|cising as before, and great Struggles were made to preserve the Clause, but it look'd so like Abetting the Tumults which were now in their Height, that no Man could speak heartily to it, for all Men pretended, at least, to disowne the Design of Rabbling the Parliament, and breaking up their Consultations by Tumults and Violence, but yet, as far as they could drive it, they opposed this Vote.

At last it was carried, and the Act was touched, and is printed in that part of this Work, Intituled, Of the carrying on the Treaty in Scotland, Folio 74.

The Paper about Burning the Articles at Dumfreis was now censur'd, and the Printer, kept out of the way some time, but no Proceedings were made on it, only that the Paper was burnt by the Hangman according to the Order.

The Difficulties of the Sixth, Seventh and Eighth Articles, being generally respecting Taxes, Excises, Salt, Exportations and Importations, &c. of Trade; were referred to the Com|mittee

to settle, and shall be spoken to as they came again before the House.

It is to be observed, among the great Croud of Addresses that had been brought into the House, one of this day from the Burgh of Air, differed from the Generality, and was not as others, against an Ʋnion with England in the Terms of the Ar|ticles; But was for Rectification of the Articles, and Ease of Taxes; This had some seeming Softness in it, and appeared more reasonable than the other, and the Parliament seem'd General|ly Inclined to enter upon Rectifications and Ease of Taxes, and the References to the Committee were with that Prospect, the Difficulty lay how to Regulate and so Govern the said Re|gulations, as to make them equal to both Kingdoms, Reason|able in Scotland to Ask, and Reasonable in England to Com|ply with, that so the Poor might, as far as possible, be Eased, the Circumstances of both Kingdoms be Considered, and Eng|land not be Imposed upon, for they were not Ignorant that there were Vigilant Endeavours at Work, to obtain such Amendments as England should stick at, and as might, at least, occasion the Treaty to be sent back to Scotland for further Amendments; and then they would be able to raise such fur|ther Difficulties, that the Time might Expire upon their hands, and then the whole Work had been to do over again.

MINUTE XXXI.

Tuesday 3. December 1706.

Prayers said,

Rolls Called,

Then the following Addresses were given in and Read, viz. Ad|dress of the Merchants, Deacons, Trades and other Inhabitants of the Burgh of dir subscribers of the same; Address of Barons, Free|holders, Heretors and others of the Four Parochins of Glenkenns in the Shire of Galloway subscribing the same; and Address of the Ma|gistrates, Town-Council, Burgesses and Inhabitants of the Burgh of New Galloway subscribers of the same, all against an Union with England in the Terms of the Articles.

Thereafter the Act adjourning the Session till the first of January next was again Read, as also the Clause continuing the sitting thereof from the last of February till the last day of March next inclusive, insert in the Minutes of the last Sederunt, and after debate, it was put to the Vote, Add the Clause or not, and it carried Add.

And the Clause being added, The Vote was put, Approve the Act or not, and it carried Approve.

Ordered, That the Council of Trade do meet and give in their Observations as to Export and Import, and Ballance of Trade, to the Committee to whom the Sixth and Eighth Articles are Remit|ted, and that betwixt and the next Sederunt of the said Committee.

Then the Ninth Article of Union was Read, and after Reasoning thereon it was moved, That Six Months Cess shall be the Quota of the Tax to be Imposed on Scotland, in place of Eight Months agreed to by the said Article, and after debate thereupon,

A Vote was stated Approve of the Ninth Article or not.

And thereupon a second state of a Vote was offered, viz. Whether Six Months Cess or Eight Months Cess should be the Quota of the Tax to be charged on Scotland.

Then the Vote was put, Which of the two should be the state of the Vote, First or Second, and it carried First.

Whereupon it was put to the Vote, Approve of the said Ninth Ar|ticle or not, and it carried Approve.

Thereafter the Tenth, Eleventh, Twelfth and Thirteenth Articles of Union were all severally Read, and were separately Voted and Approven.

The Fourteenth Article of Union Read, and the Consideration thereof delayed till next Sederunt, to be then proceeded upon, pre|vious to all other Business.

Act adjourning the Session to the first day of January next, and continuing the sitting thereof from the last of February till the last day of March next inclusive, Touched with the Scepter by Her Majesties high Commissioner in the usual manner.

Adjourned till Thursday next at Ten of the Clock.

OBSERVATION XXXI.

The Ninth of the Articles of the Union, could admit of no Debate, but whether the Eight Months Cess agreed to be the Proportion of Scotland, to the Land Tax of Four Shillings per Pound upon Rent in England, were founded upon a true Scale of Equalities: I have already stated this Question in the Observations on the Minutes of the Treaty at London, and need not repeat them; but observe, that the Proposal now made of Six Months Cess, to the English Two Million Land-Tax, had no Arguments at all to support it, that could be made good by just Proportions, neither were there any Schemes offered to the House, to Form any other Proportions from, or to prove any thing of Equalities upon; So the making this Offer produced no other Effect, than the bare reciting the several Calculates and Proportions upon which the other was Formed, and which had been approved in the Treaty at London, and upon an Easie Examination, they ap|peared so Just, that nothing could be offered of any real

Weight, to move the Parliament to alter it; So this Clause past with small Difficulty.

The Tenth, Eleventh, Twelfth, Thirteenth Articles re|quired no Debate, consisting only of Exemptions to Scotland from several Duties and Taxes paid in England, which could not be Extended to Scotland, such as Stampt Paper, which in Scotland could not consist with the Methods of the Law, nor be born in Trade; or the Window Lights, which was De|termined not to be continued in England, and the Coal and Culm, which according to the Method of that Tax in Eng|land, did not reach to the Coal in Scotland, other than such as should be carried into England, or Exported into Foreign parts, which were expresly provided for in the Clause, in these words, That Scotland shall be charged with the same Du|ties as in England, for all Coal, Culm, and Cynders not consumed in Scotland: As to the Malt Tax in England, which was the Thirteenth Article, it was Temporary, and could not Extend to Scotland without a new Law, and that was provided against in the next Article.

MINUTE XXXII.

Thursday 5. December 1706.

Prayers Said,

Rolls Called,

The Parliament was then acquainted, That the Report of the Committee anent the Calculation of the Equivalent remitted to them was ready, and in the Clerks Hands, and that all Persons concerned may see the same and grounds whereupon it proceeds, before the Report be brought in to the Parliament.

Thereafter the Fourteenth Article of Union was again Read, and an Amendment and Addition thereto was offered in these Terms, And that the part of the Ʋnited Kingdom, now called Scotland, shall not in all time coming be charged with any Malt Tax, or any other Customs, Excises, Taxes or any other Burdens or Duties than these con|sented to in this Treaty.

And after some Reasoning upon the first part of the said Clause in Relation to the Malt-Tax, It was proposed, That the Amend|ment should be in these Terms, with this further Provision, That any Malt to be made and consumed within that part of the Ʋnited Kingdom, now called Scotland, shall not be charged with any Impositi|on on Malt during this present War.

And after some further Debate, The Vote was stated, Whether the Exemption from any Imposition on Malt shall be Temporary or Per|petual.

Then the Vote was put, Whether the Exemption shall be Temporary or Perpetual, and it carried Temporary.

Thereafter it was proposed, That the Exemption shall be during this present War.

It was also proposed, That the Exemption shall be for a longer Time.

And after Debate thereon, The Vote was stated, Whether the Exemption from any Imposition on Malt shall be during this present War, or for a longer time, and it carried during this present War.

Then the Article as Amended was again Read, and the further Consideration thereof delayed till next Sederunt of Parliament, to be then proceeded upon previous to all other Business.

Adjourned till to Morrow at Ten a Clock.

OBSERVATION XXXII.

The Affair of the Malt-Tax came upon the Stage, in the Debate of the Fourteenth Article, because it was but a Tem|porary Tax in England; and therefore was to be Considered amongst these Things, which the Parliament of Great Britain might hereafter lay Taxes upon.

The Treaters had Acquiesced in a Supposition offered in En|gland in these Words, That the Parliament of Great-Britain could not be supposed to lay any sorts of Burdens upon the Ʋnited King|dom, but what they shall find of Necessity at that time for the Preser|vation and Good of the whole and with due Regard to the Circumstan|ces and Abilities of every part of the Ʋnited Kingdom; Therefore it is agreed, that there be no further Exemption insisted upon for any part of the Ʋnited Kingdom, but that the Consideration of any Exemp|tions beyond what are already agreed on in this Treaty shall be left to the Determination of the Parliament of Great-Britain; Upon this Account they did not insist upon Exemptions of Duties any further, than the said Duties were then Extended in England. But People were now come a greater length, and they did not care to Trust the British Parliament so far—; They had encouraged all manner of Jealousies of the British Parliament, the People had received no Notions, but of Scotlands being always Opprest by them, both in Civil and Religious Con|cerns: And that therefore nothing was to be left to them. That the British Parliament was to be Fenced against as a declared Enemy, and the Representatives of Scotland being like to be but a Few, viz. Fourty Five to Five Hundred and Thirteen, they were to be Crushed by Number, Outvoted and Disregarded in every Thing relating to Scotland.

There is no more Wonder to be made, that they were for making every Thing secure, and settling it to Points and Punctilios, who had entertain'd such Notions as these; The Malt-Tax therefore being acknowledged Insupportable in Scot|land,

and the Treaters having Determined it so, and Exemp|ted Scotland from it, for as long Time as it was now in Force in England, the Parliament building upon that Supposition, resolve to Determine the time of the Exemption, that they may be sure of it.

It was moved very briskly, That Scotland should for ever be Exempt from it; but that went not far, as appears in the Vote, some were for a certain Term of years, some for an Exemption during the War, others for a certain Number of years after the War.

The Exemption during the War, seem'd the most rational, because it was known, that the Tax upon Malt was a Tem|porary Tax, given but upon the Emergence of the War, and as the Gentry of England were with difficulty brought to sub|mit to it, so they were not Easie under it, and would never suffer it to continue after the War, having for that End given it but from year to year, that it might not be entangled with Anticipations, or appropriated to Payments that should con|tinue it; And therefore to Exempt Scotland during the War, was a total Exemption in its kind, and seemed sufficient—; This was Opposed a little, but as being a Point gain'd, those who sought the Regulation of Conditions only, came freely into it, and so it passed.

MINUTE XXXIII.

Friday 6. December 1706.

Prayers said,

Rolls Called,

The Fourteenth Article of Union as amended again Read, as al|so the Clause offered to be added to the said Article, insert in the Minutes of the last Sederunt, as to the Exemption from any other Customs, Excises, Taxes, or any other Burdens or Duties, than those consented to in this Treaty.

There were two States of a Vote proposed, the first in these Terms, Approve of the Article as amended or not, and the Second in these Terms, Approve or Amend.

And before Voting it was agreed, That the Members shall be marked as they shall Vote in both Votes, and that the List of their Names shall be Recorded and Printed accordingly.

Then it was put to the Vote, which of the two shall be the State of the Vote, First or Second, and it carried First.

Thereafter the Vote was put, Approve of the Article as amended or not, and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXIII.

The Debate of this Day run only upon the Affair men|tioned before, viz. Whether they should depend upon the British Parliament maintaining a just and equal Regard to the Good of the whole United Island after the Union, and that they would have Respect to the Circumstances of every part in their laying on Taxes, or whether they should pin them down in all time coming, that no other Burdens or Taxes should be laid on, than those already mentioned.

The Supposition of the Parliament of Britains being par|tial against Scotland, and the Representatives of Scotland be|ing few, being oppress'd and out-voted, as I have noted al|ready, tho' it was a Popular Notion, and improved to an extravagant Height without Doors, yet it had not obtained so, as to be owned in the Parliament, nor indeed could any Man, with just Reason, have supposed such a thing; And therefore, to offer at a positive Limitation on the Parliament of Britain, seemed to have something in it very harsh.

Again it was alledged, That, to Limit the Parliament of Britain, not to lay on any other Customs, Excises, Taxes, Duties or Burdens, than those consented to in this Act, was to take away the Power from the People of Britain, to conform their Affairs even to their own Circumstances, since the Time might come, when some of these Duties might become bur|densome, that now were not so, and others, which now would be burdensome, might be more for the Publick Service; but to ty the Parliament down absolutely as in this Clause, would be to Limit them from making Alterations in the Publick Taxes, tho' apparently for the Publick Advantage, and would in effect take from them that Power, for which they were really constituted, viz. To Dispose the Peoples Purses, and Redress their Grievances.

It was long Argued, That the Parliament ought to be Li|mited in this Case, because of the Danger there was of Scot|land being burdened with Intolerable Taxes, and of the pre|sent Circumstances of Scotland which were allowed to be un|able to bear them; That under the pretence of Alteration of Taxes, Oppressive Duties might be laid upon Scotland, which, tho' they might be tolerable in England, were not so here, and they ought to provide against them.

But it was Resolved at last into this, That all future Con|tingencies must be left to a British Parliament, and the Words of the Articles contained a sufficient Reason for so doing, viz. It could not be supposed, That the Parliament of Great-Britain will ever lay any sorts of Burdens upon the Ʋnited King|dom, but what they shall find of Necessity, at that time, for the Preservation and Good of the whole, and with due Regard to the Cir|cumstances

and Abilities of every part of the Ʋnited Kingdom; Therefore it is Agreed, That there be no further Exemption insist|ed upon for any part of the Ʋnited Kingdom, but that the Consideration of any Exemptions, beyond what are already agreed on in this Treaty, shall be left to the Determination of the Parlia|ment of Great-Britain.

And thus, with some Difficulty, the Clause was pass'd, without any further Amendment.

MINUTE XXXIV.

Saturday 7. December 1706.

Prayers Said,

Rolls Called,

The Fifteenth Article of Union Read, and thereafter the first Clause or Paragraph thereof again read; As also the Report brought in from the Committee for Examining the Calculation of the Equi|valent being as follows; The Committee of Parliament, to whom the considering of the Calculation of the Equivalent was remitted, having considered the Report made to them by Doctor James Gregory Professor of the Mathematicks in the Colledge of Edinburgh, and the Report made by Doctor Thomas Bowar Profes|sor of the Mathematicks in the Colledge of Aberdeen, of their seve|ral and respective Examinations of the Calcul, and Grounds thereof, whereupon the Commissioners, in Treating the Article for establish|ing the Equivalent, did proceed, and also having considered the Re|port of the Sub-committee thereanent, they find, That the Compu|tation of the Equivalent mentioned in the Article is just, and that the Calcul is exact, and well founded in the Terms, and in Manner expressed in the said Article.

Whereupon it was proposed, to delay the Consideration of the said Fifteenth Article, until Reports be brought in, in Relation to the Sixth and Eighth Articles, from the Committee, to whom the saids Articles are remitted.

And after Debate thereon, it was agreed, That the proceeding on the Fifteenth Article shall not be understood to be any Determination of the Sixth or Eighth Articles that stand committed; But that the Reasoning and Voting on the Sixth and Eighth Ar|ticles shall be intire.

Then a State of a Vote was offered in these Terms, Approve of the first Paragraph of the Fifteenth Article, or Not.

But it being moved, That the Parliament first consider, whether we shall be concerned in the payment of the English Debts: A se|cond State was thereupon offered, whether we shall ingage in the payment of the Debts of England, Yea, or Not.

And after some Reasoning thereon, it was put to the Vote, which of the two should be the State of the Vote, First, or Second.

And before Voting, it was agreed, That the Members Votes shall be marked, and that a List of their Names, as they shall Vote, shall be Printed and Recorded.

And the Lord Beilhaven gave in a Protest, as follows: I do Pro|test in my own Name, and in the Name of all those who do adhere to this my Protest, That the Voting and Agreeing to the first Clause of the Fifteenth Article of the Treaty of Ʋnion, doth no ways infer any manner of Consent or Agreement, That Scotland should be lyable to the English Debt in general, but that it may be lawful to object against any Branch of the said Debt not already determined: And he took Instruments thereupon, and the Duke of Hamilton, the Earl of Selkirk, the Lord Saltoun, Andrew Fletcher of Saltoun, Sir Humphrey Colquhoun of Luss, David Bethun of Balfour, Major Henry Balfour of Dunboig, Mr. Tho|mas Hope of Rankeilor, Alexander Watson, and Mr. Robert Frazer, ad|hered thereto.

Then the Vote was put, First, or Second, and it carried First.

Thereafter it was put to the Vote, Approve of the first Clause or Para|graph of the Fifteenth Article, or not, and it carried Approve.

Her Majesties High Commissioner, and the Estates of Parliament, did recommend the Persons imployed in the Calculation of the Equi|valent by the Committee, to whom the Examining thereof was re|mitted, to the Lords of Her Majesties Thesaury, for a Gratification for their Pains.

Adjourned till Tuesday next at Ten of the Clock.

OBSERVATION XXXIV.

They were now come to the great Article of the Equiva|lent; It had been offered at in the {left blank} Article, and by Consent referred to a Committee, which Committee had spent a great deal of Time upon it, had Examined all the Calcula|tions made by the Clerks imployed in London during the Trea|ty, had cast up the Interests, and the Valuation of Years, to reduce every Annual payment upon ready Money, upon equal Rebates & Allowances, and their Report was now brought in, by which it appears, That the Calculations made in England were very just, so that no Objection lay against that part of the Work.

The first Question then was, Why Scotland should concern it self in paying Englands Debts at all, and on this Head it is necessary to be something large, since the Learned Debates on this Head filled the whole Nation, and the Opposers of the Union advanced abundance of Objections against the very Thing called an Equivalent, in the first place, as needless and impertinent; That England should pay its own Debts, and keep her own Money, and the like; That, to make Scotland

pay Taxes, and then give her an Equivalent, was doing no|thing as to Equalities, for that tho' it might be an Equality, Nationally speaking, it had no Personal Justice or Equality at all, since the private Persons that should pay it, would never receive any Equivalent for the Injury they received.

Some Answers to this I shall set down here, as they were argued in the House, and after made publick by an Honou|rable Member of the Parliament, now Baron of the Exchequer in Scotland, Mr. Clark of Pennycook.

• 1. That no Communication of the Trade of England can be given to the Subjects of Scotland, unless we are sa|tisfied to pay equal Customs and Duties upon Export and Import, and equal Excises. The Reason is plain, for other|wise the Merchants residing in Scotland, would be put in a Condition to Ruine the whole Trade of England.
• 2. That an Equality of Excises in both Kingdoms, is as necessary as an Equality of Customs, for not only all imme|diate Burdens on Trade are to be regarded, but even these things which Affect and Influence Trade.
• 3. That tho' a Federal Ʋnion was Practicable between the two kingdoms (as I believe it is not) yet even by that Union, we behoved to undergo the Burden of equal Customs and Excises, otherwise there could be no Com|munication of Trade.
• 4. That a great part of the English Customs and Excises is appropriated towards Payment of their Debts; so that the paying of the English Debts, and the paying of equal Customs and Excises, are almost reciprocal Terms to signi|fie one and the same thing, or otherwise, that these Cu|stoms and Excises payed after the Union, will be appro|priated towards paying our own Debts, which is the same, as shall more fully appear hereafter.
• 5. That these Debts (being after the Union, to be called The Debts of Great-Britain) are so necessary and in|evitable Burdens on Scotland, that neither by an Incorpo|rating or Federal Union with England, can Scotland be free of 'em, since as is said before, they are included and wrap|ped up in the very Notion of equal Customs and Excises.

From these Positions it follows, That since under all sorts of Union whatsomever, with a Communication of Trade, we must be Subjected to equal Customs and Excises, and that a great part of these is applyed towards Payment of the Debts of England, therefore in common Justice, a Provision behoved to be made to Scotland, for re-imbursing what we shall be charged on the Score of these Debts, which by this Article of the Treaty, is called An Equivalent.

This Equivalent is so Contrived and Adjusted, that thereby we cannot properly look on our selves as engaged

in the English Debts, for no Man can be properly said to pay a Debt for another, when the Money is either advan|ced before hand to the Payer, or at furthest, the next Mo|ment after it is payed out, which will be Scotlands Case.

It was evident that a Communication of Trade was the In|terest of Scotland, and was the clearest Advantage on the Scots side, and most Unexceptionable in the whole Treaty; It was impossible this Communication of Trade could be E|stablished, and could be entirely Free, unless an Equality of Customs, Excises, and of all sorts of Payments were settled at the same Time; So that these People who were so back|ward to come into the English Debts, were leading into a Re|jecting the only Advantage, which they themselves acknow|ledged was to be had by the Union.

The Equality of Excises and Customs being thus absolute|ly necessary, the English Debts came to be concerned, be|cause the Customs and Excises of England being appropri|ated as Funds to pay the Interests of Annuities, and such In|cumbrances, the same Duties in Scotland would of course run in the same Channel, come into the same Charge, and under the same Incumbrances, as it could not be otherwise, without running Things into all manner of Confusion.

The Treaters in London had been convinc'd of this, and therefore readily came into it, demanding an Equivalent to Scotland, suited to so much of the Scots Revenue, as should be so appropriated to the payment of the English Debts.

But it was the hardest Thing in the World, to make the People in Scotland apprehend it—; Not but that those who were more immediately concern'd in the Debating it, understood it well enough; But it serv'd as a Handle to Rally the Union, & the Thing being rendred as Intricate to the com|mon People as possible, that they might be the more moved to Oppose it; These Ignorantly running away with a Noti|on, that Scotland was to pay the English Debts, began to Rage at the Treaters again, and cry out, They were Sold and Betray|ed; to tell them of an Equivalent, was to say nothing, and as, many did not understand it, so they that did, would not seem to understand it; the very Word became Proverbial, and was the Jest of Conversation, till the Aversion to it ren|red it in a manner Contemptible. To bring Scotland in to pay the English Debts! What was not Scotland Poor enough already? Was this the Advantage of the Union! It could not be suffered, and the Treaters had Betrayed them: Such Discourse as this was the Subject of the common Peoples Con|versation, and the Answering them with the story of an E|quivalent to be paid them, was to tell them something which they neither understood, nor entered into the Examination of.

It would be very hard to describe, how this kind of Dis|course irritated the poor People, and how they were imposed upon in the daily Accounts spread of this new Wonder, cal|led The Equivalent, of which Calculations were made publick, representing, That in a year Scotland would Repay all the Money advanced from England, by the increase of Customs and Excises; & so after that Rate, notwithstanding of the Equi|valent, Scotland would be drawn into an Entail of Taxes for an Hundred Years, to clear off the vast Debt of Twenty Mil|lions, which England was now liable to.

I shall have occasion to Answer this in a subsequent Observa|tion. But I can not but Note, That by a due Calculation laid be|fore the Parliament, it was made very plain, That England would be so far from being Re-imburst in a Year, as above, that reckoning the common Interest of the Money advanced in the Equivalent, with the Medium of Years in which great part of the Duties the other People had Calculated from, was to Expire, the Equivalent Advanced in Money to Scotland would not be Re-payed in Ninety Years.

Yet was not all this able to Allay the Prejudices of the People, at the Affair of paying the English Debt, which they run away with so eagerly, and so universally Raged against, that had not the Rabbles been in good time Crush'd before, and that so effectually, that they could not begin again, it was thought this very thing would have Influenced them to a more dangerous Degree than any thing.

But this was offer'd by degrees, the Work of this Day was only to Debate the first Clause, viz. Whether Scotland should be intirely free from the English Debts, or whether they should come in to the Appropriations of the English Duties, accep|ting of an Equivalent, and after a very Warm Debate, the Case was carried, as by the Minute.

MINUTE XXXV.

Tuesday 10. December 1706.

Prayers said,

Rolls Called,

Address of Heretors and Commons of the Town and Paroch of Douglass subscribing the same, and Address of Parochioners of Car|michael and Petinean, subscribers of the same, both against an Uni|on with England in the Terms of the Articles were given in and Read.

The Sixth Article of Union again Read, as also a Report of the Committee to whom the same was Remitted in the Terms follow|ing,

viz. The Committee of Parliament appointed for considering the Sixth Article of the Treaty of Ʋnion and Proposals made in Parliament relative thereto, having considered the Clause under-written, anent the Preemiums and Rewards for Exporting of Victual, are of Opinion, that the Clause after-mentioned be added to the Article of Union, where|of the Tenor follows, Viz. And seing by the Laws of England, not|withstanding there are Rewards granted upon the Exportation of certain kinds of Grain, wherein Oats Grinded or Ʋngrinded are not specified, That from and after the Ʋnion when Oats shall be at Fifteen shilling Sterling per Quarter or under, there shall be payed Two shilling and Six pence Sterling for every Quarter of the Oat Meal Exported in the Terms of the Law, whereby, and so long as Rewards are granted for Exportation of other Grains, and that the Bear of Scotland have the same Rewards as Barley.

And upon a Motion, That the Praemium to be allowed should be higher, after a long debate thereon, it was put to the Vote, Approve of the Report or alter, and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXV.

The Commmittee to whom the several Articles about Trade were refer'd, began now to make their Reports, and begin|ning with the Sixth Article concerning Equalities of Allow|ances and Encouragements, they made their Report about the Allowances on Exporting Victual, by which is understood Corn only, which is commonly called Victual in Scotland.

The Allowance here offered by the Committee, was on these Considerations, It had been used in England to give a Bounty or Allowance on the Exportation of Grain, to En|courage the Merchant to Export it, being a sure Rule in Trade, that all the meer Product of the Earth which can be spared and Exported Abroad, over and above the necessary Con|sumption of the Nation, is clear-Gain to the publick Stock.

But Oats in England had no Allowance or Bounty on the Exportation, because it was generally supposed, That Eng|land had never any Quantity of Oats to spare more than they Consumed among themselves, but were rather alwise ready to Buy Oats from Abroad, than to Export them.

On the other hand, Oats being the principal kind of Grain Sowed in Scotland, it was equally necessary to Encourage the Exporting of Oats, as it was to Encourage the Exporting Wheat in England.

But this was Answered, by telling them, that there was no need of proposing a Bounty upon the Exportation of Oats, for that England would always take off what ever Quantity of Oats they would part with, and to offer a Bounty for Expor|tation of that Abroad, which was really wanted at Home,

was Absurd, contrary to the Rules of Trade, and the Nature of the Thing. Further it was offered, That should a Bounty be offer'd on the Exportation of Oats, the Out-ports in England, who now supply London, lying ready for the Trade to Holland and Flanders, would send all their Oats Abroad, and London would not be supplyed but upon dear Rates.

These Arguments prevailed with the Committee as to Oats, but there being a very Gainful Trade carried on from Scotland to Norway for Oat-Meal, which it was worth while to encourage, as a Trade that Generally brought into Scotland a great deal of Bullion, and Money in specie, the Committee thought fit to place a Bounty upon the Exportation of the Oat-Meal, as per the Vote, and the state of the Time when the said Bounty should be paid being fix'd, when Oats shall be no higher than Fifteen Shillings per Quarter, there could be no danger, that the greatness of the Export should Influence the Market at London, so as to make Oats Scarce or Dear, since after they came to Fifteen Shillings per Quarter, no Boun|ty Money could be demanded.

This was founded upon so just a Calculation of Equalities in Trade, that it met with no Opposition in the Parliament.

MINUTE XXXVI.

Wednesday 11. December 1706.

Prayers Said,

Rolls Called,

Then the following Addresses were given in and read, viz. Ad|dress of the Presbytery of Dumblain, subscribing the same; Ad|dress of the Presbytery of Hamilton, subscribing the same; Ad|dress of the Inhabitants of the Parochins of Caputh, Lethendy, Alyth and Kinloch in Perth-shire, Subscribers of the same; Address of the Inhabitants of the Parochins of Errol, Kilspindie, Kinnaird, Inchture, Longforgan, St. Madoes and Kinfauns in Perth shire, sub|scribing the same; Address of Heretors, the Minister, Elders and Heads of Families in the Paroch of Logie, Subscribers of the same; And Address of the Parochins of Airth, Larbert, Dunipace and Den|ny, subscribing the same; all against an Union with England in the Terms of the Articles.

Thereafter a Proposal given in for a further Addition to the Sixth Article, in these Terms, viz. And that there be likewise a Proemium allowed for the Exportation of Oats proportionally with the Meal, Compt|ing Three Bolls of Oats to one Quarter of Meal; so that the Proemium may be Ten Shilling Scots for every Boll of Oats Exported.

Which being read, after debate thereupon, it was put to the Vote, Allow a Proemium on the Exportation of Oats, or not? and it carried not.

Then a second Report of the Committer, to whom the Sixth Article is remitted, was brought in, and read in these Terms; The Committee of Parliament appointed for considering the Sixth Article of the Treaty of Ʋnion, and Proposals made in Parliament relative thereto; Having Considered the Clause under written, are of Opinion, That it should be added to the Articles of Ʋnion as follows; And in respect the Importation of Victual into Scotland from any place beyond Sea would prove a Discouragement to Tillage; Therefore, That the Pro|hibition, as now in Force by the Law of Scotland, against Importation of Victual from Ireland, or any other place beyond Sea into Scotland, do, after the Ʋnion, remain in the same Force, as now it is.

And after some Reasoning, it was proposed to add to the above Report the subsequent Clause, viz. Ʋntil more proper and effectual ways be provided by the Parliament of Great-Britain, for discouraging the Importation of the said Victual from beyond Sea: And after some further Reasoning, the said second Report was agreed to, And it was put to the Vote, Add the above Clause to the said Report, or not, and it carried Add.

Thereafter an Overture for an Act for Additional Proemiums on Exportation of Victual, to commence the first of February, and to end the last of April both next to come inclusive, given in and read; And agreed, That the same be taken into Consideration immediate|ly after the Reports relating to the Sixth Article of Union.

Then a Third Report brought in from the said Committee was read in these Terms; The Committee of Parliament appointed for considering the Sixth Article of the Treaty of Union, and Proposals made in Parliament relative thereto; Having considered the Clause mentioned in the Twenty Seventh Days Minutes, anent the Making and Exporting of Plaiding, Fingrams, Galloway-whites, Sarges, Stockings, and all sorts of Linen to England, Dominions and Planta|tions thereof, or any part beyond Sea, free of any Duty or Imposition; and having considered the English Acts of Parliament relative there|unto, particularly the 32 Act primo Gulielmi & Mariae, and the Twenty Act Gul. undecimo & duodecimo, in regard there appears to be no Restraint at present; regulating the way and manner of mak|ing English Woollen Cloaths and others to be Exported, and that all the Woollen Manufactures are declared to be free of Duty and Impo|sition whatsoever at Exporting, and that, by the said Sixth Article of the Treaty of Union; all parts of the United Kingdom are to have the same Allowances and Encouragements; Therefore the Committee are of Opinion, That the adding the foresaid Clause to the Articles of Treaty is unnecessary.

And after Debate the Vote was put, Approve of the said Third Re|port, or not; and it carried Approve.

Thereafter a Fourth Report was brought in from the said Commit|tee, and read in these Terms, viz. The Committee, to whom the

Consideration of the Sixth Article of Union, and Proposals made in Parliament relative thereto, are Remitted; Having considered that Clause mentioned in the Twenty Seventh Days Minutes; That, af|ter the Union, all sorts of Scots Linen, or any kind of Cloath made of Flax or Hemp, be Exported out of the United Kingdom free of all Customs or Impositions whatsoever; After full Reasoning on the said Clause, the Committee are of Opinion. That the adding of the said Clause to the Articles of the Treaty of Union is unnecessary, the English Duty on Linen being only Sixpence Sterling on the Fourty English Elns.

And after Debate thereon, a Vote was stated, Approve of the said Fourth Report of the Committee, or Alter; and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXVI.

Notwithstanding what was argued in the Committeee, which I have noted above, and at which I was present, having had the Occasion to make several of these Calculations for the Service of the said Committee: Some Gentlemen in the Par|liament insisted upon the allowing a Drawback or Bounty Money upon Exportation of Oats; but when the same Rea|sons mentioned above, which had been argued in the Com|mittee, came to be offered in full Parliament, it was so con|vincing, that they soon acquiesc'd, and so it was carryed without, as per the Minute.

The subsequent Reports of the Committee mentioned in this Days Minutes, seemed only to add the Authority of the Committees Examinations to what had before been offered in Publick, viz. That, after the Union, the Exportation of Linen and Woollen Manufactures would be free, and the se|veral Manufactures be under no Restraint or Regulations, but that either in Transporting them to England, or Exporting them to Foreign Parts, all was open and free by the Union.

And this Report of the Committee was a full Proof of what I have all along alledged, viz. That the Common People of Scotland were intolerably imposed upon, in the Accounts spread abroad relating especially to Trade, and in this in par|ticular, viz. That the Scots Woollen and Linen Manufacture would be subjected to several Restrictions and Regulations in England, which could not be complyed with.

This was grounded upon an Office in England, granted by Patent some Years since, which was called the Aulnage, which amounted to no more, than putting a Seal and demanding a Fee upon every parcel of Woollen Manufactures brought to London, under pretence of Viewing if they were Marketable—; But this Duty or Fee being a very small Trifle, and the Power of Inspecting found deficient, it was of no Force at all, and therefore, upon the Committees Examining this, they saw no Ground of Objection.

The next Objection was about Exportation, and here it is observable, That the Opposers of the Union had not only suggested, but openly printed, and exposed about the Streets such Absurdities as these, That the Scots Linen would not be admitted into England, but a great Duty would be laid upon it to gratifie the Dutch; That great Duties were to be paid upon both Linen and Woollen Manufactures on their Exportation, and the like. Now it was very happy, that these things came to be Considered and Examined by a Committee.

For now it was evident,

• 1. That no Duty could be laid on the Transporting any Linen or Woollen Goods from Scotland to England, which were the Growth or Manufacture of Scotland, the Article of Communication of Trade having effectually taken off all Impositions between the Counties or Shires of all Great-Britain equally to all.
• 2. As to the Duty on Woollen Goods, there never was any Duty paid Outward, but what was called the Old Subsidy of Tonnage and Poundage, which was Five per Cent. which had been effectually taken off, & that Act Repealed in the Act of Parliament mentioned in the Re|port, and no Duty at all was paid on any Woollen Ma|nufacture whatever Exported out of England, and by Consequence could not be out of Scotland.
• 3. All Linen Cloth was so 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 said Exportation, and for Linen Exported made in Britain, it was so small a Trifle paid, viz. Sixpence on Fourty Ells, that it was not worth notice.

This Report of the Committee put a great Stop to the Cla|mours, that had been so loud upon the Article of Trade; and when this Vote was made publick, the People began to see they were imposed upon, and that these things in Eng|land were misrepresented.

MINUTE XXXVII.

Thursday 12. December 1706.

Prayers Said,

Rolls Called,

Ordered, That a Scurrilous Print, Intituled, Queries to the Pres|byterian Noblemen, Barons, Burgesses, Ministers and Commoners in Scot|land, who are for the Scheme of an Incorporating Ʋnion with England, according to the Articles agreed upon by the Commissioners of both Nati|ons,

be Burnt by the Hand of the common Hangman at the Market Cross of Edinburgh to Morrow, betwixt Eleven and Twelve of the Clock, and the Magistrates of Edinburgh appointed to see the same punctually done.

And Remitted to the Committee of Parliament, to whom the Sixth and Eighth Articles of Union are Remitted, to make Enquiry anent the Printer, Author and In-giver of the said Scurrilous Paper.

A Fifth Report was then brought in from the Committee, to whom the Sixth Article of Union is remitted, & Read in these Terms,

'The Committee of Parliament appointed for considering the Sixth Ar|ticle of Union and Proposals made in Parliament relative thereto, having considered the Clause under-written, are of Opinion, that it should be added to the Article of Union as follows, Excepting and reserving the Duties upon Export and Import of such parti|cular Commodities from which any Persons the Subjects of either Kingdom, are specially Liberated and Exempted by their private Rights, which after the Union are to remain Safe and Entire to them in all Respects as before the same;

and after some Reason|ing, it was put to the Vote, Approve of the said Fifth Report or not, and it carried Approve.

A Sixth Report brought in from the said Committee was Read in these Terms,

"The Committee are also of Opinion, That there be a Clause added to the Articles of Union in these Terms, viz. That from and after the Union, no Scots Cattle carried into Eng|land, shall be lyable to any other Duties, either on the publick or private Accounts, than these Duties to which the Cattle of Eng|land are or shall be lyable, within the said Kingdom.

And a Vote was stated, Approve of the said Sixth Report or not, and it carried Approve.

A Seventh Report was brought in from the said Committee, and was Read in these Terms,

"The Committee having considered the Clause mentioned in the Twenty Seventh Days Minutes which was desired to be added to the Articles of Union, viz. That Scotland shall be free from and no ways subject to the Prohibitions against Exporting of Wooll, Sheep and Lambs Skins with Wooll upon them, and Woollen Yarn, for the space therein mentioned, after full Reasoning thereanent, The Committee are of Opinion, that the foresaid Clause ought not to added to the Articles of the Treaty, but that the Exporting of Wooll, Sheep and Lambs Skins with Wooll upon them, and Woollen Yarn, ought to be under the same Prohibitions as in England.

And after Reasoning a state of a Vote was offered,

"Approve of the said seventh Report of the Committee as to all except Mort Lambs Skins, and Remit to the said Committee to receive Over|tures for Encouragement of Wooll Masters and Woollen Manu|factures Yea or Not.

After some Reasoning, it was proposed, that a Proemium be given upon Exportation of coarse Cloth made of Tarr'd Wooll, for en|couragement of the Wooll Masters.

And thereafter a Resolve was offered in these Terms, Resolved, 'That there shall be an Encouragement provided to the Heretors of Wool Countries, in case the Report of the Committee anent the Exportation of Wooll &c. be Approven.

And after some Reasoning, a Proposal was given in for adding a Clause in these Terms;

"And for Remeiding the loss Wooll masters may suffer, and for Encouraging the Manufacturing of Tarr'd Wooll within the Kingdom, and to prevent effectually the Expor|ting thereof, It is provided and declared, That for the space of seven years after the Union, when the Tarr'd Wooll within the Shires of Roxburgh, Selkirk and Tweeddale, is at four pound Scots or under for the stone Weight, Fifteen shilling Scots, shall be payed of Proemium for every stone Weight of Tarr'd Wooll, to every Wooll-master, who within a Moneth after the said Tarr'd Wooll is Clipped or Shorn off the Sheep, shall by his own Oath or the Oaths of two habile Witnesses, before any Judge Ordinar, make appear that the Number of Stones of Tarr'd Wooll specified in the said Oaths were truly and really Clipt and Shorn from Sheep in Scot|land, properly belonging to the Persons mentioned in the said Oaths; and which Proemium shall be payed the next Collector of Cess, Excises or Customs, upon delivering to them the foresaid Depositions Signed by the Deponents, and Judge foresaid, with a Receipt of the Money, and the said Collectors and each of them shall be personally lyable for the said Proemium, upon Instruments taken against them in case of Refusal, and the foresaid Depositi|ons and Receipts shall be allowed to the said Collectors as an Ex|oneration in their Accompts pro tanto.

And after some further Debate, that the said seventh Report be Remmitted back to the Committee, with the several Proposals made thereanent, a second state was offered for a Vote in these Terms, Ap|prove of the said Seventh Report of the Committee, or Remit the same and Proposals thereanent back to the Committee.

After Debate, which of the Two should be the state of the Vote, whether First or Second, it was put to the Vote First or Second, and it carried First.

Thereafter the Vote was put Approve of the Seventh Report of the Committee as to all, except Mort Lambs Skins, and Remit to the said Committee to receive Overtures for Encouragement of the Wooll-masters and Woollen-manufacture, or Not: And it carried Approve in the Terms of the state.

Petition of John Henry Huguetan and his Factor, craving to be Naturalized, and also craving a Protection, Read, and the conside|ration thereof delayed till the first Sederunt of Parliament on private Business to be then taken into consideration next after the Act in favours of the Burgh of Dundee.

The Committee appointed to meet in the usual place to morrow at Nine of the Clock.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION XXXVII.

There was a Clause in the Treaty for the reserving all pri|vate Rights, &c. as per the 20th Article; Now some of these private Rights amounted to Exemption from certain Customs & Excises, as particular Privileges to this or that Place or Person, as at Glasgow for Encouragement of their Sugar-works, they are Ex|empted from paying any Excise for the Spirits they Distill from the Melasses, Bottoms, Scummings, &c. and so in several Towns they were Exempted from such and such Cu|stoms—; These were of necessity to be Exempted, because by another Article as above, private Rights on both sides were to be preserved.

Now, as this was for Scotland on one hand, so it was for England on another, for the City of Carlisle and the Family of Sir Christopher Musgrave had an ancient Right of taking Toll of all the Cattel which passed from Scotland to England, over such Passes or Bridges as they had the Lordship of, and these by private Rights were actually reserved.

But the Committee having demanded here the taking away the Toll, payed as above, the private Right on the English side ceased; So that what seem'd solid and confirm'd by the Uni|on in one part, was yet Invaded and taken away by ano|ther—. But to Reconcile this Matter, the Parliament of England Interposed, and when some People thought they had now brought their Affair to a Head, and that now the Trea|ty must break, behold, a Medium was found out in England, viz. That the Parliament in England Bought these private Rights of the City of Carlisle and of the Family of Sir Chri|stopher Musgrave, and giving them an Equivalent for them, they Acquiesced, and all ways were laid open for all manner of Scots or English Goods to Pass and Repass without any Toll, Stoppage, or Interruption, whether Cattle or Corn, or any other kind of Goods except such as (Scotland being Ex|empted from the Taxes of in this Treaty for a Time,) were not to be carried into England during that Limited Time, or if they were carried in, were lyable to the English Duties as soon as they came into England, such as Salt, Coals, Malt, Fish Cur'd with Scots Salt, &c. As is more particularly Explained hereafter.

Thus the private Rights in Scotland were preserved intire, according to the Treaty, and in England also, for if they were Invaded by the Treaty, the Subject had such satisfaction gi|ven him in Money, as that he appeared willing to Resign those Rights—, as the City of Carlisle for instance, who, I think, had Two Thousand Five Hundred Pound Sterling given them, for parting with the Right of Toll upon Scots Cattle, &c.

In this exact Equality, the Sixth Report of the Commit|tee about Scots Cattle, became as it were settled; but it was Objected, That the Parliament might hereafter lay on a par|ticular Tax upon the Scots Cattle passing into England, either in Favours of the Irish Cattle, or upon any other subsequent Oc|casion which could not be foreseen; And therefore, the send|ing Lean Cattle from Scotland into England, being such a considerable Article to Scotland, and on which the Estates of the Northern Gentry did almost wholly depend, all their Rents being paid them in Cattle, for which they had no other Vent or Market but their being sent into England, and that any Tax or Toll being hereafter laid on them, might intire|ly put a stop to it, and consequently Impair, and almost Ruine the Estates of the Gentry and Nobility of Scotland; On this Consideration, it was thought fit by the Committee, to secure Scotland effectually from so much as a Jealousie or Uneasiness about it, by making it a Part of the Union, That From and after the Ʋnion, no Scots Cattle carried into England shall be liable to any other Duties either publick or private than the Cattle of England. This was again an Article of Equality, for the Case was, not to Exempt the Scots Cattle intirely from any Tax, which the United Parliament might think fit to lay on Cattle in General, if ever the Article of General Ex|cises so much talk'd of in England, should be offered at; but to bring the Scots Cattle upon a Level with all the rest of the Cattle in England; and to provide that Scots Cattle, Qua Scots Cattle, should be under no particular National Disad|vantage—; And this was thought Reasonable on every side.

The Seventh Report of the Committee requires some Ex|plication on several Accounts—, It was true, and no Que|stion was to be made of it, That Scotland having then an open Trade with France without Restriction, and that their Wooll was under no Prohibition at all, but freely Exported to France, or any other Part of the World, and that this Li|berty being by the Union to be absolutely and intirely Re|strained, the Prices of Wooll in Scotland would of course very much Fall, and the Gentlemen of the South and West Parts of Scotland, such as in Roxburgh Shire, Selkirk, Tweed|dale, and Galloway, whose Estates very much consisted in the Product of their Sheep, would receive a very sensible Blow by it; Tho' it was remarkable that some People was for gi|ving all Britain a worse Blow, to prevent the Injury done to those Countries, viz. To allow Exporting the Wooll, and some Warm Debates were upon this Head.

To Explain this, it was to be Enquired into, under what kind of Influence, and by whose Management the Trade of Scotland was at first laid open, and the Exporting of Wooll permitted in General; This as it produc'd no Effect, but the ripping up old Sores, and reviving Personal and Party Re|flections,

I shall let Fall. But this was certain, That whoever were the the Occasion of it, the Shipping off the Wooll from Scotland, was very Injurious to the publick Advantage of Scotland, a Mortal Wound given to the Industry of the Peo|ple, discouraging all Attempts of Manufacturing among them, which they were now coming into, and which their Neigh|bours of England had so much been Enriched by: It was ap|parent, That the small Exportation they formerly had of coarse Woollen Manufactures to Swedeland and the Baltick, was now almost brought to a full Stop, and the Swedes on the con|trary took their Wooll from Scotland, which they had not been used to do, by which it was apparent, they having the Wooll, made the Manufactures themselves, and this was a dead Loss to Scotland, just so much as the Employment and Labour of their Poor amounted to.

From this part of National ill Husbandry, no Body could be supposed to receive any Benefit, except the Exporter and the Wooll Master, so they call the Gentlemen of Galloway, Roxburgh Shire, &c. whose Estates are very much depend|ing upon Sheep.

This being the Occasion of the Rising the Prices of their Wooll, and their Advantage being thus begun in the Error and Injury of their Country, it seemed to be no National Affair to make good the Loss that was supposed now to hap|pen by the Union; which was indeed but reducing Things to where they were before, and taking away that Advantage, which, if the Eyes of their Representatives in former Par|liaments had been open, they had never had, and which it was the great Loss of the whole Kingdom, that they ever had at all.

However the Parliament, who, going upon the great Scheme of Equalities so often mentioned, appeared willing to make all People easy; were ready and forward enough to have an Allowance by way of Equivalent given to the Gentlemen that were Sheep Masters, and who should be pinched by the falling of the price of their Wooll; but then it was debated, in what manner that Equivalent should be given, for, to give to particular Persons such and such a Sum of Money, would seem partial, and be short of the Design; as it would be some Personal Satisfaction indeed, but no National Satisfaction: The Money given therefore ought to be for the Publick Good; and this could be by no Method so exactly stated to the Circumstance, as by appropriating the Money to such Gentlemen, who being Wooll Masters, would apply that Money to the Manufacturing that Wooll in their own Country; thereby both encreasing the Consump|tion of the Wooll, and setting the Poor of their respective Countries to Work—; This Scheme had too much Equi|ty in it, and too much of the Publick Good in it to be dis|liked,

nor did those that opposed it pretend to object much against the Reasonableness of it, but still it was opposed, and the Reasons for which it was opposed were manifest.

The Party, who, as I have all along noted, sought some Occasion or other to break off the Treaty, had now this Me|thod only left, viz. To clog the Affair with such Amendments or Alterations, which they knew England either would not or could not grant—; Nor did they stick in Conversati|on honestly to owne, That they did not dislike the Reasons of several Things that they opposed, were they consenting to the Union in general, but they were against the ƲNION, and therefore they were obliged to oppose the Particulars, in order to oppose the General.

These Gentlemen therefore very warmly argued for a Free|dom of Exportation of Wooll, and for having it made a Clause in the Articles; which, if they had gain'd, they easily fore|saw the Union must split upon that Rock, for that England, who have made it Felony, and always prohibited the Export of their Wooll under the greatest Penalties, neither would or indeed could come into it.

It was urged, this Liberty of Exporting Wooll might be restrained to Scotland only; That it was absolutely necessary to Scotland, for that they could not Manufacture all their Wooll in their own Country; That their Wool was Coarse, and did not injure the English Trade, since all their Manu|factures were of Fine Wooll; That, if Scotland could not Manufacture their Wooll, nor should be suffered to Export it, the Wooll would be of no Use, but must perish, and be good for nothing; That the Manufactures now set up in Scot|land, being chiefly Fine Goods, were generally made of Eng|lish Wooll, and after the Union, the Wooll from England be|ing generally brought in thither, the Wooll of Scotland would be of no manner of Value.

But these Arguments were Answered thus, That, to allow the Exportation of Wooll from Scotland only, would oblige the Government to keep still on the Borders, an Army of Offi|cers, to Search and Examine the Passage of all Goods passing between the Kingdoms, and keep up that Distinction of King|doms, which, as to Trade, as well as Government, was to be wholly taken away by the Union—; That, after all, it would be impossible to prevent the carrying of Wooll into Scotland, and consequently the Exportation of English Wooll with, or instead of Scots Wooll.

In the next place, this would oblige the Government of Britain to a strict Prohibition of the bringing any English Wooll into Scotland after the Union, lest the same should be Exported, which, after its being in Scotland, could not be so distinguish'd as to be prevented; and that this Prohibition would Rob Scotland of all that Advantage which it is propo|sed

she shall enjoy after the Union, by her People being im|ployed in the Manufacturing of English Wooll.

Again, That this would destroy all Freedom of Commerce and Communication of Trade between the Kingdoms, that all Vessels to and from Scotland must be Visited and Searched equally with Strangers, and the Face of an Union be ruffled with continued Jealousies of, and Watchings against Clande|stine Trade.

Lastly, That it was inconsistent with the Publick Good of Scotland in its Proportion, as much as of England, and that it would effectually destroy the Hopes of Scotlands Encreasing in Manufactures, and Encouraging her Trade by the Imploy|ment of her Poor.

As to the Consumption, it was urged, That England was always a Market for Wooll, where it might be sold without fail, at some Price or other; and if the Price was low just then, that was but a common Calamity the Effect of the long War with France and Spain, in which they had still a Share with their Neighbours, but that the Wooll of Scotland would always sell as well as the Wooll of England, in Proportion to its Fineness; And this led of Course to the first Propo|sal, That what Encouragement was possible to be given to the Wooll Masters by the Treaty, should be given them on the Conditions of setting the Poor to Work in their res|pective Countries, which, in that Case, would have this double Advantage, 1. The Employment and Subsistence of the Poor; and, 2. The Consumption of the Wooll at Home, which directly took off the pretended Necessity of Exporting it to other Countries, for want of a Vent of it at Home, or their sending it to England to be sold, as they cal|led it, for little or nothing: How well this Money was paid after the Union, or when paid, how well applyed to the Common Good of Scotland, is none of my Business here to enquire.

I have been the longer in stating this Case, because it has been often objected to the Scots Members of Parlia|ment, That they were too Forward to comply with the Prohibition of Wooll, and that their Country lost a great Advantage by it.

There was a pretended Expedient then offered, about the manner of Disposing the Equivalent to such Persons, as had such or such certain Quantities of Tarr'd Wooll; but the Reasonableness of the above Proposal prevailed against any other, and therefore it needs not be enquir|ed into.

MINUTE XXXVIII.

Monday 16. December 1706.

Prayers Said,

Rolls Called,

Address of Barons, Freeholders, and others within the Shire of Berwick, Subscribers of the same, against an Union with England in the Terms of the Articles, given in and read.

A Scurrilous Print asserting the Dependency of the Crown and Kingdom of Scotland upon the Crown and Kingdom of England brought in, and several Paragraphs thereof being read,

Ordered, That the said Scurrilous Print be Burned by the Hand of the common Hangman, at the Mercat Cross of Edinburgh to Mor|row, betwixt Eleven and Twelve of the Clock, and the Magistrates of Edinburgh appointed to see the same punctually done.

An Eighth Report from the Committee, to whom the Sixth Ar|ticle of Union was Remitted, brought in and read in these Terms, viz. The Committee of Parliament, to whom the Sixth Article of the Treaty was Remitted, having Considered the Remit to them, with the Books of Rates both for Scotland and England, and the several Acts of Parliament relating thereto, the Schemes or Abstracts from the Custom-House Books given in to them from the Council of Trade, and the Report thereanent of their Sub-Committee, who, on a Report from them, had compar|ed the Customs and Duties on Export and Import settled in England with these settled in Scotland, and had calculated the Duties payable in Scot|land upon Tarr, Tobacco, Iron, Dails, single and double Trees, Lint and Lintseed, and compared the same with the Duties payable upon the same Goods in England, at a Medium of the Three Years, whereof they had the said Abstracts from the Custom-House Books: They find, That, as to the Customs and Duties on Export and Import in general, the Cu|stoms in Scotland belong to the Crown, and are perpetual, whereas those in England terminate at a certain Number of Years, viz. About Two Fifteen Parts thereof at 8th March 1709 Years, Nine Fifteen Parts thereof at 1st. August 1710, about Three Fifteen Parts thereof continue only during Her Majesties Life, and about One Fifteen Part thereof for Ninety Five Years; And that the Duties upon Exportation, which were granted 12^o Car. 2. Cap. 4. are easie, have never been augmented, save upon a very few particulars, and terminate the first of August 1710; That these Goods which contribute to Luxury, and those that are Manu|factured, or can be had within the Island, are those that pay high Duties when Imported, but that the whole, or most of the Customs and Duties paid at Importation, are drawn back upon Exportation, if Exported within a certain time, except a Moiety of Old Subsidy which is very small, and which is Imposed by the foresaid Act 12^o Car. 2. Cap. 4. and termi|nates the first of August 1710; That the Duties upon the before-men|tioned Goods, at the above Medium payable in Scotland, by the nearest

Calculation can be made, amounts to 253184 l. 15 sh. 7 d. and now payable in England to 413559 l. 8 sh. 4 d. and payable in England af|ter 1710 to 129640 l. 9 sh. 8 d. Scots, and the Duties upon our Linen Cloath and Cattel Imported into England, by the above Medium, a|mounts to 272629 l. 3 sh. 10 d. Money foresaid: So that it is the Opinion of the Committee, The Duties after 1710 will be much easier than now they are, and even, as they stand now payable in England, considering the Duties that are upon Scots Goods Imported into England, and taken off by the Treaty, the Customs of Scotland, taken together even before the first of August 1710, will be easier than now they are.

And after some Reasoning thereon a state of a Vote was offered, Approve of the Sixth Article of Ʋnion as Explained and Enlarged, or Not.

But it being moved, That the Vote could not be stated in these Terms, in respect what concerned the African Company fell under the said Sixth Article, which was to be considered.

Whereupon it was agreed, That what concerns the African Com|pany shall be intire, and be taken into Consideration under the Fifteenth Article, and that the Approving of the Sixth Article shall not be prejudicial thereto.

And the above state for a Vote being again proposed, after some Debate, it was moved, That the said Article should be further Amended; And thereupon a second state of a Vote was offered in these Terms, Approve or Amend.

Whereupon the said sixth Article, with the several Additions, En|largements and Explanations after-mentioned contained in several former Minutes, viz. The Word Drawback to be insert in both Clauses of the said Article. Item, And seing by the Laws of Eng|land, notwithstanding there are Rewards granted upon Exportation of certain kinds of Grain, wherein Oats Grinded or Ungrinded, are not specified, that from and after the Union, when Oats shall be at Fif|teen Shillings Sterling per Quarter, or under, there shall be paid Two Shillings and Six Pence Sterling for every Quarter of the Oat Meal Exported in the Terms of the Law, whereby, and so long as Rewards are granted for Exportation of other Grains, and that the Bear of Scotland have the same Rewards as Barley. Item, And in respect the Importation of Victual into Scotland from any part beyond Sea, would prove a Discouragement to Tillage, Therefore, That the Prohibitions as now in force by the Law of Scotland against Importation of Victual from Ireland, or any other place beyond Sea into Scotland, do after the Union remain in the same force as now it is, until more proper and effectual ways be provided by the Parlia|ment of Great-Britain, for discouraging the Importation of the said Victual from beyond Sea. Item, Excepting and reserving the Duties upon Export and Import of such particular Commodities, from which any Persons, the Subjects of either Kingdom, are specially liberated and exempted by their private Rights, which, after the Union, are to remain safe and intire to them in all respects as before the same. Item, That, from and after the Union, no Scots Cattel carried into

England, shall be lyable to any other Duties, either on the publick or private Accounts than these Duties, to which the Cattel of England are, or shall be lyable within the said Kingdom, being all read over, it was put to the Vote, whether the first or second should be the state of the Vote, and it carried, First.

Then the Vote was put, Approve of the said sixth Article En|larged and Explained, or not; And it carried Approve.

Draught of an Act for Additional Proemiums on Exportation of Victual, to commence the first of February, and to end the last of April both next to come, again read, and a first reading ordered to be marked thereon.

The Eighth Article of Union read, and the first Clause or Para|graph thereof was also again read.

Whereupon a Report brought in from the Committee, to whom the said Eighth Article is remitted, was read in these Terms, The Committee, to whom the Eighth Article of Ʋnion anent Duties upon Salt was remitted, are of Opinion, That, after the first Clause of the said Article, an Explanation in the Terms following will be necessary.

But, in regard the Duties of great Quantities of Foreign Salt Im|ported may be very heavy upon the Merchants Importers; That there|fore all Foreign Salt Imported shall be Cellar'd and Lock'd up under the Custody of the Merchant Importer, and Officers imployed for Levying the Duties upon Salt; And that the Merchant may have what Quantities thereof his Occasion may require, Not under a Wey, or Fourty Bushel at a time, giving security for the Duty of what Quantity he receives, pay|able in six Months.

And after some Reasoning thereon, the further Consideration of the said Eighth Article and Report was delayed till the next Sede|runt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXVIII.

The long Report of the Committee, on this Point of the Customs is very distinct, but may require some Explanation, and in order to that, it is necessary to enter into the short History of the Reason of this Calculation.

Two great Complaints ran through the whole Nation up|on the Subject of Taxes and Trade, 1. That the English clog'd the Trade of Scotland with Intolerable Burdens: And 2. That they raised their Customs, and would Gain great Sums of Money from Scotland by doing so; For the Scots had no Notion of the Equivalent, nor would they for along time after this, entertain any Notion of it.

In order to clear up the Objections of the People against the Customs, the particular Heads were referred to this Com|mittee to Examine.

The first, were the Duties on Import, which the Com|mittee observed very well in England, is always laid highest on such Goods as contribute to Luxury, or are Manufactured within the Island, the first Esteem'd less necessary, such as Wine, Brandy, Foreign Linen, Fruit, Druggs, East India Goods, Coffee, Tea, Sugars, Tobacco, Deals, Timber, &c. Things we might live without, or might supply in part at Home; or being willing to have, and being Generally used by the Richer sort of People, the payments are less felt. The second, For the Encouragement of our own Poor, who ought upon all occasions to be Employed; and if any thing which comes from Abroad can be made at Home, that Home|part ought to be Encouraged, by laying high Duties and Imposts, or perhaps Prohibitions on the like from Abroad, such are the Prohibitions of or high Duties, on wrought Silks, Woollen Manufactures, Bone Lace, Brasil Sugar, wrought Iron, Hats, Glass, Printed Callicoes, Pantiles, Earthen Ware, &c.

It was now Objected in Scotland, That the Customs there would be very grievous, that the English Duties on Tar, Tobacco, Iron, Deals, and Timber, Lint and Lint-Seed, would be Intolerable to the Poor, and raise the Customs of Scotland to a very great Height.

The Committee Examined the Proportions of Things, and setting the whole upon an Equality, produc'd a very well grounded Conclusion, That the Customs of Scotland would be less to be paid after the Union than before; and it gave great satisfaction at that time, to those People who were capable of receiving Impressions from just Calculations, when the Calculations of this Committee really stated the Ballance of Trade, for that was easie to Draw out of these Calculations: It had been offered in the Parliament, (with how little Foun|dation, or how much Assurance, I shall not determine); (1.) That Scotland got nothing by the English Trade. (2.) That Scotland were considerable Gainers by the French Trade.

I shall not Censure the People that offered this, as Aim|ing at a French Union, not an English; for they did not stick to owne that, but it is not to the purpose here—; I shall only consider the State of the Trade of either King|dom, as it stood at this Time, and as it was stated to the Parliament.

The Trade to France stood thus,

• Exported to France from Scot|land,
  • Wooll, Leather, Lead, and Fish.
• Imported from France to Scotland,
  • Wine, Brandy, wrought Silks, Hats, Glass, Cork, Rosin, Fruit, and Toys.

The several Quantities of these, however Uncertain, as the Trade Increased or Decreased, had nevertheless this Ge|neral Proportion, That the Wine and Brandy Imported into Scotland, did over and above Ballance all the Export out of Scotland to France, by above one half Part, the Consequence of which, was, That the French Trade must draw away ready Money from Scotland for the other Half, besides all the other Imports from thence, over and above this Considera|tion, That all the Import from France, was meer Luxury and unnecessary Consumption.

As to the state of the Trade between Scotland and England, it stood Thus,

• Imports to Scotland from England,
  • House Furniture, Coaches, Horses, &c. by the Gentry, which might be Estimated at 10000 lib. per Annum.
  • Tobacco in one year from November 1699, to November 1700, 1319356, amounts to about 22000 l. sterl. per An.
  • Sugars and Grocery not in very great Quantities, being supplyed chiefly from Holland, perhaps in the whole 10000 lib. per Annum.
  • All the English Woollen Manufacture Prohibited.
• Exports to England from Scotland,
  • In the year as per Contra,
  • Linen Cloth 1346174 Ells.
  • Cattel of all sorts 57078.
  • Linen Yarn, Stockings, Fingrams, and Stirling Serges, Quantity uncertain.

Note, The Tobaccos and Sugars after the Union may, and 'tis not questioned, will be Imported into Scotland from the British Plantations, in Return for the Growth and Pro|duce of their own Countrey; So that the whole Trade to England after the Union, would turn to the Interest and Ad|vantage of Scotland.

Nor can I omit to add the Experiment of this, to prove, That these Calculations were not Suppositions and Remote, since in the very first year after the Union, these Consequen|ces in Trade visibly appeared, and which of my own cer|tain Knowledge, I can take the Freedom to Advance.

• 1. That on the falling of the English Duty on Scots Linen, the Demand was so great for Scots Linen for the English Markets, that it not only swept all the Linen away, so that Two Months before the usual Time, the whole Quantity was gone, and the English Merchants could get no Linen for Money; but the whole Manu|facture

• of Linen, advanced at least Two Pence an Ell upon the finer Scots Linen, and One Penny per Ell on the coarser sorts, which was a great Sum in the whole.
• 2. In the very first year after the Union, Scotland Shipt away for England, besides several Ships Loaden for Portugal and other Foreign parts, above 140000 Boll of Corn, above 40000 Boll of which was carried out of the two small Counties of Merss or Berwick Shire and Tiviotdale, 20000 Boll and more out of the single County of Fife, and the rest from the Shires adjoyning to the Firth, and some parts from the North.
• 3. In the first year after the Union, the Scots fitted out several Ships, I think Seven or Eight, to the English Plantations, Fraighted with their own Produce, the Re|turn of which being in Tobacco or Sugars, &c. have this Advantage to Scotland, That First, The said To|bacco and Sugars supply their own Consumption, and keep that Money at Home, which used to go to Eng|land and Holland to purchase their Supply. And 2dly. The Overplus which they can not Expend, they Export to Holland and Ireland, which returns to the Advantage of the publick Stock.
• 4. In the very first year after the Union, Scotland had Three or Four Ships Returned Home from Italy and Por|tugal, bringing Home Wines from Leghorn and Galitia, these being the Return of Fish from Scotland, could now Return with their Fraights to their own Countrey, where before, by reason of the French Wines, they could have no Consumption, but were obliged to Load to other Ports, and come Home Empty.

If any Man pleases to calculate these things, and see the Advantages of these Foreign Trades, and particular of the Eng|lish, and the Return of Money that must, by Consequence be made to Scotland Annually by such a Trade; and again, how little of any kind of Goods Scotland takes from England in the Room of it, except what they took from Holland before; the Supposition of the Comparison between the English Trade and the French Trade, as to an Advantage to Scotland, must fall to the Ground, and the true State of the Ballance must have been something like, if not exactly thus,

• That, in an open Trade with France, Scotland must have paid France 100000 Pounds Sterling per Annum in specie, or their Ballance of Trade would have been against Scotland 100000 Pounds per Annum at least.
• That, in the Trade with England, Scotland will re|ceive from England at least 200000 Pounds per Annum in specie, or the Ballance of Trade will run on the side of Scotland 200000 Pounds per Annum.

And yet this is no Loss to England either, since the Island being now made but one Kingdom, this Wealth, while it goes but to Scotland, circulates in her own Bounds, and, speaking of Britain, is all contained and preserved within her self.

MINUTE XXXIX.

Tuesday 17. December 1706.

Prayers Said,

Rolls Called,

The first Clause or Paragraph of the Eighth Article of Union a|gain read, with the Report of the Committee, in relation thereto, for Explanation of the same, insert in the former Days Minutes.

And after Reasoning thereupon, The Vote was stated, Approve of the said first Paragraph, with the Report of the Committee for Expla|nation of the same, yea or not:

And before Voting, the said Paragraph, and Report of the Com|mittee for Explanation of the same, were again read.

Then the Vote was put, Approve or Not, and it carried Approve.

Then that Clause of the said Eighth Article of Union, anent the Salting of the Flesh for Exportation, or Victualling of Ships read; as also a Report of the Committee relative thereto, for altering the same, which, after some Reasoning, was amended, and again read in these Terms, And for Establishing an Equality in Trade, That all Fleshes Exported from Scotland to England, and put on Board in Scot|land to be Exported to Parts beyond the Seas, and Provisions for Ships in Scotland, and for Foreign Voyages, may be Salted with Scots Salt, paying the same Duty for what Salt is so imployed, as the like Quantity of such Salt pays in England, and under the same Penalties, Forfei|tures and Provisions, for preventing of Frauds, mentioned in the Eng|lish Laws.

And after further Reasoning thereon, it was put to the Vote, Approve of the Report as amended or not, and it carried Approve.

Then the following Clause of the said Eighth Article of Union, in relation to the continuing in Force the Laws and Acts of Par|liament in Scotland for Pining, Curing and Packing of Herrings, White Fish, and Salmond, for Exportation, with Foreign Salt on|ly, and for preventing of Frauds in Curing and Packing of Fish, was read; as also a Report brought in from the Committee for adding a Clause thereto in these Terms, But in respect it appears from the Books of the Royal Fisherie Company, confirmed by Practice, That the Quantity of 102 1088/1200 of Pound Weight Aver de Pois of Foreign Salt, which pays Eight Shillings and Four Pence of Duty, is necessary for the right Curing and Packing a Barrel of White Herrings, Therefore there shall be allowed and paid, during the present Allowances for other Fishes,

for every Barrel of White Herrings which shall be Exported, Ten Shil|lings Sterling.

Thereafter a Petition of the Salt Owners, Fishers of Herring and White Fish, and others who make use of Scots Salt, was given in, craving, That such Amendments might be made to the said Eighth Article of Union, as would put them in an equal Footing with their Neighbours in England, with regard to their Salt, and also the Freedom of making Salt upon Salt.

Which being read, after some Debate thereon, and upon the above last insert Report of the Committee, the further Considerati|on thereof was delayed till the next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XXXIX.

The Report of the Committee on the first Paragraph of the Eighth Article is printed in the precedent Minute relating to the Duties on Salt—; The payment of equal Duties on Foreign Salt was not objected, but it was argued, That the Scots Merchants being poor, and being nevertheless obliged to Import large Quantities of Foreign Salt at the proper Times, which must ly by till the Season for using the same, and the Duties being now very large which were to be paid; they might not be able either to advance the Money, or find sufficient Security for the Duties, as the Law in that Case pro|vided—; And therefore this Amendment was made for the Ease of the Merchant, which was both Reasonable to the Government, and Easy to the Merchant, and took off all pretence of Quarrel upon the Disburse of Money, or lying out of Stock.

The second Report upon the Eight Article was founded upon equal Reasoning: It had been agreed in England in the said Eighth Article, That all Flesh Salted in Scotland, and carryed to England, or Flesh Salted in Scotland for Victualling Ships or Exportation; should be Forfeited, if Cured with Scots Salt—; But this was counted a Hardship on several Ac|counts, and England being allowed to Cure all sorts of Flesh with their own, whether for their own Consumption, Victual|ling of Ships or Exportation; it ought to be also allowed to Scotland, by virtue of the Subjects enjoying equal Allowances and Restrictions, Article VI. Wherefore the Committee made this Amendment, That the Scots might Cure Flesh with their own Salt, provided all Flesh so Cured, that was either sent for England, or used in Victualling Ships, or Exported for Sale, should be charged with the Duty on Salt paid in England,

The Third Report upon the Eighth Article concerned the Laws in Force in Scotland for Curing and Packing of Herring, White Fish and Salmond, which, by this Article, were re|served; These Laws were the 5th. Act 3d. Session 1st. Parliament,

King William & Queen Mary, Appointing all Herrings & Salmond for Export be Made, Pined and Cured with French Bay, or Spa|nish Salt, or with Salt upon Salt made of Foreign Salt; The 24th. Act 7th. Session of the same Parliament, Confirming the same, and Directing the Proof of it, with a Confirmation of the 34th. Act of 2d. Session of the same Parliament, for Draw-backs on Herrings and Salmond Exported.

But, upon this new Treaty, respecting the English Duty on Salt, it was calculated as you see in the Minute, That the Salt commonly used in Curing a Barrel of Herring, amounted to about Nine Shillings per Barrel; And in regard of the Wasting of the Salt, Loss in carrying, &c. they re|solved to put it at Ten Shillings per Barrel, which fully An|swered the Petition of the Fish and Salt Merchants mentioned in the same Minute.

MINUTE XL.

Wednesday 18. December 1706.

Prayers Said,

Rolls Called,

Address of the Town and Parochin of Lawder and Chainhilkirk Subscribing the same, and Address of Heretors, Liferenters, Elders, Parochioners and remanent Indwellers in the Paroch of Calder, Sub|scribers of the same, both against an Union with England in the Terms of the Articles, given in and Read.

Thereafter another Report brought in from the Committee, to whom the Eighth Article of Union is Remitted, was Read in these Terms, That White Herrings, Red Herring, Salmond, Dry or Bar|relled Cod, and all Fishes Cured or Packed in order to Exportation, ought to be Cured and Packed with Foreign Salt allennarly, and that it does require Four Bolls of Foreign Salt to Cure and Pack a Last of White Her|rings.

And after much Debate thereupon, a Motion was made for amend|ing that Clause of the said Eighth Article of Union mentioned in the former Days Minutes, in relation to the continuing in Force the Laws and Acts of Parliament in Scotland for Pining, Curing and Packing of Herrings, White Fish and Salmond for Exportation with Fo|reign Salt only, by adding these Words thereto, without any Mixture of British or Irish Salt.

And the Addition being accordingly made, the Clause, as so amended was Read over.

And after some further Debate, the Vote was put, Approve the said Clause as amended, Yea or Not, and it carried Approve.

Thereafter it was proposed, That the Parliament should proceed to consider the Drawbacks.

And it was also proposed, That the Parliament should proceed to consider, how far Allowance should be given for Importation of Foreign Salt, in order to the making Salt upon Salt, the further Con|sideration whereof was delayed till the next Sederunt of Parlia|ment.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XL.

The Report of the Committee last day was now only Considered, with Relation to the main part of the Question, Whether their Fish should be Cured with Foreign Salt only, or not, and it was agreed, it should be so.

It was counted a very great Hardship, That the Fish Cured in Scotland, should not be Cured but with Foreign Salt; some People alledging, That the Salt made in Scotland would Cure the Herring as well as Foreign Salt—; But it had been found by Experience, That the Fish Cured with Scots Salt, did not keep, nor was it equal in Goodness when it came to Market, which added to the Disputes which would arise in the Article of the Drawbacks, now coming on to be Debated, made the Parliament positive in that part, viz: That all Fish Cured for Exportation, should be Cured with Foreign Salt, without any Mixture of British Salt.

In giving Drawbacks and Allowances for the Exportati|on of Fish, on Account of the Salt, it had here been impos|sible to come to an Equality, since no Officer could have been sure which had been Cur'd with British Salt, and which with Foreign Salt, and which with a Mixture of either.

It was then alledged, That the Dutch Importing their Salt from St. Ʋbies, Re-make the Salt, Boyling it again when they come to Holland, which they call Salt upon Salt, and that their Herring are Cur'd with the said Salt, which being of a finer and subtiler Quality than the other Salt, is of Ad|vantage to their said Trade; and that the aforesaid Encourage|ment should be given to the Scots to do the same—; But this came to nothing.

MINUTE XLI.

Thursday 19. December 1706.

Prayers said,

Rolls Called,

Thereafter the last Clause of the Eighth Article of Union, in re|lation to the allowing of Proemiums and Draw-backs was read, as

also a Report brought in from the Committee to whom the said Eighth Article was remitted insert in the Minutes of the 17th in|stant, Number 39. in these Terms; But in respect it appears from the Books of the Royal Fisherie Company confirmed by Practice, that the Quantity of 102 1058/1200 of pound weight Aver de Pois of Foreign Salt, which pays eight Shillings and four pence of Duty, is necessary for the right Curing and Packing a Barrel of White-Herrings; Therefore, there shall be paid during the present Allowances for other Fishes, for every Barrel of White Herrings which shall be Exported, ten Shillings Ster|ling.

And another Report brought in from the said Committee was also read, in these Terms, That sixteen Shillings and eight Pence upon every Barrel of Salmond, six Shilling and eight Pence upon every Barrel of Red-Herrings, that two Pound ten Shillings upon every hundred Cod|fish, Ling, or Haick, of twenty four Inches and upwards, from the Bone in the Finn to the third Joynt of the Tail; one Pound fifteen Shillings Sterling for every such Fish of the length of eighteen Inches and up|wards, and under twenty four Inches, and one Moiety of the foresaid Allowance for every such Fish dryed, commonly called Haverdens, of the like Dimensions (being the Drawbacks allowed by the English Laws upon the Exportation of these Fishes) are sufficient Encouragements.

And after Reasoning on the above several Reports, it being moved a higher Drawback should be allowed upon the Exportati|on of White Herring;

After some Debate thereon, the said last Clause of the Eighth Article of Union was agreed to with this Addition, That there shall be allowed and paid to the Subjects Inhabitants of Great-Britain, du|ring the present Allowances for other Fishes, for every Barrel of White Herrings which shall be Exported from Scotland, ten Shillings and five Pence sterling.

Thereafter another Report brought in from the said Committee was likewise read, in these Terms; That there ought to be no Draw|back upon the Exportation of salted Beef and Pork; And after Debate thereupon, the further Consideration thereof was delayed till the next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLI.

The Difficulty now lay about settling the Drawbacks upon the Exportation of Fish—; and the Rule the Committee had gone upon, seemed the readiest way to Determine it, viz. They laid the English Drawbacks before them, and Exa|mined then the Quantity of Salt used in Curing every re|spective kind of Fish, and then comparing the whole, tryed whether the Drawback allowed was adequate, and proporti|oned to the Duty paid upon the Quantity of Salt used in the Curing.

Now, tho' this was Exactly Calculated, and presented to the House, yet several Motions and Speeches were made for a larger Drawback, some alledged the necessity of Encou|raging the Fishery in Scotland, and that therefore the Govern|ment ought to make larger Allowances; but when they saw that whatever the Allowance should be which they should obtain, the English would obtain the same, they dropt that part of the Argument.

The Herrings indeed they had longer Debates about, and after some Reasonings upon the Waste of the Salt, the Car|riage and other Pretences, They obtained the Allowance of Ten Shillings and Five Pence to be paid to the Exporter, for every Barrel of Herrings Cured with Foreign Salt and Ex|ported, which was Five Pence per Barrel more than the Com|mittee had at first Determined.

MINUTE XLII.

Friday 20. December 1706.

Prayers said,

Rolls Called,

Then the Debate mentioned in the Minutes of the last Sederunt, in relation to the allowing of Drawbacks upon the Exportation of Beef and Pork was resumed; and after some further Debate there|upon, the Vote was stated, Approve of the Report of the Committee, or Alter.

And before Voting, it was agreed, That the Members Votes shall be marked, and that the List of their Names as they shall Vote, shall be Printed and Recorded.

Then the Vote was put, Approve or Alter, and it carried Alter.

Thereafter moved, That the Parliament now proceed to the Con|sideration of what Drawbacks shall be allowed upon the Exporta|tion of Beef and Pork.

Moved also, that the Consideration thereof be delayed till the next Sederunt of Parliament. And after some Reasoning,

Agreed, That the Consideration of what Drawbacks shall be al|lowed upon Exportation of Beef and Pork be delayed till next Se|derunt of Parliament.

OBSERVATION XLII.

The Drawbacks proposed upon Beef and Pork to be Ex|ported, were now the Subject of Debate, it had been Examined in the Committee, and they finding, That 1. The English had no Allowance made them on Beef and Pork Cured for Exporta|tion.

And 2. That the Quantity of Beef and Pork so salted, and Exported out of England, or out of Scotland, was very inconsiderable, had Reported, That there ought to be no Drawbacks upon the Exportation of salted Beef and Pork, as in the Minute of December 19th.

But when this came to be Debated in the Parliament, it was all Unravelled again; Some Gentlemen would have it, That Scotland was able to Export great Quantities of Beef, Salted and Cured to Foreign Parts; Nay, some had before carried it further, and in their Arguing for a Trade with France, had advanced what had never before been heard of, viz. That Scotland should supply France with Beef, as they have formerly been supplyed from Ireland, and proposed In|finite Advantages from such a Trade—.

But these Gentlemen were soon silenced, when it was Ex|amined a little, upon what Conditions, and in what Quanti|ties Ireland was able to supply, and did supply, not France and our Island Colonies only, but were able to supply all the Parts of the World, where Beef was Generally Exported—; That at that time Beef in any Quantity was to be bought, ready Cured in Ireland, including the Salt and the Cask it was Packed in, at a Half-penny sterling per Pound, and that England was so convinc'd of this, that they could Export no Flesh, but sent their Ships Generally to Ireland, to Load Beef for their Islands, and that France upon all Occasions, got their Beef, if possible, from Ireland, for the Victualling their Navys and Merchant Ships—. Again, that the Cattel in Ireland were Larger and Fatter than in Scotland, and their Quantity so great, that England was obliged to Prohibit their being brought over thither, otherwise they would Over run the three Kingdoms with the Quantity; and that Scotland having less Quantity of Feeding Grounds, and their Cattel being Generally Lesser, it was not possible that they could supply the Quantity of Beef, or any thing near the Price with the Irish; and that therefore, it could not be supposed, the Exportation of Beef from Scotland could be considerable, any more than from England; and on this Foot it was that the Committee made their Report, That it was not needful to allow any Drawback upon the Exportation of Beef, England at the same Time having no Allowances granted in the same Case.

But a new Objection turned the Scale—, It was offered by some, That in the North East Parts of Scotland, viz. At Aberdeen and the Country adjacent, there was a New and very Advantageous Trade, lately Erected for Feeding Swine, which being made Fat with Corn in great Quantities (& that being a Consumption of the Produce of the Land) the Flesh was Cured and Salted, Barrelled and Exported to Holland for Sale—; And that this was a Trade which ought to be Encouraged. It was added, That this as it was an

Advantageous Trade to Scotland, so it was a Growing Trade, and might in Time increase to a very great Degree, the Dutch Demanding every year more Quantities than the Country had been yet able to supply, that there had been several years Exported from 1500 to 2000 Barrels of salted Pork—from Scotland to Holland, the Dutch using the same for Victualling their East India Ships, and other Ships that went upon long Voyages.

This had some appearance of Argument in it, and being push'd very heartily at, in behalf of the Aberdeen Merchants; brought the Parliament to alter the Report, and agree to an Allowance upon the Exportation of Pork, and afterward of Beef and Pork, the Beef being brought in by the by.

It had been said, as above, That the Irish Beef was Exported Cheaper than Scotland could afford it—; It was therefore Argued, That Scotland ought to have the Drawback allowed on their Beef, to encourage the Exportation, and if possible, to set them upon an equal Foot with Ireland, in the Trade of Exporting Beef, which, tho' it was proved, was not pro|bable, yet as the Affirmative carried some possibility, and the Negative seemed to be of no great Consequence, the Members came in to it, and they passed together.

MINUTE XLIII.

Monday 23. December 1706.

Prayers Said,

Rolls Called,

Then the Parliament proceeded to the Consideration of what Drawbacks shall be allowed upon the Exportation of Beef and Pork.

And after some Debate thereon, a Clause was offered in relation thereto, in these Terms, And that there shall be allowed Four Shil|lings Seven Pence half Penny Sterling for every Barrel of Beef or Pork Salted with Foreign Salt, and Exported for Sale, alterable by the Par|liament of Great Britain. And after further Reasoning,

Agreed, That the Drawbacks shall be Five Shillings Sterling for every Barrel of Beef or Pork, and the Clause was accordingly so Amended and Read.

Thereafter it was proposed, That the said Drawback shall not be alterable by the Parliament of Great Britain, during the Conti|nuance of the Duty upon Salt in England.

And after some Debate, there were two States of a Vote offered, the First in these Terms, Approve of the above Clause, viz. And that there shall be allowed Five Shillings Sterling for every Barrel of Beef or Pork Salted with Foreign Salt, and Exported for Sale, alterable by the Parliament of Great Britain, Yea or Not: And the second State in

these Terms, Continue the Proemium of Five Shillings upon the Barrel of Beef and Pork, till the same be altered by the Parliament of Great Britain, or during the Imposition on Salt.

And after some Reasoning, which of the Two should be the State of the Vote, First or Second, it was put to the Vote, First or Se|cond.

And before Voting, it was Agreed, That the Members Votes shall be Marked, and that the List of their Names, as they shall Vote, shall be Printed and Recorded.

Then the Vote was put, First or Second, and it carried First.

Thereafter it was put to the Vote, Approve the Clause or Not; and it carried Approve.

Thereafter the Clauses of the Eighth Article of Union, in relation to Scots Salt, were Read, and the First Clause or Paragraph thereof again Read; And after some Reasoning thereon, it was Moved, That the Exemption from the Duty of Scots Salt, provided by the said Clause to be for Seven Years, shall be perpetual; And after some further Debate, The Consideration thereof was delayed till next Sede|runt of Parliament, to be then resumed previous to all other Business.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLIII.

The Debates about the Drawbacks on Beef and Pork ended now in a short Question, Whether it should be Four Shillings Seven Pence per Barrel, or Five Shillings—; And the Difference being of no great Consequence, the same Argu|ments that carryed it before to have any Drawback at all, carryed it now to have that Drawback settled at the largest Rate of the Two, so that Affair ended.

Then the House proceeded to the Grand Affair, the Ex|emptions from the Salt Tax in England—; Great Quar|rels were raised at the Concessions made by the Treaters in this Case, who had exempted Scotland from the Duties on Salt payable in England for Seven Years only; whereas it was alledged, That the Salt Tax was a Burden Intolerable for Scotland, and that they would no more be able to bear that Duty in seven years, than now, and that therefore they ought not to have Subjected Scotland to it at all; That it had been allowed, the Salt Tax was a Burden chiefly laid upon the Poor, the Poor People in Scotland Feeding much upon salt Meats, and using great Quantities of Salt—; That to lay a Tax on their Salt, was to assist in Starving them, and the like—. This was an Argument so pleasing, and so much Improved without Doors, that it made the Opposers of the Union grow popular, and seem as if they were but meer Advocates for the Poor; That they were now really De|fending their Country, which the Commissioners had aban|doned, and shewed, that the Concern for the Burdening

Scotland with unreasonable Exactions had not been part of their Business—; Great Hopes therefore were conceived from this Debate by some People, who had the Destruction of the Treaty chiefly in their Eyes, for as the Struggle had not been small in England, to obtain an Exemption from the Salt Tax to Scotland for Seven Years, it was more than probable, That, if a perpetual Exemption was insisted on, the English Parlia|ment would refuse it, and so the Union might split upon that Rock; which being so specious, and seeming to be all done in meer Concern for the Poor of Scotland, would there|fore engage all the People of Scotland in Defence of it—; But this Cloud vanish'd afterward, tho' at first it look'd black enough.

MINUTE XLIV.

Tuesday 24. December 1706.

Prayers Said,

Rolls Called,

Address of Gentlemen and Heretors of the Parochins of Mayboll, Kirkmichael, Girvan, Kirkoswald and Barr, and of the Magistrates and Town Council of Mayboll, and other Inhabitants of the said Parochins within the Jurisdiction of Carrick, Subscribes of the same, against an Union with England in the Terms of the Articles, given in and read.

Thereafter these Clauses of the Eighth Article of Union, in rela|tion to Scots Salt, were again read.

And after some Reasoning thereon, a Clause was given in to be added thereto in these Terms, And with proportional Drawbacks and Allowances as in England, with this Exception, That Scotland, after the said Seven Years, shall remain exempted from the Duty of Two Shil|lings and Four Pence a Bushel on Home Salt, Imposed by an Act made in England in the Ninth and Tenth of King William the Third of Eng|land; And if the Parliament of Great Britain shall, at or before the expiring of the said Seven Years, substitute any other Fund in place of the said Two Shillings and Four Pence of Excise on the Bushel of Home Salt, Scotland shall, after the said Seven Years, bear a Proportion of the said Fund, and have an Equivalent in the Terms of the Treaty.

And after further Reasoning on the said Clause, another Clause was given in in these Terms, But Scotland shall, in all time after the Ʋnion, be exempted from paying of all Duty or Tax on Salt made in Scot|land, in so far allennarly as the said Salt shall be made use of within that Part of Great Britain now called Scotland, but all Salt made in Scotland, from and after the Ʋnion, that shall be Exported to that Part of Great Britain now called England, or to any other Nation in specie, or that shall be Imployed in Salting of Fish or Flesh to be Exported, or for

Victualling of Ships to go to England, or any other Nation, shall be ly|able to the same Duties, as shall be then payable for Salt made in Eng|land, to be Levyed and Secured in the same manner, and with the like Drawbacks and Allowances, as in England; And that, after the Ʋnion, no Salt whatsoever be brought from Scotland to England by Land in any manner, under the Penalty of

And after further Debate on the said two Clauses, the Vote was stated, Approve of the first Clause or second.

But before Voting, it was agreed, That the Members Votes shall be Marked, and that the List of their Names, as they shall Vote, be Printed and Recorded.

And the Duke of Athole gave in the following Protest, Whereas Salt is the most useful and necessary Ingredient in all sorts of Victuals, any Duties or Excise on the same may prove a most grievous and insup|portable Burden, especially on the Commons, I do therefore Protest for my self, and in Name of all who shall Adhere, That the People of this Kingdom now called Scotland, shall be free for ever of any Duties and Excises on the Salt made within this Kingdom:

Which being Read, he took Instruments thereupon.

Then the Vote was put, Approve of the First Clause or the Second, and it carried First. And at calling of the Rolls, The Duke of Ha|milton, the Marquiss of Annandale, the Earl of Errol, the Earl of Marischal, the Earl of Caithness, the Earl of Wigtoun, the Earl of Gal|loway, the Earl of Selkirk, The Viscount of Stormount, the Vis|count of Kilsyth, the Lord Saltoun, the Lord Oliphant, the Lord Balmerino, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil, the Lord Kinnaird, George Lockhart of Carnwath, Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, John Sinclair younger of Stevenson, Mr. Alexander Ferguson of. Isle, John Brisbane younger of Bishoptoun, Mr. William Cochran of Kilmaronock, James Grabame of Bucklyvie, Robert Rollo of Powhouse, Sir Patrick Murray of Auchtertyre, John Murray of Strowan, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouse, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie young|er of Boyn, Alexander Mackgie of Palgown, Mr. George Mackenzie of Inchcoulter, Alexander Robertson, Alexander Watson, Alexander Ed|gar, John Black, Francis Molison, Robert Scot, Robert Kellie, Archi|bald Sheills, Mr. John Lyon, Sir David Cuninghame, George Home, and Mr. Robert Frazer adhered to the Duke of Atholes Pro|test.

Thereafter it was moved to read over the said Eighth Article of Union, with the several Additions and Alterations, in order to the Approving thereof.

But it being moved, That the said Article, with the Additions and Alterations, should be first Transcribed, the same was delayed till the next Sederunt of Parliament.

Adjourned till Thursday next at Ten of the Clock.

OBSERVATION XLIV.

The Debate of the last Day being Renewed, occasioned some Warmth in the House, and great Arguings there were about the Poor in Scotland being Unable to pay the Tax upon Salt at all, and that therefore they ought not to be left to the Mercy of the British Parliament; the Matters also of the Disproportion in the Duties to the Value in the respective Kingdoms, was also made a strong Motive against the Duty being laid upon the Scots, as a plain Inequality, since, as the Duty on Salt lay then, being Taxed by Weight, the Scots should pay Sixteen Shillings Four Pence upon what in their Country yielded exclusive of the Duty but Three Shillings; Whereas the English should pay no more on the Value of Ten Shillings Six Pence, which was a great Disparity in the Taxation by Value—. But to this it was Answered, If the Bulk or Quantity of Salt was equal, and Scotland having their Salt made just where it was Expended, had, or could buy as much for Three Shillings, as the English had, or could buy for Ten Shillings Six Pence, the Weight of the Salt being the same, they were so much the better able to pay Sixteen Shillings Four Pence on that Quantity of Salt in Scotland, by how much it was had Cheaper by Seven Shil|lings Six Pence in its first Cost, than the English were, who were obliged to pay Seven Shillings Six Pence for the same Quantity in its first Cost, than the Scots payed.

To this again was Objected, the Poverty of Scotland, and the Difference this made in the Price of Salt to the Poor, how necessary the Salt was to the Subsistence of the Poor, and how much it would raise the Price, to the General Discou|ragement and Impoverishing the Labouring part of the Peo|ple, the English Duties being very near one Penny per Pound sterling upon the Salt, most of which Duty would ly on those who were least able to bear it; And this, as I Noted before, made the Argument become popular, and the Opposers of the Union began to be counted Patriots, who strove meerly for the securing their Country from Unreasonable and Insup|portable Taxes.

It is necessary to Note here, in order to let the Reader in|to a true state of this Question, what the English Duties on Salt were, which were thus strenuously Argued against—, they were in short thus.

• Twelve Pence per Bushel on Salt, each Bushel to Weigh Fifty Six Pound Aver du Pois Weight, granted by the English Parliament Anno 5^o William and Mary, appro|priated to the year 1710.
• Twenty Eight Pence per Bushel, Weighing as above,

• granted 9th King William, and appropriated for the payment of Annuities Redeemable by Parliament.

As may more at large be seen in the Appendix.

The Treaters at London had agreed on both Hands, to Exempt Scotland from the whole Tax upon Salt for seven Years as appears in the Observations on the Minutes of the Eighth Article in that Treaty—, but had then left it—, with a Concession, that then Scotland should pay as England should pay at that Time—, only it was supposed, the British Parliament would Consider, Whether Scotland was any bet|ter able to pay then than before—, according to that Clause added in the Fourteenth Article, viz. That it could not be supposed, that the Parliament of Great-Britain would ever lay any sorts of Burdens upon the Ʋnited Kingdom, but what they should find of Necessity at that time, for the Preservation and Good of the whole—, and with due Regard to the Circumstan|ces and Abilities of every part of the Ʋnited Kingdom.

But it was again alledged, That the Words in this Eighth Article, viz. But from the Expiration of the said seven years, Scotland shall be lyable to the same Duties for Salt made in Scot|land, as shall be then payable for Salt made in England, Vide the Treaty at London Article VIII. Page 5th. Obliged the Scots to the payment, and put it out of the Power of the Parliament of Great-Britain to Alter it; and that therefore the Parliament of Scotland ought to take effectual Care to prevent it, and to secure the People of Scotland against it.

There were a great many Speeches made on this Subject, and something Harsh enough past on both sides, which I care not to Relate—, for the sakes of the Gentlemen that shewed themselves a little out of Temper here—; But at length a Medium was proposed in the Terms of the first Clause of the Mi|nute, which Exempted Scotland from the Two Shillings Four Pence per Bushel, mentioned above, and appropriated to the East India Company, and let the Twelve Pence per Bushel stand, as a Thing not of so much Consequence, 1. Because the Sum was not so considerable, as to make it Insupportable to the Poor. 2. It was not appropriated to any payment fur|ther than to the year 1710, and so might Determine in a short Time; Whereas the Two Shillings Four Pence per Bushel, was actually settled as a Fund for payment of Annuities for Ninety Nine Years, and must certainly fall upon Scotland at the end of seven Years.

This seemed a very reasonable Proposal, tho' it did not answer the End of these Gentlemen, whose Aim, as I Hinted before, was at the Treaty in General—. For it was a Mode|rating between both, bearing a part which they could bear,

and yet taking off that part which the Poor were said to be pinch'd by, and which they pretended would effectually have raised a National Discontent.

The Gentlemen on the other side, were a little silenced with this Proposal—; they at first indeed positively insisted, as in the D. of A—ls Protest, That Scotland should be for ever free &c. of all Duties on Salt—, but they were subdued by the Reasonings of the other Gentlemen, upon the Equity of the above Proposal, and unless, as in General, objecting against the whole Treaty, there was no withstanding it—; yet after some Debating, there was found an Exception to this too, and that was, That tho' the Two Shillings four Pence was thus provided against, it was but a single Term, and the Parliament of Great-Britain might set that Duty aside, and lay some other Tax on in the Room of it, which might be the same thing, or worse, and so this Exemption might be Eluded, and this they called without Doors, a Design to Trepan Scotland, or draw her into the snare of the Duty, under the pretence of an Exemption.

But this was soon Warded against, and the latter part of the Clause effectually stopt that Gap, viz. That if the Parlia|ment of Great-Britain shall at, or before the Expiring of the said seven years, substitute any other Fund in the place of the said Two Shillings Four Pence of Excise on the Bushel of Home Salt—, Scotland shall after the said seven years, bear a proportion of the said Fund, but shall have an Equivalent in the Terms of the Treaty, that is in the Terms of the Fourteenth Article, which says, That Scotland shall have an Equivalent for what the Subjects thereof shall be Charged towards payment of the Debts of England, in all particulars whatsoever, Vide Treaty at Lon|don Art. 15. Pag. 9.

This brought the Matter of Debate to an End, and there was nothing left but to put the Vote—, the other Party of|fered a Clause of General and Absolute Exemption, as per the Minute—; but it was Voted not to be the state of the Que|stion, so the Affair ended with the D. of A—ls Protest, as per the Minute.

Yet it must be observed, That this step taken by the Par|liament, went a great way to stop the Mouths of the People, who began to be strangely Allarm'd at the Apprehensions of the Salt Duty, which was cryed out upon as Insupportable,; but their being wholly Exempted from it for seven years, and for ever Exempt from all but Twelve Pence per Bushel, the Burden was both lessened in the Main, and Remote in pro|spect, and so the General Clamour wore off.

It was indeed a great Abatement to that Article as stated at London, and some People flattered themselves with the Hopes, that it would occasion some Debates in the Parliament in England, and perhaps suffer some Alterations there, which

might occasion the Returning the whole to Scotland again—; But that View proved Fictitious, and the Gentlemen found themselves disappointed.

MINUTE XLV.

Thursday 26. December 1706.

Prayers said,

Rolls Called,

Address of Parochioners of Clackmannan, Subscribers of the same, against an Union with England in the Terms of the Articles, given in and Read.

Thereafter the Eighth Article of Union with the several Alterati|ons, Additions and Inlargements was twice Read over.

And the Vote being stated, Approve of the said Eighth Article as amended or Not, It carried Approve.

Then the Second Clause of the Fifteenth Article of Union be|ginning with these Words, And in regard that after the Ʋnion Scot|land, and after some Reasoning thereon, it was agreed to.

The Third Clause of the said Fifteenth Article, beginning with these Words, And for the further and more effectual answering, was also Read and agreed to.

The Fourth Clause beginning with these Words, And that upon the said account there shall be answered to Scotland, was likeways Read and agreed to.

The Fifth Clause of the said Fifteenth Article beginning with these Words, And whereas from the Expiration of seven years, was also Read, and Ordered to be Delete, being determined by the Eighth Article.

The Sixth Clause beginning, And generally, That an Equivalent shall be answered to Scotland, was Read, and the Words, or Salt, ap|pointed to be Delete, and after some Reasoning on the said Clause, after deleting these Words, the Vote was put, Approve of the said Clause or Not, and it carried Approve.

Then the Seventh Clause of the said Fifteenth Article beginning thus, And as for the Ʋses to which the said Sum of Three Hundred Ninety Eight Thousand, was Read; As also, the Representation of the Council General of the Company of Scotland, Trading to Africa and the Indies, and the Consideration of both delayed till next Se|derunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLV.

The Eighth Article was now passed without any more De|bates, the Amendments were all Read, being put together, and as the House had Ordered, Transcribed into Form, as you will find them in the Treaty, Printed in the Appendix.

And now we are come to the great Article of the Equiva|lent, which has of it self made more Noise in the World, than all the other Articles; and which, tho' in it self founded upon the highest Justice to Scotland, being the only Mean to bring the Discording Circumstances of the Nations to Unite, and was stated with the greatest Exactness, and the nicest and most unexceptionable Calculations, that the Wit of Man could perform; yet it met with the greatest Opposition, and was Treated with the most Contempt in Scotland of any other part of the Union; Nay to that Degree, that, when the very Money it self came to be brought into Scotland, the Common People were excited to that Height, as to call it the Price of their Country, and to Insult the very People that brought it.

I must therefore be excused, if the Observations on this Point exceed the Bounds of that Brevity I at first proposed to my self, and that I endeavour to be as particular as pos|sible upon this Head.

The first Clause of this Article had been Voted and Agreed to, not without a great Struggle in the Parliament, on the Seventh of the same Month of December, as per the Observa|tions upon the Minutes of that Day appears, to which I re|fer, and the remaining part of the Article was adjourned till the Reports of the Committee appointed to consider of the Sixth and Eighth Articles were received and considered, which being now ended, the House proceeded to the subsequent Articles.

The First Clause of the Article was the main Prelimi|nary to the rest, viz. Whether Scotland should be oblig|ed to come in to the appropriated Duties of England, and consequently have her Revenues appropriated to the payment of the English Debts, receiving from Eng|land an Equivalent—; What that Equivalent should be, viz. Ready Money? How much it should be, viz. Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings—? And whether that Sum was rightly calculated? All this was determined as above.

The second Clause which came now to be debated was thus, And in regard, That, after the Ʋnion, Scotland becoming liable to the same Customs and Duties payable on Import and Ex|port, and to the same Excises on all Exciseable Liquors as in England, as well upon that Account as upon the Account of the Encrease of Trade and People, (which will be the Happy Conse|quence of the Ʋnion) The said Revenues will much improve be|yond the before mentioned Annual Values thereof, of which no present Estimate can be made; Yet nevertheless, for the Reasons aforesaid, there ought to be a proportionable Equivalent answered to Scotland; It is agreed, That, after the Ʋnion, there shall

be an Account kept of the said Duties arising in Scotland, to the end it may appear, what ought to be Answer'd to Scotland, as an Equivalent for such Proportion of the said Encrease, as shall be applicable to the Payment of the Debts of England.

This was only to oblige the Persons appointed by the Go|vernment to direct the Treasury of Britain, That an exact Account might be kept, what part of the Revenue of Scot|land was to be appropriate, and for which the Equivalent was to be raised, in order also to come to a Certainty in the Measures which were to be taken with the Remainder—; And therefore this needed little Debate, yet it will occasion a further Remark presently.

The Third Clause runs thus, And for the further and more effectual answering the several Ends hereafter mentioned, it is a|greed, That, from and after the Ʋnion, the whole Encrease of the Revenues of Customs, and Duties on Import and Export, and Excise upon Exciseable Liquors in Scotland, over and above the Annual Produce of the said respective Duties, as above stated, shall go and be apply'd, for the Term of Seven Years, to the Ʋses here|after mentioned.

This was a general Referring also to the Particulars, to which the Overplus of the Revenue of Scotland should be ap|plyed, and this will also come to be discoursed of in its place, being here pass'd of Course.

The Fourth Clause was, And that, upon the said Account, there shall be answered to Scotland Annually, from the end of Seven Years after the Ʋnion, an Equivalent in Proportion to such Part of the said Encrease, as shall be applicable to the Debts of England.

This Clause could admit no Debate on the Scots side, since, as they had agreed, by the first Clause, to come into an Equality of Duties, this was Capitulating in behalf of Scotland, That an Equivalent should be paid by England for so much of the Revenues of Scotland, as should be applyed to the English Debts, over and above what had been already stated in the Equivalent named in the former Clause.

And here I shall take the Freedom to quote what the for|mer Gentleman I quoted before gave as his Opinion on this very Head, I mean Mr. Baron Clark, whose Judgment I think I may be allowed to appeal to, and who was a Witness to, and present in Parliament at all these Debates. See his Essay on the 15th. Article of the Ʋnion, Pag. 13th. in these Words—

2. That which is most Remarkable in this whole Ar|ticle, and particularly to be taken Notice of, is this, viz. That, from the Commencement of the Union, the whole Increase of the Revenues of Customs and Duties on Im|port and Export, and Excise upon Exciseable Liquors, over and above the Annual Produce of the said respective Duties, as above stated, shall be applyed for the Term of

Seven Years, to the Use and Advantage of Scotland, the Meaning whereof is hereby Illustrated.

Suppose, the Customs of Scotland, after the Union, (what upon the Account of a greater Trade, or upon the Account of taking upon us the English Customs) should increase to 80000 Pounds Sterling, which I believe no Trading Man will doubt of; then 'tis plain, that in regard there's an Increase of these Customs of 50000 Pounds above the present Extent, therefore that Increase is by this Paragraph allowed to Scotland yearly, for the foresaid Term of Seven Years, which will be a great Encouragement to Scotland, and by Consequence an Advantage to the whole Island; since 'tis not to be doubted, but such an Annual Sum of 50000 Pounds will be imployed during that time, towards such Ends and Uses as will be most for the Honour and Advantage of this Poor Country.

Ʋpon this Concession of the Increase of Customs and Ex|cises for Seven Years, 'tis likewise to be observed, That the Sum of 22874 Pounds that falls at September 1710 above|mentioned, will likewise go for the Remainder of the Term of Seven Years, after the Ʋnion, towards the behoof of Scotland, if so be that the Customs and Excises that raise that Sum are continued, and not appropriated for other Ʋses.

3 From the last part of the Paragraph, 'tis to be observ|ed, That there shall be answered to Scotland Annually, af|ter the Expiration of the foresaid Term of Seven Years, an Equivalent in Proportion to such parts of the Increase as shall be applyed towards Payment of the Debts of England. For Explaining of which, it may be observed,

Suppose, after the foresaid Term of Seven Years, the Cu|stoms of Scotland should rise to 120000 Pounds yearly, which is an Increase of 90000 Pounds above what they are new stated at; in that Case, the said Increase of 90000 Pounds wou'd be disposed of as follows,

Towards the Civil Government of Britain	17007
Towards the General Expense of the Nation	01710
Towards Payment of the Debts of Britain	71283
In full of the said	90000

This last Article of the Accompt is very Remarkable, ex|tending to no less than a Sum of 71287 Pounds to be appli|cable towards the Debts contracted before the Ʋnion. But this needs not amuse any Person: For in the first place, it was supposed, if there be a Peace concluded, and so an end put to the present War, then will the Debts of England be in a few Years fully payed. The Consequence of which will be, That the Customs and Excises, which after the Ʋnion,

will be payable by the Subjects of Great-Britain, shall then be intirely taken off and let fall. In the next place, Tho' the said Sum of 71287 Pounds be applicable yearly towards the Payment of English Debts; yet there shall be an Annual Equivalent given by England to the Extent of that Sum. Which leads us to consider a Question, Whe|ther or not that Sum of 71287 Pounds will be sent up yearly to England for paying these Debts? I Answer, No, for if it should, then, by the Nature of the Equivalents, that very Sum behoved to be sent back to us again, which is a certain needless Trouble; and Lawyers, when they intend to amuse their Clients with speaking a sort of La|tine; have this in their Mouths, applicable enough to this Purpose, Frustra petitur quod mox est restituendum.

Wherefore any Man may see, that this Sum is not to be sent to England, but must remain among us.

Could it ever have entered into the Heads of Men, in their right Wits, to burden a Poor Nation with an An|nual Payment of a great Sum, for Debts they never con|tracted, without at the same time allowing a Re-imburse|ment to them? And if so, can we imagine, that Matters will be so confounded, as that they must send yearly great Sums out of Scotland to England, for no other End, than immediately to be returned back again? This is so ridicu|lous, that 'tis scarcely to be spoken of.

Thus far Mr. Baron Clark, to which I shall add nothing, but that his Reasonings were so plain, that they needed no Explication—

The Fifth Clause was thus, And whereas, from the Expira|tion of Seven Years after the Ʋnion, Scotland is to be lyable to the same Duties for Salt made in Scotland, as shall be then pay|able for Salt made in England; It is agreed, That, when such Duties take place there, an Equivalent shall be Answered to Scot|land for such Part thereof, as shall be apply'd towards payment of the Debts of England; Of which Duties an Account shall be kept, to the end it may appear, what is to be Answered to Scot|land as the said Equivalent.

This required only to be left out as being useless, since the Affair of the Salt was settled otherways in the prece|dent Days Vote; So that hitherto these were all Negative Clauses in the Main.

The Sixth Clause was, And generally, That an Equivalent shall be Answered to Scotland for such Parts of the English Debts, as Scotland may hereafter become lyable to pay by Reason of the Ʋnion, other than such for which Appropriations have been made by Parliament in England of the Customs, or other Duties on Ex|port and Import, Excises on all Exciseable Liquors or Salt, in Respect of which Debts, Equivalents are herein before provided.

The Opposition made to this Article was on the same Foot as the Opposition made to the first Clause, viz. That they

would not have Scotland come into the English Debts at all, but having consented to come in as far as the Equivalent ex|tended, they were for making a Stop there—; But this was found Impracticable, after the Duties which were to be paid by Scotland were assented to, to have turned them from the Channel of Appropriation which the like Duties in Eng|land were appointed to run in by Act of Parliament, could not well be done, so after a short Dispute about the Possibi|lity of this, it was pass'd over also.

They now came to the Debate of the Application of the Equivalent, but this was too long a Subject to enter upon that Day, so it was adjourned to the next Time—.

MINUTE XLVI.

Friday 27. December 1706.

Prayers said,

Rolls Called,

The Lord Chancellor acquainted the Parliament, That notwith|standing, the several Addresses brought in, and presented to the Parliament, Against an Incorporating Ʋnion with England, in the Terms of the Articles, have been under due Consideration, during the whole Procedure, upon the Articles of Ʋnion: Yet there is now Information, that Letters are sent through several Corners of the Kingdom, Desiring the Subscrivers of these Addresses, to come in and Assemble at Edinburgh, upon pretence of waiting the Effect of the said Addresses, and of knowing what Return the Parliament will give them. All which he was directed by his Grace, Her Majesties high Commissioner, to lay before the Parliament, to the Effect pro|per Measures may be resolved upon, for preventing any Evil Con|sequences from these Practices.

And after some Discourse thereupon, a Proclamation was brought in and Read, against all such Mettings and Gatherings of the Sub|jects as unwarrantable, and contrair to Law. And after further Discourse, as to the Ground of the Information.

Her Majesties High Commissioner, was pleased to signifie to the Parliament, That he had Information from several Corners of the Kingdom, of the great Pains and Methods, which had been used to procure Subscriptions to Addresses, and to call in to Edinburgh the Subscribers, against a precise Day to back these Addresses.

And after Debate upon the Draught of the Proclamation, the Vote was stated, Approve of the Proclamation, or not.

But before Voting it was agreed to mark the Members Votes, and that the List of their Names as they shall Vote, be Printed and Re|corded.

And George Lockhart of Carnwath gave in the following Protesta|tion, viz. I George Lockhart of Carnwath Protest for my self, and all others who shall adhere to this my Protestation, that this Proclama|tion

now offered to be emitted, Discharging Barons, Freeholders, and Heretors within this Kingdom, to come to Edinburgh in time of sit|ting of Parliament, shall no ways prejudge the Rights and Priviledges of the Barons, Freeholders, and Heretors of this Kingdom, competent to them by the Laws of this Nation.

Which being Read, he took Instruments thereupon, and the Adherers were allowed to be marked at Calling the Rolls.

Then the Vote was put, Approve the Proclamation or Not, and it carried Approve. And the Duke of Hamilton, the Duke of Athole, the Earl Errol, the Earl Marischal, the Earl of Wigtoun, the Earl of Selkirk, The Viscount of Stormount, the Viscount of Kilsyth, the Lord Oliphant, the Lord Balmerino, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, the Lord Colvil, the Lord Kinnaird, Sir James Foulis of Collingtoun, Sir John Lawder of Fountainhal, Andrew Fletcher of Saltoun, Sir Patrick Home of Rentoun, John Bris|bane younger of Bishopioun, Mr. William Cochran of Kilmaronock, James Grahame of Bucklyvie, Robert Rollo of Powhouse, Sir Patrick Murray of Auchtertyre, John Murray of Strowan, Alexander Gordon of Pitlurg, John Forbes of Colloden, David Bethune of Balfour, Major Henry Balfour of Dunboig, Mr. Thomas Hope of Rankeilor, Mr. Patrick Lyon of Auchterhouse, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, James Ogilvie younger of Boyn, Alexan|der Mackgie of Palgown, James Sinclair of Stempster, Mr. George Mackenzie of Inchcoulter, Alexander Watson, Francis Molison, Mr. John Lyon, Sir Robert Anstruther, Mr. John Caruthers, George Home, and John Bain, adhered to the Protestation given in by George Lockhart of Carnwath.

Adjourned till Munday next at Ten of the Clock

OBSERVATION XLVI.

The Work of this Day Explains it self—, and needs but little Remark; This was a new shift, if possible, to have Di|verted the Parliament from going on with the great Work of the Union, Tumults and Riots in the Country had been tryed in Vain, and the Glasgow Rabblers were closs in the Castle of Edinburgh, Mobs and Rabbles in the Streets had been supprest, and the Guards did constant Duty in the City, walked the Rounds in the Night, and kept the Streets quiet, the Meeting of the Heretors and Fencible Men, had been Dis|charged by Proclamation, and the Clause in the Act of Security, Licensing them to do so, had been Repealed; So that now no Room was left for violent Methods, except by open and actual Rebellion, and that had all possible provision made for it in the Laws, and the Queen had Ordered Troops to the Borders of England, as is before Noted, in order to assist and support the Government, in case of Necessity.

The only Pretence therefore now, was this, The Ad|dresses, as you will Read in the Minutes, had been continually brought in against the Union from all parts of the Kingdom, Answers were not given, nor expected to be given by the Parliament, but they lay before the Parliament for their Consideration; and an Address lying before the Parliament, is, by the Nature of the Thing, supposed to be under Con|sideration—; But the Addressers pretending, That no Re|gard was had to their Addresses, pretend now to come all up to Edinburgh, to wait for, or rather to Demand Answers to their Addresses—; This was too bare faced a Pretence not to discover its own Meaning; And therefore the Parliament immediately agreed to the Proclamation, to Discharge or Forbid all such Gatherings or Meetings of the Subjects, as Unwarrantable and contrair to Law. See the Proclamation in the Appendix N^o. B x x.

You will observe, That on several Occasions after the first Pro|posal of Printing the Names of such as Voted on either side, the like List of Names was Ordered to be made publick—, it would have been too long to have subjoyned these to every Vote—, and also been Troublesome and Useless to the Reader—; But this Case being something singular, I have put the Names of the Members as they were Printed by Order of Parliament, in the Appendix of this Work, marked with this Mark D x x, by which some guess may be made, who Encouraged or Discouraged the Violences of those Times, and what Encouragement were suggested to those without, from the Proceedings and Conduct of those within.

It was expected by some People, That these Tumults should have had great Encouragement on the part of the Church; and great pains were taken to draw in the Ministers in several parts, to Espouse the Quarrel, and to appear with the People against the Union.

But the Ministers, however they shewed themselves against the Union in General, and against the several Particulars as they concerned them, yet they shewed no Inclination to Encourage the Tumultary Methods, that the Violent Tempers of other People, seemed to be precipitating the Nation into; and therefore the Letter written by the Commission to the several Presbyteries, was very seasonable, not only to prevent the Mischiefs Threatning the Peace of the Kingdom at that Time, but also to Vindicate the Commission of the Assembly from the Aspersions raised upon them from the above Sup|position, Copy of which I have inserted in the Appendix, with the Answer of the Presbytery of Hamilton to it N^o. O x, P x.

It would have been endless to have added here, the par|ticular Addresses which were presented from the several parts of the Kingdom, however, some of the most significant I

have added in the Appendix, marked as follows, Address from the Presbytery of Hamiltoun N^o. N x, which was very particular, the Presbytery of Dumblain N^o. L x. with the Address from Kirkcudbright N^o. M x. the Town of New Gal|loway N^o. Q x, Dumfermling N^o. R—. From these Ad|dresses, the Bulk of the rest may be guessed at; Only it may be Noted, there were but three Presbyteries in the whole Kingdom that Addressed at all, viz. Lanerk, Hamiltoun and Dumblain, there being Sixty Eight Presbyteries in the whole.

MINUTE XLVII.

Monday 30. December 1706.

Prayers said,

Rolls Called,

Thereafter the first part of the Seventh and last Clause of the Fifteenth Article of Union, beginning thus, And as for the Ʋses, to which the said Sum of 398085 Pounds, &c. was again Read, and after Reasoning, the Representation of the Council Gene|ral of the Company of Scotland Trading to Africa and the Indies was also again Read; and after further Reasoning thereupon, and upon the Application of the Equivalent, a Proposal was given in for altering and amending the said first part of the above Seventh, and last Clause of the said Fifteenth Article, in these Terms, viz.

It is agreed, That, in the first place, out of the foresaid Sum, what Consideration shall be found necessary to be had for any Losses which private Persons may sustain, by reducing the Coin of Scotland to the Standart and Value of the Coin of England may be made good. In the next place, That the Capital Stock, or Fund of the African and Indian Company of Scotland, advanced, together with the Interest of the said Capital Stock, after the Rate of Five per Cent. per Annum, from the respective Times of the pay|ment thereof shall be payed: Upon payment of which Capital Stock and Interest, It is agreed, the said Company be Dissolved and Cease; and also, That, from the time of passing the Act of Parliament in England, for raising the said Sum of 398085 Pounds 10 Shillings, the said Company shall neither Trade nor grant Li|cence to Trade; Providing, That, if the said Stock and Interest shall not be payed in Twelve Months, after the Commencement of the Union, That then the said Company may, from thence forward, Trade or give Licence to Trade, until the said haill Ca|pital Stock and Interest shall be payed: And as to the Overplus of the said Sum of 398085 Pounds Ten Shillings, after payment of what Consideration shall be had for Losses in Repairing the Coin, and paying the said Capital Stock and Interest; and also the haill

Increase of the said Revenues of Customs, Duties and Excises, above the present Value, which shall arise in Scotland during the said Term of Seven Years, together with the Equivalent, which shall become due upon the Improvement thereof in Scotland, after the said Term, and also as to all other Sums, which according to the Agreements aforesaid may become payable to Scotland by way of Equivalent, for what that Kingdom shall hereafter become lyable, towards payment of the Debts of England; It is agreed, That the same be applyed in manner following, viz. That all the Publick Debts of the Kingdom of Scotland, as shall be adjust|ed by this present Parliament, shall be payed, and that 2000 Pounds Sterling per Annum, for the space of Seven Years, shall be apply|ed towards Incouraging and Promoting the Manufacture of course Wooll within these Shires which produce the Wooll, and that the first 2000 Pounds Sterling be payed at Martinmass next, and so yearly at Martinmass during the space foresaid; and afterwards the same shall be wholly applyed towards the Incouraging and Promoting the Fisheries and such other Manufactures and Improve|ments in Scotland, as may most conduce to the general Good of the United Kingdom.

Which being Read, and after Reasoning thereon, it was Moved, That the Company of Scotland Trading to Africa and the Indies be heard by their Lawyers upon the Rights and Priviledges of the said Company before any further Procedure: And after Debate,

The said haill Seventh and last Clause of the said Fifteenth Article of Union from these Words, And as for the Ʋses to which the said Sum of 398085 Pounds Sterling, to the end, with the above Altera|tion and Amendment was Read over.

And thereupon there were Two States of a Vote offered, The First in these Terms, Approve of the Fifteenth Article of the Ʋnion as Al|tered and Amended, Yea or Not; and the Second in these Terms, Whether this House will Dissolve the Indian and African Company, without the Consent of the Proprietors, and Hearing the Companies Law|yers upon the Rights and Priviledges of the said Company, Yea or Not; and after some Reasoning which shall be the State of the Vote, First or Second.

It was agreed before Voting, That the Members Votes be Marked, and that the List of their Names as they Vote, be Printed & Recorded.

Then the Vote was put First or Second, and it carried First.

Thereafter it was put to the Vote, Approve of the said Fifteenth Ar|ticle as Altered and Amended or not, and it carried Approve.

Then an Overture given in, in these Terms, That it be Re|mitted to the Committee to consider what Consideration shall be had of the Losses of the Coin; As also what the Capital Stock and Interest of the African Company, may amount to, and how and to whom the same shall be payed, and likeways to Adjust the List of the publick Debts, and to prepare Overtures on these several Heads, and to Report to the Parliament, with Power to them to call for Papers and Persons, and accordingly it was Remitted to

the Committee to whom the sixth and eighth Articles were remit|ted.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLVII.

Upon this part of the Application of the Equivalent, great Stir was made, on pretence of preserving the African Com|pany, and some Papers were offered to the Parliament.

The Company made a long Representation to the Parli|ament, needless to be inserted here—.

There were a Party who pretended to struggle, and some Motions appeared in the House to that purpose, against the Dis|solving the African Company; It is confest, the Company was a Thing the Nation had a great Concern in, almost every considerable Family in the Kingdom having some share in the Stock, and consequently in the Loss, for it was reck|oned no better: The Historical part of that Transaction does not relate to this place, but it may be proper to say a little to it, to introduce the true understanding of the Vote.

The Company had been Erected upon a General Subscrip|tion of 600000 lib. sterling, most of it subscribed in Scotland, upon which every Subscriber had paid down a certain part of the Sum subscribed, and was lyable at the Call of the Com|pany, to be pursued for the Remainder, and to pay it all in, as by the several Acts of Parliament, settling and confirming the said Company, will appear.

Upon the Miscarriage of the Expedition to Daricn, and the Return of their Ships, &c. the Company was so Discou|raged and Disheartned, that no new Attempt either there, or any where else, had been so much as Talked of, nor were any other Payments demanded, the Loss of what was already Expended lying very heavy upon the Nation, and parti|cularly upon some Families who could very ill bear it.

The Design had so effectually Miscarried, that the Stock advanc'd was not only Expended, but the Company was brought very low, and was very far in Debt upon the ac|count of their said Expedition to Darien—, and the Sub|scribers were always apprehensive of a Call upon them of some further payment, to discharge the Remainder due on the old Voyage, or perhaps to Form some new Expedition, and this made some People so Uneasie, that they sold their Stock in the said Company for Trifles, only to be secured against further Demands; In General, the Interest in the said Stock was come to so low an Ebb, that People valued them|selves little or nothing upon their Shares in it, and when the first View of the Union came on, and some thought one way

of it, some another, they either Bought or Sold as their Opi|nion of the Union, and its prospect of Success either increased or decreased; and indeed the publick Expectation of the Success of the Union ran very low at this Time, as may be supposed, from the Value now put on the Stock of the African Company, which was fallen so low, that several People offered to Sell their whole Interest for 10 per Cent. on the Ori|ginal Stock, tho' at the same time they saw, that if the Uni|on took place, the whole principal Money with Interest was to be repaid them.

There seemed to be abundance of Difficulties in the way of the Treaty; he Fury of the Rabbles, the Tumults in the Streets, the Strength of the Opposition, and the abundance of Debates they were yet to go thro', gave so mean a prospect of the Union, that tho' it was an Article in the Treaty, that when it was Finished, all the Stock of the African Company should be repaid with Interest, as above, out of the Equivalent Money, yet no Body Valued themselves upon it then, nor were any very fond of Buying, tho' the Demand was extravagantly low; and indeed so low as told every one, the Sellers look|ed upon it as a desparate Case, that they had no Dependance upon, and very little Expectation from

It was expected there should have been a Debate upon the previous Question, Whether the African Company should be Dissolved or no, and as per the Vote, it was proposed to hear Lawyers or Counsel in behalf of the Company, but it was apparent, this also was a Proposal not so much in behalf of the Company, as in order to put a full stop to the Uni|on, since it was evident, two Companies could not be con|sistent in Britain.

Nor was it alledged, That the Proprietors of the Company had it been put to the Question, would have desired the Com|pany to continue, and so have Disbursed further Sums to carry on their Trade, in hope of making up and recovering their Money; and this rather than have received their prin|cipal Sums with Interest back again, which was a Thing they had no reason to expect.

The Proposal therefore was rejected, not that every Mans Consent in his own private Right was not acknowledged to be needful—; But this being a publick Act granted by Parliament, the Parliament first securing every Man his whole Principal and Interest, from the very time of payment, had undoubtedly a Power to Rescind their own Act, and cause cease all the Powers and Privileges which derived from them.

Upon this Foot, it was thought just to Repeal the Acts Establishing the Company, even without hearing their Lawyers, or demanding their Assent—. Again, had the Assent been demanded, it ought to have been not an Assent

of the Directors or Council, but of every Proprietor, which, as it might have been Difficult, and perhaps Impossible, would have effectually answered the End of those Gentlemen, who sought to bring these Matters to a Head of Debate, and so have wrought out of them the wished for Delay to the Ʋnion then in hand.

Some also alledged this Case as parallel to the great Case now depending, and would have argued the last from the consequence of the first, viz. That as the Company could not be Dissolved by the Consent of the Directors, or Council, or Managers of their Affairs, but by the universal Consent of the whole Body of Subscribers; so neither could the Consti|tution of Scotland be Altered by the Act and Deed of the Representative, without the Concurrence and Assent of the Constituents from whom the Representatives derived—. But this seeming parallel appeared to be Imperfect, and con|sequently to be no parallel at all, since the Company could at any time be legally Dissolved, and their Charters, Privi|leges, and Powers be made to cease, by the same Power that made them, without asking the Assent either of the Directors or Subscribers; That is, without Consulting the Representa|tive or Constituent, Parts of that Body, and the Power so Dissolving, or taking away the said Company, had no other Obligation upon them, than in Justice to make good all Damage or Detriment to private Persons; and this was effectually done.

The Fate of the African Company of Scotland being thus Determined, the further Application of the Equivalent was the next Work—; and there seemed only two Things to call immediately for help.

• 1. The Coin, which of Necessity required a new Re|gulation.
• 2. The publick Debts of the Nation, which called loudly to be Discharged.

The Coin was agreed to be the first Consideration, and as per the Minute appears, was unanimously agreed to—, the state of which was in short thus;

By the lowness of the Coin in Scotland, both as to Quali|ty and Quantity, I mean the Old Money, Scotland came un|der this General Disadvantage, viz. That almost every Foreign Coin past current in Scotland to advantage: For Example—, the English Shilling past at Thirteen Pence, the French Crown which in London goes at Four Shillings Six Pence, past at Five Shillings, the Dutch Dollar at Fifty Eight Pence, the Bank Dollar, and Three other sorts commonly called the Wild-Horse, the Wild-Man, and Castle, being generally Im|perial or Rex Dollars, were by Act of Council raised to Sixty Pence.

This indeed had been occasioned by the Government in Scotland, formerly crying up their own Money above the usual Rate, a Thing always Fatal to the Nations that have thought fit to Venture upon it, and which Precipice England narrowly miss'd splitting upon in the late Restoration of her Coin, at which time, some People push'd hard at raising the Value of the Standart, not being aware of the National In|jury of Raising the Value of Foreign Species, and subjecting the General Credit to a Loss on Exchange with all Nations of the World.

By the Union the Coin of Scotland was to be reduced, and brought to the English Standart, the Consequence of this was of necessity, that there would be a Loss upon all the kinds of Money, both Foreign and Proper—; To cry down the Foreign Money, and bring it to a Value, could not be, because the English Money being the Standart, was to be the only current Money, and all other Money would, as in England, go by Weight only; To sink the Difference in the Hands of particular Persons, who had such Money in Possession, would have been a great Loss upon the poor People, and what they could not easily bear—

The Advance upon the English Money, which was one Penny on every Shilling of the Silver, and Two Shillings Two Pence upon every Guinea, fell by the Course of Things, that Money being to go current at the Rates as in England, and this was no small Loss to the People that had English Money by them, but the Foreign and Scots Money being no more to be current, it was but reasonable, that the Publick should defray the Charge, and make good the Loss, and therefore this was allotted out of the Equivalent.

Nor was that all, but as this was a Case which admitted no Delay, so it obtained the Preference of every Thing else, for till this was settled, the Circulation of Money would have been stopp'd, and a general Stagnation of Trade would have followed, and therefore it was appointed to be made good out of the Equivalent, before the African Company was refunded, and this set the Mint quickly to Work, as will appear in its place.

The next thing to be paid out of the Equivalent was the Publick Debts, there were some who struggled heartily to have the Debts of the Government come in before the Affair of the African Company, but it could not be carryed, those Debts were not all ascertain'd, and the Claims were to be remitted to the Decision of the Law, at least many of them, and this would have left the African Affair to a long Uncer|tainty, which neither the Nature of the Thing, nor the Oc|casion that Subscribers had for their Money could admit of—; For it is to be observed by the Clause, That if the whole was not paid them within Twelve Months, they had

Privilege to Trade, or give Licence to Trade, as if they were not to Dissolve at all.

Next after the African Company therefore the Publick Debts came to be considered, and the Equivalent was appro|priated to the Discharge of the said Debts; And if the pre|sent Sum fell short, it was to be made good out of the grow|ing Customs and Revenue of Scotland, which for Seven Years was to be appropriate for such Uses, as will hereafter appear.

The next in order was to bestow this Money for the En|couragement of Trade, and first the Wooll Masters as they are called, that is the Gentlemen whose Estates were in the Sheep Countries, and whose Rents were generally paid in Wooll, these made loud Complaints, that the Unions bringing upon them a Prohibition or Restraint of the Exportation of Wooll, and there being no Consumption by Manufacturing at Home, and their Wooll too course for Sale in England, their Estates would be visibly sunk, and therefore that they ought to have some Equivalent also.

To this it was alledged, That the Exportation of Wooll, however obtained lately in Scotland, yet was grievous to the whole Nation, and ought to be restrained by Law, as it was injurious to Trade, and that it used in former Times to be re|strained; that therefore if this was a present Loss to them, it was nothing but a reducing them to what they were be|fore, and taking away the Advantages they had made for a few Years out of the Publick Losses: But however, That all Parties might, as far as possible, be made sensible of the Equity and Justice of the Union, a Consideration of 2000 Pounds Sterling per Annum was allowed to encourage setting up such Manufactures in these places, as might imploy the Poor, and help forward the Consumption of the Wooll in the Countries where it is grown—; How this 2000 Pounds per Annum was disposed, and what Effect it had on the Wooll, or on the Trade, I may Examine hereafter.

A Remainder after this is allotted to the Fishing, &c. But the Issue of this also being not come to Knowledge at Writing of this History, I can give no further Account of it.

As to the Affair of the Coin and of the African Compa|ny, the particulars were referr'd to the Committee, and we shall meet with them again in their Course, the Report of the said Committee being formed into an Act of Parliament, as will appear in its place—

MINUTE XLVIII.

Tuesday 31. December 1706.

Prayers said,

Rolls Called,

Saturday next appointed for private Business.

Thereafter the Sixteenth Article of Union was Read twice over, and the following Words were added thereto, And that the present Officers of the Mint be continued, subject to such Alterations, &c. And the Article as amended, being again read over, after Reasoning thereon, a Memorial was given in, in Relation to the Losses by the Coin, and remitted to the Committee, to whom the Sixth and Eighth Articles were remitted.

Then the Vote was put, Approve of the Sixteenth Article or not, and it carried Approve.

Moved, That a Proclamation be issued forth Lowering the Value of the current Coin of this Kingdom to the true Standard, and remit|ted to the above Committee, to be proceeded on by them prior to all other Business.

The Seventeenth Article of Union was then Read, and after some Reasoning thereon, It was put to the Vote, Approve of the Seven|teenth Article or not, and it carried Approve.

Thereafter the Eighteenth Article of Union was Read, and af|ter Reasoning thereon, an Overture was given in for adding a Clause in these Terms, That all Scotsmen be exeemed from the English Sacramental Test, not only in Scotland, but in all places of the Ʋnited Kingdom and Dominions thereunto belonging, and that they be declared capable of Offices throughout the whole, without being obliged to take the said Test.

And after Debate, it being moved, That it was not now intire to add the said Clause in Relation to the Sacramental Test, in respect of the Vote of Parliament of the 12th of November last, against ad|ding the like Clause: After some further Discourse thereon,

It was agreed, That the same should be put to the Vote, and that the Members Votes be marked, and the List of their Names as they shall Vote be Printed and Recorded.

Then the Vote was put, Whether it was intire to add the said Clause or not, and it carried Not.

Thereafter the Vote was put, Approve the Eighteenth Article or Not, and it carried Approve.

Act for Adjourning the Session to the first day of February next to come, given in and Read, and a first Reading ordered to be mark|ed thereon.

Then the Nineteenth Article of Union was Read, and delayed till next Sederunt of Parliament, and to be then taken under Consideration.

The Committee appointed to meet to Morrow at Nine a Clock.

Adjourned till Thursday next at Ten of the Clock.

OBSERVATION XLVIII.

The Matter committed to the Committee here, was not whether the Coin should be reduc'd to the English Standart, and be alike all over the Island, for that every one seemed to agree to, especially after it had been agreed before, that the Desiciency should be made good out of the Equivalent—; But how, and in what manner the Deficiency of the Money should be made good, was the thing the Com|mittee was to consider—; And here, con|trary almost to the Hopes of the People, the Committee concluded, that the Deficiency even of the English Money, viz. One Penny in each Shilling should be made good.

But here was a great Difficulty, and that was this, if it should be Voted, that no Consideration should be given for the English Money, the People would be great Losers, and the Article of making good the Losses of the Coin would not be made good to them—; If the Deficiency was Voted, then the English would bring in vast Sums of Money upon them to receive the Deficiency, and have it out in current Money, and so carry it home again, and by this Trick, as some suggested, all the Equivalent might be exhausted.

But the Committee found a Cure for both these Evils to|gether, 1. They resolved to make good the Deficiency of the English Money, that is, the English Silver Money, not the Guineas, and so all the Objections of that sort fell to the Ground; And to prevent the Possibility of bringing in any Quantity of Silver Money from England, they appointed all the English Money in the Nation to be brought in to certain places all in one Day, where the Sums being told, Sealed up, and laid by till no more was left to bring in, the Money was delivered back again the same day, with a Certification of the same, which entitled the Proprietor to the Deficiency to be paid out of the Equivalent.

Thus in one day all the English Money in the Kingdom, (viz. all the Silver Money) was reduc'd to the English Value, and went after that as in England, and for no more—; And as the Rate of Exchanges always attends the Intrinsick Value of the Specie, so the Exchanges, which before ran at Eleven or Twelve per Cent. to the Disadvantage of Scotland, immediately came to A PAR, and Money ran between Lon|don and Edinburgh at a half per Cent. or at most one per Cent. sometimes this way, sometimes that way, as the Demand of Remitters and Drawers happened to alter the Case.

However the Proclamation mentioned in this Vote was con|cealed, till the Time that all Things were ready for this Cal|ling in the Money, that People might not have Notice of the Thing, and conscquently have Room to bring in Money from England; It was alledged nevertheless, That several conside|rable

Sums were brought over the Borders, but I never could understand, That it was proved; for the particulars, the Reader is referred to the Proclamation which contains the Report of the Committee, and shall come in its place.

The Seventeenth Article required no Debate at all, being what every Body acknowledged to be needful.

The Eighteenth Article was so well worded, and every Thing that related to Scotland so well provided for, that there was very little Room for Objection, and what was offered merits not to be remembred—; What was said re|lating to the Laws, being made Alterable by the Parliament, amounted to nothing but just what had been Argued in Lon|don at the Treaty; as for those that would have it out of the Power of subsequent Parliaments to alter any of the Laws, when they came to consider, that this was to Bar Scotland from having the advantage of a Legislature, and from what is Essential to all Government, viz. To have a Power in Beeing to make such Laws as they shall want, they presently Quitted a Notion so wild, remembring that Laws which are for the publick Good in one Age, may be directly otherwise in another; And to leave the Parliament no Power to Amend or Alter the Laws, would be to put Scotland in a worse Con|dition than any Nation in the World, that when any part of Her Law became Grievous to Her, it could not, tho' at Her own Request, receive any Amendment; the Reasonableness therefore of its being always in the Power of subsequent Par|liaments to Make or Amend Laws being granted, the Distinction of the Article admitted the less Debate, all things being to be done only to the evident Ʋtility of Scotland.

There was a second Attempt made here, with relation to Exempting the Scots from the Sacramental Test in England, but as it was just the same thing as is mentioned already in the Observation of November 12th. I need make no further Remark upon it, than this, That it was thrown by as a Thing in its self Impracticable, Unreasonable for the Scots Parlia|ment to meddle with, and as offered only to Embarrass the present great Affair upon the Stage.

The Session or Term for Law-proceedings was now further to be Adjourned, and this was thought Necessary, not only because of the present Hurry the Nation was in, being Uni|versally taken up about the great Affair of the Union; but it was thought some Advantages were designed against the Treaty, from the Confluence of People that from all Parts of the Kingdom, generally come together on this Occasion; and the Gentlemen who were for the Union, did not think it Safe to give such an Opportunity or Pretence, for the Coun|trey to gather to Edinburgh, as that must of Necessity offer to them.

MINUTE XLIX.

Thursday 2. January 1707.

Prayers Said,

Rolls Called,

ACT Adjourning the Session to the First Day of February next to come Read a second Time; and after Reasoning, it was proposed, That the Adjournment should be to the Fourth of February, and likeways proposed, That the Adjournment should only be to the Twenty First of January instant, and after further Reasoning, the Vote was put, Approve of the Act Adjourning the Session to the Twen|ty First of January or Fourth of February, and it carried, Approve of the Act Adjourning the Session to the Fourth of February next to come.

Thereafter the Act was Touched with the Royal Scepter by Her Majesties high Commissioner in the usual manner.

Then the Nineteenth Article of Union was again Read, and after some Reasoning on the First Clause of the said Article, in Relation to the Court of Session or Colledge of Justice; a Motion was made for adding a Clause in these Terms; And that hereafter none shall be named by the Queen or Her Successors, to be Ordinary Lords of Session, but such who have served in the Colledge of Justice as Advocats or prin|cipal Clerks of Session for the space of Five Years.

And after some Reasoning, It was also moved, That Writers to the Signet should be added to the Advocats and Clerks.

And after further Reasoning, the Vote was stated, Approve of the First Clause or Paragraph of the Nineteenth Article with the above additional Clause or without it.

But before Voting, It was agreed, That in case the Vote should carry Approve of the said first Paragraph of the Nineteenth Article with the additional Clause, It shall be intire to debate, whether Writers to the Signet are to be added or not.

And thereupon the said first Paragraph and additional Clause being read over, the Vote was put, Approve of the said first Para|graph with or without the Addition, and it carried, with the Additi|on.

And after Debate, Whether Writers to the Signet shall be added or not, it was put to the Vote, Add Writers to the Signet or not, and it carried, Add.

Whereupon it was moved, That such of the Writers to the Signet as have served Five Years in that Station, shall be understood Qua|lified as well as Advocats and Clerks, and after Debate thereon, it was moved, that the further Debate be adjourned till the next Se|derunt of Parliament, and also moved to proceed now to the De|termination of the time for their Qualification.

And after Reasoning, the Vote was put, Proceed or Delay, and it carried Delay.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION XLIX.

I have given the Reasons for Adjourning the Session in the last Observation; The Debates of this Day were only upon the Day to which it should be Adjourned, which are not Material, only to Note, That the Gentlemen against the U|nion were always for the shortest Adjournment, which some said, was in hopes to get the Session to begin before the Parliament should end.

By the Nineteenth Article, the Court of Session, or as it is called, The Colledge of Justice, with the Court of Justiciary, are here effectually Established and Confirmed, their Being and Constitution can not be Touched, no not by the Parlia|ment; They are indeed to submit to Regulations, and it can not but be Reasonable it should be so, but none of these Re|gulations can affect them as a Court.

It may not be unnecessary, for the sake of the English Reader, to Explain the Terms in this Article, and to Describe the People mentioned here, by the like kind of Offices known in England, and to Note,

• 1. That the Colledge of Justice, consists of the Lords of Session, Advocats, and Writers to the Signet; The Lords of the Session are a Bench of Judges, consisting of Fifteen, of whom one is Lord President of the Session, now possest by Sir Hugh Dal|rymple Brother to the Earl of Stair—; These are Judges of all Causes of private Right, like as the Court of Queens Bench and Common Pleas, from whom Ap|peals lay before the Parliament, called Petitions for Remeid of Law; Their Sallary was Two Hundred Pound per Annum, but is now since the Union Five Hundred Pound.
• 2. The Court of Justiciary is a Criminal Court, con|sisting of Five Judges, who are called, The Lords of Justiciary, of whom the Earl of Cromerty is President or Chief, and is called, Justice General.
• Advocats here, are Lawyers, such as the Counsellors at Law in England, who Plead before the Lords of the Session, (the Judges) and give Advice, take Fees, &c. as the Connsellors of the Inns of Court in England.
• Writers are something like Attorneys, who prosecute Law Suits, and prepare Things in due Form for Trials at the Bar.
• Writers to the Signet, are a Select Number of those by whom all Processes must be Signed, before they can go on in Form.

It was the Subject of no small Debate here, Whether any Writer should be capable of being Lord of the Session, or Advocats or Counsellors only; It had been alledged, that it was Dishonourable to the Bench of Judges, to raise any of the Writers, which are a lower Rank of Practitioners, to the Dignity of a Lord of the Session; That it was Advancing them over the Heads of the Advocats, that in England no Man arrives to the Dignity of a Judge, till he is first received within the Bar, That is, made a Serjeant; and that till now, Writers were not Admitted.

The first Motion was even against Advocates or Clerks of the Session too, till they had served a certain Number of Years as Advocats; but the Writers finding themselves ex|cluded by that Vote, got it added after a long Debate.

It remained then to Determine, what Writers should be Qualified, and which Excluded; but as this Debate seem|ed something of a Surprize to the Parliament, and the whole Faculty seemed concerned in it, it was put off to the next day—; The Debate seemed of no great Concern to the Publick, but as it affected private Persons, whose Interest was at that time strong in the Parliament, it occasioned warm Debates.

MINUTE L.

Friday 3. January 1707.

Prayers said,

Rolls Called,

Then the Parliament resumed the Consideration of the Debate anent the Qualification of Writers to the Signet, before they can be named ordinary Lords of Session: And after some further Debate as to the time they are to serve as Writers, before they can be ca|pable to be named Lords, there were two States of a Vote offered; the first in these Terms, Whether they shall serve Twenty Years, or none, and the second in these Terms, Whether they are to serve Eight or Ten Years; And after some Reasoning, which of the two should be the State of the Vote, First or Second,

The Earl of Abercorn gave in a Protest against the first State of the Vote in these Terms:

"I Protest against the stating of the first Vote, because, which way soever it may be carried, it, in my humble Opinion, elides one of the two Votes past Yesterday, re|lating to the Additional Clause; for, if it should be carried, That a Writer to the Signet may be admitted to be an ordinary Lord of the Session, without limiting a reasonable Time for Qualifying himself by Experience, as to the Practical Part of the Law, then that seems to be inconsistent with the Vote, requiring Advocats

undergoing a Five Years Probation at the Bar: On the other Hand, if the Vote should be carried for a Writers being Twenty Years in that Station, before being capable to be named by the Sovereign to be an ordinary Lord of the Session, that seems to be Tantamount to an absolute Exclusion of Writers from the sad Office,

and thereupon he took Instruments.

Then the Vote was put, First, or Second; and it carried, Second. Thereafter the Vote was put, Eight, or Ten Years, and it carried, Ten Years.

Then a Motion was made for an Additional Clause, in relation to the Qualification of Writers in these Terms,

"With this Provi|sion, That no Writer to the Signet be capable to be admitted a Lord of the Session, unless he undergo a private and publick Try|al on the Civil Law, before the Faculty of Advocats, and be found by them Qualified for the above-said Office, Two Years be|fore they shall be named to be a Lord of the Session:

And after Reasoning thereon, the Vote was stated, Add the Clause, or not.

But before Voting, it was Moved,

"That the Qualifications made or to be made, for Capacitating Persons to be named ordi|nary Lords of Session, shall be Alterable by the Parliament of Great-Britain;

And after Debate, it was put to the Vote, Alte|rable or not, and it carried, Alterable.

Then the Vote was put, Add the Clause in relation to the Qualifi|cation of Writers, and it carried, Add.

Thereafter the second Clause of the Nineteenth Article of Union in relation to the Courts of Justiciary, was read, and agreed to.

And the third Clause in relation to the Admiralty, was also read, and agreed to.

Thereafter the other Clauses of the said Nineteenth Article, in relation to the Court of Exchequer and other Courts, and also the Remainder of the Article was read, and agreed to.

Then the Vote was put, Approve of the Nineteenth Article as amend|ed, or not, and it carried, Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION L.

There needs little to be said of this Days Work, our last Observation having stated the Case, and the Vote it self be|ing more particular than ordinary in that Matter.

The Writers to the Signet were admitted to be made or|dinary Lords of the Session, upon Conditions and Qualifica|tions as by the Minute, viz. Ten Years Continuance as Writer, and Two Years afterward passing a Tryal before the Advocats.

But it may not be Unnecessary to Note, That all this De|bate had some Ground for it that did not yet appear, and some personal Views were in it on either Hand; The latter, it can be of no use to meddle with here, but the Reasons in general of this Debate were, to foreclose the admitting Per|sons

to be Judges, who had not been bred to the Law, a Thing really Significant in it self, and which some alledged had been but too much practised, in Scotland, to the great prejudice of the College of Justice in general, the Injury of the Gentlemen who were bred up to the Study of, and had run thro' long Practice in the Law, and not over much to the Reputation of the whole Session in general—; It was said also, That there were Views of this sort at this time, and that much of the Debate was founded upon that Head, but this I will not affirm, it is certain, the Lawyers made no small Struggle in the Case of Qualifications on both Sides—; The People generally seemed very well pleased with the Limitations, as what seemed very much to regard the Repu|tation of the Law, and be some Security for the time to come, that such as shall be advanced to be Judges of the Law, shall be chosen from among those who best understand the Law—; At last the Debate seemed to meet with some Interruption on the Account of submitting these Qualificati|ons to the Parliament of Great-Britain—; This was op|posed by several sorts of People; and it may be noted, some were for submitting this to such Alteration, which were very warm against submitting other things—; Their Reasons were plain to the Persons concerned, but being of no publick Consequence to Record those things, I leave them to the Ob|servation of the respective Parties.

It was at last settled, as per the Vote, alterable by the Bri|tish Parliament; And I cannot but note, That those Gentle|men, who expect the Limitations, shall be enlarged by a Bri|tish Parliament, and were, on that Account, forward to sub|ject it to such Alteration, may very probably be disappoint|ed, Parliaments in England having on all Occasions, showen themselves forward to secure a Succession of able and well Qualified Persons to be Judges in England, and will no doubt be careful of the same in Scotland, when ever that case shall come before them.

MINUTE LI.

Saturday 4. January 1707.

Prayers Said,

Rolls Called,

ACT in favours of the Burgh of Dundee, for an Imposition of two Pennies upon the Pint of Ale and Beer, to be Browen and Vended within the Bounds, and for the Uses therein mentioned, Read a second time, and after Reasoning thereon, a Clause was offered to be added thereto, Impowering Overseers and Managers of the said Imposition; and with power to determine how it shall be uplifted,

whether out of the Malt or out of the Liquor; and a Petition given in for the Brewers of Dundee against the said Act was Read; and another Clause was offered to be added to the said Act, in fa|vours of Mr. James Anderson, in these Terms, With this Provision, as it is hereby expresly provided and declared, That the said Imposition is, and shall be burdened with the Sum of twelve hundred Pounds yearly, for the space of six Years. to be payed to Mr. James Anderson Writer to the Signet, or his Assigneys, as a part of the Expenses of the Work re|commended to him by the Parliament, and that at two Terms in the Year, Martinmass and Whitsunday, beginning the first Terms Payment at Martinmass 1707 Years; And ordains the Magistrates of the said Burgh to make payment of the same accordingly; Which being Read, it was agreed to add the said Clause; and after further Reasoning on the said Act, several other Amendments were made thereupon, and after Debate on the above Petition for the Brewers, and Clause in relation to the Management, it was put to the Vote, Approve of the Act as amended, or add the Clause. and it carried, Approve.

Then the Lord Chancellor, by Order of Her Majesties high Com|missioner, acquainted the Parliament, that in this Session of Parlia|ment, other two Days shall be appointed for private Business.

Draught of an Act for Dissolution of the Lands of Orkney and Zetland from the Crown, in savours of the Earl of Mortoun, Read, and agreed, That the Feu-duty payable therefore, shall be six thou|sand Pounds, and that the Queens Haulks be reserved, and a first Reading ordered to be marked thereon, and agreed that the said Act shall be first proceeded upon, the first Sederunt for private Business preferable to all others.

Petition John Henry Huguetan, craving to be Naturalized, and also craving a Protection, again Read, and thereafter an Act for his Na|turalization was also Read; And sicklike, an Act for the Natura|lization of Colonel Scipio Hill, Lieutenant-Colonel Henry Verriere of Her Majesties Regiment of Foot-guards, Lieutenant-Colonel John Cadour Captain in Major General Maitland's Regiment, Captain Theadore Dury Her Majesties chief Engineer, Captain Daniel Charlot Brigadeer in Her Majesties Troop of Guards, Captain John Burjond in Colonel Grant's Regiment, Captain James Cavaleir Lieutenant in Her Majesties Troop of Horse Granadeers, Ensign Peter Charan|toun in the Lord Strathnaver's Regiment, Peter Cregut formerly Lieu|tenant in Sir William Dowglass's Regiment, Jeremiah Bosugne Adjutant to Major General Maitland's Regiment, Mr. James Leblanc and Daniel Lasagette Merchants, Joshua Legoux Servitor to the Earl of Roxburgh, Francis Gobron late Servitor to the Earl of Crawfurd, Peter Bishop alias La-Mar Servitor to the Earl of Strathmore, Mr. John Godfrey Preacher of the Gospel, and Major Belshazer Guydet Captain of Dragoons in the Marquiss of Lothian's Regiment was Read, and a first Reading ordered to be marked upon the saids Acts.

And after Debate upon the above Petition as to the Protection, it was moved, That a Deliverance be granted thereon, in the fol|lowing Terms, viz. That for the better enabling the Petitioner to Re|establish

his Affairs and satisfie his just Debts, Protection be granted for the space of seven years to the Petitioners person; and also that Protecti|on for the space foresaid be granted to the Petitioners Goods and Estate Heretable and Moveable against Diligence at the instance of Creditors, for such Debts as have been contracted before April 1705 years, Excepting such Debts as have been contracted to any of the Subjects of Her Majesties Dominions, or such Debts as have been originally contracted to the Sub|jects of Her Majesties Allies, or which shall be made appear by the Credi|tors before the Judge Ordinary, to have been Transferred to them bona fide, and for adequate onerous Causes, before the Twelfth of December last, providing always the Petitioner Reside within this Kingdom, du|ring the time of the said Protection.

And after further Debate, it was put to the Vote, Grant Protecti|on to the Petitioner in the above Terms, or delay till the Act for his Na|turalization get a second Reading, and it carried Grant Protection in the above Terms.

Agreed that the Act in favours of the Burgh of Aberdeen, for an Imposition in the Terms therein mentioned, be under Conside|ration the first Sederunt for private Business, next to the Act in fa|vours of the Earl of Mortoun.

Then it was intimate, That there being an Action upon the Pro|test for Remeid of Law, Sir Thomas Dalziel of Binns, against the Lady Caldwell and her Husband, the Procurators for the Lady Caldwell and her Husband be ready to answer against the next Sederunt for private Business, and Sir David Dalrymple autho|rized to plead for the Pursuer.

Petition for the Heretors and Tradesmen of the Cannongate, for a Remit to the Commissioners of Supply of the Shire, to Value their Tenements and Yards, and to establish a settled Valuation thereof, that conform to the Valuation, they may pay their Proportion of Cess to the Good-Town, for their Relief thereof, Read, and ap|pointed to be seen and answered against the next Sederunt of Par|liament for private Business.

Agreed that my Lord Chancellor Rank and Bring in private Bu|siness to the Parliament the following days for private Business, as he finds just.

Adjourned till Monday next at Ten of the Clock

OBSERVATION LI.

This was a Day for private Business, and I should have wholly Omitted the Minute of it, but on the following Occa|sion—.

First, to Note how the Parliament of Scotland, on all Oc|casions, Encouraged Learning and Industry, and particularly the Labours and Study of Mr. James Anderson, a Gentleman bred to the Study of the Laws of Scotland, but by his own In|clination led into that Painful, but most Excellent and use|full

Study of Antiquity—; In the prosecution of which, he had begun a most Tedious and Chargeable Work in Search after the Antiquities of Scotland, and had formarly laid before them the Specimens he had made of that Work, which met with a General Approbation, and the Reward allotted him for it, shews the sense the House had of the Greatness of the Undertaking, which if that Gentleman live to Finish, it may let the world know, their Money was not ill bestowed.

The Naturalizing Monsieur Huguetan was a Thing lay open to some Reflections, and at first look'd meanly enough; The Man was fled from France, and as was said, had De|frauded the King of France, and private Persons also, of great Sums of Money, and finding himself unsafe in England, where a Commission of Bankrupt had been attempted to be Sued out—, he sought Protection here.

However the Parliament consented to the Naturalization—, but Limited and Restricted the Protection he sought with such just and reasonable Clauses, as that Monsieur Hugue|tan never thought fit to take the Benefit of it, but went away to Holland, where, what became of him, how he was near being Trapann'd away into France, where his Fate had been most certain; How the States General resented the Attempt, and punished the Persons, tho', at the same time, they did it in Respect to their own Jurisdictions and Con|stitution, rather than in respect to the Person—; How afterward he was Marryed to Madamoisell D'Odyke, in spite of all the Opposition made by Monsieur D'Auverkirke her near Relation, and Velt Mareschal of the Forces of the States; These things, as not material to this History, I shall take no notice of, and only mention the other, to let the World see, That, tho' the Enemies of Scotland loudly clamoured, that, for the sake of bringing Money thither, they would make themselves the Sanctuary of the most Infamous Persons; yet, that upon the Application of this Man, they clogg'd the Fa|vour they bestowed with such just Clauses in Relief of the Claims of private Persons, that, if the Person sought any Sanctuary against his just Debts, he found it was not to be had in Scotland, and therefore he was so far intirely dis|appointed. As to his publick Affair with the Government in France, it did not appear other than by Report, and no publick Body could be obliged to provide against any thing that they had no Documents to prove, and which no Body appeared to accuse him of.

MINUTE LII.

Monday 6. January 1707.

Prayers said,

Rolls Called,

Then the following Addresses were given in, and read, viz. Address of Barons, Freeholders, Heretors, Gentlemen, and others in the Shire of Aberdeen, Subscribers of the same; Address of Ba|rons, Freeholders, Heretors, Gentlemen, and others in the Shire of Kincardine and Town of Stonehaven, subscribing the same; An Address of Inhabitants of the Town of Peterhead, Subscribers of the same; all against an Union with England in the Terms of the Ar|ticles.

Overture for an Act anent the Admiral Court, read, and ordered to be Printed.

A Report brought in from the Committee, to whom the Consi|deration of the Coyn was remitted, was read, as also a Proclama|tion in relation thereto, and after Reasoning thereon, both were remitted back to the said Committee to be further considered.

Then the Twentieth Article of Union was read; And it was Mov|ed, That a Clause should be added thereto, for Preserving the whole Records and Registers, both General and Particular, and Warrants thereof, and for detaining and keeping them with|in this Kingdom in all time coming; And after Reason|ing thereon, It was agreed, That, when the Twenty Fourth Article falls under Consideration, a Clause to that Effect shall be brought in to be added thereto.

Agreed, That, after the Words, Heretable Offices, and Heretable Jurisdictions, the Word Superiorities be added to the said Article: And the Article being Read over with the said Addition, The Vote was put, Approve the Twentieth Article of Ʋnion, or not; And it carried, Approve.

Then the Twentieth First Article of Union was Read; And, af|ter Reasoning, It was Moved, To add a Clause thereto, in these Terms, Subject, nevertheless, to such Alterations, as the Parliament of Great-Britain shall think fit: And, after further Reasoning thereon, Two States of a Vote were offered: The First in these Terms, Ap|prove the Article, or Not; The Second in these Terms, Add the Clause, or Not: And, after some Reasoning, which should be the State of the Vote, First, or, Second.

It was agreed, That the Members Votes shall be Marked: And, that the List of their Names, as they Vote, shall be Printed and Re|corded.

Then the Vote was put, Which shall be the State of the Vote, First, or, Second. And, it carried, First.

Thereafter, the Vote was put, Approve the Twenty First Article of Ʋnion, or Not, and it carried, Approve.

Then the Twenty Second Article of Union was Read; And the Consideration thereof delayed till next Sederunt of Parliament, to be then proceeded upon, previous to all other Business.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LII.

The Affair of the Courts of Admiralty and Exchequer, need very little Remark, they were by the Nineteenth Ar|ticle reserved, and their distinct Powers are very expresly stated in the Article it self, nor did it occasion any great De|bate in the Parliament; for those Debates which were raised upon a supposition of the Union taking place, it was obser|ved, gave the House the least Trouble—, which I take to be a further proof, that the main Design in Opposing and Debating the Particulars, was, as they pointed at the Gene|ral, and it was therefore a just Observation, that any Head of Argument became more or less vigoursly opposed, as it, more or less pushed at the Union in General.

The Office of the Lord high Admiral for all Britain, it was absolutely necessary to reduce to one—; But the Courts of Admiralty having their several Jurisdictions & Authorities were as necessary as several private Rights, which by the next Article were to be reserved, depending intirely upon it.

The heretable Rights of Admiralty, & the Vice Admiralties, were also necessary to be supported; and all these Things made it absolutely necessary to preserve a Court of Admiralty, the Tryals being to be had in Scotland, and which by the Constitution and Laws of Scotland, reserved as before, could not be legally Transferred to, or taken Cognizance of by the Court of Admiralty of England.

The like in the Affair of the Exchequer, where, if the Seizures of the Customs, if private Rights and Debates between the Queen and Subject, could not have been Tryed in Scotland, the General Reserve of the Laws to Scotland; could not have been maintained, and the Subject would have been put to in|tolerable Inconveniencies and Expences in Pursuing and De|fending in all Pleas of the Crown, or Cases between the Queen and Her Subjects.

These Things therefore admitted of very little Debate, but were regulated by the Methods required by the Customs and Forms of Law, and then past as it were in course.

The Affair of the Privy Council was also left to its own Fate, the Story of which I omit here, because it will come necessarly to be spoken of in the subsequent part of this

History, when it was Deposed with some Struggle, and as some thought, a little sooner than was needful.

The present Article, which I take to be a very Extensive one, had passed, and been in all its parts Unexceptionable, had not one unhappy Word been brought in, and this was the word SƲPERIORITIES; But this being added without any Condition or Power left in Parliament to Dissolve those Superiorities, upon an Equivalent to the Owners, whenever the United Parliament should find Occasion for the publick Good to do so; has bound down Scotland to the private Tyrrany and Oppression of the Heretors and Lairds, which it is easie to make appear, is at this Time one of the greatest Obstructions to Her Peace and Prosperity.

The Superiorities meant here, are the Rights of Vassalage which the Gentry of Scotland have over the People, which, as it is Extended, gives the Chiefs and Heads of Clans, Lairds and Heretors, such an absolute Dominion over both the Per|sons and Goods of the poor subjected People, as seems per|fectly inconsistent both with the Peace and the Improvement of Scotland in particular, or of any Free Nation in General, and this two ways.

1. As it gives too great a Power to particular persons, who are thereby rendred Independent of the Law, and put in too easie a Condition to Insult the Government, and break the publick Peace; Instances of which have been given since the Union, as shall particularly appear in the Process of this History, where Persons by the Assistance of their Tenantry, and the Dominion of their own Superiorities, protected them|selves from the publick Justice, and bid Defiance to the just Resentments and Suspicions of the Government, even in a Time of French Invasion—. That a Power to put any one in such a posture, is inconsistent with the publick peace; I need not spend Time here to Dispute, and Scotland may have, and I doubt will have occasion to acknowledge.

2. As it keeps the Common People and Tenantry of Scot|land in a Condition inconsistent with the Liberty of a Free Nation, and under an intolerable Slavery to their Landlords, by which they are effectually prevented either Improving their Stocks for themselves, or their Lands for their Landlords;—, which the Landlord himself effectually prevents, by his absolutely Ruining and Devouring their Industry at his own will.

This Subject is too long for the Extent of a single Obser|vation, and will be more particularly spoken to in its place; but I note it here as the proper Subject of the place, this be|ing the Day when it was introduc'd into the Treaty, and had only this Unhappiness, that it came in, as it were, by Head and Shoulders, without any previous Conditionary Clause—; I do not alledge, That the Superiorities of the Gen|try

should have been taken away by Law, without Satisfacti|on made to the private Estates of those, from whom they should have been taken, farther is it yet from me to say, or think, they should be surrendered to the Crown—; But certainly had it been left to a Parliament of Great Britain, to have Dissolved them upon any just Occasion, and, by Land or Money, have made a full Recompence to the Pro|prietors, and so have broken that Bond of Slavery by which Scotland has been so long suppress'd, and the Poor kept Poor, their Industry discouraged, and their Labour devoured; From that Day the Nation had dated its Liberty and Pros|perity; Plenty, and Encouragement to Trade and Manu|factures must have followed, since no People can be supposed to Work cheerfully, when they cannot enjoy what they gain, or call it their own.

But this was a Time of Hurry, and People could not look about them as at other Times; Nor was the Liberty of the poor People so near in View, as to move that Concern in Mens minds, which perhaps were it now to be done, might be otherwise; Whether this or the Fate of Scotland, I shall not Determine as the Cause of the Omission—. But 'tis evi|dent, The Thing is Ʋnhappily for Scotland, Omitted; And the great Opportunity of extending the Love of Liberty, as well as the Taste of it, to all the People Irrecoverably Lost.

The Rights of the Burghs came next to be Debated, the whole Rights of the Burrows were reserved to them by the Union; Nor was any Thing offered now to Abridge those Rights, yet it was thought, it both might be the Advantage of the Burrows, and of the Nation in General, to have those Rights subjected to Parliamentary Regulations, but some People took an Alarm at this, as if the Parliament in time coming, would take away the Privileges of the Royal Bur|rows; and thus in this particular Time of Jealousie, the great Advantages which both the Burghs of Scotland in particular, and the People of Scotland in General, might have had from Parliamentary Regulations, were lost and Foreclosed, and the Door Barr'd against any future Alterations to be made by Parliament, were they never so much to the Advan|tage and Benefit of the respective Parts.

The next Thing brought upon the Stage, was the Num|ber and Manner of Electing the Representative, it had been moved in the Debates of the Third Article, but was pur|posely Adjourned to this, as the proper Time of entring upon it—. It was too long an Affair to begin at the end of the Day; so it was Adjourned to the next Sederunt, when it took up Time enough.

MINUTE LIII.

Tuesday 7. January 1707.

Prayers said,

Rolls Called,

The Twenty Second Article of Union again read, and thereafter the first Paragraph thereof, in relation to the Number of Represen|tatives for Scotland in the Parliament of Great-Britain, was read over again; And after long Debate, a Vote was stated, Approve of the first Paragraph of the Twenty Second Article, or Not.

But before Voting, there were Four several Protests given in, viz. One by the Duke of Athole, a Second by the Earl of Buchan, a Third by George Lockhart of Carnwath, and a Fourth by Walter Stuart Com|missioner for the Burgh of Linlithgow, all against the said Vote, and the several Protesters took Instruments thereupon.

Likeas, a Fifth Protest was given in by the Earl of Errol, in these Terms, I Charles Earl of Errol, Lord High Constable of Scot|land, do hereby Protest, That the Office of High Constable of Scotland, with all the Rights and Privileges of the same, belonging to me Here|tably, and depending upon the Monarchy, Sovereignty, and Antient Constitution of this Kingdom, may not be weakened nor prejudged by the Conclusion of the Treaty of Ʋnion betwixt Scotland and England, nor any Article, Clause or Condition thereof, but that the said Heretable Of|fice, with all the Rights and Privileges thereof, may continue and remain to me, and my Successors, intire and unhurt by any Votes or Acts of Par|liament, or other Proceedings whatsoever relative to the said Ʋnion: And I crave this my Protestation may be Admitted and Recorded in the Registers and Rolls of Parliament.

And a Sixth Protest was given in by the Earl Marischal in these Terms, I William Earl Marischal, do hereby Protest, That whatever is contained in any Article of the Treaty of Ʋnion betwixt Scotland and England, shall no manner of way derogate from, or be prejudicial to me, or my Successors, in our Heretable Office of Great Marischal of Scotland in all time coming, or in the full and free Enjoyment and Exercise of the baill Rights, Dignities, Titles, Honours, Powers and Privileges thereto belonging, which my Ancestors and I have Possessed and Exercised as Rights of Property these Seven Hundred Years. And I do further Protest, That the Parliament of Scotland, and Constitution thereof, may remain and continue as formerly: And I desire this my Protestati|on to be Insert in the Minutes, and Recorded in the Books of Parlia|ment, and thereupon takes Instruments.

Which Protestations being read, the several Protesters took In|struments upon their respective Protests.

And it was agreed, That the Members Votes be marked, and that a List of their Names, as they shall Vote, be Printed and Re|corded,

and that, at calling the Rolls, the Adherers to the above respective Protests be marked; As also, the Lord Chancellor was allowed to have his Name Marked, Printed and Recorded as an Approver.

Then the Vote was put, Approve the first Paragraph of the Twenty Second Article of Ʋnion, or Not; and it carried, Approve. And the Earl of Caithness, the Viscount of Stormount, the Lords Oliphant, Balmerino, Bargany and Kinnaird, John Brisbane younger of Bishop|toun, Sir Humphrey Colquhoun of Luss, Sir Patrick Murray of Anchter|tyre, John Murray of Strowan, James Ogilvie younger of Boyne, Ale|xander Macky of Palgown, James Sinclair of Stempster, Alexander Robertson, Alexander Duff, Francis Molison, Robert Scot, Archibald Sheils, Mr. John Lyon, Mr. John Carruthers, George Home, John Bayne, and Mr. Robert Frazer, Adhered to the Duke of Atholes Protest; and Andrew Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, Sir Hugh Cathcart of Carletoun, the said John Brisbane younger of Bishoptoun, Mr. William Cochran of Kilmaronock, Sir Humphrey Col|quhoun of Luss, Robert Rollo of Powhouse, Mr. James Carnagie of Phin|haven, David Graham of Fintrie, and the said James Sinclair of Stempster, Adhered to George Lockhart of Carnwaths Protest; and the Earls of Crawfurd and Galloway Adhered to the Earl of Buchans Protest.

Then the second Paragraph of the said Twenty Second Article, anent the calling of the Representatives from Scotland to the Parliament of Great Britain, beginning thus, And that when Her Majesty, &c. and ending, That the Names of the Persons so Summoned and Elected, shall be returned by the Privy Council of Scotland, into the Court from whence the said Writ did issue, was again read; And after some Rea|soning, an Explanation was offered to be added after these Words, According to the Agreement in this Treaty, viz. In such manner as by a subsequent Act of this present Session of the Parliament of Scotland shall be settled; Which Act is hereby declared to be as valid, as if it were a part of, and ingrossed in this Treaty. And after further Rea|soning, it was moved, That the Way and Manner of Choosing the Representatives for Scotland to the Parliament of Great Britain, be determined, and that a Clause to that purpose be ingrossed in this Article. And after Debate, the Vote was stated, Approve of the second Paragraph of the said Twenty Second Article as above explained, Yea, or Not.

Whereupon it being moved to delay the said Vote till next Sede|runt of Parliament, a previous Vote was stated, Proceed, or Delay; and it carried Proceed.

Then it was put to the Vote, Approve of the second Paragraph of the Twenty Second Article of Ʋnion with the above Explanation above insert, or Not.

And the Clause with the Explanation being thereupon again read, before Voting, the Earl of Abercorn gave in the following Protest, viz.

"I Protest against the settling the Representatives of Scotland for the Parliament of Great Britain after a distinct manner, from what might be appointed by the Vote approving of the Two and

Twentieth Article: Because I do not see clear into what may be the Consequence thereof,

and thereupon he took Instruments.

Then the Vote was put Approve, or Not; and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LIII.

The Affair of the Number of the Representative, whether of the Nobility or Commons, was the Contents of the first Pa|ragraph now debated; How, and with what Difficulty, this part of the Equality was settled in England, has been noted al|ready, and the Reasonableness of the Proportion duly stated there.

It was indeed urged again here, and several ways disput|ed, but the Disputes here seemed to look another way; And first it was vigorously opposed, That Scotland should come to any Representative at all; That her whole Parliament should sit in Conjunction with the English Parliament, and long Speeches were made on that Head; Some alledging, That it was Dishonourable to Scotland to lessen the Number of her Representative, while England retained her intire Parlia|ment; Others again attempted to argue against the very Uniting of the Parliament at all, tho' that was foreclosed by the first Vote pass'd on the Third Article—. 3. Others yet went into the Merit of the Cause, and to Examine the just Propor|tion of the Representative, and these objected very vigorously, that the Numbers were not equal—; The Opinions were variously divided, as to the Foundation of a true Equality, upon what Principle an Equality of Proportions could be raised—; Some stating the Numbers of People to be the Test of the Repre|sentative; others the Proportion of Taxes, some an Estimate from both; others alledged, there could be no just Rule laid down, how an equal Proportion of Representatives could be made, to ballance a Kingdom that is not IT SELF equally represented, and that before England had required Scotland to reduce their Re|presentative to a just Proportion to her, she ought to have reduced her own Representative to a just Proportion to her self, either in Number of People, or Payment of Taxes, neither of which, as they alledged, were at all regarded in the English Representa|tive; That it was the Complaint in England, and several had wrote very warmly upon that Subject, that their Taxes were not equally Levyed, or their People equally Represented; and it was unreasonable to talk of proportioning Scotland to a Country, whose Representative was not in its self equal.

There were several Answers given to this, the present Cir|cumstances of both Nations in general seemed to be the tru|est Foundation of a Proportion, wherein, tho' the particular Towns in England might not be justly proportioned, yet the general might be equal, and thus, without enquiring, whe|ther

the parts of the Representative were equally chosen in England, it might be a just Proportion, in having the whole brought to a State; And if the Number for Scotland bare the same Proportion to the Number for England, as the Num|bers of People, and Wealth or Payment of Taxes, joyntly considered, of the one part bare to the same Articles in the other, the Equality was then preserved—.

It was remembred, That this had been fully debated in England, and that the Number was brought up to the high|est Proportion that England could possibly grant—; Mr. Seton, in his Speech printed in the Minutes herewith, Folio 79th, declared, it was above what Scotland ought to ex|pect, and that it was a full Proportion. Upon the whole, this first Clause was put to the Vote, and passed by it self.

The Scruples on the second Paragraph, as principally re|lating to the Manner of Issuing out the Writs for Electing the Members, when they should be Chosen for the Parliament of Britain, I take no notice of here, referring that to the Time, when a separate Act came to be debated in the House for the said Election. Of which in its place:

MINUTE LIV.

Wednesday 8. January 1707.

Prayers said,

Rolls Called,

Whereupon it being moved, That the four Protests given in the former Sederunt by the Duke of Athole, the Earl of Buchan, George Lockhart of Carnwath, and Walter Stuart, ought not to be insert in the Minutes, nor to be Printed: After some Reasoning thereon, The Earl of Marchmont gave in a Protestation against the said four Protests, and took Instruments thereupon. And the Lord Chan|cellor, the Marquess of Montrose President of the Privy Council, the Duke of Argyll, the Marquess of Tweeddalc, the Marquess of Lothian, the Earl of Mar Lord Secretary, the Earl of Loudoun Lord Secretary, the Earls of Sutherland, Rothes, Mortoun, Roxburgh, Dalhoussie, Findlater, Leven, Balcarras, Forfar, Kintore, Hyndford, Glasgow Treasurer Deput, Delorain and Ilay; The Lords Forbes, Elphing|stoun, Ross, Torphichen, Fraser, Banff, Rollo, the Lord Register, the Lord Justice Clerk; Sir John Swinton of that Ilk, Sir Alexander Camp|bell of Cesnock, Sir William Ker of Greenhead, Archibald Douglass of Cavers, Mr. John Murray of Bowhill, Mr. John Pringle of Hain|ing, William Morison of Prestoungrange, George Baillie of Jerviswood, William Douglass of Dornock, Mr. Francis Montgomery of Giffen, Mungo Grahame of Gorthie, William Seton younger of Pitmedden,

Alexander Grant younger of that Ilk, Mr. John Campbell of Mammore, Sir James Campbell of Auchinbreck, James Campbell younger of Ard|kinglass, James Halyburton of Pitcur, Alexander Abercrombie of Glas|soch, Alexander Douglass of Eaglishaw; Sir Patrick Johnstoun, Lieu|tenant Colonel John Areskine, John Mure, James Spitle, Sir Andrew Home, Mr. William Carmichael, Sir Alexander Ogilvie, Mr. John Clark, Mr. Patrick Ogilvie, George Allardyce, Mr. James Bethun, Daniel Campbell, Mr. Robert Douglass, Mr. Alexander Maitland, and Mr. Charles Campbell adhered thereto: And after long Reasoning there|upon, the further Debate was adjourned till next Sederunt of Par|liament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LIV.

This affair of the four Protests being renewed the next Sederunt, I need make no Observations upon them; the Earl of Marchmount made a Counter Protest as per the Minut—; But all this did not obstruct the passing the Article, nor any other of the Proceedings. As to the Subject of the four Pro|tests, they shall come in in their Course.

MINUTE LV.

Thursday 9. January 1707.

Prayers Said,

Rolls Called,

Then the Debate mentioned in the Minutes of the said last Sede|runt was resumed, in relation to the four Protestations given in the seventh instant by the Duke of Athole, the Earl of Buchan, George Lockhart of Carnwath, and Walter Stuart, and in relation to ano|ther Protestation against the same, given in the last Sederunt by the Earl of Marchmount.

And after Reasoning, the Lord Balmerino gave in a Protest against that given in the former Sederunt by the Earl of Marchmount, and took Instruments thereupon; And the Duke of Hamilton, the Duke of Ashole, the Earls of Errol, Marischal, Buchan, Eglington, Wigton, Galloway and Selkirk, the Viscounts of Stormount and Kilsyth, the Lords Semple, Oliphant, Blantyre, Bargany and Kinnaird, George Lockhart of Carnwath, Andrew Fletcher of Saltoun, Mr. William Cochran of Kilmaronock, Sir Humphray Colquhoun of Luss, Robert Rollo of Powhouse, John Murray of Strowan, Mr. James Carnagie of Phinhaven, David Grahame younger of Fintrie, Alexander Mackye of Palgown, Alexander Edgar, Alexander Duff, Francis Molison, Archibald Shiels,

Mr. John Lyon, Mr. John Carruthers, George Home and Mr. Robert Frazer adhered thereto.

And after some further Debate, it was agreed, that none of the above Protests be insert at length in the Minutes, or printed, but that they be all Recorded and insert in the Records of Parlia|ment.

Then the third Paragraph of the twenty second Article of Union, beginning thus; And if Her Majesty on or before the first day of May next, &c. and ending with these Words: And that Parliaments may continue for such time only as the present Parliament of England might have continued if the Ʋnion of the two Kingdoms had not been made, unless sooner dissolved by Her Majesty, was read.

And after reasoning thereon, it was moved to add the following Clause thereto, viz. And that the said Parliament of Great Britain shall meet and sit once in three years, at least, in that part of Great-Britain now called Scotland.

And after further Debate, there were two States of a Vote offered, the first in these Terms; Approve the third Paragraph of the twenty second Article, or not: And the second in these Terms, Add the above Clause, or not; And after Reasoning which should be the state of the Vote, it was put to the Vote, First, or Second.

And it was agreed, That the Members Votes shall be marked; and that the List of their Names as they Vote be Printed and Re|corded, and the Lord Chancellor was allowed to have his Name Printed and Recorded as a Voter for the first State, and if that shall carry, as Voting among the Approvers.

Then the Vote was put, First, or Second, and it carried First: Thereafter the Vote was put, Approve the third Paragraph of the twenty second Article, or not; and it carried Approve.

Then the rest of the twenty second Article of Union was read, and after some Reasoning and reading of the Oaths to which it re|lates: An Overture was given in for an additional Clause for ex|plaining the Word Limitation mentioned in the Oath appointed to be taken by Statute 13. W. 3. Cap. 6.

And another Overture was given in, for exeeming persons in any Office or Imployments in Scotland, from taking the Oath of Abju|ration mentioned in the said Article.

And a third Overture for a Clause, That so long as the Act appoint|ing a Sacramental Test shall continue in force in England, all persons in publick Trust within the Limits of Scotland, shall swear and sign a For|mula thereto subjoyned, in manner and under the penalties therein mentioned.

And after reading the said three Overtures, and Reasoning there|on, a Vote was stated; Approve of the twenty second Article of Ʋnion as explained, or not.

But before Voting it was agreed, That notwithstanding of the said Vote, and that the Article shall be thereby approven, it shall nevertheless be intire and free thereafter to proceed on the saids

Overtures next Sederunt of Parliament, and to the Parliament to give their Sentiments thereon.

And it being thereupon moved to delay the Vote for approving the Article till next Sederunt.

A previous Vote was stated; Proceed, or Delay; and it carried Proceed.

Then the Vote was stated, Approve, or not.

But before Voting it was agreed, That the Members Votes be marked, and that the List of their Names as they Vote be Printed and Recorded, and the Lord Chancellor was allowed to have his Name Printed and Recorded as an Approver.

Thereafter the Vote was put, Approve the twenty second Article as explained, or not; and it carried Approve.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LV.

The Debate about the Protestations of the Four Gentle|men above-mentioned, ended now, after some Heat, in Or|dering the Protestations to be Recorded and Enrolled in the Registers of Parliament, which satisfied all Parties.

It was very much enquired after, Why these Protestations should not be made publick, since the Gentlemen that made them, did not concern themselves to Conceal them; Some alledged, The Parliament behoved to enter into a Confutati|on of the Matter of the Protests, if they made them publick, and either to Approve or Censure them: Others thought, The publishing them might do Harm among the people; and that since the Parliament were now just at the End of the Work, it was better to keep them all Easie, than start any new Dispute. So the Protests were not published, but En|tered in the Rolls or Registers Office of the Kingdom of Scot|land—, from whence the true Copies of them are taken, and added in the Appendix to this Work N^o. L. M. N. O.

Then they went upon the Debate of Triennial Parlia|ments, included in the Third Paragraph of the Twenty Se|cond Article—, and some were very Urgent for a new Clause, as in the Minute—; But when the Gentlemen were put in mind, That by the very Words of the Paragraph, it was expresly provided, That the First Parliament of Great-Britain could sit no longer than the next ensuing Session, being the Termination of the English Parliament then in Beeing, and that by the Act then in Force in England, called The Triennial Act, every Parliament was to Terminate in Three Years; The Thing appeared already settled, and so admitted no further Debate, that Law being among others, continued by the Twenty Fifth Article; Of which in its or|der.

It was very strange, that notwithstanding the Debates of this Day, and the express Provision of the Treaty many People flattered themselves with the Notion of the Parliaments con|tinuing to sit, nor could it be beaten out of their Thoughts in England as well as in Scotland, till they saw the very Prepa|rations making for a new Election.

The Proposal for Explaining the several Oaths to be taken by the Members of the British Parliament, was Opposed, not that there could be any concealed Oath, that was not known to the Members—; And the particular Oaths of Allegiance, the Declaration, and Abjuration were laid before the House—, but the Gentlemen who thought fit to Op|pose it, did it on this Foot, That they thought the Articles so expresly directed to the particular Acts in which the said Oaths were contain'd, and in which no other Oaths were ex|pressed, that the Acts being named at large, and referred to, And the Custom and Usage of Parliament known, and pub|lick, there could be no possible Fraud, Mistake, or Miscon|struction, but that it was this way as expresly and directly pointed out, as if it had been Repeated in the Articles, Word for Word.

The Exception about the Limitation, mentioned in the 13. William III. Cap. 6. referring to the Qualification of the Successors to the Crown, also will come to be spoken to again in its place.

The Overture about the Qualification of Persons to Of|fices of Trust, has been spoken to more than once already, and needs no further Observation at this Time.

MINUTE LVI.

Friday 10. January 1707.

Prayers said,

Rolls Called,

Address of Citizens, Burgesses, Trades, and other Inhabitants within the Town of Perth, Subscribers of the same, against an Uni|on with England in the Terms of the Articles, given in and read.

Then the Overture for Exeeming Persons in any Office or Imploy|ment in Scotland, from taking the Oath of Abjuration mentioned in the Twenty Second Article of Union, was again read; And, after some Reasoning thereon, the Overture was past from.

Thereafter, the Overture for Additional Clause to the said Twen|ty Second Article, for Explaining the Word Limitation mentioned in the Oath appointed to be taken by Stat. 13. W. 3. Cap: 6. was again read in these Terms, Like as it is Declared, That, by the Word Limitation in the Oath mentioned in the above Article, is only under|stood

Entail of the Succession, and not the Conditions of Government up|on the Successor; And that all Persons of Scotland, who may be lyable to take the said Oath, Swear it in that Sense only.

And, after Reasoning thereon, the Vote was put, Add the said Clause, or not, And it carried, Not.

Then, the third Overture for a Clause to be added to the said Twenty Second Article mentioned in the Minutes of the last Sede|runt, was again read in these Terms, And further, it is Agreed, That, so long as that part of the 2d. Act, Anno 25. Ch. 2d. Appointing a Sacramental Test shall stand, and continue in Force in England, all Persons in Publick Trust, Civil or Military, within the Limits of Scot|land, shall Swear and Sign the Formula under-written, within six Months after the Commencement of the Ʋnion: And all who shall be Admitted to any Publick Trust thereafter, shall, before Exercising their said Office of Trust, Swear and Subscribe the same, to be Administred by the Lords of Privy Council, or any one of them, under the like Penalties and Disabilities, as are provided by the foresaid Act made in the Par|liament of England.

Follows the Formula, I A. B. Do sincerely and solemnly Declare, in the presence of GOD, That I owne the Presbyterian Government of the Church, as by Law Established in Scotland, to be a lawful Govern|ment of the Church; And that I shall never, directly nor indirectly, en|deavour the Subversion thereof, nor any Alteration in the Worship, Dis|cipline, or Government of the said Church, as by Law Established. So help me GOD.

And, after Reasoning thereon, a Vote was stated, Add the Clause, or Not: But, before Voting, it was agreed, That the Members Votes shall be marked, and that a List of their Names, as they Vote, be Printed and Recorded.

Then the Vote was put, Add the Clause, or Not, and carried, Not.

Thereafter, the Twenty Third Article of Union was read: And, after Reasoning thereon, the further Debate was Adjourned till the next Sederunt of Parliament, to be then proceeded upon previous to all other Business, except a Proclamation to be then brought in, for prorogating the Dyet for the choosing of Collectors and Clerks of the Supply in the several Shires of this Kingdom, and continuing the last Collectors and Clerks for the Term of Candlesmass next.

The Committee appointed to meet to Morrow at Ten of the Clock in the usual place.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION LVI.

This whole Day was taken up in debating the Subject of the Word Limitation, mentioned in that Famous Act of 13th W. 3. in England—; Some had alledged, That, by that Act, if any Person took upon him the Crown of England, un|qualified by any of the Articles therein-named, the Allegiance

Sworn was not due, and that the Subject would be thereby obliged, by his Oath, to oppose such Successor; Others had declared the Limitations to mean nothing but an Entail of the Succession by Parliament, without any Conditions of Go|vernment; and upon these seeming Uncertainties, the Per|sons that moved this Clause demanded an Explanation; but it was, upon the whole, not thought proper to undertake any Explanation of an Act, which, as it stood, seemed suffi|cient to settle the Protestant Succession, and could not hurt the present Scheme, since, so far as it might oppose any Branch of the Union, it was provided against in the Twenty Fifth Article; And to put any Construction upon it, which might be inconsistent with the English Affairs, would be but to lay a Stumbling Block in the way of the Union, and there|fore this Project was also rejected.

The Affair of the Sacramental Test had been mentioned before, but never so plainly moved in Parliament as now; It had been moved in the Commission of the Assembly, and great Endeavours had been used, to bring the Ministers in, as Ob|jectors, and a Formula like this had been proposed there, as is noted already, but it failed on their side; The Ministers were, in the first place, not willing to meddle with Things of that Nature; And, secondly, As to the Formula, many of the Ministers gave their Opinion, That they did not ap|prove of Imposing any Oath, or Acknowledgment of the Church, as a Test of Civil Imployment; And, to have an Oath of Acknowledgment to the Church of Scotland be a Counter Test, was a Tacit Approbation of the Method practi|sed in England, which they detested.

Others again were of the Opinion, That the Subjects of Scotland were already, by the Union, Exempted from the Sacramental Test in England by two several Clauses—; 1. In that the Subjects of both Kingdoms were, by the Fourth Article of the Union, to enjoy equal Privileges and Encou|ragements—; And, 2. That, by the Adam for the Security of the Church Government, no Oath was to be Imposed upon the Members of the Church of Scotland, con|trary to their Principles—; In arguing the first of these, it was alledged, That, if a Subject of Scotland taking the Sa|crament in the National Establish'd Church of Scotland, shall not be capable of any Place of Preferment under the Government of Bri|tain, as well as a Subject of England taking the Sacrament in the National Establish'd Church of England; Then, do not the Sub|jects of either Kingdom enjoy Equal Privileges—; And last|ly it was argued, That, by the last Article of the Treaty, the Sacramental Test might be understood to be actually Repeal|ed, as Contraveening the Equalities of the Treaty.

Upon these Debates it was thought, That, to meddle with this Matter, might do much more Harm than Good; And

therefore, it was first let fall without Doors, and now reject|ed within, and the Article pass'd without it.

MINUTE LVII.

Monday 13. January 1707.

Prayers said,

Rolls Called,

Then the Twenty Third Article of Union was again read, and after some Reasoning, an Overture was given in for adding a Clause thereto in these Terms, With this express Provision, That none of the Peers of Scotland shall have personal Protection within Scotland for any Debt owing before the Commencement of the Ʋnion.

As also another Overture was given in for adding a Clause there|to in these Terms, That all the Peers of that part of Great Britain, now called Scotland, Qualified according to Law, shall, after the Ʋni|on, have Right to Sit Covered in the House of Peers of Great Britain, notwithstanding that the Right to give Vote therein belongs only to the said Sixteen Peers, who are to be Summoned in the manner appoint|ed by the preceeding Article.

And after Reasoning upon the said two Overtures, and upon two separate Motions, the First in relation to allowing all the Peers of Scotland to sit upon the Tryal of the Peers of Britain; And the other in relation to their Precedency according to their Patents: The Vote was stated in these Terms, Approve the Twenty Third Article of Ʋni|on, or alter, reserving intire the Consideration of the above two Overtures, and whether the same shall be added to the Article, and it carried, Ap|prove.

Then the first Overture for the Clause, in relation to personal Pro|tection, was again read; and after Debate, it was put to the Vote, Add the Cause, or Not: And it carried, Not.

Thereafter, the second Overture, or a Clause, in relation to all the Peers of Scotland, their sitting Covered in the House of Peers of Great Britain, was again read, and after Reasoning, the Vote was put, Add the Clause, or Not.

But before Voting, it was agreed, That the Members Votes shall be marked, and that the List of their Names, as they shall Vote, be Printed and Recorded.

Then it was put to the Vote, Add the Clause, or Not, and it car|ried, Not.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LVII.

The Debates of this Day related wholly to the Privileges of the Peers, and particularly to the differing Privileges

of those who were to sit in the Parliament of Great Britain, from those who were not, i. e. for the time they were to sit; Some would have had it, That those that did not sit, should have no manner of Privilege, any more than as a Common|er, till such time as they should come to sit by Election in the House of Lords, and then those that were formerly sitting Peers, or Parliament Lords, became divested of all their Pri|vileges, unless they were of the New Election—; Some thought, the Gentlemen, who were of this Opinion, moved it chiefly, to bring the Peers into a Distaste of the Union, (all other Hopes being now almost over, as to the Union on the Side of Scotland)—; And that the Nobility being thereby, as it were, degraded of their Characters, would think it too great a Hardship, and so fly off from the Treaty in general, or fly to some Extreme on the other Hand, make+ing some Demand which the Peers of England would not submit to.

Others, it was thought, had this further View in the Pro|posal, for Levelling the Scots Nobility that were not sitting Peers with the Commons, That they designed to propose the unsitting Lords to be capable of being Elected into the House of Commons, and sitting in the Lower House.

This was received with some Resentment, as a great Dishonour to the Peerage of Scotland, by some people, and especially without Doors; The English were Upbraided with endeavouring to have it so—, in order to lessen the Cha|racter of the Nobility of Scotland. But in this they wrong'd their own Judgment, as well as the English Nation, since, had such a Thing been offered, it had been rejected in England, as Unequal and Injurious to the Equality we have been so often speaking of, as the Ground of the whole Treaty—. Nor could it have been Consented to in England, since it had been a bringing the Scots Nobility into too great an Influ|ence of Parliamentary Affairs, when Sixteen being already judged sufficient; there might be now Sixty One Scots Lords in every Parliament, viz. Sixteen in the House of Lords, and Fourty Five in the Commons; Which, when any Thing re|lating, especially to the Nobility, or to the Privileges of one House against the other, might turn the Ballance to this or that side, to the manifest Injury of the Constitution, which now consists in the Equality of Powers and Privileges, and the due Limits set between each kind, to prevent their In|croachment upon one another.

But the Wisdom and Modesty of the Nobility of Scotland, prevented this—; and the Article had been so well con|sidered at London, and was so warily Worded, that there was Room for little or no Exception on behalf of the Peers: For 1. As to Privileges, the Sixteen Peers, or the Peers of Parliament for the Time being, had effectually all the Privi|leges

of the Peers of England in the utmost Extent, and all the Privileges they ever after could receive, could not be received but in Common with the said Sixteen; Nor could any Ex|ception be made to it, Whether in the Cases of Parliamen|tary Privileges, or the personal Privileges in case of Trying of Peers, or being Tryed as Criminals.

2. The remainder of the Nobility enjoyed Privileges, every way equal to the English Nobility, excepting only, as it is in the Article, the Rights of sitting in the House of Lords, and the Privileges depending thereupon.

But the great Debates of this Day began upon this Clause, The Rights and Privileges of the Scots Nobility who were not Lords of Parliament for the Time being.

And First it was moved to be excepted, That the said Lords should not enjoy the Privilege of personal Protection in Cases of Debt, as is the Privilege of the Peers of England—; Some alledged they pleaded for the Honour of the Scots Nobility in this Head, that it was below their Dignity to be protected by their Titles against their just Obligations, and a Meanness they had all along Contemned, to plead the Privilege of their House against the proceedings of the Law; That it was not agreeable to the true Intent and Meaning of Parliamentary Privileges, that this Privilege should extend to those that did not sit in Parliament, since the Privileges of Parliament of this kind, were at first appointed to provide against any Im|pediment to sitting in Parliament, that the Members of either Houses should on no pretence what ever, be hindred from the Service of their Countrey in Parliament—; And this could not be of any Signification in those Peers that were not sitting Members of the House of Lords; That for the Scots Peers to claim Protection for their Persons against their just Debts, was more than levelling their Persons with the Com|mons, for it was setting them below the Commons, since no Man would then Trust the Nobility in Matters of Debt, with|out some Commoner being Security for them, against whom they might have remedy at Law.

These Objections had no little Weight, and this Privi|lege of the Persons of the Peers in Cases of Debt, seemed at first View, very grievous to Scotland, and some of the Peers themselves looked upon it as Dishonourable.

But when it was calmly Considered and Answered, That the Persons of the Peers in England, are accounted Sacred on several Accounts, besides those of Debt—, that even the Government can not proceed against a Peer, but in an Ex|traordinary way, that no Warrant can be Executed in the House of a Peer, but by Three Justices of the Peace—; And that there are several necessary Exemptions to the Peerage which this Privilege preserves, besides that of Debt—; And which, as they are the Hereditary Counsellors of the

Nation, and have frequently Great Trusts committed to, them—; And both are, and ought to be a great and ready Assistance to the publik Good, upon sudden Emergencies, which, upon pretence of Arrests and Attachments for Debt, may be prevented. That as to the Justice of Personal Pro|tection in case of Debt, it was Answered, Their Estates were not protected in several Cases, only their Persons—; And it was as Reasonable to pursue the Estate, as the Person of the Debitor—, and especially in Scotland, where the Law reaches the Effects of the Debitor, tho' on personal Bonds—. That as to the Credit and Honour of being protected against just Debts, it would be much more for the Honour of the Scots Nobility, that they gave all Men Notice, That they despised the Advantage of their personal Credit, and since they could not Sue a Nobleman, they might Decline Trusting them, and welcome: And for those that were Trusted, tho' they could not be Sued, it was yet greater Reputation to them, that the principle of Honour in them was so well known, that Men would depend upon their Honour, where they could not otherwise oblige them to make payment.

Upon these, and the like Considerations, this Motion was Rejected, and the Scots Nobility by virtue of that Clause in the Twenty Third Article, And shall enjoy all other privileges of Peers, as fully as the Peers of England now do, or as they, or any other Peers of Great-Britain may hereafter enjoy the same; are protected in their Persons and Estates as the Peers of England are—, whether they (the Scots Peers) are Peers of Parliament at that Time, or no.

The next Dispute was, a Privilege demanded for the Peers of Scotland, that they, not being of the Parliament at that Time, might sit in the House of Lords Cover'd, &c. but not have any Right to Vote—; This was Urged many ways, either that they might have a Gallery to sit in as Spectators, or that they might stand behind the Throne, as the eldest Sons of the English Peers may—; And either of these, was thought, might have been obtained—. But the main Design of bringing them in to be present at Debates, to Argue, Speak and Debate upon the several Matters that should be brought before the House, this was Opposed upon several Accounts; First, As it was thought Impracticable, and an Invasion of the House of Peers as a House, and what could not be obtained, if pusht at. Secondly, As it was thought an Insignificant Thing, to have persons to sit and argue, who had no power to De|termine. And Thirdly, As it would be far from any Honour to the Nobility of Scotland, to be admitted into Debates, where they must always have the Mortification of being distinguished, and like meer Solicitors, whose place is with|out the Bar, be allowed to Talk, and yet have no signification in a Question—; But if the House divided, be obliged to

stand all together like Mutes in an Alphabet, who have no sound in the Expression of a Syllable.

And thus ended the Debates of this great point, the Pri|vilege of the Peerage, and the Article received no manner of Alteration.

MINUTE LVIII.

Tuesday 14. January 1707.

Prayers Said,

Rolls Called,

Then the Twenty Fourth Article of Union was Read, where|upon a Memorial was given in for the Lyon King at Arms, in relati|on to his Precedency, which being Read, after Reasoning, It was moved, That the Rank and Precedency of the Lyon King of Arms be left to Her Majesty, and that next to these Words in the said Ar|ticle, viz. And that the Quartering the Arms, these other Words, viz. And the Rank and Precedency of Lyon King of Arms of the King|dom of Scotland, be added.

And it being also moved, That his Rank should be insert in the said Article, to be immediately next after, Garter principal King of Arms in England, after Debate it was put to the Vote, add the above Words, That the Rank and Precedency be left to Her Majesty, or insert the Rank and Precedency, and it carried add the Words.

Which being accordingly added, there was another Clause of|fered to be added to the said Twenty Fourth Article, in these Terms, And the Crown, Scepter and Sword of State, Records of Parlia|ment, and all other Records, Rolls, and Registers whatsomever both publick and private, general and particular, and Warrants thereof, con|tinue to be keeped as they are, in that part of the Ʋnited Kingdom now called Scotland, and that they shall so remain in all time coming, not|withstanding of the Ʋnion, which being Read, the same was agreed to be added, and was accordingly subjoyned, and the Article as amended read over.

Then the Vote was put, Approve of the Twenty Fourth Article of Union as amended, or not, and it carried Approve.

Thereafter the Twenty Fifth Article of Union was Read, and after Reasoning thereon, the Vote was put, Approve of the Twenty Fifth Article or not, and it carried Approve.

Moved that a Dyet be appointed for considering the manner of Electing the Representatives for Scotland to the Parliament of Great-Britain, and agreed that the Motion be intire next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LVIII.

The Debate of the Rank and Precedency of the Heraulds, and of the Quartering of Arms, the Standards and Colours was a Thing of no great Consequence, nor could it be re|ferred to any Body better than to Her Majesty; and therefore the Dispute of this was not long.

The keeping the Honours, as they called them, in Scot|land, viz. The Crown, Scepter and Sword, was indeed a Material Point, at least, as it had been made so by some Gentlemen, who had pretended to excite the Common People with Apprehensions, That they were to be all carryed away to England, as Tokens of Surrendering the Sovereignty of Scotland to the English—; But, as no such Thing was ever thought of in England, the Proposal met with no Op|position; And some people thought, That not only the Ensigns of Royalty, but the Royalty it self, Sovereignty and Govern|ment of Scotland, remain as intire, as the same Things respect|ing England remain intire, either Kingdom voluntarly con|senting to an Union of Power, an Union of Government, and of all Things needful to preserve both.

The last Article, respecting the Abrogation of all Laws, which might be supposed to Contraveen the Treaty, met with no Opposition at all.

And thus this Weighty Affair was Finished on the Side of Scotland, contrary, I believe I may say, to the Expectation of all the World, who were amazed to see a Thing of that Consequence, and with Difficulties which seemed in themselves insuperable, so successfully brought to a Close; A Thing which had been so many Times attempted in vain; A Thing which had so often been set about, rather in a Show than Design of Ʋniting; And I think I may say, a Thing that never was heartily set about on both Sides before.

It had held the Parliament of Scotland a Long, a Troublesome, a Dangerous, and I must owne a very Ʋncomfortable Debate, Step by Step, and Article by Article, from the Third of October to the Fourteenth of January, with very little Intermission, for never was Business closer applyed, more strenuously push'd, or more vigorously opposed.

The Work that remained (I mean to the Parliament) was but short, and I shall do little more than relate the Fact, which will be found in the Minutes of Parliament—; And I shall set them down in their Order, omitting what relates to private Busi|ness, as not material here—; Since I can very ill spare Room for any thing, but what relates immediately to the Business, and agrees with the Title—

MINUTE LIX.

Wednesday 15. January 1707.

Prayers said,

Rolls Called,

Draught of an Act Ratifying and Approving the Treaty of Uni|on of the two Kingdoms of Scotland and England, given in and offered to be Read.

Whereupon it was moved, That the Parliament should first pro|ceed to the Constitution of the manner of Electing the Representa|tives for Scotland to the Parliament of Great Britain, and either now to determine that Matter, or to appoint a Dyet for that End.

And after Debate the Vote was stated, Proceed to the Ratification of the Treaty of Ʋnion, and Act for Security of the Protestant Religion and Presbyterian Church Government, or to the Constitution of the man|ner of Electing the Representatives for Scotland to the Parliament of Great Britain.

But before Voting, It was agreed, That, in case it shall carry to proceed to the Ratification, the Parliament will immediately, after passing the Act of Ratification, proceed to the Constitution of the manner of Electing the Representatives for Scotland.

Then the Vote was put, proceed to the Ratification or Consti|tution, and it carried Ratification.

Thereafter the Draught of the Act, Ratifying, Approving, and at length Narrating the Articles of Union as Enlarged, Explained and Amended, and the Act for Security of the Protestant Religion and Presbyterian Church Government, was Read.

And after some Discourse, it was put to the Vote, Mark a first Reading on the Act or not, and it carried, Mark a first Reading; and accordingly a first Reading was marked thereon.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LIX.

The Articles were now gone through, and finished as before—, yet there remained two Things to be done in or|der to Compleating the Affair, so far as referred to Scotland; One was to pass the Act of Security for the Presbyterian Church Government in Scotland, which was to be Ingrossed and Inserted in the Body of the Act of Union, & made a part of it—; And then, to pass in Parliament some subsequent Acts, which being previous to the Treaty, or depending upon it, ought to be Finished in Parliament before the Union, and would be of Course Confirmed by it, by virtue of the Eigh|teenth Article, Continuing and Confirming all Laws and Acts then in Force, except such only as came within the Reach of

the Twenty Fifth Article, viz. Such as were contrary to, and inconsistent with the Union.

These were, 1. An Act to Settle and Determine the Con|stitution of the Manner of Electing the Representatives for Scotland in the ensuing Parliament of Great Britain. 2. An Act for Plantation of Kirks, a Thing long wanted in Scotland, together with the Valuation of Teinds or Tithes, and about the Reversions of Kirk Lands. 3. For the Settling the pub|lick Debts, Disposing and Appointing the Equivalent, i. e. The Payment of it according to the true Intent of the Treaty, Adjusting the Affair of the African Company, &c. which was now under Reference to a Committee.

These Things were necessary Adjuncts to the Treaty—; But as the Act of Union it self was the Foundation, on which all these Things were depending, and that there was a great deal yet to be done to it, viz. To be Ingrossed and pass'd into an Act, and sent to London; The Interval of Time, after the main Affair should be dispatched, was thought the proper Season to Settle, Pass and Enact all these Things; wherefore they resolved to go first to Work with the Act, and that no Time might be lost, the Act had been drawing up, with all the Amendments to every Article, as they had pass'd in the House, and was ready to present to the House this Day—; And, as per the Minute, obtained a first Reading, all other Business being delayed—.

MINUTE LX.

Thursday 16. January 1707.

Prayers said,

Rolls Called,

Draught of the Act, Ratifying and Approving the Treaty of Ʋnion of the Two Kingdoms of Scotland and England, Read a second time.

Then the Act for Security of the Protestant Religion and Presbyteri|an Church Government, which is Insert in, and Ratifyed by the above Act, was touched with the Royal Scepter by Her Majesties High Commissioner in the usual manner.

Representation and Petition of the Commission of the General Assembly of the Church of Scotland given in and Read.

And after Reasoning upon the Act and Representation, the Vote was stated, Approve of the Act or Not.

And before Voting, It was agreed, That the Members Votes be Marked, and that the List of their Names, as they Vote be Printed and Recorded, and the Lord High Chancellor was allowed to have his Name Marked, Printed and Recorded as an Approver.

Likeas a Protest was given in for the Duke of Douglass, and read in these Terms.

"We Undersubscribers, Tutors, Testamentars to his Grace the Duke of Douglass, whereof Three is a Quorum, in Name and Behalf of the said Duke; Forasmuch as, his Grace the Duke of Douglass, and his Heirs, has, by their Investitures and Honours of the Estate of Douglass, (in Consideration of the Great and Faithful Services done and performed to this Crown and King|dom by his Ancestors) provided to them the Honour of L•…•…g the Van of the Arms of Scotland in the Day of Battel, the Carry|ing of the Crown of Scotland in Processions, and giving the first Vote in all Parliaments, Councils, or Conventions in Scotland; And sicklike, by the Twentieth Article of the Union, all Heritable Offices are reserved to the Owners, as Rights of Property, in the same manner as they are now enjoyned by the Laws of Scotland, notwithstanding of this Treaty; Whereby his Graces foresaid Offi|ces and Privileges, by Parity of Reason and Justice, ought to be preserved. Yet, seing the intire Union of the Two Kingdoms will be attended with an Union of their Arms, Crowns and Coun|cils, whereby his Graces Offices and Privileges may seem to be of more difficult Explication, his Graces Tutors and Guardians, in his Pupillarity, do now, before the Treaty be Ratified in this Parliament, judge it indispensibly their Duty, for his Graces In|terest, in his Name and theirs Undersubscribers, as Tutors to him with all Humility, to Protest, That rhe said Treaty may not, in any sort, prejudge the Honours and Privileges belonging to his Grace and Successors, which have been the Glorious Rewards and Ma••ks of Honour to the Illustrious Families of Douglass and Angus for their Loyalty, Great and Faithful Services to the Crown and Kingdom of Scotland•…•… 〈…〉〈…〉 Protest may be Receiv|ed and Marked in the 〈…〉〈…〉 Records of Parliament.

As also, Another 〈◊〉〈◊〉 was given in by the Duke of Hamilton in these Terms,

"Forasmuch as, there is a Protestation made in Be|half of the Duke of Douglass, in relation to his Pretensions of having the first Seat and Vote in Parliament: Which Protestati|on being altogether Groundless, Therefore, I James Duke of Ha|milton d•…•… Protest in the contrary, in regard, that none of the said Duke of Douglass his Predecessors has, or enjoyed any such Privi|lege, since there were Dukes or Marquisles Created in Scotland, and my Prodecessors were Dignified with Patents of Marquiss and Duke successively, long before he or his Predecessors had the same. Se|condly, William Earl of Angus, the said Duke his Predecessor, did, upon the Fourth Day of June One Thousand Six Hundred and Thirty Three Years, Resign all Right and Claim, that he, or his Predecessors, or Successors, had, or should have to that Privilege of first Sitting and Voting in Parliament, in His Majesties Hands: Which Resignation is Registrate in the Books of Parliament, the Twentieth Day of the said Moneth of June One Thousand Six Hundred and Thirty Three Years. Thirdly, I and my Predeces|sors have been in continual Possession of having the first Seat,

and of first Voting in Parliament, and have been first Called in the Rolls of Parliament past Memory of Man: And upon this Protestation I take Instruments, and desire the same to be Insert in the Records of Parliament.

And the several Protesters, or Ingivers, took Instruments upon their respective Protests.

Then the Vote was put, Approve of the Act, Ratifying and Ap|proving the Treaty of Ʋnion of the Two Kingdoms of Scotland and Eng|land, Yea or Not, and it carried, Approve.

And the Act was thereafter Touched with the Royal Scepter by Her Majesties High Commissioner in the usual manner.

The Committee appointed to meet to Morrow at Nine of the Clock.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION LX.

The Act for the Union admitted now no Debate, the Articles having been Voted and Approved One by One, as is seem at large; So there was nothing to do, but to put the Question upon, and to mark it a second Reading, ac|cording to the custom of the Parliament of Scotland.

The Church Act was to be inserted in the Body of the Act of Union, as a part of the Treaty, and yet it was to be passed into an Act by it self, and Touched by the Scepter in Form as an Act of Parliament, before the Act of Union was passed, AND IT WAS ACCORDINGLY DONE SO, As per the Minute; So that the Act for the Establishment of the Church of Scot|land, received a double Sanction in this Parliament; It was not Enacted singly by the Union, as an Effect of the Treaty, but was Established by a Law before the Union, and again Repeated in the Body of the Treaty of Union, as a Ratifica|tion only or Recognition of what before was an Established Law of the Kingdom.

Of the first Representation and Petition of the Commissi|on of the General Assembly. I have spoken already at large; There was some little Debate about it now, but it made no Alteration in the Act of the Church, but it past as it had been before settled.

However, that it may be seen what Addition was made to the first Overture, I have added both the Overture as first given in, and the Act as it was passed in Parliament, and what more was required, will be seen in the Representation of the Commission; All which are added in the Appendix.

It is to be observed here, That there was a second Re|presentation and Petition presented to the Parliament this Day from the Commission of the General Assembly, upon the following Occasion.

The Church of Scotland having been effectually secured by an Act of Parliament, called, The Act of Security, &c. and which was made a part of the Act of Union, as appears in its place; There was a Clause added in the End of the Act of Union, in these Words; Declaring nevertheless, that the Par|liament of England may provide for the Security of the Church of England, as they shall think Expedient, to take place within the Bounds of the said Kingdom of England, and not Derogating from the Security above provided for Establishing the Church of Scotland within the Bounds of this Kingdom, which shall not Suspend or Derogate from the Force and Effect of this present Ra|tification, but shall be understood as here included, without any necessity of any new Ratification in the Parliament of Scotland.

This was called, an Establishing the Church of England with the Hierarchy of Episcopacy and Ceremonies of the Church of England, by the Presbyterian Church of Scotland, I have for the more direct Understanding this Part, given the said Representation and Petition in the Appendix N^o. K x. with the Reasons at that Time given for it, to which I re|fer.

I could not suffer the two Protestations of the Families of Douglass and Hamilton, to be Omitted in the Minutes, tho' with respect to the length of this Work, I have Industriously shun'd private Affairs, but the Honour of Leading the Van of the Scots Armies, which these Families Contended for, might give both the Kingdoms a Remembrance of what the Union has delivered them from, since these Armies were only such as within the Bowels of this poor Island Fought with, and shewed their Courage, in Butchering and Destroying one ano|ther, a Thing, its hoped, is now effectually put to an End.

The Affair of War is now carried Abroad, against the an|cient professed Enemy of all Protestant Powers, where the English and Scots Valour need no more Contend, but Unite to|gether, to Overthrow their Foreign Adversaries—, a Contest, which if they had been United in, as they are now, in for|mer Ages, perhaps Europe had paid Honours enough to Us before now, as to the greatest Nation in the World.

This is the Famous Day to Scotland, in which She set Her Signal to the Union of Great-Britain; We shall now make a short Digres|sion, to Enquire how it went on in the Parliament of England, and what Reception it met with there, which, because it is but very short, I shall bring in here, and adjourning the Minutes a little, shall return to them again in their Course.

Of the Act of Ratification after it was past in the Parliament of Scotland, till the Exemplification of it was returned from the Parliament of England.

The Parliament of England being to be the Finishers of this great Work, and the Parliament of Scotland not Meeting till it was late enough in the year, viz. the second of October; The English Par|liament were by small Adjournments, put off, as long as it was possible the publick Affairs of England could permit, and longer than any Parliament since the Revolution had been delayed, not ha|ving Met till the Third of December—, when the publick Business admitting no more delay, they came together:

It is worth Observation, that this was a strange concurring Juncture, a Critical Moment, as it may be called, in which Provi|dence seemed to bring every Thing together, that could Propagate the Great Affair of the Uniting the Kingdoms; And which it may not be Improper to Notice in this place, because at the Opening of this Session of the English Parliament, the Queen Her self took No|tice of it.

The Campaign Abroad had Ended in the most Glorious manner for the Confederates, that could be desired, and above all manner of Expectation, the French had received three Blows that very Sum|mer, enough to Overthrow the greatest Empire in the World; One under the Conduct of the Earl of Peterburgh, with the English Forces and Fleet in the Mediterranean, Relieving the City of Barce|lona, and causing the French with the Loss of all their Cannon and Ammunition, to raise the Siege; One under the Command of the Duke of Marlborough, being the great Victory at Ramellies in Flan|ders; And the last under the Command of Prince Eugene of Sa|voy, at Turin. In all which Actions, it was Calculated, that the French lost, Slain in Action, Taken Prisoners, Deserted, and Dead of their Wounds, above 100000 Men, with 300 pieces of Cannon and Mortars, and other Spoil without, and indeed past all manner of Account.

There are two Reasons, why I take this Occasion to mention this here—, and both are Introductory to the present Affair.

• 1. The People of England by these great Successes, made Glad and Easie in Hopes of a speedy Peace, were prepared to Grant almost any thing which the Queen in Reason could Ask, and the Queen discovering a passionate Desire, to see Her two Jarring, long Contending Kingdoms United, the Parliament came together with a Temper disposed to yield (as far as Reason could suggest) more, than perhaps at any other Juncture could have been expected.
• ...

• 2. The Enemies of the Union, whether Abroad or at Home, received most sensible Discouragement in their Designs against it—, and first Abroad.

There could be but two kinds of Enemies Abroad, to the Union, and these were the French, or the Dutch.

As to the Dutch, they were now in so closs a Confederacy with England, and their whole Concern as to the War, was so involved together, that there was no Room for any publick Differences about it. Nor indeed could the Dutch have put in any rational Objection against it, to either Side, if the Interest of Holland Clasht with the Union upon any sort, it was only with respect to Trade; and tho' they might perhaps on that Score, have some Reason to be Jealous of it, as what might some Time or other Clash with them in the Fishing and Eastern Trades, yet they could have no pretence to concern themselves publickly and Nationally against it. And as for private Negotiations to Embarrass or prevent it, tho' as I have been Informed, they were once or twice considering of it, yet they never thought fit to meddle, whether it was that they saw no prospect of succeeding in it, or that they were not willing to do any thing at that Time, that should give an Uneasiness to Eng|land, or not, I shall not pretend to Determine.

2. The French, these had no doubt Stomach enough to it, and had Tools enough to work with; And I must own, had they but made the least Attempt, they had effectually broke up the Treaty for that Time; But GOD had tyed their Hands, and Cut them out other Work, they were beset and Embarrast on every Hand, and had no Leasure to look this way; Nor, if they had had Leasure, had they Men or Money then to spare, being Imployed with all their Power and Diligence, to Recruit their Troops, and Restore their own Affairs.

And I cannot but Record this, as a singular Hand of Heaven, in the Affair of the Union; For tho', when the next year the French did make an Attempt upon Scotland, when their Affairs being bet|tered after their Success in Spain, they thought themselves in a Condition for it—, they found it too late; And that the Op|posers of the Union were settled, and would not appear for them—, yet I must say, had they made that Attempt at the Time of this Treaty, whatever they might have done in the End, to|wards Opening the Eyes of the People, and Restoring them to their Senses, they had certainly put all the Nation into the utmost Con|fusion for the Time, and effectually have broken up the Treaty.

The Parliament of England was now Met December 3. 1707, & the Queen Opened the Session with the following Speech, which I Insert here, as it refers to the Treaty of Union, and also as it Hints at the Successes I mentioned above.

The QUEEN's Speech to the Parliament of England.

On Tuesday the Third of December, 1706.

My Lords and Gentlemen,

I Hope We are all Met together at this Time, with Hearts truly Thankful to Almighty GOD for the Glorious Successes, with which He has Blessed Our Arms and those of Our Allies through the whole Course of this Year, and with Serious and Steady Re|solutions to Prosecute the Advantages We have Gain'd, till We Reap the Desired Fruit of them, in an Honourable and Durable Peace.

The Goodness of GOD has brought this Happy Prospect so much nearer to Us, that if We be not wanting to Our selves, We may, upon good Grounds, Hope to See such a Ballance of Power Esta|blisht in Europe, that it shall no longer be at the Pleasure of one Prince to Disturb the Repose, and Endanger the Liberties of this Part of the World.

A Just Consideration of the present Posture of Affairs, of the Circumstances of Our Enemies, and the good Disposition of Our Allies, must needs Excite an Uncommon Zeal, and Animate Us to Exert Our Utmost Endeavours at this Critical Conjuncture.

Gentlemen of the House of Commons,

As I am fully Perswaded You are all of this Mind, so I must Ear|nestly Desire You to Grant Me Supplies sufficient for Carrying on the War next Year in so Effectual a Manner, that We may be able to Improve every where the Advantages of this Successful Campaign: And I Assure You I shall make it my Business to See All You Give Apply'd to those Ends with the greatest Care and Management.

My Lords and Gentlemen,

In Pursuance of the Powers Vested in Me by Act of Parlia|ment both in England and Scotland, I have appointed Commissio|ners to Treat of an Union between the Two Kingdoms, and tho' this be a Work of such a Nature, as could not but be at|tended with great Difficulties, yet such has been the Application of the Commissioners, that they have Concluded a Treaty, which is at this Time before the Parliament of Scotland; And I Hope the Mutual Advantages of an Entire Union of the Two Kingdoms will be found so apparent, that it will not be long before I shall have an Opportunity of Acquainting You with the Success which it has Met with there.

Your Meeting at this Time being Later than Usual, I cannot Conclude, without Earnestly Recommending to You to Give as

much Dispatch to the Publick Affairs, as the Nature of them will Admit, it being of the Greatest Consequence, that both Our Friends and Our Enemies shou'd be Fully Convinced of Your Firmness, and the Vigour of Your Proceedings.

I shall not meddle here with any of the Proceedings of the Par|liament of England in their own Affairs, they having no relation to the Case in Hand; Only make this short Remark, That, not|withstanding the Lateness of their coming together, the Occasion of which was known to be to attend the Debates of the Parliament of Scot|land, they fell so heartily about their Business, and went on so smoothly in every Thing, that they got the Land Tax Bill past ra|ther sooner in it than it used to be in any former Parliaments—; And before Christmass, had not only the Land Tax, but several other of their Publick Funds settled, and in an unusual Forward|ness—, which is a Confirmation of the Extraordinary Dispositi|on, which, as I have noted, appeared in England at this time, and of which we shall see further Instances presently.

It was the Sixteenth Day of January, that the Ratification of the Union pass'd in Scotland; On the Eighteenth the Duke of Queensberry dispatch'd it away by an Express; There were several Gentlemen who contended for the Honour of Carrying it up to the Queen, but, to avoid giving any Offence, it was sent by an ordinary Courrier or Express.

As soon as it came to the Queen, Her Majesty caused it to be laid before both Houses, that, tho' it was first to pass one House, and then the other, yet the particular Houses might be upon the several Articles together.

Great was the Expectation in both Kingdoms from these De|bates of the English Parliament, and in Scotland, the Fears on one Hand, and the Hopes on the other, are not to be express'd—, but the House of Commons deceived both Sides.

On the Twenty Second of January it was read in the House of Commons—. and as the best way to go thro' the whole, they ordered every Article to be Read and Voted upon singly in the Committee of the whole House.

It may perhaps surprize Posterity, when the Debates, Disputes, Heats and long Speeches, which these Articles occasioned in Scotland, come to be read—, and they shall come to understand, that, in the House of Commons in England, every Article pass'd one by one after the Sedatest Reading, Calmest Considering, and Leasurely Pro|ceeding, without any Opposition, Amendment or Alteration, no not in the least.

There was some small Opposition against it in general in the House of Lords—, but no Amendment offered to any particular Article, nor any thing considerable objected; what was objected seems generally contained in some Protests, and Reasons given in by the Persons Protesting against it, which were but few, and not much noticed.

At the same time that the Articles were Reading in the House of Commons, an Act was also prepared by the Bishops, to whom that Affair was referred for Security of the Church of England, to be passed in the Parliament, and then Ratified, by being Inserted in the Body of the Act of Union, as the Act for the Security of of the Church of Scotland had been done before.

This had been so far provided for by a Blank left in the Treaty of Ratification to which, so far as it concerned the Security of the Church of England only, the Parliament of Scotland declared themselves to assent, as if it was expressed; And this was thought but just, the Parliament of Scotland having had the Drawing up, and Wording of their own Act of Security themselves, tho' some People made loud Objections against this, as a plain Establishing Episcopacy in England by the very Parliament of Scotland.

It was indeed leaving the Thing as Self-existent, as it was pos|sible, it was absolutely necessary, That the Treaty of Union should be Ratified by either Kingdom—; But, as to the Acts severally Establishing the respective Churches, they were the distinct Act and Deed of either Kingdom: And, if the Scots may be said to have Consented to Establish Episcopacy, it is every whit as plain, That the English have Establish'd Presbytery in Scotland, with this fur|ther Distinction, That what has been done in Scotland, is an Act of the State only, in England both Church and State have given their Sanction to the Establishment of the Presbyterian Church of Scotland, the Bishops being the Representatives of the Church of England in this Case—; At the same Time, I think the Matter clear, That, with respect to Union, their Establishment is Recipro|cally secure, and either Kingdoms cannot now put their Hand to the Weakening or Injuring the Establishment of the other, without setting, at the same time, its Hand to the Destruction of its own Constitution.

This Act for the Security of the Church of England, seems to be the exact Copy of the Act for Security of the Church of Scotland, with the necessary Alterations only of Names, &c. A Testimony indeed unexpected to the Sufficiency of the Act of Security for Scot|land, in that the Church of England Divines being left to their full Liberty to make their Constitution as safe as it was possible to be, contented themselves with the very same Model which the Scots had pass'd for themselves, as the best and compleatest Security they could devise—, which they that cavilled so much at the Securi|ty of the Act in Scotland as insufficient, might have received great Satisfaction from, if they had thought fit—.

The Copy of this Act in England is added in the Appendix, N^o. H. xx.

I need not Count Days, nor Enter into the Minutes of this Affair in the English Parliament; It may suffice to tell the Reader, That the whole Act pass'd both Houses by the Fourth of March, and the Queen pass'd it on the Sixth: It was designed to have delayed the passing it to the Eighth, which was the Day of Her Majesties

coming to the Crown; That so the Day might have been doubly Remembered, for the Commencement of Her Majesties Reign over the Three Kingdoms first, and then over the United Kingdom of Britain; But Her Majesty, not willing to delay a Thing which the whole Island waited so much for, and had their Eyes upon, went to the House of Lords on the Sixth of March, and having pass'd the Bill, made the following Speech, with which I think I may close this short Period of the Union, I mean its passing in Eng|land.

There was some Opposition made to the Articles in the House of Lords in England, and some Lords Protested against the several Articles, and some against all of them—; But the House of Lords in England having expresly forbid the Printing any of the Proceedings of their House, I cannot enter upon the Historical Part of it; I hope something like an Abridgment of some Matters, &c. may be found in the Ap|pendix, N^o. A xx.

The QUEEN's Speech to the English Par|liament, at the Passing the UNION.

My Lords and Gentlemen,

It is with the greatest Satisfaction, that I have given my Assent to a Bill, for the Uniting England and Scotland into one Kingdom.

I consider this UNION as a Matter of the greatest Importance to the Wealth, Strength and Safety of the whole Island; And at the same time, as a Work of so much Difficulty and Nicety, in its own Nature, That, till now, all Attempts which have been made toward it, in the Course of above an Hundred Years, have proved ineffectual: And therefore I make no doubt, but it will be remem|bred and spoke of hereafter, to the Honour of those who have been Instrumental in bringing it to such an Happy Conclusion.

I desire and expect from all my Subjects of both Nations, That, from henceforth, they Act with all possible Respect and Kindness to one another, That so it may appear to all the World, they have Hearts disposed to become one People.

This will be a great Pleasure to Me, and will make Us all quickly sensible of the good Effects of this UNION.

And I cannot but look upon it as a particular Happiness, That, in My Reign, so full a Provision is made for the Peace and Quiet of My People, and for the Security of Our Religion, by so firm an Esta|blishment of the Protestant Succession throughout Great Britain.

Gentlemen of the House of Commons.

I have this Occasion to Remind You of making effectual Provision for the Payment of the Equivalent to Scotland, within the time ap|pointed

by this Act; And I am perswaded You'll show as much Readiness in this Particular, as You have done in all the other Parts of this great Work.

My Lords and Gentlemen,

The Season of the Year being now pretty far advanced, I hope You will continue the same Zeal which has appeared throughout this Session, in dispatching what yet remains unfinished of the Publick Business before You.

It took up some time in England, to Ingross and Inroll, and make Copies of this great Transaction, the Original of which was to be Lodged in the Tower of London, and an Exemplification under the Great Seal of England, to be sent down to Scotland, to be again Read in Parliament there, and then laid up in the Registers and Rolls of Parliament in perpetuam rei memoriam.

I must now return to the Minutes of the Parliament, where se|veral Things subsequent to the Treaty, but really absolutely ne|cessary to its Existence, was to be Finished, and which took them up the Time between the sending up the Ratification, and receiving down the Exemplification, as above.

The Minutes of the Parliament of Scotland continued.

MINUTE LXI.

Monday 20. January 1707.

Prayers Said,

Rolls Called,

Upon Reading of the Minutes, it was Moved to insert therein the Petitory part of the Representation and Petition of the Com|mission of the General Assembly of the Church of Scotland, menti|oned in the said Minutes. And after Debate thereon, the Vote was stated, Insert the Petitory part of the said Representation and Petition, Yea, or Not.

And after further Debate, the Duke of Hamilton made a Motion for a State of a Vote, wherein the Petitory part of the said Petition was repeated; But that State of the Vote being reclaimed against, as yielding the Question, the Duke of Hamilton protested, That he having made Motion, and being seconded, it was against the Rule of Parliament to refuse a Vote; and to insert his Motion in the Minutes.

Then the Vote was put Insert the Petitory part of the above Repre|sentation and Petition in the Minutes, Yes or Not. And it carried Not.

Thereafter it was moved, That conform to the Minutes of the fifteenth of January instant, the Parliament proceed to consider the manner of electing the Representatives for Scotland to the Parlia|ment of Great-Britain: Whereupon a Resolve was given in and Read in these Terms, Resolved that the sixteen Peers, and fourty five Commissioners for Shires and Burrows, who are to be the Members to the first Parliament of Great-Britain, for and on the part of Scotland, be chosen out of this present Parliament: And that the Members so chosen, be the Members of the first Parliament of Great-Britain, if Her Majesty shall declare on or before the first day of May next, that the Lords and Commons of the present Parliament of England, be the Members of the first Parliament of Great-Britain, for and on the part of England.

And after Reasoning thereon, the further Debate was adjourned till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LXI.

It was not very easie to know the Reason, why they de|sired the Petitory part, as they called it, of this Paper to be inserted in the Minutes—; Some were of the Opinion, it was to show the Nation, That the Opposers of the Union were Friends to the Church, and that they would have it ap|pear, they stood up for the Church of Scotland—; Others thought it was with design to Expose the Presbyterians to the Church of England, as utter Enemies to their Constitution—; Nor could I ever hear any other Reasons given for it—. However, the Duke after having with some Di|ficulty obtained a Vote upon it, LOST IT; And so the Re|presentation and Petition was left just where they found it, viz. As a Testimony of the Church against some Things which were thought to Clash, both with their Constitution and a little with their Principles, and in this it was thought it had its Uses, tho' it was not effectually Answered in Parlia|ment.

The Affair of the Electing their Members for the first Par|liament of Britain, came next upon the Stage, and the Ground of the Motion mentioned in the Minutes, was foun|ded upon a Supposition mentioned in the Twelfth Article of the Treaty, viz. That Her Majesty on or before the first day of May, on which day the Ʋnion was to take place, should declare under the Great Seal of England, that it is Expedient that the Lords of Parliament of England, and Commons of the present Parliament of England, should be the Members of the respective Houses of the first Parliament of Great-Britain, for and on the part of Great-Britain. Now it was thought very equal, that if the then present sitting Parliament of England, should be Nam|med

for the first Parliament of Great-Britain, in Conjunction with the several Members that should be Named from Scot|land, that the Members of both Houses which were to Re|present Scotland, should be likewise Named out of the current or then present sitting Parliament of Scotland.

It was pretty easie to conjecture, that Her Majesty would appoint these Members of the English Parliament, to Consti|tute the first British Parliament, as it after happened, and therefore this was Moved now—, in order to settle it in the Act of Parliament now to be made, in which it was ab|solutely necessary to be Determined, this Matter being to be Signed, and past into a Law, before the Union was to take place—. What vigorous Opposition it met with, will be seen in the next Observation.

MINUTE LXII.

Tuesday 21. January 1707.

Prayers said,

Rolls Called,

The Earl of Stair Swore the Oath of Alledgeance, subscribed the same with the Assurance, and took the Oath of Parliament.

Then the Resolve insert in the former Days Minutes, anent choo|sing the Representatives for Scotland to the first Parliament of Great-Britain, was again read.

And after Reasoning thereon, an Overture was given in for esta|blishing a certain Way for Electing the Representatives of Scotland to the Parliament of Great-Britain in all time coming, in the Terms of the Treaty of Union, which was Read; And thereafter another Overture was offered for an Act for choosing the Sixty One Members to Represent Scotland in the Parliament of Great-Britain: As also, a Resolve was given in and Read, That previous to all other Business, the Parliament proceed to determine the manner of Electing the Repre|sentatives for Scotland to the Parliament of Great-Britain, and to de|termine the Number and Quota of Barons and Burrows.

And after Debate the Vote was stated, Approve the Resolve insert in the former days Minutes, Yea or Not.

But before Voting the Duke of Hamilton gave in a Protestation in these Terms,

"I James Duke of Hamilton do hereby protest for my self, and in Name of all those who shall adhere to this my Pro|testation, against the Electing by this present Parliament the Six|teen Peers and Fourty Five Barons and Burrows, who are to Re|present Scotland in the first Parliament of Great-Britain, as incon|sistent with the whole Tenor of the Twenty Second Article of the Treaty of Union, and contrair to the express Words thereof,

whereby it is provided, that after the Time and Place of the Meeting of the said Parliament, is appointed by Her Majesties Proclamation, which Time shall not be less than Fifty Days after the Proclamation, a Write shall be immediately issued under the Great-Seal of Great-Britain, directed to the Privy Council of Scot|land, for Summoning the Sixteen Peers, and for Electing Fourty Five Members, by whom Scotland is to be Represented in the Par|liament of Great-Britain; And further, as utterly Subversive of the Right of Election competent to the Barons and Burrows of this Kingdom, and desires this my Protestation may be insert in the Minutes and Records of Parliament, and thereupon takes Instru|ments.

And Mr. William Cochran of Kilmaronock gave in a Protestation in these Terms,

"I Mr. William Cochran of Kilmaronock do protest in my own Name, and in Name of all those that shall Adhere to this my Protestation, that the Electing of Members to Represent this part of the United Kingdom in the Parliament of Great-Britain, out of this present Parliament, by the Members of this House, is contrary to, and inconsistent with the Birth-rights and Privileges of the Barons and Burrows of Scotland; That it is con|trary to the Principles of common Law, and divers Acts of Parli|ament, and directly opposite and contradictory to the express Words and Meaning of two several Paragraphs of the Twenty Two Article of the Treaty of Union betwixt Scotland and England, so lately Ratified in this House; And I desire this my Protestation may be insert in the Minutes, and Recorded in the Books of Parlia|ment, upon which I take Instruments.

And after Reading of the above Protestations, each of the said Protesters took Instruments upon their respective Protestations, and adhered to the Protestation given in by the other; and it was agreed that the Members Votes be marked, and that the List of their Names as they Vote be Printed and Recorded, and that at calling the Rolls the Adherers to the above Protests be also marked.

Then the Vote was put, Approve the Resolve insert in the former Days Minutes or Not, and it carried Approve; and the Earl of Errol, the Earl Marischal, the Earl of Buchan, the Earl of Eglingtoun and the Earl of Galloway, the Viscount of Kilsyth, the Lord Semple, the Lord Balmerino, the Lord Blantyre, the Lord Bargany, the Lord Beilhaven, and the Lord Colvill, Sir John Lauder of Fountainhal, Alexander Fletcher of Saltoun, Sir Robert Sinclair of Longformacus, John Brisbane younger of Bishoptoun, Sir Humphrey Colquhoun of Luss, John Grahame of Killearn, Robert Rollo of Powhouse, Thomas Sharp of Houstoun, Sir Thomas Burnet of Leys, Sir David Ramsay of Balmain, John Forbes of Colloden, Mr. Thomas Hope of Rankeillor, David Grahame younger of Fintry, Alexander Mackye of Palgown, James Sinclair of Stempster, Mr. James Dumbar younger of Hemprigs, Sir Henry Innes younger of that Ilk, Mr. George Mackenzie of Inchcoulter, Alexander Edgar, James Scot, Francis Mollison, Robert Scot, John

Hutcheson, Archibald Sheils, Mr. John Lyon, George Brodie and Mr. John Carruthers Adhered to both the above two Protestations.

Thereafter an Overture given in and Read, for appointing the manner of Electing the Peers of Scotland to the Parliament of Great-Britain, to be by dividing the Peerage into Four several Classes, out of which they are to be chosen, with some regard to the seve|ral Ranks of Peers, in manner mentioned in the said Overture.

And after Reasoning thereon, the further Debate was Adjourned till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LXII.

The Reason of the Earl of Stair's taking the Oaths now, and his place in Parliament, was very Unhappy at this Time; his Father the Earl of Stair, justly reputed the greatest Man of Counsel in the Kingdom of Scotland, died sudden|ly the Eighth of this Moneth—; he had been an Eminent Instrument in carrying on the Union, and had, the very day of his Death, spoken very Earnestly in the House, upon some particular Cases relating to the Union, he went out of the House not very Well, yet went Home, and Wrote several Letters that very Night to England, and in the Morning Died in his Bed, without being able to speak so much as to his Lady, who was with him, to the general Grief of the whole Island, being Universally Lamented.

The Debate was now renewed about Choosing the Repre|sentatives for the first Parliament, the principal Objection was against Choosing them out of the current Parliament—; As to the Allegations of its being against Law and Constituti|on, and against the Twenty Second Article of the Treaty just then ratified, they all Center'd in this, that it was to be passed and approved by Parliament; And that Parliament having yet the whole Legislature in their Hands, had power to Repeal any Law, or Statute then in Beeing, and conse|quently did so far repeal any Clause in any Act of Parliament formerly made—; As to its being against the Treaty now ratified, that was Rectified thus, That whereas the Act of Ratification of the Treaty of Union in the Parliament of Scotland, in which several Acts since made and to be made in the Parliament of Scotland, were yet to be inserted, lay now before the Parliament of England—; What ever Me|thod the Parliament of Scotland thought fit to take, for the Nomination of the Members of Parliament, for the first Par|liament of Great-Britain, should, and must of Course also be inserted, and so be and become an Essential Part or Branch of the Union; And this Vote having passed as per the Minute, is inserted in the said Act for settling the Election

of the Members, and again Recited in the Act of Union, as per the Exemplification, appears, in these Words; in that Case only, Doth hereby Statute and Ordain, That the Sixteen Peers and Fourty Five Commissioners for Shires and Burghs, who shall be Chosen by the Peers, Barons and Burghs res|pectively in this present Session of Parliament, and out of the Members thereof, in the same manner as Committees of Parlia|ment are usually now Chosen, shall be the Members of the res|pective Houses of the said First Parliament of Great Britain, for and on the part of Scotland; Which Nomination and Election being Certifyed by a Write under the Lord Clerk Registers Hand, The Persons so Nominated and Elected shall have Right to Sit and Vote in the House of Lords, and in the House of Commons of the said First Parliament of Great Britain; As by the said Act passed in Scotland, for settling the Manner of Electing the Sixteen Peers and Fourty Five Members to Represent Scot|land in the Parliament of Great Britain may appear; Be it therefore further Enacted and Declared by the Authority afore|said, That the said last mentioned Act passed in Scotland, for settling the Manner of Electing the Sixteen Peers and Fourty Five Members to Represent Scotland in the Parliament of GREAT BRITAIN, as aforesaid, shall be, and the same is hereby Declared to be as valid, as if the same had been part of, and Ingrossed in the said Articles of Ʋnion, Ratified and Ap|proved by the said Act of Parliament of Scotland, and by this Act as aforesaid, and carried it for the New Model; The Two Protestations against it made a great Noise, and were print|ed and carryed all over the Kingdom, besides their being printed in the Minutes of Parliament. Some said, the chief Reason why they insisted on this so much was, That the Party who opposed the Union foresaw, that, as they had been outvoted and overpowered, as they called it, in every Question relating to the Union, so they would be in this, and that, by Consequence, few or none of them would be Named to the First British Parliament, which was really true in the Consequence.

The several Overtures relating to the Form of future Elections will be spoken to in their places—.

MINUTE LXIII.

Wednesday 22. January 1707.

Prayers said,

Rolls Called,

Thereafter the three several Overtures and Resolve mentioned in the former Days Minutes, relating to the way of Electing the

Representatives for Scotland, to the Parliament of Great Britain was again read.

And after Reasoning thereon, the Vote was put, Whether the Six|teen Peers, who are to be Representatives for Scotland in the said Parliament, shall be sent by Rotation, or by Election, and it carried, by Election.

Then it was moved, That it be considered what way the Electi|on shall be, whether by Balloting, or by an open Election, and after Debate thereon, the Vote was put, Whether it shall be by open Election, or by Balloting, and it carried, by open Election.

Thereafter moved to proceed to consider what Proportions the Barons and Burrows shall have of the Fourty Five Members, who are to sit in the House of Commons of Great Britain, and after Reasoning thereon, the further Debate was Adjourned till next Sederunt of Parliament.

The Committee appointed to meet to Morrow at Nine of the Clock.

Adjourned till Friday next at Ten of the Clock.

MINUTE LXIV.

Friday 24. January 1707.

Prayers Said,

Rolls Called,

Then the Debate mentioned in the former Days Minutes was resumed, anent what Proportions the Barons and Burrows shall have of the Fourty Five Members, that are to sit in the House of Com|mons of Great Britain.

And thereupon a Clause was offered to be insert in the Act, Re|gulating the Manner of Electing the Representatives for Scotland in these Terms, And Her Majesty, with Advice and Consent foresaid, Statutes and Ordains, That Thirty shall be the Number of the Barons, and Fifteen the Number of the Burrows, to Represent this part of the Ʋnited Kingdom in the House of Commons of Great Britain; And that no Peer, nor the eldest Son of any Peer, can be chosen to Represent either Shire or Burgh of this part of the Ʋnited Kingdom in the said House of Commons.

And after Debate upon the first part of the said Clause, the Vote was stated, If the Number shall be Thirty for the Barons, and Fifteen for the Burrows, Yea or Not.

But before Voting, the Earl of Cromerty gave in a Protestation in the Terms following, viz. I George Earl of Cromerty do Protest, That nothing that shall be Enacted, as to the Shire of Cromerty their being Adjoyned to any other Shire, as to the Method or Manner of Elect|ing of Commissioners to the Parliament of Great Britain, shall infer

any Derogation to the Privileges of that Shire, or to my Right as Heretable Sheriff therreof, and took Instruments thereupon.

Thereafter the Vote was put, If the Number shall be Thirty for the Barons, and Fifteen for the Burrows, Yea, or Not; and it carried, Yea.

Adjourned till Monday next at Ten of the Clock.

MINUTE LXV.

Monday 27. January 1707.

Prayers Said,

Rolls Called,

Then the second part of the Overture mentioned in the former Days Minutes was again read in these Terms, And that no Peer, nor the eldest Son of any Peer, can be chosen to Represent either Shire or Burgh of this part of the Ʋnited Kingdom in the said House of Com|mons.

And after Debate thereon, another Clause was offered in these Terms, Declaring always, That none shall Elect, nor be Elected to Re|present a Shire or Burgh in the Parliament of Great Britain from this part of the Ʋnited Kingdom, except such as are now capable by the Laws of this Kingdom to Elect, or be Elected as Commissioners for Shire or Burgh to the said Parliament.

And after further Reasoning thereon, the Vote was stated, Ap|prove of the First Clause, or of the Second.

But before Voting, it was agreed, That the Votes be Marked, and that a List of the Members Names, as they Vote, be Printed and Recorded, and the Lord Chancellor was allowed to have his Name Printed and Recorded amongst those, who Voted for the Se|cond Clause.

Then the Vote was put, Approve of the First Clause, or Second; And it carried, Second.

Thereafter moved, That the Parliament proceed to consider, in what manner the several Shires of this Kingdom shall choose the Thirty Members appointed to Represent them in the House of Com|mons of Great Britain; As also, in what manner the several Bur|rows shall choose the Fifteen Members, appointed to Represent them in the said House of Commons.

And after some Discourse thereon, the further Consideration thereof was delayed till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATIONS LXIII, LXIV, LXV.

I put these three Minutes together, because they are all on the same Subject, viz. The Electing the Representatives to the

Parliament of Great Britain, which was now to be formed into an Act by it self.

There had been several Schemes of Elections laid down for the Peers, and three Overtures had been presented to the House—; Some were for Naming the several Fami|lies, and Fixing the Representative to be Chosen out of them Exclusively—, and these were those who pretended to make Distinctions between the Ancient and Modern No|bility—; They thought it was reasonable, since the Num|bers of Noblemen lately made, and especially in the last Thirty or Fourty Years, were but burdensome, as they al|ledged, to the Nation, that those Families newly made Noble should relinquish this Affair to the Ancient Nobility, as what was Inherent in them, but a new Accession to these; and that, since Scotland was to Retrench her Nobility, as to sitting in Parliament, it was but just they should be preferred, who had the most Ancient Title.

Others were for dividing the Nobility into Four Classes, and taking every Year a proportioned Number out of each Class.

Others were for taking by Rotation, and so, beginning at the Extremes, take the Families as they Rise, either be|ginning at the eldest or youngest Peers.

But all these Methods were rejected, and that of Election carryed it, whether it were, that each Party thought them|selves able to carry it from the other, or that they thought it their Advantage, that they should carry it, who could make the best Interest I know not—; But I cannot say they took the best way for the preserving the publick Tran|quillity, since the Factions and Party-makings for the Interest of Elections, which must necessarily be the Consequence of this Method, cannot but keep up a constant Feud of Parties and Families in the Nation, which must necessarily be renew|ed every Three Year, the Parliament being to be new Chosen so often—; During which time, the Parties will be at Work, to Cultivate, Encrease, and Fortify their se|veral Interests, which, it is to be doubted, will go a great way to Entailing a Spirit of Division and Party-strife upon the whole Nation—; I wish I may be found to have made a wrong Conjecture,—, but I shall have Occasion to speak to this again in the Process of this Story, and to ob|serve, how too much of this was made good in the very first Election, I mean, for the second British Parliament. Of which hereafter—.

After the settling of the Affair of the Peers, it was to be Determined how the Fourty Five Members for the House of Commons should be proportioned, and this was prepared for them before hand, and given in in a Scheme or Overture, which occasioned some Dispute—; The number of the

Shires and Counties and Stewartries that formerly Elected, were {left blank} these were now to be reduced by joyn|ing Two or Three together, where they were small and re|mote, to Thirty Members, each County choosing none but One—, and each Head of Counties, where any were joyn|ed together, choosing but One—, the Burghs or Royal Burrows were {left blank} in Number, these were Formed into Classes or Districts—, and were for each District to choose one Member; And because the meeting together of the Votes in the said Burghs, might be both Chargeable and Inconvenient, a Medium was found out, each Burgh was to choose a Commissioner, in the same manner as usual, which Commissioner was to meet with the Commissioners of the other Burghs of that District, and these were to choose the Mem|ber.

The respective Persons concerned, made some Opposition about the Joyning of Shires—, but this had been a Thing well Concerted, and therefore admitted the less Dispute in the House; the Persons also who had made the Calculations, being prepared to Defend the Equalities of it—; It re|mained therefore to agree on the Partition of the Counties and Towns, or as called in the Minutes, Barons and Burghs, which was done with little Dispute, as per the Minute.

The Motion against the Eldest Sons of Peers, had not a little to be said for it, particularly that when the Influence of the Nobility in Scotland comes to be considered, with the small Number of Members to be chosen, it might in time to come rise to what was Hinted before, in the Project of reducing the Lords that did not sit in the House of Peers, to a Level with the Commons, and make them capable of sitting in the House of Commons, that then it might come to pass, that Scotland should be Represented only by her Nobility, and that there should be Scots Lords in the Parliament of Britain; So here in time it might happen, that the Nobility in the House of Peers, and their Eldest Sons in the House of Commons, might make up the whole Representative of Scotland—.

There were a great many Arguments brought against this Proposal, but these seemed the most prevailing, viz.

• 1. That it had been always allowed in Scotland before, viz. That the Eldest Sons of Peers might be Elected.
• 2. That in England the Eldest Sons of Peers do sit in the House of Commons, and it would break in upon the Rule of Equalities, to alter it, and put the Scots Gentlemen in a worse Condition than the English.

After some time a Vote was offered that put it to an End, viz. To let the Right of being Elected remain just as it was, without any Alteration at all, that he that had a Right or

Capacity to Vote, or to be chosen before, should have so still; And this ended the Debate.

The manner of Electing the Commons came next to be considered.

MINUTE LXVI.

Tuesday 28. January 1707.

Prayers said,

Rolls Called,

Then the Parliament proceeded to Consider in what manner the se|veral Shires of this Kingdom shall choose the thirty Members appoin|ted to represent them in the House of Commons of Great-Britain; As also in what manner the several Burrows shall choose the fifteen Members to represent them in the said House of Commons.

And after Reasoning thereon, a draught of an Act was offered set|tling the manner of Electing and Summoning the sixteen Peers and fourty five Commoners, to Represent Scotland in the Parliament of Great-Britain.

Which being read, it was moved, to proceed to consider that Clause of the Draught of the Act appointing the Shires of Bute and Caithness to have only one Representative, the Shires of Nairn and Cromerty to have only one Representative, and the Shires of Clack|mannan and Kinross to have only one Representative, to be chosen Alternatively, and the hail other Shires and Stewartries of this King|dom, now represented in this present Parliament, each to have one Representative in the Parliament of Great-Britain.

And it was also moved, to remit the same to a Committee; And after reasoning on these Motions, the Vote was stated, Approve of the above Clause of the Act, or Commit.

But before Voting a Protestation was given in, in these Terms: I James Sinclair of Stempster, one of the Commissioners for the Shire of Caithness, do protest for my self, and the other Barons and Free|holders of the said Shire, that the Vote now to be put for approving the Conjunction of the said Shire of Caithness with Bute, or any other of the lesser Shires, is against our Right of being always separately repre|sented in Parliament, and that because the Rule of reducing Shires is by their Valuation, and six only to be reduced, the Shire of Caithness ought to enjoy its Representation as other greater Shires, and the Shire of Sutherland, being less in Valuation than Caithness, ought to be conjoyned with the other lesser five Shires: Which being read, he took Instruments thereupon, and Mr. James Dumbar younger of Hemp|rigs the other Commissioner for the said Shire of Caithness adhered thereto.

Then the Vote was put, Approve of that Clause of the Act settling

the manner of Electing Representatives for Shires, or Commit; and it carried Approve.

Thereafter it was moved to proceed to Consider in what manner the Burghs shall choose their Representatives.

And after Debate thereon, the further Consideration thereof was delayed till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

MINUTE LXVII.

Wednesday 29. January 1707.

Prayers said,

Rolls Called,

Then the Parliament proceeded to the Consideration of the man|ner in which the Burrows shall Elect their Representatives to the House of Commons of Great-Britain.

Whereupon several Schemes being given in and read, in relation to the manner of the said Election.

After reasoning thereon, and upon the Number of the Districts that shall be appointed for making of the said Elections, and upon a Motion that the Burgh of Edinburgh by it self shall have always one Representative.

The Vote was stated, whether the Burghs shall be divided into three Districts, or Fifteen (reserving intire the Motion as to the Town of Edinburgh it's having one Representative by it self) and it car|ried Fifteen.

Then the Vote was put, if the Burgh of Edinburgh by it self shall have one Representative, or Not; and it carried One.

Thereafter a Scheme dividing the Burghs into fifteen Districts, each of which Districts is to have one Representative, was given in and Read, and is as follows: The Burghs of Kirkwal, Week, Dor|nock, Dingwal and Tayn one; Fortrose, Inverness, Nairn and Forress one; Elgine, Cullen, Bamff, Inverury and Kintore one; Aberdeen, Bervie, Montrose, Aberbrothock and Brechin one; Forfar, Perth, Dundee, Couper and St. Andrews one; Crail, Kilrenny, Anstruther Easter, Anstruther Wester and Pittenweem one; Dysart, Kirkaldie, Kinghorn and Burnt-island one; Innerkeithing, Dumfermling, Queens|ferry, Culross and Stirling one; Glasgow, Renfrew, Rutherglen and Dumbartoun one; Edinburgh one; Haddingtoun, Northberwick, Dumbar, Lawder and Jedburgh one; Selkirk, Peebles, Linlithgow and Lanerk one; Dumfries, Sanquhar, Annan, Lochmeban and Kirkend|bright one; Wigtoun, Newgalloway, Stranrawer and Whitehorn one; And Air, Irving, Rothsay, Campbelltoun and Inverary one.

And after Debate thereupon, Whether it should be Approven, or Remitted to the Committee.

The Vote was put, Approve the Scheme, or Commit; and it car|ried Approve.

Then it was moved, that the Commissioners for the Treaty of Union have their Expenses allowed to them; And a Debate having arisen thereupon, the further Consideration thereof delayed till next Sederunt of Parliament.

Adjourned till Friday next at Ten a Clock.

OBSERVATIONS LXVI, LXVII.

These Minutes are so expressive of the Subject debated a|bout, that there needs no Explanation to be given; They were only Matters of Form dividing the Burghs into Districts for Election, and Uniting the smaller remote Counties to re|duce the Number; and all being stated before Hand, as I noted in the last, nothing material happened:

MINUTE LXVIII.

Friday 31. January 1707.

Prayers said,

Rolls Called,

Then the Parliament proceeded to consider the Motion for al|lowing the Commissioners for the Treaty of Union their Expenses; And thereupon a Resolve was given in in these Terms, That the Charge of the Commissioners sent to the Treaty of Union on the part of the Kingdom of Scotland, who met at London in pursuance of Her Majesties Nomination by Authority of Parliament, and of the Allowance to the Secretary of the said Commission, and to the Accomptants appointed by the said Commission, are publick Debts, and that there be allowed to each Nobleman, who attended the said Treaty at London, the Sum of Twelve Thousand Pounds Scots, and to each other of the Commissioners attending, the Sum of Six Thousand Pounds Scots, and to the Secretary of the said Commission, the Sum of Four Thousand Eight Hundred Pounds Scots, and to each of the Three Accomptants named by the said Commission, the Sum of Two Thousand Four Hundred Pounds Scots, and that the said respective Sums be payed out of the Sum of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings Sterling, mentioned in the Fifteenth Article of the said Treaty of Union, Ratified in this Parliament, and that the said Sums be ranked and preferred after the Sums payable to the Proprietors of the African and Indian Company of Scotland pari passu with the first of the publick Debts appointed to be pay|ed out of the foresaid Sum of Three Hundred Ninety Eight Thou|sand and Eighty Five Pounds Ten Shillings Sterling Money.

Which being read, upon Reasoning thereon, a Motion being made for restricting the Quota's of the Treaters Expenses, and some Objections being also made against allowing the said Expenses out of the above Fund, the Vote was stated, Approve of the Resolve, or Alter.

And before Voting it was agreed, That the Votes be marked, and that a List of the Members Names, as they Vote, be Printed and Recorded.

Then the Vote was put, Approve of the Resolve, or Alter; and it carried, Approve.

It was also agreed, That the Earl of Ilay (designed in the Com|mission for the Treaty Lord Archibald Campbell) be allowed his Expenses as a Nobleman.

Thereafter it was moved, That the Commissioners for the Trea|ty 1702, have Allowance of their Expenses in manner following, viz.

"Each Nobleman Five Hundred Pounds Sterling, each Baron Three Hundred Pounds Sterling, and each Burrow Two Hundred Pounds Sterling.

And after Debate thereupon, the Vote was put,

"Grant Allow|ance to the Commissioners for the Treaty 1702, of their Expenses in the above manner, Yea, or Not;

and it carried, Yea: And the said Expense was declared to be a publick Debt, and it was remitted to the Committee for stating of publick Debts, to state and rank the same as a publick Debt.

Thereafter it was moved, That no Representative from either Shire or Burgh from this Kingdom to the Parliament of Great Bri|tain, shall have any Allowance for their Charges and Expenses in attending the same.

And after Debate, it being moved to delay the Consideration thereof till next Sederunt of Parliament.

The Vote was put, Proceed, or Delay; and it carried, Delay.

The Committee appointed to Meet to Morrow at Nine a Clock

Adjourned till Monday next at Ten of the Clock.

OBSERVATION LXVIII.

This Proposal was ill received indeed, and a horrid Cla|mour raised at it without Doors; The People who had been hot against the Union took hold of it with an Unbridled Railery, Reproaching the Treaters in a most Indecent Man|ner, Exclaiming at the very Thing it self; Now the Nation might see they said what they had been doing at London, and what they had been pursuing ever since that they had sold their Country for a Sum of Money, & they were beginning to share it among them, this referred to the Equivalent out of which this Money was to be paid—; That they Voted for one another, the new Commissioners and the old; and that this was taking that Money away to their private Uses, which they had pretended was to be Imployed in Incouraging the

Manufactures and Imploying the Poor, Raising Stocks for the Woollen Trade and Funds for the Fishing; That these were the specious Pretences, when the Nation was brought in to accept of the Equivalent, but that now it was done and over, now they were dividing the Spoil—; It would be endless to set down the ill Nature of the Day, as soon as this Proposal was talked of without Doors, and yet there was really no Reason, the Gentlemen who went to England upon that Occasion, who set all their private Affairs aside to serve their Country, and attended in England several Months at Expence enough, should do all this at their own Charges, when, at the same time, every other Article had its Supply out of the General Fund; And therefore, notwithstanding the Clamours of the People, and several Attempts within Doors, first to reject it wholly, then to refuse the payment of it out of the Equivalent, which was indeed refusing it wholly, since there was no other Fund to pay it—; And lastly, to Restrict the Quantity, yet at last it past, as it had been at first proposed.

The Allowance to the Old Treaters, they alledged, was a Trick to draw in the Allowance for the New, because, be|ing to be Voted together, it was certain, the Old would Vote for the New, that they might be sure, the New would, in Return, Vote for the Old—; But there was certainly the same Reason, that one should be allowed their Expence as the other, since, tho' they could not then bring it to a Conclusion, yet their Pains and Expences might not be the less, but rather the more for that, and thus they were both Vot|ed to be allowed their Charges, as per the Minute.

MINUTE LXIX.

Monday 3. February 1707.

Prayers Said,

Rolls Called,

Thereafter the first Sederunt of Parliament (after passing the Act, settling the Manner of Electing and Summoning the Representa|tives for Scotland to the Parliament of Great Britain) was appoint|ed for private Business.

Then the Motion made the former Sederunt, anent allowing no Charges or Expences to the Representatives from the Shires and Burghs of this Kingdom to the Parliament of Great Britain, resumed.

And after Debate thereon, the Vote was put, Whether there shall be a Clause, in relation to the Charges and Expences of the Representa|tives for Shires and Burghs insert in the Act settling the Manner of Electing, &c. Yea, or No; and it carried, No.

Thereafter it was moved, That at all Meetings of the Peers for Electing of their Representatives, such Peers as are absent, be al|lowed to have Votes in the said Election by Proxies, the said Proxies being Peers, and they and their Constituents being Qualifi|ed at the Time, by taking the Oaths required by Law, and that the said absent Peers may either Vote by their Proxies, or by send|ing up Lists subscribed by them.

And after Reasoning thereon, the Vote was put, Allow Proxies in the above Terms, Yea, or Not; and it carried, Allow.

Agreed, That the Meeting of the Peers for the said Elections shall be at any Place Her Majesty shall appoint within the Limits of Scotland.

Agreed also, That, in case of the Decease, or Legal Incapacity of any of the Fourty Five Commoners, to be chosen out of this Session of Parliament to the Parliament of Great Britain, the Shire, Stewartry, or District of Burrows, for which he is a Member, shall choose another in his place.

Agreed likewise, That, in case of the Decease, or Legal Incapa|city of any of the Sixteen Peers, the Peers shall meet and Elect another in place of the Deceaser.

Moved, That such Peers of Scotland, who are likeways Peers of England, or who, after the Union, shall be Created Peers of Great Britain, have no Vote in the Election of the Sixteen Peers from Scotland to the Parliament of Great Britain.

And after Debate thereon, it was put to the Vote, Whether any Clause, in relation to the said Motion, shall be insert in the above Act, sett|ling the Manner of Election, &c. Yea, or Not; and it carried, Not.

Thereafter it was agreed, That, when the Votes of the Commissio|ners for Burrows, who shall meet for Electing their Representatives are equal, the President of the Meeting shall have a Casting or Deci|sive Vote, beside his Vote as a Commissioner Representing the Burgh from whom he is sent; and that the Commissioner for the eldest Burgh shall preside at the first Meeting, and the Commissioner for the other Burghs by Turns, as the Burghs are now called in the Rolls of Parliament.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATION LXIX.

The Charges being allowed to the Treaters, it was thought the House would go on and allow this also, but it was pre|sently rejected—; Some said it was offered by way of Jest, as a Reproach to the Gentlemen that took Money for the Service of their Country.

But the Proposal was made another way, viz. That no Representative, from either Shire or Burgh, from this Kingdom to the Parliament of Great Britain, shall have any Allowance for their Charges or Expences, &c. It was alledged, That the Eng|lish took no such Allowance; and that it would be a Reproach

to Scotland, if the Scots Gentry should take their Charges from the Country, and the English did not.

To this it was Answered, That, tho' the English Gentle|men generally refused the Allowance of the Countries for their Attendance, yet that, by Law, there was such an Al|lowance due to them from the Countries, and they might not only justify accepting it, but might legally demand it; And therefore it ought, in like manner, be left at Liberty in Scotland, when doubtless the Scots Representatives, in Pro|portion to their Capacities, would be found as Frank and Ge|nerous in sparing the Country as the English.

And it was remarkable, That in subsequent Elections in Scotland for the Counties, it was very often agreed joyntly by the several Candidates for Election, That whosoever carried it, should relinquish any pretence to an Allowance from the County, for their Service in Parliament.

The Affair of Proxies in Election of Peers, is exprest at large in the Minute, and needs no Remark; nor was there any long Debate upon it in the House.

The other Heads also being Matter of Form, only were readily agreed to.

There was indeed some Struggle about Excluding these Noblemen of Scotland, who were Noblemen in England, or should be Peers of Britain, from Voting, but they could not carry it—; And yet 'tis to be observed, that at the first Election of the Sixteen Peers by virtue of this Act, some of the Peers of Scotland protested against the Votes of those that had English or British Titles, a Debate that is not yet (viz. at the Writing these Sheets) Determined, tho' this Vote seems to conclude it directly.

MINUTE LXX.

Tuesday 4. February 1707.

Prayers Said,

Rolls Called,

Then the Draught of an Act settling the manner of Electing and Summoning the sixteen Peers and fourty five Commoners to represent Scotland in the Parliament of Great-Britain read.

And thereupon a Vote was put, Allow a first Reading to be marked on the said Act, Yea, or Not; and it carried Allow: And a first Reading was marked thereon accordingly.

Adjourned till the Morrow at Ten of the Clock.

MINUTE LXXI.

Wednesday 5. February 1707.

Prayers said,

Rolls Called,

Then the Act settling the manner of Electing the sixteen Peers and fourty five Commoners to represent Scotland in the Parliament of Great-Britain again read; And after Reasoning thereon, and some Amendments, the Act as amended was again read over, and it was put to the Vote, Approve the Act, or Not, and it carried Approve.

Overture for an Act anent Plantation of Kirks brought in from the Committee and Read, and after some Amendments was ordered to be Printed.

And also another Overture for an Act and Commission for Plan|tation of Kirks and Valuation of Teinds, brought in from the said Committee was read, and ordered to be Printed.

Agreed, that the Parliament will proceed to the Consideration of these Overtures the first Sederunt after they are Printed previous to all other Business.

Then a Proclamation concerning the Coyn was brought in from the Committee and read, and a Vote was put, Approve of the Pro|clamation, or Not; and it carried Approve.

Overture for an Act against Popery and Papists brought in from the Committee, was read, and ordered to be Printed.

Thereafter the Act settling the manner of electing the sixteen Peers and fourty five Commoners to represent Scotland in the Par|liament of Great-Britain was touched with the Royal Scepter by Her Majesties high Commissioner in the usual manner.

Adjourned till Monday next at Ten a Clock.

OBSERVATIONS LXX, & LXXI.

The Act for settling the manner of Electing the Represen|tative was now past, and because it is an Act containing a great Variety of Heads, useful for Posterity to know, when the respective Elections may come on, I have inserted it in the Appendix to this Work, N^o. I x x.

The Overtures for Plantation of Kirks and Valuation of Teinds, were put both together, and proceeded upon as one Act, The case was in short thus—; It had been the Custom in former Parliaments, to Grant a Commission to

certain of their own Members to sit as a Court, and to Judge and Determine of several Things relating to the two Heads above, viz. Plantation of Kirks and Valuation of Teinds; The Things they Determined of, were Generally,

• Sale and Valuation of Teinds or Tithes in the several Paroches.
• Augmentation of the Stipends of Ministers.
• Prorogation of Tacks, or Leases of Teinds.
• Dividing or Disjoyning Paroches, or Parishes, where they where too large.
• Erecting and Endowing New Churches.
• Annexing and Dismembering Churches, and the like.

It was some Time since these Commissions had been Dis|continued, and that was not all the Misfortune, but all the Registers and Rolls of that Court were lost in the great Fire which happened in the Parliament Closs at Edinburgh, in the year 1700. So that there was no having Recourse to any thing past.

This was a great Loss to the Church of Scotland, upon several Accounts, and had it remained Unsettled at this Juncture, the Injury had been past Remedy; Wherefore it was earnestly Desir'd, and readily Granted, That all the Powers formerly Exercised by the said Commission of Parliament, should now be Conveyed to some particular Court Judica|tory or Body of Men, that should Judge and Determine in such Cases; some were for having it Vested in the Church it self, and committed to the General Assembly—; But it was alledged, That were to make the Church Judge in Her own Cause, and put too much Power into the Hands of the Assembly; Others were for Desiring it to be in the Hands of the Crown, to Grant Commission to proper Persons, as the Parliament did before—; But that was Objected against, as dangerous to the Safety and Constitution of the Church; at length it was Devolved on the Lords of the Session, and there it past, as in the Act Printed also at large in the Ap|pendix N^o. K x x.

The Committee also now made their Report about the Coin, and the manner of settling it the Time of Reducing and Calling in the Money, of which I have spoken already—; but the Report of the Committee being recited in the Proclamation, and that Proclamation stating the particulars exactly, I have placed the said Proclamation in the Appendix N^o. L x x. It being the last Proclamation also made in Scot|land as a separate Kingdom.

MINUTE LXXII.

Monday 10. February 1707.

Prayers said,

Rolls Called,

Then it was moved to proceed to private Business conform to the Minutes of the third of February instant.

Moved also to proceed to the Consideration of the two Overtures mentioned in the Minutes of the last Sederunt, the one remitting the Plantation of Kirks, &c. to the Lords of Session; And the other for an Act and Commission for Plantation of Kirks and Valuation of Teinds.

And after Debate, the Vote was put, Proceed to consider the two Overtures in order to a first Reading, or proceed to private Business, and it carried to the Overtures.

Thereafter the two Overtures were read in the above order, and the Vote being put, Mark a first Reading on the first or second, and it carried First, and a first Reading was marked on the said first Overture, remitting the Plantation of Kirks to the Lords of Session.

MINUTE LXXIII.

Wednesday 12. February 1707.

Prayers said,

Rolls Called,

Thereafter the following Overtures for Acts were given in and read, viz Act renuncing the Reversion of Kirk-lands. Act in favours of the Inhabitants of the Shire of Caithness. Act in favours of the Earl of Linlithgow and Callender. Act for preserving the Game. Act in favours of the Lady Littlegill and her Son. Act in favours of the Earl of Cromerty. And a first reading ordered to be marked on each of the said Acts.

Moved to proceed to the Act for Plantation of Kirks, &c. and also moved to proceed to the Act for additional Proemiums on Ex|portation of Victual.

And after Reasoning thereon, it was agreed to proceed first to the Act for Plantation of Kirks, &c. and after the same is finished to proceed immediately thereafter to the Act for additional Proe|miums.

Then the Act for Plantation of Kirks, &c. was read; And after some Reasoning thereon, the further Debate was adjourned till next Sederunt of Parliament.

Agreed, That the Parliament, will next Sederunt proceed to Elect the Representatives for Scotland to the first Parliament of Great-Britain, and it was intimate to the Members to prepare for the said Election against that time; And agreed that the Parliament will thereafter proceed to the Act for Plantation of Kirks, &c. previous to all other Business after the Election, and then to the Act anent Drawbacks on Victual.

The second Sederunt of Parliament next Week appointed for private Business.

Adjourned till to Morrow at Ten of the Clock.

OBSERVATIONS LXXII, LXXIII.

The Parliament now drawing near a close, a great deal of private Business crowded on the House, so that sometimes little was done as to the Publick, which is the Reason of joyning these Observations upon Two or Three Days at a Time.

The Affair of the Act for Plantation of Kirks, &c. I have spoken of already; And as this only took up the the Work of these Two Days, I mean as to publick Business, there needs no further Remark upon them.

MINUTE LXXIV.

Thursday 13. February 1707.

Prayers Said,

Rolls Called,

Then the Parliament, conform to the Minutes of the last Sede|derunt, proceeded to Elect the Representatives for Scotland to the First Parliament of Great Britain, and the Three Estates having se|parated to their usual Places, they returned and reported their res|pective Elections, and the List of their Representatives is as follows,

Of the Nobility, the Duke of Queensberry Lord High Commissio|ner, the Earl of Seafield Lord High Chancellor, the Marquess of Montrose Lord President of the Privy Council, the Marquess of Tweeddale, the Marquess of Lothian, the Earls of Mar and Low|doun principal Secreraries of State, and the Earls of Crafurd, Suther|land, Roxburgh, Wemyss, Leven, Stair, Roseberry, Glasgow Thesaurer-Depute, and Ilay.

Of the Barons, William Nishet of Dirletoun, John Cockburn young|er of Ormistoun, Sir John Swintoun of that Ilk, Sir William Ker of Greenhead, Archibald Douglass of Cavers, William Bennet of Grubbet, Mr. John Murray of Bowhill, Mr. John Pringle of Haining, William Morison of Prestoungrange, George Baillie of Jerviswood, Sir John John|stoun of Westerhall, Mr. John Stuart of Sorbie, Mr. Francis Montgome|ry

of Giffan, Mr. William Dalrymple of Glenmure, Sir Robert Pollock of that Ilk, John Hadden of Glenagies, Mungo Grahame of Gorthie, Sir Thomas Burnet of Leyes, Sir David Ramsay of Balmain, William Seton younger of Pitmedden, Alexander Grant younger of that Ilk, Hugh Ross of Kilravock, Sir Kenneth Mackenzie, Mr. John Campbell of Memmore, Sir James Campbell of Auchinbreck, James Campbell younger of Ardkinglass, James Halyburtoun of Pitcur, Alexander Aber|crombie of Glassoch, Alexander Douglass of Eagilshaw, and John Bruce of Kinross.

Of the Burrows, Sir Patrick Johnstoun, Lieutenant Colonel John Areskine, Hugh Montgomery, James Scot, Sir John Areskine, Mr. Pa|trick Moncreiff, Sir Andrew Home, Sir Peter Halket, Sir James Smollet, Sir David Dalrymple, Mr. John Clerk, Mr. Patrick Ogilvie, George Allardice, Daniel Campbell, and Mr. Alexander Maitland.

Adjourned till Monday next at Ten of the Clock.

OBSERVATION LXXIV.

It was sufficiently known, That Her Majesty designed the Parliament then sitting in England should, in Conjunction with the Representatives from Scotland to be Chosen, make up the first Parliament of Great Britain, tho' the Proclamati|on was not exhibited till a great while after, nor did the Queen signifie Her Intentions on that Head to the English Par|liament till the Twenty Fourth of April after—; How|ever, as this Matter had cost some Debate in the House, and was at last Resolved on, they made their Election as per the Minute; The Opposers of the Union made a Noise, said they had chosen all their own Creatures, that they were Partial to a Party, and the like; But the Time of Taking Notice of such Things was now over, the Election was made calmly enough, and the Names immediately published all over the Kingdom, besides being put in the Minutes as above.

MINUTE LXXV.

Monday 17. February 1707.

Prayers said,

Rolls Called,

Then the Act for Plantation of Kirks, &c, again read, and was thereafter read by Paragraphs, and after the first Paragraph was read, It being moved, That the Matter of Plantation of Kirks, &c. be remitted to a Commission; After Debate thereon, the Questi|on was put, If the Matter of Plantation of Kirks and Valuation of

Teinds shall be remitted to a Commission, or to the Lords of Coun|cil and Session, and it carried, to the Lords of Council and Session.

Then a Clause was offered in favours of the Macers of Privy Council in these Terms, Declaring, That the Macers of Privy Council, who, by their Gifts, did attend and officiate before the said Commission of Parliament, shall continue to attend and offi|ciate before the said Lords of Session, in the Matter committed to them by this Act, as they were in use to do before the said Commission, and none else, and after Reasoning thereon, the Vote was put, Add the Clause, or Not; and it carried, Add.

And after some Amendments, the said Act was read over, then the Vote was put, Approve of the Act, or Not; and it carried, Ap|prove.

Thereafter the Draught of an Act for Additional Proemiums on the Exportation of Victual till the First of May next, again read, and af|ter Reasoning thereon, and the Addition of a Clause thereto, it was put to the Vote, Approve of the Act, or Not; and it carried, Not.

Then the Act Dissolving the Fen-duties of Kirk-lands from the Crown, and Discharging the Reversion thereof, again read, and after some Amendments, it was put to the Vote, Approve the Act, or Not; and it carried, Approve.

Overture for an Act concerning Chirurgeons and Apothecaries in Edinburgh, given in and read, and it was put to the Vote, Mark a first Reading thereon, or order it to ly on the Table, and it carried, Mark a first Reading; and the same was ordered to be Printed before a second Reading.

Adjourned till Thursday next at Ten of the Clock.

MINUTE LXXVI.

Thursday 20. February 1707.

Prayers Said,

Rolls Called,

Draught of an Act, Discharging Musters and Rendezvouzes, and Prorogating the Suspension of the Clause in the Act of Security thereanent, till the First Day of January next to come, given in and read, and a first Reading ordered to be marked thereon.

Adjourned till to Morrow at Ten of the Clock.

MINUTE LXXVII.

Friday 21. February 1707.

Prayers said,

Rolls Called,

Then the Act Discharging Musters and Rendezvouzes, till the First Day of January next, and Prorogating the Suspension of the Clause in the Act of Security thereanent till the said time, which is in these Terms, That the whole Protestant Heretors, and all the Burghs within this Kingdom, shall furthwith provide themselves with Fire Arms for all the Fencible Men who are Protestants within their respective Bounds, and the said Heretors and Burghs are thereby Impowered and Ordained to Discipline and Exercise their Fencible Men once in the Month at least; was read a second time, and after some Amendments and Reasoning thereon, the Vote was put, Approve of the Act, or Not; and it car|ried, Approve.

Agreed, That the Parliament will next Sederunt take into their Consideration the several Reports of the Committee anent the Coyn, The Accompts of the African and Indian Company, and anent Publick Debts, and that the Petition for Colonel Patrick Ogilvie of Carnes, Sir John Schaw of Greenock, and Sir Archibald Campbell of Clunies, be likewise taken into Consideration the first Sederunt for private Business, previous to all other.

Thereafter the Act anent Plantation of Kirks and Valuation of Teinds, and the above Act discharging Musters and Rendezvouzes, &c. were both touched with the Royal Scepter by Her Majesties High Commissioner in the usual manner.

Adjourned till Wednesday next at Ten of the Clock.

OBSERVATIONS LXXV, LXXVI, LXXVII.

The Church Act about Kirks and Teinds was now settled, the Motion of having these things still referred to a Parlia|mentary Commission was thought to proceed from these, who were willing it should remain in the same Condition it had lyen in for a long time, viz. Ʋnsettled and Ʋnprovided for, since it must yearly put the Persons concerned to make Appli|cation to the Parliament of Britain, which was Remote, and very Troublesome to get such Commission settled, or Triennial|ly at least—; And whereas, while it lay before their own Parliament, it had, for some Years, been Unsettled; and the Church left, as it were, Unregarded in those Affairs, it might much more be supposed to be neglected, if referred to the British Parliament—; That, at the end of every Par|liament, which, at furthest, would be but Three Years, this

Matter behoved to be laid before them again, and diligent|ly solicited, in order to have it effectually settled—; This therefore was vigorously opposed, and it was carryed to be referred to the Lords of the Session, as per the Act. Vide the Appendix, N^o. K xx.

The Proemiums and Drawbacks on the Exportation of Corn had been settled, as before is observed, and are insert|ed in the Union, as per the Act appears; But, in regard the Union was not to take place till May, and the want of those Allowances might put a Stop to the Exportation in the mean time, and particularly, That there was a great Dutch Fleet and several Norway Ships in the Port of Leith at that time, which would, in case of the Encouragements now to be given, car|ry away a great Quantity of Corn, before the First of May, which Exportation of Corn would be a great Advantage to the Counny, therefore this short lived Act was proposed for the Encouragement of Trade: But it was alledged, That the Term of the Commencement of the Union was so near, that no Convoy would stir, or Ships sail, before that time would be come, and the Advantages would be the same to the Merchant; Upon which, the Bill was dropp'd in the House, and came to nothing.

The Debate about the Chirurgeons and Apothecaries, never came to any Head, the Design was to Authorize the Apothecaries and Chirurgeones, to Administer Physick with|out the Assistance or Prescription of the Physicians, in Ex|traordinary cases—; It would have been perhaps a a contested Thing, if the House had been of longer Con|tinuance, but the End of the Parliament being so near, there was no Time for it.

The Act about Kirk-lands, and Discharging the Feu-duties, was a necessary Law at that Time, in some special Causes, and met with no Opposition.

The House sat on Thursday the Twentieth of February, but was wholly Imployed about private Business, which I have all along Omitted, as not to the purpose; on the Twenty First they did little, but read the Bill about Prohibiting Musters, &c. and past it with the Church Act.

MINUTE LXXVIII.

Wednesday 26. February 1707.

Prayers said,

Rolls Called,

Report of the Committee anent the Accompts of the African and Indian Company, was brought in and read; and it was moved that the same should be Printed for Information.

Moved also, to proceed to the Consideration of the said Report, and that the same be read and proceeded on Paragraph by Para|graph.

And after Reasoning thereon, the Vote was stated, Proceed to the Consideration of the Report, or Print the same.

And before Voting, it was agreed, that if it should carry Print, the same should notwithstanding thereof be proceeded on the next Sederunt of Parliament.

Then the Vote was put, Proceed, or Print, and it carried Print

Adjourned till Monday next at Ten of the Clock.

MINUTE LXXIX

Monday 3. March 1707.

Prayers said,

Rolls Called,

Report of the Committee anent the Accompts of the African and Indian Company again read.

As also, an Overture anent the Accompts of the said Company brought in and read, and after Discourse thereon, It was moved to proceed on the Report of the Committee.

Moved also, to delay proceeding till the next Sederunt of Par|liament, that the Overture be Printed; And after Debate, it was put to the Vote, Proceed to the Report of the Committee, or Print the Overture; and it carried Print.

Representation from the Council of Trade, reporting to the Par|liament their procedure, and recommending their Clerk and other persons imployed by them, for a Gratification for their pains, read; And it was agreed, to give the Council of Trade the Thanks of the House for their pains and Attendance, and to take the case of the Clerk and other persons imployed by them to consideration when the Parliament comes to consider the publick Debts.

Adjourned till Wednesday next at Ten a Clock.

MINUTE LXXX.

Wednesday 5. March 1707.

Prayers Said,

Rolls Called,

Petition for the Officers of the Army, in relation to the pay|ment of their Arrears read, and it was agreed that the same shall be

taken to Consideration when the Parliament comes to consider the publick Debts.

Report of the Committee anent the Accompts of the African and Indian Company again read; As also the Overture anent the Ac|compts of the said Company: And after reasoning thereon,

It was agreed, that those of the African Company who payed the first Moiety of the seven and a half per Cent. and therein got allowance of the Annualrent of twenty five per Cent. formerly payed from the first of June 1696, till the first of August 1698, shall not now have allowance of the Annualrent of the said twenty five per Cent. preceeding the first of August 1698, and remitted to the Com|mittee to rectifie the Accompt accordingly.

The Committee appointed to meet to Morrow at Nine of the Clock.

Adjourned till Friday next at Ten a Clock.

MINUTE LXXXI.

Friday 7. March 1707.

Prayers said,

Rolls Called,

This Day the Parliament was only Imployed on private Business.

OBSERVATIONS LXXVIII, LXXIX, LXXX, LXXXI.

The House had now very little publick Business before them, the Affair of the African Company, and such Things as related to the payment of the Equivalent were the principal Matters; And this is the Reason of putting so many days Minutes together, in which I omit the private Affairs before them, as not to my purpose.

The Committee had been long upon the Affair of the Equi|valent, they had settled the Coin, and given in the Report as before; The next thing was, to state the Accompts of the African Company, and this having taken them up a great deal of Time, was at last settled, and Reported by the Committee, and is as follows.

REPORT Of the Committee concern|ing the Indian and African Company.

Edinburgh 21. February 1707.

THe Committee to whom it was Remitted, to consider what the Capital Stock and Interest of the African Company may amount to; And how and to whom the same shall be pay'd,

Having considered the foresaid Remit with a Representation given in to them by the Directors of the said Company, and the Com|panies Books and Accounts of Money payed in to them, with the Instructions relative thereto, and a Report of a Sub-Committee of their Number, who did Inspect and Examine the said Companies Books, with the saids Accounts and Instructions, and did Calculate the Sums therein contain'd, FIND, that the total Capital Stock advanced by the Proprietors of the said Company, with Interest thereof at five per Cent. from the respective Terms at which the same was payable, to the first of May One Thousand seven Hundred and seven, extends in all to Two Hundred and Twenty Nine Thou|sand Four Hundred and Eighty Two Pounds Fifteen Shillings one Penny and Five Sixths of a Penny Sterling; And that the total Ac|counts of the Debts due by the Company, the Instructions whereof were also produced to and considered by the Committee, extends in Principal and Interest to the Sum of Fourteen Thousand Eight Hundred and Nine Pounds Eighteen Shillings Eleven Pence Sterling; Both which Sums together amount to Two Hundred and Fourty Four Thousand Two Hundred and Ninety Two Pounds, Fourteen Shillings and Five Sixths of a Penny Sterling, out of which Sums is to be deduced, of Money Lent to severals of the Proprietors, with the Interest thereof, the Sum of One Thousand One Hundred and Twenty Six Pounds Thirteen Shilling Nine Pence, and Five Sixths of a Penny; So that there remains yet due to the Proprie|tors of the said Company of neat Ballance upon the first of May next, the Sum of Two Hundred and Fourty Three Thousand, One Hundred and Sixty Six Pounds Three Pence Sterling; Which Sums the Committee are of Opinion should be payed in to the Company, or these Commissioned by them, out of the Equivalent upon the first Day of May Next. And the Committee are of Opinion, that the Court of Directors and Council General Nominate some parti|cular Persons, who shall be Authorized to receive the hail Capital Stock and Interest payable to the Company, from the Commissioners to be appointed for the Equivalent, and who shall be impowered to grant a Discharge thereof, with absolute Warrandice; And that the saids Persons so to be Named, in Conjunction with a Committee of Parliament, to be Named as Overseers, shall be lyable for the said Money's being truly applyed and payed to the Proprietors without Loss, Delay or Defalcation; And that the Receipts granted by the Companies Cashiers, or Extracts of the Proprietors payment out of their Books, shall be a sufficient Instruction of each Mans share, to Intitle them to demand payment thereof, which Extracts shall be given gratis; And that the Certificate, or Extract out of their Books shall be a sufficient Warrant for a Charge of Horning for payment of their Shares, against the Persons to be named who receives the Money. And the Committee are of Opinion that Gavin Plummer and Andrew Cockburn, who were Cashiers of the said Company when the Sums of Money foresaid were payed in to the Company should now be the Cashiers and Tellers for receiving the

Sums above-written from the Commissioners of the Equivalent, and for paying out and delivering the same to the respective Proprie|tors, and others deriving Right from them, upon the said Gavin Plum|mer & Andrew Cockburn, their finding sufficient Caution of their Faith|fulness in performing the Premisses in the same manner as they found formerly; And in case the said Sum be not pay'd at the said first of May next, to the Persons foresaid, Then, and in that case, the Committee are of Opinion, That the Sum of One Hundred and Fifty Five Thousand and Fifty Four Pounds Fifteen Shillings and Two Thirds of a Penny, as a part of the said Total Sum due and payable at the said first day of May next, should bear Annualrent from and after the said first day of May, during the not payment there|of, and that the Annualrent after the first of May foresaid, effeiring to the said Sum of One Hundred and Fifty Five Thousand and Fif|ty Four Pounds Fifteen Shillings and Two Thirds of a Penny, should be payed out of the Equivalent in the same manner and to the same Persons, as the principal Sum and Annualrents due before the said first of May next.

And also the Committee find, That the Debts due to the Company by the Proprietors of their Subscription-Money, with Interest till the first of May next, extends to the Sum of Twenty Two Thousand Nine Hundred and Fifty One Pounds Three Shillings Three Pence and Three Sevenths of a Penny, which Sum the said Committee are of Opinion, needs not be sought in from the said Debitors, in re|gard the same behoved to be payed back to them, and would in|crease the Capital Stock due to the Company.

And the Committee find, That the Dead Stock belonging to the said Company, and consisting of the Ship the Caledonia lying in the River of Clyde, with her Furniture, Guns, and Apparelling, That Lodging at the Back of Milns Square over against the Tron-Kirk, with some little Houshold Plenishing therein, and the Companies Share of the Cargo of the Speedwel Shipwracked in the East-Indies, effeiring to the Stock of Six Hundred Pounds Sterling, with the Bur|den of Cellar Rent of the Stores of the Caledonia, and the Expences of keeping the said Ship after the first of May, and of the Fraught, Seamen and Factors Wages of the said Cargo of the Speedwell, and other supervenient Charges upon the said Ship and Cargo, doth, in the whole, extend to One Thousand Six Hundred and Fifty Four Pounds Eleven Shillings and Two Thirds of a Penny Sterling; As to which, the Committee having considered, That the Commissio|ners of the Council General and Directors, who are to Receive the Money, and grant Discharges therefore, are not only to be bound in absolute Warrandice by the said Discharges, but be obliged to give personal Attendance both at receiving in and giving out the said Money, and to keep an Office for that Effect, and to pay Ca|shiers, Tellers and Book-keepers, and to provide Books, Chests and other Conveniencies for receiving and keeping the Money, until it be payed out, and will be likeways obliged and burdened to im|ploy Advocates, Writers and other Persons, for Advising the Dis|charges

to be granted at receiving, and paying out of the Money, and defending Processes on Competition of Rights, or making up of sufficient Titles in the Person of these who are to receive out the Money, and the necessar Attendance and Loss of Time of the saids Commissioners of the Council General and Directors, both for by|gones and in time coming, and the Losses upon Telling at receiv|ing in and giving out of the Money; The said Committee are of Opinion, That the foresaid Dead Stock, extending in hail, with and under the said Burden, to the said Sum of One Thousand Six Hundred and Fifty Four Pounds Eleven Shillings and Two Thirds of a Penny Sterling, ought to be allowed to the said Company, and retain'd by them for the Ends and Uses foresaid, and particularly, to enable the Council General and Directors of the said Company to pay such necessary Allowances & Satisfaction to the several Gentlemen who suffered in their Persons and Goods for the Companies Services, as their Services, Losses and Sufferings do justly merit.

And the Committee having considered the Act of Parliament esta|blishing the Company, Privileges therein-contained, and that part of the Representation relating thereto, They are of Opinion, That, when the Company is Dissolved, and the Capital Stock and Interest paid in by the Commissioners, and others intrusted with the Equivalent, to the Hands of the Commissioners appointed by the Council General and Directors to receive the same, every Proprietors Share may be recovered out of the Hands of the said Commissioners, to be appointed by the said Council General and Directors, as other Money belonging to private Persons.

Sic Subscribitur HADDINGTOUN I. P. C.

On the Third of March the Report of the Committee was only again read, and little done, the Day being taken up on private Business.

On the Fifth they spent a little Time in considering fur|ther the Report of the Committee—, and read an Over|ture concerning the Debts of the Company, which, as it was the Foundation of the Act that afterwards passed, and by which all this Matter was settled, I think it very needful to publish it, and have therefore placed it in the Appendix, N^o. A x x.

Upon this Overture, as is above noted, together with the Report of the Committee, the Act for settling the pay|ment of these Things out of the Equivalent to the African Company was built, and the Regulation being exactly set down in the Print, any further Observation seems need|less.

MINUTE LXXXII.

Monday 10. March 1707.

Prayers Said,

Rolls Called,

Thereafter the Six Clerks of Session were Recommended to Her Majesty, and to the Lords Commissioners of Her Majesties Thesaury and Exchequer, and other Managers of the publick Revenues, for payment of the Gratification allowed to them by the Parliament, for their Pains and Services in the Terms of a Recommendation thereanent.

Report brought in from the Committee, to whom it was remit|ted the fifth instant, to reconsider the Accompt due to the Indian and African Company was read; whereby deducing the Annual|rents formerly allowed by the Company, the Total of the Sums due to the Company of Stock, Interest and Debts at the first of May next, will only extend to L. 232884 05 ⅔ Sterling.

And after some Reasoning thereon, the Vote was put, Approve of the above Sum as the Quota, Yea, or Not; and it carried, Ap|prove.

Thereafter it was moved, That seeing the Quota due to the Indi|an and African Company was now established, that the Distribution of the above Quota shall be committed to the Commissioners ap|pointed, or to be appointed for disposing of the Equivalent, who are to be under the same Obligations and Qualifications, and lyable to the same Diligence to the several Proprietors and Creditors of the Company, as is contained in the Report of the Committee.

And it was also moved, That the above hail Quota shall be payed in together to such Persons as are, or shall be appointed by the Council General or Directors of the Company, for distributing thereof in the above Terms.

And after some Debate, a Vote was stated, Whether the Quota due to the Indian and African Company shall be payed by the Commis|sioners for disposing of the Equivalent (who shall be lyable conjunctly and severally in solidum to a Charge of Horning as upon Forreign Bills and Inland Precepts, and that the payment shall be made by the said Commissioners to each particular Proprietor without Delay, Loss or De|falcation, and that the saids Commissioners, nor any of them, or any other in their Name upon their Account, or for their Behove, shall not take Right to the saids Debt, or make Compositions or Transactions there|anent, under the Pain of Infamy and other Pains of Law;) or to Per|sons to be appointed by the Council General and Directors of the Company.

But before Voting, it was agreed, That the Members Votes be marked, and that the List of their Names, as they shall Vote, be Printed and Recorded.

Then the Vote was put, Whether the Money shall be payed by the Disposers of the Equivalent to the Proprietors; or, to Persons to be ap|pointed by the Council General, and it carried, to the Proprietors.

Ordered, That the Directors of the Indian and African Company shall, betwixt and the first day of May next to come, make up ex|act Lists of the respective Debts which then fall due to the several Proprietors of the said Company, or to such Persons to whom the same is transferred by the first Proprietors, and that the said Lists so made up shall be subscribed by Five of the Directors, and by them be delivered in to the Managers of the Equivalent, betwixt and the said Day.

As also Ordered, That the said Directors shall, when required, give out to every Proprietor, or Person, in whose favours Trans|ferrences are, or shall be made, exact Abbreviates of the particular Sums which fall due to each of them, at the said first Day of May next, subscribed by Three of the said Directors, and that gratis, in Order to the Proprietors or Persons, to whom the same is transferred, their demanding payment thereof, or using Diligence therefore.

Ordered likeways, That the said Directors shall, betwixt and the said first Day of May next to come, make up an exact Accompt of all Debts due by the said Company, and to whom, and of the Ex|tent of every Creditors Debt at the said first Day of May next, and that they shall, betwixt and the said Day, deliver to the Disposers of the Equivalent, the said Accompt duly subscribed by Five of the said Directors; As also, That they shall give out to every Creditor an Abbreviate of the particular Debts due to him gratis, which is to be subscribed by Three of the said Directors to the effect fore|said.

Ordered, That Diligence shall pass, and be directed at the In|stance of the Disposers of the Equivalent against the Directors of the said Company, for recovering exact Lists and Accompts of all the Debts of the Company immediately after the said first Day of May next, in case of their Deficiency.

Ordered also, That the said Directors shall, betwixt and the first Day of May next, make up and deliver in as above, exact Lists and Accompts of the dead Stock of the said Company, and that the said Directors shall have Allowance of the Sum of 300 lib. Sterling, out of the first and readiest of the Price of the Companies House to be disposed of by them, for defraying the Charges of making up the Lists and Accompts.

And upon a Petition given in by Captain Colin Campbell, Cap|tain Charles Stuart, Lieutenant Robert Turnbul, who were Sufferers and Losers in the Companies Expedition and Service, there was a Sum allowed to them out of the said dead Stock, conform to an In|terloquitor on their Petition.

Agreed also, That, upon the Commissioners for disposing the Equivalent, their receiving of the above Sum of 232884 lib. 5 sh. ⅔ Sterling, there shall be a Proclamation issued from the Privy Coun|cil,

certiorating the Liedges, That the said Sum is in their Hands, and thereupon agreed, that the said Company be dissolved.

Report brought in from the Committee anent the Coyn was read, and the further Consideration thereof delayed till next Sederunt of Parliament.

Adjourned till to Morrow at Ten of the Clock.

MINUTE LXXXIII.

Tuesday 11. March 1707.

Prayers said,

Rolls Called,

Report brought in from the Committee, anent the payment of some Debts found due by the African and Indian Company, not formerly stated out of the dead Stock of the said Company, and recommending several other persons in Consideration of their Losses and Sufferings, to be payed out of the said dead Stock read, and the Report approven, as to the payment of the Company's Debts out of the dead Stock, and the Remainder of the said dead Stock after payment of 650 lib. sterl. formerly appointed to be payed furth thereof, and after payment of the above Debt: was granted to be applyed and divided amongst the persons mentioned in the said Re|port, and among the Representatives of Mr. Alexander Ogilvie, An|drew Brown, Hugh Ross, and Captain Alexander Montgomery, and none other, by such Proportions as the Committee shall think fit, to whom the Determination thereof is remitted.

Report of the Committee anent the Coyn again read, and the first Paragraph thereof thereafter read, and after some debate there|on, the further Consideration adjourned till next Sederunt of Parlia|ment.

Adjourned till Thursday next at Ten a Clock.

MINUTE LXXXIV.

Thursday 13. March 1707.

Prayers said,

Rolls Called,

Report of the Committee anent the Coyn again read, and upon reading of the second Paragraph of the said Report, that for making up of the Losses which private Persons may sustain by the English Money as its now current in this Kingdom; particular Persons be

appointed, before whom all persons are by Proclamation to be re|quired to compear and tell down what English Money they have.

It was moved, that the filling up of the Persons and Places where the Money is to be told down, be remitted to the Privy Council.

And after some Discourse thereon, the Vote was put, Remit to the Privy Council to name the Persons, Places and Time; Or, determine in Parliament, and it carried Remit.

Agreed, that the Loss by the Silver coyned is only to be made up.

And after several other Additions and Amendments, the Report of the Committee as amended was approven nemine contradicente.

And it was remitted to the Privy Council to emit a Proclamati|on thereant, in such Terms, and with such Orders, and appointing the Execution thereof after such Method and Manner as they shall think fit, conform to a particular Remit and Order of Parliament thereanent.

Adjourned till Monday next at Ten of the Clock.

MINUTE LXXXV.

Monday 17. March 1707.

Prayers Said,

Rolls Called,

Overture for an Act for selling Herring by Measure, read, and Or|dered to be Printed.

Overture for an Act for Rescinding the 15 Act of the 5 Session of King William's Parliament, Entituled, Act for Encouragement of Freachers at Vacant Churches be North Forth; and the 13th Act of the 6th Session of King Williams Parliament, Entituled, Act in favours of the African and Indian Company, Read, and ordered to ly on the Table.

Overture for an Act for payment of the Capital and Interest to the Proprietors of the African and Indian Company of Scotland out of the Equivalent, read, and after some Amendments, a first read|ing ordered to be marked thereon, and ordered to be Printed be|fore a second reading.

Act for Burying in Woollen read a second time, and after reason|ing thereon, it was put to the Vote, Approve of the Act or Not; and it carried Approve.

Overture for an Act concerning Chirurgeons and Apothecaries in Edinburgh, read a second time.

Petition for the Royal Colledge of Physicians in Edinburgh against the said Act also read, and after reasoning, it was moved that the Physicians ought to be cited before the Act can pass; And it was

also moved, that the Physicians be heard thereanent next Sederunt of Parliament.

And after further reasoning, the Vote was stated, Hear the Parties Procurators next Sederunt, or Cite; and it carried Cite.

Adjourned till Wednesday next at Ten a Clock.

OBSERVATIONS LXXXII, LXXXIII, LXXXIV, LXXXV.

The Committee had now settled the Sum, which in the Gross was to be paid to the Proprietors of the African Com|pany; the Question that remained, was, by what Method it should be Distributed, and to whom it should be paid—; Two Motions were made about it.

• 1. That it should be paid out by the Commissioners who were to be appointed for the general Distribution of the Equivalent, and by them immediately paid to the Persons, who had a Right to the payment by Act of Par|liament.
• 2. Some thought this was Dishonourable to the Di|rectors of the Company, and they moved, that they should appoint Persons to Receive and Distribute the Money, but this last met with very little Approbation.

I care not to take notice of some Disputes that happened upon this Occasion, because they seemed to make Personal Reflections—; and only signified, that some People were more Jealous of one another, than I hope there was occasion for on either Side—; But it was evident, the People who were to receive the Money, were Generally most Concerned to have it paid them by the Commissioners of the Equivalent immediately, as being the surest Method, and so it was at last agreed.

The Money being thus Directed, and who should have the payment, it is not Material to take notice of the several Claims put in, Debts demanded of the Company, and Services to be rewarded, they were all matter of private Interest, and I omit them of course.

The Affair of the Coyn, and the Report of the Committee, I have Noted already, and as it issued in a Proclamation, and that Proclamation recited the Report of the Committee, I have inserted the whole in the Appendix N^o L x x.

On the Seventeenth the Act for the payment of the Capi|tal and Interest of the African and Indian Company was read, & little more but private Business was done, the Union was now Finished in England, and expected down every day, & the Par|liament, saving the dispatch of some private Bills, had no|thing

before them but the African Affair; which held them just to the end of their Time.

MINUTE LXXXVI.

Wednesday 19. March 1707.

Prayers said,

Rolls Called,

Then my Lord Commissioner made the following Speeech, viz. My Lords and Gentlemen, I have received by Her Majesties Command an Exemplification, under the Great Seal of England, of the Act past in the Parliament of that Kingdom, Ratifying the Treaty of Ʋnion in the same terms as the Treaty was past here.

Her Majesty orders it to be inserted in the Books of Parliament, and to remain with the Records of this Kingdom; for which end I have put it in my Lord Clerk Registers Hand.

My Lords and Gentlemen, It is a great satisfaction to the Queen that the Ʋnion is thus happily concluded in Her Reign, and I'm com|manded by Her Majesty to assure you, that nothing shall be omitted on Her part, to make the whole Island feel the good Effects of it.

And as I doubt not but the finishing of this great Affair is acceptable to you, so I hope you will study to promote a cordial Ʋnion with our Neigh|bours, for the greater Happiness and Advantage of both Kingdoms.

Then the Exemplification of the Act of the Parliament of Eng|land ratifying the Treaty of Union betwixt Scotland and England, under the Great Seal of England, was read, and ordered to be re|corded.

Act for securing the Protestant Religion and Presbyterian Church Go|vernment. Act ratifying and approving the Treaty of Ʋnion of the two Kingdoms of Scotland and England, And Act for settling the manner of Electing the sixteen Peers and fourty Members to represent Scotland in the Parliament of Great-Britain, were ordered to be Proclaimed and Printed.

Thereafter the Act for payment of the Capital and Interest to the Proprietors of the African and Indian Company of Scotland out of the Equivalent, was again read: As also read over by Paragraphs.

And upon reading the last Paragraph, a Petition for the Earl of Crawfurd, craving that a Debt due to the deceast Major John Lind|say by the African Company, might be allowed out of their Effects, was read, and an allowance was granted in the terms of a delive|rance thereon.

As also, upon another Petition given in by the Relict of Captain Baillie, who died in the said Companies Service, for some Allow|ance for her great Loss, an Allowance was also granted to her in

the terms of a deliverance thereon; and after several Amendments were made upon the said Act, the same was voted and approven.

Adjourned till Friday next at Ten a Clock.

OBSERVATION LXXXVI.

Now the Work drew towards a Close, the long Hopes of those People who promised themselves Doubts, Delays, and long Hesitations in England, were intirely Vanished, and People were generally surprized at, the Treaty being so readily and so summarly past in England; The Gentlemen on the other Side, had two kinds of Expectation from the Parliament of England.

• 1. Delay and length of Time, in Debating and Dis|puting, with Amendments, Conferences, and free Con|ferences between the Upper and Lower House of Parlia|ment in England, according to the known Way and Usage, in Cases of such Difficulty as this was.
• 2. Amendments or Alterations, which might occasi|on the respective Articles so Amended, to be Remitted or Returned to the Parliament of Scotland to be Recon|sidered, by which means not the particular Articles only, but perhaps the whole Treaty might necessarily go thro' the Hands of the Parliament in Scotland again, and so the Time which began to approach, viz. The First of May, at which Time the Union was to take place, should be Elapsed; and so it might be put off to another Parliament, and the Work be to be done over again.

But all Men were surprized, when they understood the Parliament of England had past it in the Gross, without the least Deviation, Alteration or Amendment.

The Additions which the English Parliament made, by inserting the Act of Security for the Church of England in the Body of the Union, agreeable to the same in Scotland, was nothing but what was provided for, according to that Clause before Noted, in these Terms, That the Parliament of Eng|land may provide for the Security of the Church of England, as they think expedient, to take place within the said Bounds of the Kingdom of England, and not Derogating from the Security above provided, for Establishing the Church of Scotland within the Kingdom of Scotland, as per the Act of Ratification appears; which Ratification with the Exemplification as it came down from England, is at large Printed immediately after these Minutes.

MINUTE LXXXVII.

Friday 21. March 1707.

Prayers said,

Rolls Called,

Upon a Representation by the Directors of the African Company, That, since the Committees Report anent the Debts of the said Company, and Act of Parliament thereupon, there appears some small Claims against the Directors upon the Companies Accompt; The Parliament did recommend to the Commissioners for the Equi|valent, to pay such further Sums, as shall be duly instructed by the Directors on the Companies Accompt, not exceeding the Sum of One Hundred and Fifty Pounds Sterling.

Warrant granted to cite the Physicians of the Royal Colledge of Edinburgh in common Form, upon a Petition given in by the Chi|rurgeon Apothecaries.

Report of the Committee anent the publick Debts read, and an Overture for an Act concerning publick Debts also read; and a first Reading ordered to be marked thereon, and ordered to be Printed before a second Reading.

Adjourned till Monday next at Ten of the Clock.

MINUTE LXXXVIII.

Monday 24. March 1707.

Prayers said,

Rolls Called,

Additional Lists of Commissioners of Supply for several Shires gi|ven in and read, and ordered to be added to the Commissioners formerly named for the said respective Shires:

Thereafter the Act concerning publick Debts read a second time, and again read over by Paragraphs, and after some Amendments and Additions, the Acts as amended was voted and approven.

Then it was moved, That now, in the Conclusion of the Parlia|ment, a Letter to Her Majesty be brought in, and a Draught of a Letter being accordingly brought in and read, the same, after some Amendments, was voted and approven.

Thereafter the following Petitions, viz. Petition Thomas Lockhart Surveyer at Leith, Petition Ensign William Dick, Petition Mr. Robert Henderson Bibliothecar of the Colledge of Edinburgh, were all mov|ed,

and recommended to Her Majesty in the Terms of the Delive|rances on their respective Petitions.

Petition Alexander Black and Partners of a Starch Manufactory for endowing their Work with the Privileges of other Manufactories, and for imposing a Duty on Forreign Starch, read, and the Desire thereof granted in part, conform to a Deliverance on the Petition.

James Finlayson Servitor to Mr. Robert Alexander one of the Clerks of Council and Session, Recommended to Her Majesties Thesaury, conform to a Deliverance on his Petition.

Petition John Hamilton Town Clerk of Irvine moved, and recom|mended to Her Majesty in the Terms of a Deliverance thereon.

Adjourned till to Morrow at Ten of the Clock.

MINUTE LXXXIX.

Tuesday 25. March 1707.

Prayers Said,

Rolls Called,

James Cuninghame of Auchinharvie younger, was, upon his Peti|tion, Recommended to Her Majesty in the Terms of the Deliverance thereon.

The Lord President and remanent Lords of Council and Session Recommended in a special manner to Her Majesty for the Augmen|tation of their Sallaries, conform to a Recommendation apart.

The Macers and Clerks Servants, and Keepers and Servants of the House, Recommended to the Lords of Her Majesties Thesaury, for a Gratification for their Attendance and Service this Session of Par|liament, conform to Deliverances on their respective Petitions.

James Steven Usher likeways Recommended to the Lords of The|saury upon a Petition, conform to a Deliverance thereon.

William Bayne, upon a Petition, Recommended to Her Majesty, conform to the Deliverance on the said Petition.

Acts of Ratification in favours of several Persons read and past.

Protestation taken in favours of the Duke of Hamilton against one of the above Ratifications in favours of the Duke of Douglass, in so far as concerns his first Vote in Parliament, and other Preceden|cies therein-mentioned.

As also several Warrants for Fairs read and granted.

Ordered, That the Fairs granted this Session of Parliament, if not Extracted within Six Months, shall be void and null.

It being moved to Recommend Mr. William Paterson to Her Ma|jesty for his good Service; after some Reasoning thereon, it was put to the Vote, Recommend him to Her Majesty, or Not; and it carried, Recommend.

Alexander Baillie Servitor to the Lord Register Recommended to the Lords of Thesaury, on a Petition conform to Deliverance thereon.

The following Acts, viz. Act in favours of the Incorporations of Edinburgh for a Maiden Hospital, Act in favours of the Town of Dun|dee, Act in favours of the Town of Aberdeen, Act in favours of the Duke of Hamilton and Town of Borrowstounness, Act in favours of the Burgh of Kirkaldie, Act renouncing the Reversion of Kirk-lands, Act in favours of the Burgh of Kinghorn, Act for clearing the Passage through the Mary-Wynd in the Burgh of Stirling, Act in favours of the Earl of Linlithgow and Callendar, Act in favours of the Lady Littlegil and her Son, Act of Naturalization of John Henry Hugue|tan, Act for the Naturalization of several Forreigners, Act for preserv|ing the Game, Act in favours of the Earl of Buchan, Act of Dissolution of the Mines and Minerals belonging to his Grace the Duke of Queens|berry, Act for burying in Woollen, Act in favours of the Maiden-Hos|pital, founded by the Company of Merchants and Mary Erskine, Act concerning the payment of the Sums out of the Equivalent to the African Company, and Act concerning the publick Debts, were all touched with the Royal Scepter by Her Majesties High Commissioner in the usual manner.

Act Salvo Jure Cujuslibet read, and it being again read over, it was Voted and Approven, and touched with the Royal Scepter by Her Majesties High Commissioner in the usual manner.

Then His Grace Her Majesties High Commissioner made the fol|lowing Speech.

My Lords and Gentlemen,

The Publick Business of this Session being now over, it is full time to put an end to it.

I am perswaded, That we and our Posterity will reap the Benefit of the Union of the Two Kingdoms, and I doubt not, That, as this Parliament has had the Honour to conclude it, you will, in your several Stations, recommend to the People of this Nation, a Grateful Sense of Her Majesties Goodness and great Care for the Wel|fare of Her Subjects, in bringing this Important Affair to Perfecti|on, and that you will promote an Universal Desire in this King|dom to become one in Hearts and Affections, as we are inseparably joyn'd in Interest with our Neighbour Nation.

My Lords and Gentlemen,

I have a very deep Sense of the Assistance and Respect I have met with from you in this Session of Parliament, and I shall omit no Occasion of shewing, to the outmost of my Power, the Grateful Remembrance I have of it.

Adjourned till the Twenty Second Day of April next.

OBSERVATIONS LXXXVII, LXXXVIII, LXXXIX.

We are now come to the End of the Work, the Exempli|fication of the Treaty had been Read and Recorded, and all things relating to the Union was over.

What follows, amounted to nothing but passing and touching the private Acts of the Parliament that lay yet be|fore them, and recommending to Her Majesty such Persons as the Parliament thought merited well from the Govern|ment, and most of whose Employments were to cease with the Alteration of the Government—; And this being done, the Commissioner concluded the wholewith a Speech as above, and the Parliament broke up—, was Adjourned as per the Minute, and afterward, viz. The Twenty Eighth of April, Dissolved.

Here follows the exact Copy of the Act of Ratification of the Treaty of Union, as it was pass'd in the Parliament of Scotland, with the Exemplification thereof from England, as it stands Recorded in Scotland, by Order of the Parliament there.

ACT Ratifying and Approving the Treaty of the Two King|doms of Scotland and England.

January 16. 1707.

THE Estates of Parliament Considering, That Articles of Union of the Kingdoms of Scotland and England, were Agreed on the Twenty Second of July, One Thousand Seven Hundred and Six Years, by the Commissioners Nominated on Behalf of this Kingdom, under Her Ma|jesties Great Seal of Scotland, bearing Date the Twenty Seventh of Febru|ary last past, in pursuance of the Fourth Act of the Third Session of this Parliament, and the Commissioners Nominated on Behalf of the Kingdom of England, under Her Majesties Great Seal of England, bearing Date at Westminster the Tenth Day of April last past, in pursuance of an Act of Par|liament made in England the Third Year of Her Majesties Reign, To Treat of and concerning an Union of the said Kingdoms; Which Articles were, in all Humility, presented to Her Majesty, upon the Twenty Third of the said Month of July, and were Recommended to this Parliament by Her Majesties Royal Letter of the Date the Thirty One Day of July One Thousand Seven Hundred and Six; And that the said Estates of Parlia|ment have agreed to, and approven of the said Articles of Union, with some Additions and Explanations, as is contained in the Articles hereaf|ter insert. And sicklike, Her Majesty, with Advice and Consent of the Estates of Parliament, resolving to Establish the Protestant Religion and Presbyterian Church Government within this Kingdom, has past in this Session of Parliament an Act, Intituled, Act for securing of the Protestant Religion and Presbyterian Church Government, which, by the Tenor thereof, is appointed to be insert in any Act Ratifying the Treaty, and expresly Declared to be a Fundamental and Essential Condition of the said Treaty of Union in all time coming. Therefore Her Majesty, with Advice and Consent of the Estates of Parliament, in Fortification of the Approbation of the Articles as above-mentioned, and for their further and better Esta|blishment of the same, upon full and mature Deliberation upon the fore|said Articles of Union, and Act of Parliament, Doth Ratify, Approve and Confirm the same, with the Additions and Explanations contained in the saids Articles, in manner, and under the Provisions after-mentioned,

whereof the Tenor follows. I. ARTICLE, That the Two Kingdoms of Scotland and England shall, upon the First Day of May next en|suing the Date hereof, and for ever after, be United into one Kingdom by the Name of GREAT-BRITAIN, and that the Ensigns Armorial of the said United Kingdom be such as Her Majesty shall ap|point, and the Crosses of St. Andrew and St. George be conjoyned in such manner as Her Majesty shall think fit, and used in all Flaggs, Banners, Standards and Ensigns, both at Sea and Land. II. That the Succession to the Monarchy of the United Kingdom of Great-Britain, and of the Do|minions thereunto belonging, after Her most Sacred Majesty, and in De|fault of Issue of Her Majesty, be, remain and continue to the most Ex|cellent Princess Sophia Electoress and Dutchess Dowager of Hannover, and the Heirs of Her Body, being Protestants, upon whom the Crown of England is settled by an Act of Parliament made in England, in the Twelfth Year of the Reign of His late Majesty King William the Third, Intituled, An Act for the further Limitation of the Crown, and better se|curing the Rights and Liberties of the Subject: And that all Papists, and Persons marrying Papists, shall be excluded from, and for ever incapable to inherit, possess or enjoy the Imperial Crown of Great-Britain, and the Dominions thereunto belonging, or any part thereof, and in every such case, the Crown and Government shall, from time to time, descend to, and be enjoyed by such Person, being a Protestant, as should have inhe|rited and enjoyed the same, in case such Papist, or Person marrying a Papist, was naturally dead, according to the Provision for the Descent of the Crown of England, made by another Act of Parliament in England, in the First Year of the Reign of Their late Majesties King William and Queen Mary, Intituled, An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown. III. That the United Kingdom of Great-Britain be Represented by one and the same Parliament, to be stiled the Parliament of Great-Britain. IV. That all the Subjects of the United Kingdom of Great-Britain, shall, from and after the Union, have full Freedom and Intercourse or Trade and Navigation, to and from any Port or Place within the said United Kingdom, and the Dominions and Plan|tations thereunto belonging, and that there be a Communication of all other Rights, Privileges and Advantages, which do or may belong to the Subjects of either Kingdom, except where it is otherwise expresly agreed in these Articles. V. That all Ships or Vessels belonging to Her Maje|sties Subjects of Scotland, at the Time of Ratifying the Treaty of Union of the Two Kingdoms in the Parliament of Scotland, though Foreign built, be deem'd and pass as Ships of the Build of Great-Britain: The Owner, or where there are more Owners, one or more of the Owners, within Twelve Months after the First of May next, making Oath, That, at the time or Ratifying the Treaty of Union in the Parliament of Scot|land, the same did, in hail or in part, belong to him or them, or to some other Subject or Subjects of Scotland, to be particularly Named, with the place of their respective Abodes, and that the same doth then, at the time of the said Deposition, wholly belong to him or them, and that no Foreigner, directly or indirectly, hath any Share, Part or Interest there|in; Which Oath shall be made before the Chief Officer, or Officers of the Customs, in the Port next to the Abode of the said Owner or Owners; And the said Officer, or Officers, shall be Impowered to Administer the said Oath: And the said Oath being so Administred, shall be Attested by the Officer, or Officers, who Administred the same, and being Registred by the said Officer or Officers, shall be delivered to the Master of the Ship for Security of her Navigation, and a Duplicate thereof shall be transmitted by the said Officer or Officers, to the Chief Officer or Officers

of the Customs in the Port of Edinburgh, to be there entered in a Register, and from thence to be sent to the Port of London, to be there entered in the general Register of all Trading Ships belonging to Great-Britain. VI. That all parts of the United Kingdom for ever, from and after the Uni|on, shall have the same Allowances, Encouragements and Drawbacks, and be under the same Prohibitions, Restrictions and Regulations of Trade, and lyable to the same Customs and Duties on Import and Export; And that the Allowances, Encouragements and Drawbacks, Prohibitions, Restrictions and Regulations of Trade, and the Customs and Duties on Import and Export settled in England, when the Union commences, shall, from and after the Union, take place throughout the whole United King|dom, Excepting and Reserving the Duties upon Export and Import of such particular Commodities, from which any Persons, the Subjects of either Kingdom, are specially Liberated and Exempted by their private Rights, which, after the Union, are to remain safe and intire to them, in all respects, as before the same; And that, from and after the Union, no Scots Cattle carried into England, shall be lyable to any other Duties, either on the publick or private Accounts, than these Duties, to which the Cattle of England are, or shall be lyable within the said Kingdom. And seing, by the Laws of England, there are Rewards granted upon the Exportation of certain kinds of Grain, wherein Oats Grinded or Un|grinded are not expressed, That, from and after the Union, when Oats shall be sold at Fifteen Shillings Sterling per Quarter, or under, there shall be payed Two Shillings and Six Pence Sterling for every Quarter of the Oat Meal Exported in the Terms of the Law, whereby, and so long as Rewards are granted for Exportation of other Grains, and that the Bear of Scotland have the same Rewards as Barley. And in respect the Importation of Victual into Scotland, from any place beyond Sea, would prove a Discouragement to Tillage, Therefore, That the Prohibition, as now in Force by the Law of Scotland, against Importation of Victual from Ireland, or any other place beyond Sea into Scotland, do, after the Uni|on, remain in the same Force as now it is, until more proper and effectu|al ways be provided by the Parliament of Great-Britain, for Discourag|ing the Importation of the said Victual from beyond Sea. VII. That all parts of the United Kingdom be for ever, from and after the Union, lyable to the same Excises upon all Exciseable Liquors, excepting only, that the Thirty Four Gallons English Barrel of Beer or Ale, amounting to Twelve Gallons Scots present Measure, Sold in Scotland by the Brew|ar at Nine Shillings Six Pence Sterling, excluding all Duties, and Retail|ed; including Duties and the Retailers Profit, at Two Pence the Scots Pint, or Eight Part of the Scots Gallon, be not, after the Union, lyable, on Account of the present Excise upon Exciseable Liquors in England, to any higher Imposition than Two Shillings Sterling upon the foresaid Thir|ty Four Gallons English Barrel, being Twelve Gallons the present Scots Measure, and that the Excise settled in England on all other Liquors, when the Union commences, take place throughout the whole United Kingdom, VIII. That, from and after the Union, all Foreign Salt, which shall be Imported into Scotland, shall be charged, at the Importa|tion there, with the same Duties, as the like Salt is now charged with, being Imported into England, and to be levied and secured in the same manner. But in regard the Duties of great Quantities of Foreign Salt Imported, may be very heavy on the Merchants Importers, That therefore all Fo|reign Salt Imported into Scotland, shall be Cellared and Locked up under the Custody of the Merchant Importer, and the Officers imployed for levying the Duties upon Salt, And that the Merchant may have what Quantities thereof his Occasion may require, not under a Weigh or Four|ty

Bushels at a time, giving Security for the Duty of what Quantity he receives, payable in Six Months; But Scotland shall, for the space of Se|ven Years from the said Union, be Exempted from paying in Scotland for Salt made there, the Duty or Excise now payable for Salt made in England: But, from the Expiration of the said Seven Years, shall be sub|ject and lyable to proportional Duties for Salt made in Scotland, as shall be then payable for Salt made in England, to be levied and secured in the same manner, and with the same Drawbacks and Allowances as in Eng|land; With this Exception, That Scotland shall, after the said Seven Years, remain Exempted from the Duty of Two Shillings and Four Pence a Bushel on Home Salt, Imposed by an Act made in England in the Ninth and Tenth of King William the Third of England. And if the Parliament of Great-Britain shall, at or before the Expiring of the said Seven Years, substitute any other Fund in place of the said Two Shillings and Four Pence of Excise on the Bushel of Home Salt, Scotland shall, after the said Seven Years, bear a Proportion of the said Fund, and have an Equiva|lent in the Terms of this Treaty: And that, during the said Seven Years, there shall be payed in England, for all Salt made in Scotland, and Im|ported from thence into England, the same Duties upon Importation, as shall be payable for Salt made in England, to be levied and secured in the same manner, as the Duties on Foreign Salt are to be levied and se|cured in England. And that, after the said Seven Years, how long the said Duty of Two Shillings Four Pence a Bushel upon Salt is continued in England, the said Two Shillings Four Pence a Bushel shall be payable for all Salt made in Scotland, and Imported into England, to be levied and secured in the same manner; And that, during the Continuance of the Duty of Two Shillings Four Pence a Bushel upon Salt made in England, no Salt whatsoever be brought from Scotland to England by Land in any manner, under the Penalty of Forfeiting the Salt, and the Cattle and Carriages made Use of in bringing the same, and paying Twenty Shillings for every Bushel of such Salt, and proportionally for a greater or lesser Quantity; for which the Carrier, as well as the Owner, shall be lyable joyntly and severally, and the Persons bringing, or car|rying the same, to be Imprisoned by any one Justice of the Peace by the space of Six Months without Bail, and until the Penalty be payed. And for Establishing an Equality in Trade, That all Fleshes Exported from Scotland to England, and put on Board in Scotland, to be Exported to parts beyond the Seas, and Provisions for Ships in Scotland, and for Fo|reign Voyages, may be Salted with Scots Salt, paying the same Duty for what Salt is so Imployed, as the like Quantity of such Salt pays in England, and under the same Penalties, Forfeitures and Provisions, for preventing of Frauds, as are mentioned in the Laws of England: And that, from and after the Union, the Laws and Acts of Parliament in Scotland, for Pineing, Curing and Packing of Herrings, White Fish and Salmond for Exportation with Foreign Salt only, without any Mixture of British or Irish Salt, and for preventing of Frauds in Curing and Packing of Fish, be continued in Force in Scotland, subject to such Alterations as shall be made by the Parliament of Great-Britain; And that all Fish Exported from Scotland to Parts beyond the Seas, which shall be Cured with Foreign Salt only, and without Mixture of British or Irish Salt, shall have the same Eases, Proemiums and Draw-backs, as are or shall be allowed to such Persons as Export the like Fish from England: And that, for En|couragement of the Herring Fishing, there shall be allowed and payed to the Subjects Inhabitants of Great-Britain, during the present Allowan|ces for other Fishes, Ten Shillings Five Pence Sterling for every Barrel of White Herrings which shall be Exported from Scotland; And that

there shall be allowed Five Shillings Sterling for every Barrel of Beef or Pork Salted with Foreign Salt, without Mixture of British or Irish Salt, and Exported for Sale from Scotland to parts beyond Sea, alterable by the Par|liament of Great-Britain. And if any Matters or Fraud relating to the said Duties on Salt shall hereafter appear, which are not sufficiently provid|ed against by this Article, the same shall be subject to such further Provi|sions, as shall be thought fit by the Parliament of Great-Britain. IX. That, whenever the Sum of One Million Nine Hundred Ninety Seven Thousand, Seven Hundred and Sixty Three Pounds, Eight Shillings and Four Pence Half Penny shall be Enacted by the Parliament of Great-Bri|tain, to be raised in that Part of the United Kingdom now called England, on Land, and other Things usually Charged in Acts of Parliament there, for granting an Aid to the Crown by a Land Tax, That part of the United Kingdom now called Scotland shall be Charged, by the same Act, with a fur|ther Sum of Fourty Eight Thousand Pounds free of all Charges, as the Quo|ta of Scotland to such Tax, and so proportionally for any greater or lesser Sum raised in England by any Tax on Land, and other Things usually Charged, together with the Land; And that such Quota for Scotland, in the Cases aforesaid, be Raised and Collected in the same manner as the Cess now is in Scotland; but subject to such Regulations in the manner of Collecting, as shall be made by the Parliament of Great-Britain. X. That, during the Continuance of the respective Duties on Stampt Paper, Vellum and Parchment, by several Acts now in Force in England, Scot|land shall not be Charged with the same respective Duties. XI. That, during the Continuance of the Duties payable in England on Windows and Lights, which Determines on the First Day of August, One Thousand, Se|ven Hundred and Ten, Scotland shall not be Charged with the same Du|ties. XII. That, during the Continuance of the Duties payable in Eng|land on Coals, Culm and Cinders, which determines the Thirtieth Day of September One Thousand Seven Hundred and Ten, Scotland shall not be Charged therewith, for Coals, Culm and Cinders consumed there, but shall be Charged with the same Duties as in England for all Coal, Culm and Cinders, not consumed in Scotland. XIII. That, during the Continuance of the Duty payable in England on Malt, which deter|mines the Twenty Fourth Day of June, One Thousand Seven Hundred and Seven, Scotland shall not be Charged with that Duty. XIV. That the Kingdom of Scotland be not Charged with any other Duties laid on by the Parliament of England before the Union, except those consented to in this Treaty, in regard it is agreed, that all necessary Provision shall be made by the Parliament of Scotland for the Publick Charge and Service of that Kingdom, for the Year One Thousand Seven Hundred and Seven; Provided, nevertheless, That, if the Parliament of England shall think fit to lay any further Impositions, by way of Customs, or such Excises, with which, by virtue of this Treaty, Scotland is to be Charged equally with England, in such Case, Scotland shall be lyable to the same Customs and Excises, and have an Equivalent to be settled by the Parliament of Great-Britain; With this further Provision, That any Malt to be made and consumed in that part of the United Kingdom now called Scotland, shall not be Charged with any Imposition upon Malt during this present War; And seing it cannot be supposed, that the Par|liament of Great-Britain will ever lay any sorts of Burdens upon the United Kingdom, but what they shall find of necessity at that time for the Preservation and Good of the whole, and with due Regard to the Circumstances and Abilities of every part of the United Kingdom; There|fore it is agreed, That there be no further Exemption insisted upon for any part of the United Kingdom, but that the Consideration of any Ex|emptions,

beyond what are already agreed on in this Treaty, shall be left to the Determination of the Parliament of Great-Britain. XV. Whereas, by the Terms of this Treaty, the Subjects of Scotland, for pre|serving an Equality of Trade throughout the United Kingdom, will be lyable to several Customs and Excises now payable in England, which will be applicable towards payment of the Debts of England, contracted before the Union; It is agreed, That Scotland shall have an Equivalent for what the Subjects thereof shall be so Charged towards payment of the said Debts of England in all particulars whatsoever, in manner fol|lowing, viz. That, before the Union of the said Kingdoms, The Sum of Three Hundred Ninety Eight Thousand and Eighty Five Pounds Ten Shillings be granted to Her Majesty by the Parliament of England for the Uses after-mentioned, being the Equivalent to be answered to Scotland, for such parts of the said Customs and Excises upon all Exciseable Li|quors, with which that Kingdom is to be Charged upon the Union, as will be applicable to the payment of the said Debts of England, according to the Proportions which the present Customs in Scotland, being Thirty Thousand Pounds per Annum, do bear to the Customs in England, com|puted at One Million Three Hundred Fourty One Thousand Five Hun|dred and Fifty Nine Pounds per Annum, and which the present Excises on Exciseable Liquors in Scotland, being Thirty Three Thousand and Five Hundred Pounds per Annum, do bear to the Excises on Exciseable Liquors in England, computed at Nine Hundred Fourty Seven Thousand Six Hundred and Two Pounds per Annum, Which Sum of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings, shall be due and payable from the Time of the Union: And in regard, that, after the Union, Scotland becoming lyable to the same Customs and Duties payable on Import and Export, and to the same Excises on all Exciseable Liquors as in England, as well upon that Account, as upon the Account of the Increase of Trade and People, (which will be the Happy Conse|quence of the Union) the said Revenues will much improve, beyond the before-mentioned Annual Values thereof, of which no present. Estimate can be made; yet nevertheless, for the Reasons aforesaid, there ought to be a proportionable Equivalent answered to Scotland, It is agreed, That, after the Union, there shall be an Account kept of the said Duties arising in Scotland, to the end it may appear, what ought to be answered to Scotland, as an Equivalent, for such Proportion of the said Increase, as shall be applicable to the payment of the Debts of England; And for the further and more effectual answering the several Ends hereafter-mention|ed, It is agreed, That, from and after the Union, the whole Increase of the Revenues of Customs and Duties on Import and Export; and Excise upon Exciseable Liquors in Scotland, over and above the Annual Produce of the said respective Duties as above stated, shall go and be applyed for the Term of Seven Years, to the Uses hereafter-mentioned, And that, upon the said Account, there shall be answered to Scotland Annually, from the End of Seven Years after the Union, an Equivalent, in Pro|portion to such part of the said Increase, as shall be applicable to the Debts of England; And generally, That an Equivalent shall be answered to Scotland, for such parts of the English Debts, as Scotland may hereaf|ter become lyable to pay, by Reason of the Union, other than such, for which Appropriations have been made by Parliament of England, of the Customs or other Duties on Export and Import, Excises on all Exciseable Liquors, in respect of which Debts, Equivalents are herein before provid|ed; And as for the Uses, to which the said Sum of Three Hundred Nine|ty Eight Thousand Eighty Five Pounds Ten Shillings to be granted as aforesaid, and all other Moneys which are to be answered or allowed to

Scotland as said is, are to be applyed; It is agreed, That in the first place, out of the foresaid Sum, what Consideration shall be found necessary to be had for any Losses, which private Persons may sustain, by reducing the Coyn of Scotland to the Standart and Value of the Coyn of England, may be made good: In the next place, That the Capital Stock or Fund of the African and Indian Company of Scotland advanced, together with the In|terest for the said Capital Stock, after the Rate of Five per Cent. per An|num, from the respective times of the payment thereof, shall be payed; Upon payment of which Capital Stock and Interest, it is agreed the said Compa|ny be dissolved and cease; And also, That, from the time of passing the Act of Parliament in England, for raising the said Sum of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings, the said Com|pany shall neither Trade, nor grant Licence to Trade, Providing, That, if the said Stock and Interest shall not be payed in Twelve Months after the Commencement of the Union, That then the said Company may, from thence foreward, Trade, or give Licence to Trade, until the said hail Capital Stock and Interest shall be payed: And as to the Overplus of the said Sum of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings, after payment of what Considerations shall be had for Losses in repairing the Coyn, and paying the said Capital Stock and In|terest; And also the hail Increase of the said Revenues of Customs, Duties and Excises above the present Value, which shall arise in Scotland, during the said Term of Seven Years, together with the Equivalent which shall become due upon the Improvement thereof in Scotland after the said Term; And also, as to all other Sums, which, according to the Agreements afore|said, may become payable to Scotland by way of Equivalent, for what that Kingdom shall hereafter become lyable towards payment of the Debt of England; It is agreed, That the samen be applyed in manner fol|lowing, viz. That all the Publick Debts of the Kingdom of Scotland, as shall be adjusted by this present Parliament, shall be payed; And that Two Thousand Pounds per Annum, for the space of Seven Years, shall be apply|ed towards Encouraging and Promoting the Manufacture of coarse Wooll, within these Shires which produce the Wooll, and that the First Two Thou|sand Pounds Sterling be payed at Martinmass next, and so yearly at Mar|tinmass during the space foresaid; And afterwards, the same shall be whol|ly applyed towards Encouraging and Promoting the Fisheries, and such other Manufactures and Improvements in Scotland, as may most conduce to the general Good of the United Kingdom. And it is Agreed, That Her Majesty be Impowered to appoint Commissioners, who shall be account|able to the Parliament of Great-Britain, for disposing the said Sum of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings, and all other Moneys which shall arise to Scotland upon the Agreements afore|said, to the Purposes before-mentioned; Which Commissioners shall be Im|powered to Call for, Receive and Dispose of the said Moneys in manner aforesaid, and to Inspect the Books of the several Collectors of the said Re|venues, and of all other Duties, from whence an Equivalent may arise; And that the Collectors and Managers of the said Revenues and Duties, be obliged to give to the said Commissioners subscribed authentick Abbreviates of the Produce of such Revenues and Duties arising in their respective Districts; And that the said Commissioners shall have their Office within the Limits of Scotland, and shall in such Office keep Books, containing Accounts of the Amount of the Equivalents, and how the same shall have been disposed of, from time to time, which may be Inspected by any of the Subjects who shall desire the same. XVI. That, from and after the Union, the Coyn shall be of the same Standart and Value throughout the United Kingdom, as now in England, and a Mint shall be continued in

Scotland under the same Rules as the Mint in England; And the present Officers of the Mint continued, subject to such Regulations and Alterations as Her Majesty, Her Heirs or Successors, or the Parliament of Great-Bri|tain shall think fit. XVII. That, from and after the Union, the same Weights and Measures shall be used throughout the United Kingdom, as are now Established in England, and Standarts of Weights and Measures shall be kept by those Burrows in Scotland, to whom the keeping the Stan|darts of Weights and Measures, now in Use there, does of special Right belong; All which Standarts shall be sent down to such respective Burrows, from the Standarts kept in the Exchequer at Westminster, subject neverthe|less to such Regulations as the Parliament of Great-Britain shall think fit. XVIII. That the Laws concerning Regulation of Trade, Customs, and such Excises, to which Scotland is, by virtue of this Treaty, to be lyable, be the same in Scotland, from and after the Union, as in England, and that all other Laws, in use within the Kingdom of Scotland, do, after the Union, and notwithstanding thereof, remain in the same Force as before (except such as are contrary to, or inconsistent with this Treaty) but alterable by the Parliament of Great-Britain, With this Difference betwixt the Laws concerning publick Right, Policy and Civil Government, and those which concern private Right, That the Laws which concern publick Right, Poli|cy and Civil Government may be made the same throughout the whole United Kingdom, but that no Alteration be made in Laws which concern private Right, except for evident Utility of the Subjects within Scotland. XIX. That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now Constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Union, subject nevertheless to such Regulations, for the better Administration of Justice, as shall be made by the Parliament of Great-Britain; And that hereafter, none shall be Nam|ed by Her Majesty, or Her Royal Successors, to be Ordinary Lords of Ses|sion, but such who have served in the College of Justice as Advocates, or Principal Clerks of Session, for the space of Five Years, or as Writers to the Signet, for the space of Ten Years, With this Provision, That no Writ|ers to the Signet be capable to be admitted a Lord of the Session, unless he undergo a private and publick Tryal on the Civil Law, before the Fa|culty of Advocates, and be found by them Qualified for the said Office Two Years before he be Named to be a Lord of the Session, yet so as the Qualifications made or to be made, for Capacitating Persons to be Named Ordinary Lords of Session, may be altered by the Parliament of Great-Britain. And that the Court of Justiciary do also, after the Union, and notwithstanding thereof, Remain, in all time coming, within Scotland, as it is now Constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Union, subject nevertheless to such Regulations, as shall be made by the Parliament of Great-Britain, and without prejudice of other Rights of Justiciary: And that all Admiralty Ju|risdictions be under the Lord High Admiral, or Commissioners for the Ad|miralty of Great-Britain for the time being; And that the Court of Admi|ralty, now Established in Scotland, be continued; And that all Reviews, Reductions or Suspensions of the Sentences in Maritime Cases, competent to the Jurisdiction of that Court, remain in the same manner after the Union as now in Scotland, until the Parliament of Great-Britain shall make such Regulations and Alterations, as shall be judged expedient for the whole United Kingdom; so as there be alwise continued in Scotland a Court of Admiralty, such as in England, for Determination of all Maritime Cases re|lating to private Rights in Scotland, competent to the Jurisdiction of the Admiralty Court, subject nevertheless to such Regulations and Alterations,

as shall be thought proper to be made by the Parliament of Great-Britain; And that the Heretable Rights of Admiralty, and Vice-Admiralties in Scotland, be reserved to the respective Proprietors, as Rights of Property, subject nevertheless, as to the manner of Exercising such Heretable Rights, to such Regulations and Alterations, as shall be thought proper to be made by the Parliament of Great-Britain: And that all other Courts, now in Being within the Kingdom of Scotland, do remain, but subject to Altera|tions by the Parliament of Great-Britain: And that all Inferior Courts within the said Limits, do remain Subordinate, as they are now, to the Supream Courts of Justice within the same, in all time coming, And that no Causes in Scotland be Cognoscible by the Court of Chancery, Queens-Bench, Common Pleas, or any other Court in Westminster-hall; And that the said Courts, or any other of the like Nature, after the Union, shall have no Power to Cognosce, Review or Alter the Acts, or Sentences of the Judicatures within Scotland, or stop the Execution of the same; And that there be a Court of Exchequer in Scotland, after the Union, for deciding Questions concerning the Revenues of Customs and Excises there, having the same Power and Authority in such Cases, as the Court of Ex|chequer has in England; And that the said Court of Exchequer in Scot|land have Power of passing Signatures, Gifts, Tutories, and in other things, as the Court of Exchequer at present in Scotland hath; And that the Court of Exchequer that now is in Scotland do remain, until a new Court of Exchequer be settled by the Parliament of Great-Britain in Scot|land after the Union: And that, after the Union, the Queens Majesty, and Her Royal Successors, may continue a Privy Council in Scotland, for preserving of publick Peace and Order, until the Parliament of Great-Bri|tain shall think fit to Alter it, or Establish any other effectual Method for that End. XX. That all Heretable Offices, Superiorities, Heretable Ju|risdictions, Offices for Life, and Jurisdictions for Life, be reserved to the Owners thereof, as Rights of Property, in the same manner, as they are now enjoyed by the Laws of Scotland, notwithstanding of this Treaty. XXI. That the Rights and Privileges of the Royal Burrows in Scotland, as they now are, do remain intire after the Union, and notwithstanding thereof. XXII. That, by virtue of this Treaty, of the Peers of Scotland, at the time of the Union, Sixteen shall be the Number to Sit and Vote in the House of Lords, and Fourty Five the Number of the Representatives of Scotland, in the House of Commons of the Parliament of Great-Britain; And that, when Her Majesty, Her Heirs or Successors, shall Declare Her or Their Pleasure, for Holding the First, or any subsequent Parliament of Great-Britain, until the Parliament of Great-Britain shall make further Provision therein, a Write do Issue under the Great-Seal of the United Kingdom, directed to the Privy Council of Scotland, Commanding them to cause Sixteen Peers, who are to Sit in the House of Lords, to be Summo|ned to Parliament, and Fourty Five Members, to be Elected, to Sit in the House of Commons of the Parliament of Great-Britain, according to the Agreement in this Treaty, in such manner as, by a subsequent Act of this present Session of the Parliament of Scotland, shall be settled; Which Act is hereby Declared to be as valid, as if it were a part of, and Ingrossed in this Treaty; And that the Names of the Persons so Summoned and Elect|ed, shall be Returned by the Privy Council of Scotland, into the Court from whence the said Write did Issue; And that, if Her Majesty, on or before the First Day of May next, on which Day the Union is to take Place, shall Declare under the Great-Seal of England, that it is Expedient, That the Lords of Parliament of England, and Commons of the present Parlia|ment of England, should be the Members of the respective Houses of the First Parliament of Great-Britain, for and on the part of England, Then

the said Lords of Parliament of England, and Commons of the present Parliament of England, shall be the Members of the respective Houses of the First Parliament of Great-Britain, for and on the part of England: And Her Majesty may, by Her Royal Proclamation under the Great-Seal of Great-Britain, Appoint the said First Parliament of Great-Britain, to meet at such Time and Place as Her Majesty shall think fit, Which Time shall not be less than Fifty Days after the Date of such Proclamation; And the Time and Place of the Meeting of such Parliament being so appointed, a Write shall be immediately Issued under the Great-Seal of Great-Britain, directed to the Privy Council of Scotland, for the Summoning the Sixteen Peers, and for Electing Fourty Five Members, by whom Scotland is to be Represented in the Parliament of Great-Britain; And the Lords of Parlia|ment of England, and the Sixteen Peers of Scotland, such Sixteen Peers being Sum|moned and Returned in the same manner agreed in this Treaty; And the Mem|bers of the House of Commons of the said Parliament of England, and the Fourty Five Members for Scotland, such Fourty Five Members being Elect|ed and Returned in the manner agreed in this Treaty, shall Assemble and Meet respectively in their respective Houses of the Parliament of Great-Britain, at such Time and Place as shall be so Appointed by Her Majesty, and shall be the Two Houses of the First Parliament of Great-Britain: And that Parliament may continue for such Time only, as the present Par|liament of England might have continued, if the Union of the Two King|doms had not been made, unless sooner Dissolved by Her Majesty. And that every one of the Lords of Parliament of Great-Britain, and every Mem|ber of the House of Commons of the Parliament of Great-Britain, in the First and all Succeeding Parliaments of Great-Britain, until the Parliament of Great-Britain shall otherways Direct, shall take the respective Oaths ap|pointed to be taken, in stead of the Oaths of Allegiance and Supremacy, by an Act of Parliament made in England, in the First Year of the Reign of the late King William and Queen Mary, Intituled, An Act for the Abrogat|ing of the Oaths of Supremacy and Allegiance, and Appointing other Oaths; And Make, Subscribe and audibly Repeat the Declaration mentioned in an Act of Parliament made in England, in the Thirtieth Year of the Reign of King Charles the Second, Intituled, An Act for the more effectual preserv|ing the Kings Person and Government, by disabling Papists from sitting in either Houses of Parliament; And shall Take and Subscribe the Oath mentioned in an Act of Parliament made in England, in the First Year of Her Maje|sties Reign, Intituled, An Act to Declare the Alterations in the Oath ap|pointed to be taken by the Act, Intituled, An Act for the further Security of His Majesties Person, and the Succession of the Crown in the Protestant Line, and for Extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors, And for Declaring the Association to be determined: At such time, and in such manner, as the Members of both Houses of Parliament of England are, by the said respec|tive Acts, directed to Take, Make and Subscribe the same, upon the Penal|ties and Disabilities contained in the said respective Acts contained. And it is declared and agreed, That these Words, This Realm, The Crown of this Realm, and the Queen of this Realm, mentioned in the Oaths and Declarati|on contained in the aforesaid Acts, which were intended to signify the Crown and Realm of England, shall be understood of the Crown and Re|alm of Great-Britain; And that, in that Sense, The said Oaths and De|claration be taken and subscribed by the Members of both Houses of the Parliament of Great-Britain. XXIII. That the foresaid Sixteen Peers of Scotland, mentioned in the last preceeding Article, to sit in the House of Lords of the Parliament of Great-Britain, shall have all Privileges of Par|liament which the Peers of England now have, and which they, or any

Peers of Great-Britain shall have after the Union, and particularly the Right of sitting upon the Tryals of Peers: And in case of the Tryal of any Peer in time of Adjournment or Prorogation of Parliament, the said Six|teen Peers shall be Summoned in the same manner, and have the same Powers and Privileges at such Tryal, as any other Peers of Great-Britain. And that in case any Tryals of Peers shall hereafter happen, when there is no Parliament in Being, the Sixteen Peers of Scotland, who sate in the last preceeding Parliament, shall be Summoned in the same manner, and have the same Powers and Privileges at such Tryals, as any other Peers of Great-Britain. And that all Peers of Scotland, and their Successors to their Honours and Dignities, shall, from and after the Union, be Peers of Great-Britain, and have Rank and Precedency next and immediately after the Peers of the like Orders and Degrees in England, at the Time of the Uni|on, and before all Peers of Great-Britain of the like Orders and Degrees, who may be Created after the Union, and shall be Tryed as Peers of Great-Britain, and shall enjoy all Privileges of Peers as fully as the Peers of England do now, or as they, or any other Peers of Great-Britain may hereafter Enjoy the same, except the Right and Privilege of sitting in the House of Lords, and the Privileges depending thereon, and particularly the Right of sitting upon the Tryals of Peers. XXIV. That, from and after the Union, there be one Great-Seal for the United Kingdom of Great-Britain, which shall be different from the Great-Seal now used in either Kingdom; And that the Quartering the Arms, and the Rank and Precedency of the Lyon King of Arms of the Kingdom of Scotland, as may best sute the Uni|on, be left to Her Majesty; And that, in the mean time, the Great-Seal of England be used as the Great-Seal of the United Kingdom, and that the Great-Seal of the United Kingdom be used for Sealing Writs to Elect and Summon the Parliament of Great-Britain, and for Sealing all Treaties with Foreign Princes and States, and all publick Acts, Instruments and Orders of State which concern the whole United Kingdom, and in all other Mat|ters relating to England, as the Great-Seal of England is now used; And that a Seal in Scotland, after the Union, be always kept, and made use of in all things relating to private Rights or Grants, which have usually pas|sed the Great-Seal of Scotland, and which only concern Offices, Grants, Commissions and private Rights within that Kingdom; And that, until such Seal shall be appointed by Her Majesty, the present Great-Seal of Scotland shall be used for such purposes; And that the Privy-Seal, Signet, Casset, Signet of the Justiciary Court, Quarter-Seal, and Seals of Courts now used in Scotland, be continued; but that the said Seals be altered, and adapt|ed to the State of the Union, as Her Majesty shall think fit: And the said Seals, and all of them, and the Keepers of them, shall be subject to such Regulations, as the Parliament of Great-Britain shall hereafter make: And that the Crown, Scepter and Sword of State, the Records of Parliament, and all other Records, Rolls and Registers whatsoever, both Publick and Private, General and Particular, and Warrants thereof, continue to be keeped as they are within that part of the United Kingdom, now called Scotland, and that they shall so remain, in all time coming, notwithstand|ing of the Union. XXV. That all Laws and Statutes in either Kingdom, so far as they are contrary to, or inconsistent with the Terms of these Ar|ticles, or any one of them, shall, from and after the Union, cease and be|come void, and shall be so declared to be by the respective Parliaments of the said Kingdoms.

Follows the Tenor of the foresaid Act for Securing the Protestant Religion and Presbyterian Church Government.

OUR SOVEREIGN LADY and the Estates of Parliament Considering, That, by the late Act of Parliament for a Treaty with England, for an

Union of both Kingdoms, It is provided, That the Commissioners for that Treaty, should not Treat of or concerning any Alteration of the Worship, Discipline and Government of the Church of this Kingdom, as now by Law Established: Which Treaty being now Reported to the Parliament, And it being Reasonable and Necessary, that the true Protestant Religion, as presently professed within this Kingdom, with the Worship, Discipline and Government of this Church, should be effectually and unalterably secured; Therefore Her Majesty, with Advice and Consent of the said Estates of Par|liament, Doth hereby Establish and Confirm the said True Protestant Re|ligion, and the Worship, Discipline and Government of this Church, to continue without any Alteration to the People of this Land in all succeed|ing Generations; And more especially, Her Majesty, with Advice and Con|sent foresaid, Ratifies, Approves, and for ever Confirms the Fifth Act of the First Parliament of King William and Queen Mary, Intituled, Act Ra|tifying the Confession of Faith, and Settling Presbyterian Church Government, with the haill other Acts of Parliament relating thereto, in prosecution of the Declaration of the Estates of this Kingdom, containing the Claim of Right, bearing Date the Eleventh of April One Thousand Six Hundred and Eighty Nine; And Her Majesty, with Advice and Consent foresaid, ex|presly provides and declares, That the foresaid True Protestant Religion contained in the above-mentioned Confession of Faith, with the Form and Purity of Worship presently in Use within this Church, and its Presbyteri|an Church Government and Discipline, That is to say, The Government of the Church by Kirk Sessions, Presbyteries, Provincial Synods and Gene|ral Assemblies, all Established by the foresaid Acts of Parliament, pursuant to the Claim of Right, shall remain and continue Unalterable; And that the said Presbyterian Government shall be the only Government of the Church within the Kingdom of Scotland. And further, for the greater Se|curity of the foresaid Protestant Religion, and of the Worship, Discipline and Government of this Church as above Established, Her Majesty, with Advice and Consent foresaid, Statutes and Ordains, That the Universities and Colleges of St. Andrews, Glasgow, Aberdeen and Edinburgh, as now Esta|blished by Law, shall continue within this Kingdom for ever. And that, in all time coming, no Professors, Principals, Regents, Masters, or others bearing Office in any University, College or School within this Kingdom be capable, or be admitted or allowed to continue in the Exercise of their said Functions, but such as shall owne and acknowledge the Civil Government in manner prescribed, or to be prescribed by the Acts of Parliament. As also, That, before, or at their Admissions, they do and shall acknowledge and profess, and shall subscribe to the foresaid Confession of Faith, as the Confession of their Faith; And that they will practise & conform themselves to the Worship presently in Use in this Church, and submit themselves to the Government and Discipline thereof, and never endeavour, directly or in|directly, the Prejudice or Subversion of the same; And that before the res|pective Presbyteries of their Bounds, By whatsoever Gift, Presentation or Provision they may be thereto provided. And further, Her Majesty, with Advice foresaid, expresly Declares and Statutes, That none of the Subjects of this Kingdom shall be lyable to, but all and every one of them for ever free of any Oath, Test or Subscription within this Kingdom, contrary to, or inconsistent with the foresaid true Protestant Religion and Presbyterian Church Government, Worship and Discipline as above Established: And that the same, within the Bounds of this Church and Kingdom, shall never be imposed upon, or required of them in any sort. And lastly, That, after the Decease of Her present Majesty, (whom GOD long preserve) the So|vereign succeeding to Her in the Royal Government of the Kingdom of Great-Britain, shall, in all time coming, at His or Her Accession to the

Crown, swear and subscribe, that they shall inviolably maintain and pre|serve the foresaid Settlement of the true Protestant Religion, with the Go|vernment, Worship, Discipline, Right, and Privileges of this Church, as a|bove Established by the Laws of this Kingdom, in prosecution of the Claim of Right. And it is hereby Statute and Ordained, That this Act of Parlia|ment, with the Establishment therein-contained, shall be held and observ|ed, in all time coming, as a Fundamental and Essential Condition of any Treaty or Union to be concluded betwixt the two Kingdoms, without any Alteration thereof, or Derogation thereto, in any sort for ever. As also, That this Act of Parliament, and Settlement therein-contained, shall be insert and repeated in any Act of Parliament that shall pass, for agreeing and concluding the foresaid Treaty or Union betwixt the two Kingdoms; And that the samen shall be therein expresly declared, to be a Fundamen|tal and Essential Condition of the said Treaty or Union, in all time com|ing. WHICH ARTICLES OF UNION, and Act immediately above|written, Her Majesty, with Advice and Consent foresaid, Statutes, Enacts and Ordains to be, and continue, in all time coming, the sure and per|petual Foundation of an compleat and intire UNION of the two Kingdoms of Scotland and England, Under this express Condition and Provision, That the Approbation and Ratification of the foresaid Articles and Act shall be no ways binding on this Kingdom, until the said Articles and Act be Ra|tified, Approven and Confirmed by Her Majesty, with and by the Autho|rity of the Parliament of England, as they are now agreed to, approven and confirmed by Her Majesty, with and by the Authority of the Parlia|ment of Scotland. Declaring nevertheless, That the Parliament of England may provide for the Security of the Church of England as they think expe|dient, to take place within the Bounds of the said Kingdom of England, and not derogating from the Security above provided, for Establishing of the Church of Scotland within the Bounds of this Kingdom. As also, the said Parliament of England may extend the Additions, and other Provisions contained in the Articles of Union, as above insert in favours of the Sub|jects of Scotland, To, and in favours of the Subjects of England, which shall not suspend or derogate from the Force and Effect of this present Ra|tification, but shall be understood as herein included, without the necessi|ty of any new Ratification in the Parliament of Scotland. And lastly, Her Majesty Enacts and Declares, That all Laws and Statutes in this Kingdom, so far as they are contrary to, or inconsistent with the Terms of these Ar|ticles as above-mentioned, shall, from and after the Union, cease and be|come void.

Follows the Exemplification under the Great-Seal of England, of the Act of the Parliament of that Kingdom, Intituled, An Act for an Union of the two Kingdoms of ENGLAND and SCOTLAND, as the same was trans|mitted to the Parliament of Scotland, and Ordered to be Recorded.

ANNA DEI Gratia Anglie, Scocie, Francie, & Hibernie Regina, Fidei Defensor, &c. Omnibus ad quos presentes Litere pervenerint Salutem; Inspeximus quoddam Breve nostrum de Certiorand: e Cur: Cancellar: nostre nuper emanan: Dilecto & fideli nostro Matheo Johnson Armigero Clerico Parliamentorum nostrorum direct: una cum quodam Re|torno sive Indorsamento in Dorso ejusdem Brevis indorsato & inserto in dictam Cancellar: nostram retornatum et in filaciis ibm: de Recordo resi|den:

in hec verba ANNA DEI Gra: Angl: Scoc: Franc: & Hibnie: Regina Fidei Defensor &c. Dilco: sibi Matheo Johnson Ar: Clico: Parliamentor: Suor: saltm: Volentes certis de Causis Certiorari super tenorem cujusdem Actus in instanti Parliamento nostro apud Westm: fact: & ordinat: intitulat: An Act for an Union of the two Kingdoms of England and Scotland Vobis Mandamus quod tenorem Actus predict: cum omnibus ill: tangentibus No|bis in Cancellar: nram: sub Sigillo vro: distincte & aperte sine dilone: mit|tatis & hoc bre: Teste meipa: apud Westm: sexto die Martii amo Rni: nri: quinto Wrighte Executio hujus Bris: patet in quadam Schedula huic Bri: annex: prout interius mihi precipitur Math: Johnson Cler: Parliamentor. Inspeximus etiam Schedulam premenconatam continentem tenorem Actus predict: Eidemque Brevi annex: Manu & Sigillo Mathei Johnson Signat: & Sigillat: in Cancellar: nram predictam silit: retornat: & in filaciis ibm: de Recordo quo{que} residen: in hec verba In Parliament: Inchoat: apud Westmo|naster: decimo quarto die Junii Anno Domini Millesimo Septingentesimo Quinto Annoque Regni Serenissime Dne: nre: ANNE DEI Grat: Angl: Scot: Franc: & Hibnie: Regin: Fidei Defensor &c. Quarto Communi: omniu: Dnor: tam Spialiu: quam Temporal: & Comunitis: &c. Consensu & Regie Majestatis Assensu (inter alia) Sancitum Inactitatum & Stabilitum fuit hoc sequens Statutum, viz. An Act for an Union of the two Kingdoms of Eng|land and Scotland, cujus quidem Tenor sequitur in his verhis; MOST GRACIOUS SOVEREIGN, Whereas, Articles of Union were agreed on the Twenty Second Day of July, in the Fifth Year of your Majesties Reign, by the Commissioners Nominated on Behalf of the Kingdom of England, under Your Majesties Great-Seal of England, bearing Date at Westminster the Tenth Day of April then last past, in pursuance of an Act of Parliament made in England, in the Third Year of Your Majesties Reign; and the Commissioners Nominated on the Behalf of the Kingdom of Scotland, under Your Majesties Great-Seal of Scotland, bearing Date the Twenty Seventh Day of February, in the Fourth Year of Your Majesties Reign, in pursuance of the Fourth Act of the Third Sessi|on of the present Parliament of Scotland, to Treat of and concerning an Union of the said Kingdoms; And whereas an Act hath passed in the Par|liament of Scotland, at Edinburgh the Sixteenth Day of January, in the Fifth Year of Your Majesties Reign, wherein 'tis mentioned, That the Estates of Parliament Considering the said Articles of Union of the two Kingdoms, had agreed to and approved of the said Articles of Union, with some Additions and Explanations; And that Your Majesty, with Advice and Consent of the Estates of Parliament, for Establishing the Pro|testant Religion, and Presbyterian Church Government within the King|dom of Scotland, had passed in the same Session of Parliament, an Act In|tituled, Act for securing of the Protestant Religion and Presbyterian Church Go|vernment, which, by the Tenor thereof, was appointed to be inserted in any Act Ratifying the Treaty, and expresly declared to be a Funda|mental and Essential Condition of the said Treaty or Union in all times coming, The Tenor of which Articles, as Ratified and Approved of, with Additions and Explanations, by the said Act of Parliament of Scotland, fol|lows,

ARTICLE, 1. That the Two Kingdoms of England and Scotland shall, upon the First Day of May, which shall be in the Year One Thousand Se|ven Hundred and Seven, and for ever after, be United into one King|dom by the Name of GREAT-BRITAIN, And that the Ensigns Ar|morial of the said United Kingdom be such as Her Majesty shall appoint, and the Crosses of St. George and St. Andrew be conjoyned in such man|ner as Her Majesty shall think fit, and used in all Flaggs, Banners, Standards and Ensigns, both at Sea and Land.

Article 2. That the Succession to the Monarchy of the United King|dom of Great-Britain, and of the Dominions thereto belonging, after Her most Sacred Majesty, and in Default of Issue of Her Majesty, be, re|main and continue to the most Excellent Princess Sophia Electoress and Dutchess Dowager of Hannover, and the Heirs of Her Body, being Pro|testants, upon whom the Crown of England is settled by an Act of Par|liament made in England, in the Twelfth Year of the Reign of His late Majesty King William the Third, Intituled, An Act for the further Limi|tation of the Crown, and better securing the Rights and Liberties of the Sub|ject: And that all Papists, and Persons marrying Papists, shall be ex|cluded from, and for ever incapable to inherit, possess or enjoy the Im|perial Crown of Great-Britain, and the Dominions thereunto belonging, or any part thereof, and in every such case, the Crown and Government shall, from time to time, descend to, and be enjoyed by such Person, be|ing a Protestant, as should have inherited and enjoyed the same, in case such Papist, or Person marrying a Papist, was naturally dead, according to Provision for the Descent of the Crown of England, made by ano|ther Act of Parliament in England, in the First Year of the Reign of Their late Majesties King William and Queen Mary, Intituled, An Act de|claring the Rights and Liberties of the Subject, and settling the Succession of the Crown.

Article 3. That the United Kingdom of Great-Britain be Represented by one and the same Parliament, to be stiled the Parliament of Great-Britain.

Article 4. That all the Subjects of the United Kingdom of Great-Britain, shall, from and after the Union, have full Freedom and Intercourse of Trade and Navigation, to and from any Port or Place within the said Unit|ed Kingdom, and the Dominions and Plantations thereunto belonging, and that there be a Communication of all other Rights, Privileges and Advantages, which do or may belong to the Subjects of either Kingdom, except where it is otherwise expresly agreed in these Articles.

Article 5. That all Ships or Vessels belonging to Her Majesties Sub|jects of Scotland, at the Time of Ratifying the Treaty of Union of the Two Kingdoms in the Parliament of Scotland, though Foreign built, be deem'd and pass as Ships of the Built of Great-Britain: The Ow|ner, or where there are more Owners, one or more of the Owners, within Twelve Months after the First of May next, making Oath, That, at the time of Ratifying the Treaty of Union in the Parliament of Scot|land, the same did, in whole or in part, belong to him or them, or to some other Subject or Subjects of Scotland, to be particularly Named, with the place of their respective Abodes, and that the same doth then, at the time of the said Deposition, wholly belong to him or them, and that no Foreigner, directly or indirectly, hath any Share, Part or Interest there|in; Which Oath shall be made before the Chief Officer, or Officers of the Customs, in the Port next to the Abode of the said Owner or Owners; And the said Officer, or Officers, shall be Impowered to Administer the said Oath: And the Oath being so Administred, shall be Attested by the Officer, or Officers, who Administred the same, and being Registred by the said Officer or Officers, shall be delivered to the Master of the Ship for Security of her Navigation, and a Duplicate thereof shall be transmitted by the said Officer or Officers, to the Chief Officer or Officers of the Customs in the Port of Edinburgh, to be there entered in a Register, and from thence to be sent to the Port of London, to be there entered in the general Register of all Trading Ships belonging to Great-Britain.

Article 6. That all parts of the United Kingdom for ever, from and af|ter the Union, shall have the same Allowances, Encouragements and Draw|backs, and be under the same Prohibitions, Restrictions and Regulations of

Trade, and lyable to the same Customs and Duties on Import and Export; And that the Allowances, Encouragements and Drawbacks, Prohibitions, Restrictions and Regulations of Trade, and the Customs and Duties on Import and Export settled in England, when the Union commences, shall, from and after the Union, take place throughout the whole United King|dom, Excepting and Reserving the Duties upon Export and Import of such particular Commodities, from which any Persons, the Subjects of either Kingdom, are specially Liberated and Exempted by their private Rights, which, after the Union, are to remain safe and intire to them, in all respects, as before the same; And that, from and after the Union, no Scots Cattle carried into England, shall be lyable to any other Duties, either on the publick or private Accounts, than those Duties, to which the Cattle of England are, or shall be lyable within the said Kingdom. And seing, by the Laws of England, there are Rewards granted upon the Exportation of certain kinds of Grain, wherein Oats Grinded or Un|grinded are not expressed, That, from and after the Union, when Oats shall be sold at Fifteen Shillings Sterling per Quarter, or under, there shall be payed Two Shillings and Six Pence Sterling for every Quarter of the Oat Meal Exported in the Terms of the Law, whereby, and so long as Rewards are granted for Exportation of other Grain, and that the Bear of Scotland have the same Rewards as Barley. And in respect the Importations of Victual into Scotland, from any place beyond Sea, would prove a Discouragement to Tillage, Therefore, That the Prohibition, as now in Force by the Law of Scotland, against Importation of Victuals from Ireland, or any other place beyond Sea into Scotland, do, after the Uni|on, remain in the same Force as now it is, until more proper and effectu|al ways be provided by the Parliament of Great-Britain, for Discourag|ing the Importation of the said Victuals from beyond Sea.

Article 7. That all parts of the United Kingdom be for ever, from and after the Union, lyable to the same Excises upon all Exciseable Liquors, excepting only, that the Thirty Four Gallons English Barrel of Beer or Ale, amounting to Twelve Gallons Scots present Measure, Sold in Scotland by the Brewer at Nine Shillings Six Pence Sterling, excluding all Duties, and Retailed, including Duties and the Retailers Profit, at Two Pence the Scots Pint, or Eight Part of the Scots Gallon, be not, after the Union, ly|able, on Account of the present Excise upon Exciseable Liquors in England, to any higher Imposition, than Two Shillings Sterling upon the foresaid Thir|ty Four Gallons English Barrel, being Twelve Gallons the present Scots Measure, and that the Excise settled in England on all other Liquors, when the Union commences, take place throughout the whole United Kingdom.

Article 8. That from and after the Union, all Foreign Salt, which shall be. Imported into Scotland, shall be charged, at the Importation there, with the same Duties, as the like Salt is now charged with, being Imported into England, and to be levied and secured in the same manner. But in regard the Duties of great Quantities of Foreign Salt Imported, may be very heavy upon the Merchants Importers, That therefore all Fo|reign Salt Imported into Scotland, shall be Cellared and Locked up under the Custody of the Merchants Importers, and the Officers imployed for levying the Duties upon Salt; And that the Merchant may have what Quantity thereof his Occasions may require, not under a Weigh or Four|ty Bushels at a time, giving Security for the Duty of what Quantity he receives, payable in Six Months; But Scotland shall, for the space of Se|ven Years from the said Union, be Exempted from paying in Scotland for Salt made there, the Duty or Excise now payable for Salt made in England: But, from the Expiration of the said Seven Years, shall be sub|ject

and lyable to the same Duties for Salt made in Scotland, as shall be then payable for Salt made in England, to be levied and secured in the same manner, and with proportionable Drawbacks and Allowances as in England; With this Exception, That Scotland shall, after the said Seven Years, remain Exempted from the Duty of Two Shillings and Four Pence a Bushel on Home Salt, Imposed by an Act made in England in the Ninth and Tenth of King William the Third of England. And if the Parliament of Great-Britain shall, at or before the Expiring of the said Seven Years, substitute any other Fund in place of the said Two Shillings Four Pence of Excise on the Bushel of Home Salt, Scotland shall, after the said Seven Years, bear a Proportion of the said Fund, and have an Equiva|lent in the Terms of this Treaty: And that, during the said Seven Years, there shall be payed in England, for all Salt made in Scotland, and Im|ported from thence into England, the same Duties upon the Importation, as shall be payable for Salt made in England, to be levied and secured in the same manner, as the Duties on Foreign Salt are to be levied and se|cured in England. And that, after the said Seven Years, as long as the said Duty of Two Shillings Four Pence a Bushel upon Salt is continued in England, the said Two Shillings and Four Pence a Bushel shall be payable for all Salt made in Scotland, and Imported into England, to be levied and secured in the same manner; And that, during the Continuance of the Duty of Two Shillings Four Pence a Bushel upon Salt made in England, no Salt whatsoever be brought from Scotland to England by Land in any manner, under the Penalty of Forfeiting the Salt, and the Cattle and Carriages made Use of in bringing the same, and paying Twenty Shillings for every Bushel of such Salt, and proportionably for a greater or lesser Quantity; for which the Carrier, as well as the Owner, shall be lyable joyntly and severally, and the Persons bringing, or car|rying the same, to be Imprisoned by any one Justice of the Peace by the space of Six Months without Bail, and until the Penalty be payed. And for Establishing an Equality in Trade, That all Flesh Exported from Scotland to England, and put on Board in Scotland, to be Exported to parts beyond the Seas, and Provision for Ships in Scotland, and for Fo|reign Voyages, may be Salted with Scots Salt, paying the same Duty for what Salt is so Imployed, as the like Quantity of such Salt pays in England, and under the same Penalties, Forfeitures and Provisions, for preventing of Frauds, as are mentioned in the Laws of England: And that, from and after the Union, the Laws and Acts of Parliament in Scotland, for Pineing, Curing and Packing of Herrings, White Fish and Salmond for Exportation with Foreign Salt only, without any Mixture of British or Irish Salt, and for preventing of Frauds in Curing and Packing of Fish, be continued in Force in Scotland, subject to such Alterations as shall be made by the Parliament of Great-Britain; And that all Fish Exported from Scotland to Parts beyond the Seas, which shall be Cured with Foreign Salt only, and without Mixture of British or Irish Salt, shall have the same Eases, Premiums and Draw-backs, as are or shall be allowed to such Persons as Export the like Fish from England: And that, for En|couragement of the Herring Fishing, there shall be allowed and payed to the Subjects Inhabitants of Great-Britain, during the present Allowan|ces for other Fish, Ten Shillings Five Pence Sterling for every Barrel of White Herrings which shall be Exported from Scotland; And that there shall be allowed Five Shillings Sterling for every Barrel of Beef or Pork Salted with Foreign Salt, without Mixture of British or Irish Salt, and Exported for Sale from Scotland to parts beyond Sea, alterable by the Par|liament of Great-Britain. And if any Matters of Fraud relating to the said Duties on Salt shall hereafter appear, which are not sufficiently provid|ed

against by this Article, the same shall be subject to such further Provi|sions, as shall be thought fit by the Parliament of Great-Britain.

Article 9. That whensoever the Sum of One Million Nine Hundred Nine|ty Seven Thousand, Seven Hundred and Sixty Three Pounds, Eight Shil|lings and Four Pence Half Penny shall be Enacted by the Parliament of Great-Britain, to be raised in that Part of the United Kingdom, now called England, on Land, and other Things usually Charged in Acts of Parliament there, for granting an Aid to the Crown by a Land Tax, That part of the United Kingdom, now called Scotland, shall be Charged, by the same Act, with a further Sum of Fourty Eight Thousand Pounds free of all Charges, as the Quota of Scotland to such Tax, and so proportionably for any greater or lesser Sum raised in England by any Tax on Land, and other Things usually Charged, together with the Land; And that such Quota for Scotland, in the Cases aforesaid, be Raised and Collected in the same manner as the Cess now is in Scotland; but subject to such Regulations in the manner of Collecting, as shall be made by the Parliament of Great-Britain.

Article 10. That during the Continuance of the respective Duties on Stampt Paper, Vellum and Parchment, by the several Acts now in Force in England, Scotland shall not be Charged with the same respective Duties.

Article 11. That during the Continuance of the Duties payable in England on Windows and Lights, which Determine on the First Day of August, One Thousand, Seven Hundred and Ten, Scotland shall not be Charged with the same Duties.

Article 12. That during the Continuance of the Duties payable in Eng|land on Coals, Culm and Cynders, which determine the Thirtieth Day of September One Thousand Seven Hundred and Ten, Scotland shall not be Charged therewith, for Coals, Culm and Cynders consumed there, but shall be Charged with the same Duties as in England for all Coal, Culm and Cynders, not consumed in Scotland.

Article 13. That during the Continuance of the Duty payable in Eng|land upon Malt, which determines the Twenty Fourth Day of June, One Thousand Seven Hundred and Seven, Scotland shall not be Charged with that Duty.

Article 14. That the Kingdom of Scotland be not Charged with any other Duties laid on by the Parliament of England before the Union, except those consented to in this Treaty, in regard it is agreed, that all necessary Pro|vision shall be made by the Parliament of Scotland for the Publick Charge and Service of that Kingdom, for the Year One Thousand Seven Hundred and Seven; Provided, nevertheless, That if the Parliament of England shall think fit to lay any further Impositions, by way of Customs, or such Excises, with which, by virtue of this Treaty, Scotland is to be Charged equally with England, in such Case, Scotland shall be lyable to the same Customs and Excises, and have an Equivalent to be settled by the Parliament of Great-Britain; With this further Provision, That any Malt to be made and consumed in that part of the United Kingdom now called Scotland, shall not be Charged with any Imposition on Malt during this present War; And seing it cannot be supposed, that the Par|liament of Great-Britain will ever lay any sort of Burdens upon the United Kingdom, but what they shall find of necessity at that time for the Preservation and Good of the whole, and with due Regard to the Circumstances and Abilities of every part of the United Kingdom; There|fore it is agreed, That there be no further Exemption insisted upon for any part of the United Kingdom, but that the Consideration of any Ex|emptions, beyond what are already agreed on in this Treaty, shall be left to the Determination of the Parliament of Great-Britain.

Article 15. That whereas, by the Terms of this Treaty, the Subjects of Scotland, for preserving an Equality of Trade throughout the United King|dom, will be lyable to several Customs and Excises now payable in England, which will be applicable towards payment of the Debts of England, con|tracted before the Union; It is agreed, That Scotland shall have an Equi|valent for what the Subjects thereof shall be so Charged towards payment of the said Debts of England in all particulars whatsoever, in manner fol|lowing, videlicet, That before the Union of the said Kingdoms, The Sum of Three Hundred Ninety Eight Thousand and Eighty Five Pounds Ten Shillings be granted to Her Majesty by the Parliament of England for the Uses after-mentioned, being the Equivalent to be answered to Scotland, for such parts of the said Customs and Excises upon all Exciseable Li|quors, with which that Kingdom is to be Charged upon the Union, as will be applicable to the payment of the said Debts of England, according to the Proportions which the present Customs in Scotland, being Thirty Thousand Pounds per Annum, do bear to the Customs in England, com|puted at One Million Three Hundred Fourty One Thousand Five Hun|dred and Fifty Nine Pounds per Annum, and which the present Excises on Exciseable Liquors in Scotland, being Thirty Three Thousand and Five Hundred Pounds per Annum, do bear to the Excises on Exciseable Liquors in England, computed at Nine Hundred Fourty Seven Thousand Six Hundred and Two Pounds per Annum, Which Sum of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings, shall be due and payable from the Time of the Union: And in regard, that, after the Union, Scotland becoming lyable to the same Customs and Duties payable on Import and Export, and to the same Excises on all Exciseable Liquors as in England, as well upon that Account, as upon the Account of the Increase of Trade and People, (which will be the Happy Conse|quence of the Union) the said Revenues will much improve, beyond the before-mentioned Annual Values thereof, of which no present Estimate can be made; yet nevertheless, for the Reasons aforesaid, there ought to be a proportionable Equivalent answered to Scotland, It is agreed, That, after the Union, there shall be an Account kept of the said Duties arising in Scotland, to the end it may appear, what ought to be answered to Scotland, as an Equivalent, for such Proportion of the said Increase, as shall be applicable to the payment of the Debts of England; And for the further and more effectual answering the several Ends hereafter-mention|ed, It is agreed, That, from and after the Union, the whole Increase of the Revenues of Customs and Duties on Import and Export, and Excises upon Exciseable Liquors in Scotland, over and above the Annual Produce of the said respective Duties as above stated, shall go and be applyed for the Term of Seven Years, to the Uses hereafter-mentioned; And that upon the said Account, there shall be answered to Scotland Annually, from the End of Seven Years after the Union, an Equivalent, in Pro|portion to such part of the said Increase, as shall be applicable to the Debts of England; And generally, That an Equivalent shall be answered to Scotland, for such parts of the English Debts, as Scotland may hereaf|ter become lyable to pay, by Reason of the Union, other than such, for which Appropriations have been made by Parliament in England, of the Customs or other Duties on Export and Import, Excises on all Exciseable Liquors, in respect of which Debts, Equivalents are herein before provid|ed; And as for the Uses, to which the said Sum of Three Hundred Nine|ty Eight Thousand Eighty Five Pounds Ten Shillings to be granted as aforesaid, and all other Moneys which are to be answered or allowed to

Scotland as aforesaid are to be applyed; It is agreed, That in the first place, out of the aforesaid Sum, what Consideration shall be found necessary to be had for any Losses, which private Persons may sustain, by reducing the Coyn of Scotland to the Standart and Value of the Coyn of England, may be made good: In the next place, That the Capital Stock or Fund of the African and Indian Company of Scotland advanced, together with the In|terest for the said Capital Stock, after the Rate of Five per Centum per An|num, from the respective times of the payment thereof, shall be payed; Upon payment of which Capital Stock and Interest, It is agreed the said Compa|ny be dissolved and cease; And also, That from the time of passing the Act of Parliament in England, for raising the said Sum of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings, the said Com|pany shall neither Trade, nor grant Licence to Trade, Providing, That if the said Stock and Interest shall not be payed in Twelve Months after the Commencement of the Union, That then the said Company may, from thence foreward, Trade, or give Licence to Trade, until the said whole Capital Stock and Interest shall be payed: And as to the Overplus of the said Sum of Three Hundred Ninety Eight Thousand Eighty Five Pounds Ten Shillings, after payment of what Considerations shall be had for Losses in repairing the Coyn, and paying the said Capital Stock and In|terest; And also the whole Increase of the said Revenues of Customs, Duties and Excises above the present Value, which shall arise in Scotland, during the said Term of Seven Years, together with the Equivalent which shall become due upon the Improvement thereof in Scotland after the said Term; And also, as to all other Sums, which, according to the Agreements afore|said, may become payable to Scotland by way of Equivalent, for what that Kingdom shall hereafter become lyable towards payment of the Debt of England; It is agreed, That the same be applyed in manner fol|lowing, videlicet, That all the Publick Debts of the Kingdom of Scotland, as shall be adjusted by this present Parliament, shall be payed; And that Two Thousand Pounds per Annum, for the space of Seven Years, shall be apply|ed towards Encouraging and Promoting the Manufacture of coarse Wooll, within those Shires which produce the Wooll, and that the First Two Thou|sand Pounds Sterling be payed at Martinmass next, and so yearly at Mar|tinmass during the space foresaid; And afterwards, the same shall be whol|ly applyed towards the Encouraging and Promoting the Fisheries, and such other Manufactures and Improvements in Scotland, as may most conduce to the general Good of the United Kingdom. And it is Agreed, That Her Majesty be Impowered to appoint Commissioners, who shall be account|able to the Parliament of Great-Britain, for disposing the said Sum of Three Hundred Ninety Eight Thousand and Eighty Five Pounds Ten Shillings, and all other Moneys which shall arise to Scotland upon the Agreements afore|said, to the Purposes before-mentioned; Which Commissioners shall be Im|powered to Call for, Receive and Dispose of the said Moneys in manner aforesaid, and to Inspect the Books of the several Collectors of the said Re|venues, and of all other Duties, from whence an Equivalent may arise; And that the Collectors and Managers of the said Revenues and Duties, be obliged to give to the said Commissioners subscribed authentick Abbreviates of the Produce of such Revenues and Duties arising in their respective Districts; And that the said Commissioners shall have their Office within the Limits of Scotland, and shall in such Office keep Books, containing Accounts of the Amount of the Equivalents, and how the same shall have been disposed of, from time to time, which may be Inspected by any of the Subjects who shall desire the same.

Article 16. That from and after the Union, the Coyn shall be of the same Standart and Value throughout the United Kingdom, as now in Eng|land,

and a Mint shall be continued in Scotland under the same Rules as the Mint in England; And the present Officers of the Mint continued, sub|ject to such Regulations and Alterations as Her Majesty, Her Heirs or Suc|cessors, or the Parliament of Great-Britain shall think fit.

Article 17. That from and after the Union, the same Weights and Mea|sures shall be used throughout the United Kingdom, as are now Established in England, and Standarts of Weights and Measures shall be kept by those Burghs in Scotland, to whom the keeping the Standarts of Weights and Measures, now in Use there, does of special Right belong; All which Stan|darts shall be sent down to such respective Burghs, from the Standarts kept in the Exchequer at Westminster; subject nevertheless to such Regula|tions as the Parliament of Great-Britain shall think fit.

Article 18. That the Laws concerning Regulation of Trade, Customs, and such Excises, to which Scotland is, by virtue of this Treaty, to be lyable, be the same in Scotland, from and after the Union, as in England, and that all other Laws, in use within the Kingdom of Scotland, do, after the Union, and notwithstanding thereof, remain in the same Force as before (except such as are contrary to, or inconsistent with this Treaty) but alterable by the Parliament of Great-Britain, With this Difference betwixt the Laws concerning publick Right, Policy and Civil Government, and those which concern private Right, That the Laws which concern publick Right, Poli|cy and Civil Government may be made the same throughout the whole United Kingdom, but that no Alteration be made in Laws which concern private Right, except for evident Utility of the Subject within Scotland.

Article 19. That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain in all time coming within Scot|land, as it is now Constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Union, subject nevertheless to such Regulations, for the better Administration of Justice, as shall be made by the Parliament of Great-Britain; And that hereafter, none shall be Nam|ed by Her Majesty, or Her Royal Successors, to be Ordinary Lords of Ses|sion, but such who have served in the College of Justice as Advocates, or Principal Clerks of Session, for the space of Five Years, or as Writers to the Signet, for the space of Ten Years, With this Provision, That no Writ|er to the Signet be capable to be admitted a Lord of the Session, unless he undergo private and publick Tryal on the Civil Law, before the Fa|culty of Advocates, and be found by them Qualified for the said Office, Two Years before he be Named to be a Lord of the Session, yet so as the Qualifications made or to be made, for Capacitating Persons to be Named Ordinary Lords of Session, may be altered by the Parliament of Great-Britain. And that the Court of Justiciary do also, after the Union, and notwithstanding thereof, Remain, in all time coming, within Scotland, as it is now Constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Union, subject nevertheless to such Regulations, as shall be made by the Parliament of Great-Britain, and without prejudice of other Rights of Justiciary: And that all Admiralty Ju|risdictions be under the Lord High Admiral, or Commissioners for the Ad|miralty of Great-Britain for the time being; And that the Court of Admi|ralty, now Established in Scotland, be continued; And that all Reviews, Reductions or Suspensions of the Sentences in Maritime Cases, competent to the Jurisdiction of that Court, remain in the same manner after the Union as now in Scotland, until the Parliament of Great-Britain shall make such Regulations and Alterations, as shall be judged expedient for the whole United Kingdom; so as there be alwise continued in Scotland a Court of Admiralty, such as in England, for Determination of all Maritime Cases re|lating to private Rights in Scotland, competent to the Jurisdiction of the

Admiralty Court, subject nevertheless to such Regulations and Alterations, as shall be thought proper to be made by the Parliament of Great-Britain; And that the Heretable Rights of Admiralty, and Vice-Admiralties in Scotland, be reserved to the respective Proprietors, as Rights of Property; subject nevertheless, as to the manner of Exercising such Heretable Rights, to such Regulations and Alterations, as shall be thought proper to be made by the Parliament of Great-Britain: And that all other Courts, now in Being within the Kingdom of Scotland, do remain, but subject to Altera|tions by the Parliament of Great-Britain: And that all Inferior Courts within the said Limits, do remain Subordinate, as they are now, to the Supream Courts of Justice within the same, in all time coming; And that no Causes in Scotland be Cognoscible by the Courts of Chancery, Queens-Bench, Common Pleas, or any other Court in Westminster-hall; And that the said Courts, or any other of the like Nature, after the Union, shall have no Power to Cognosce, Review or Alter the Acts, or Sentences of the Judicatures within Scotland, or stop the Execution of the same; And that there be a Court of Exchequer in Scotland, after the Union, for deciding Questions concerning the Revenues of Customs and Excises there, having the same Power and Authority in such Cases, as the Court of Ex|chequer has in England; And that the said Court of Exchequer in Scot|land have Power of passing Signatures, Gifts, Tutories, and in other things, as the Court of Exchequer at present in Scotland hath; And that the Court of Exchequer that now is in Scotland do remain, until a new Court of Exchequer be settled by the Parliament of Great-Britain in Scot|land after the Union: And that after the Union, the Queens Majesty, and Her Royal Successors, may continue a Privy Council in Scotland, for preserving of publick Peace and Order, until the Parliament of Great-Bri|tain shall think fit to Alter it, or Establish any other effectual Method for that End.

Article 20. That all Heretable Offices, Superiorities, Heretable Juris|dictions, Offices for Life, and Jurisdictions for Life, be reserved to the Owners thereof, as Rights of Property, in the same manner, as they are now enjoyed by the Laws of Scotland, notwithstanding this Treaty.

Article 21. That the Rights and Privileges of the Royal Burghs in Scotland, as they now are, do remain intire after the Union, and notwith|standing thereof.

Article 22. That by virtue of this Treaty, of the Peers of Scotland, at the time of the Union, Sixteen shall be the Number to Sit and Vote in the House of Lords, and Fourty Five the Number of the Representatives of Scotland, in the House of Commons of the Parliament of Great-Britain; And that, when Her Majesty, Her Heirs or Successors, shall Declare Her or Their Pleasure, for Holding the First, or any subsequent Parliament of Great-Britain, until the Parliament of Great-Britain shall make further Provision therein, a Write do Issue under the Great-Seal of the United Kingdom, directed to the Privy Council of Scotland, Commanding them to cause Sixteen Peers, who are to Sit in the House of Lords, to be Summo|ned to Parliament, and Fourty Five Members, to be Elected, to Sit in the House of Commons of the Parliament of Great-Britain, according to the Agreement in this Treaty, in such manner as by an Act of this present Session of the Parliament of Scotland, is or shall be settled; Which Act is hereby Declared to be as valid, as if it were a part of, and Ingrossed in this Treaty; And that the Names of the Persons so Summoned and Elect|ed, shall be Returned by the Privy Council of Scotland, into the Court from whence the said Write did Issue; And that if Her Majesty, on or before the First Day of May next, on which Day the Union is to take Place, shall Declare under the Great-Seal of England, that it is Expedient, That

the Lords of Parliament of England, and Commons of the present Parlia|ment of England, should be the Members of the respective Houses of the First Parliament of Great-Britain, for and on the part of England, Then the said Lords of Parliament of England, and Commons of the present Parliament of England, shall be the Members of the respective Houses of the First Parliament of Great-Britain, for and on the part of England: And Her Majesty may, by Her Royal Proclamation under the Great-Seal of Great-Britain, Appoint the said First Parliament of Great-Britain, to meet at such Time and Place as Her Majesty shall think fit, Which Time shall not be less than Fifty Days after the Date of such Proclamation; And the Time and Place of the Meeting of such Parliament being so appointed, a Write shall be immediately Issued under the Great-Seal of Great-Britain, directed to the Privy Council of Scotland, for the Summoning the Sixteen Peers, and for Electing Fourty Five Members, by whom Scotland is to be Represented in the Parliament of Great-Britain; And the Lords of Parlia|ment of England, and the Sixteen Peers of Scotland, such Sixteen Peers being Summoned and Returned in the manner agreed in this Treaty; And the Mem|bers of the House of Commons of the said Parliament of England, and the Fourty Five Members for Scotland, such Fourty Five Members being Elect|ed and Returned in the manner agreed in this Treaty, shall Assemble and Meet respectively in their respective Houses of the Parliament of Great-Britain, at such Time and Place as shall be so Appointed by Her Majesty, and shall be the Two Houses of the First Parliament of Great-Britain: And that Parliament may continue for such Time only, as the present Par|liament of England might have continued, if the Union of the Two King|doms had not been made, unless sooner Dissolved by Her Majesty. And that every one of the Lords of Parliament of Great-Britain, and every Mem|ber of the House of Commons of the Parliament of Great-Britain, in the First and all succeeding Parliaments of Great-Britain, until the Parliament of Great-Britain shall otherways Direct, shall take the respective Oaths ap|pointed to be taken, in stead of the Oaths of Allegiance and Supremacy, by an Act of Parliament made in England, in the First Year of the Reign of the late King William and Queen Mary, Intituled, An Act for the Abrogat|ing of the Oaths of Supremacy and Allegiance, and Appointing other Oaths; And Make, Subscribe and audibly Repeat the Declaration mentioned in an Act of Parliament made in England, in the Thirtieth Year of the Reign of King Charles the Second, Intituled, An Act for the more effectual preserv|ing the Kings Person and Government, by disabling Papists from sitting in either House of Parliament; And shall Take and Subscribe the Oath mentioned in an Act of Parliament made in England, in the First Year of Her Maje|sties Reign, Intituled, An Act to Declare the Alterations in the Oath ap|pointed to the taken by the Act, Intituled, An Act for the further Security of His Majesties Person, and the Succession of the Crown in the Protestant Line, and for Extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors, And for Declaring the Association to be determined: At such time, and in such manner, as the Members of both Houses of Parliament of England are, by the said respec|tive Acts, directed to Take, Make and Subscribe the same, upon the Penal|ties and Disabilities in the said respective Acts contained. And it is declared and agreed, That these Words, This Realm, The Crown of this Realm, and the Queen of this Realm, mentioned in the Oaths and Declarati|on contained in the aforesaid Acts, which were intended to signify the Crown and Realm of England, shall be understood of the Crown and Re|alm of Great-Britain; And that, in that Sense, The said Oaths and De|claration be taken and subscribed by the Members of both Houses of the Parliament of Great-Britain.

Article 23. That the aforesaid Sixteen Peers of Scotland, mentioned in the last preceeding Article, to sit in the House of Lords of the Par|liament of Great-Britain, shall have all Privileges of Parliament which the Peers of England now have, and which they, or any Peers of Great-Britain shall have after the Union, and particularly the Right of sit|ting upon the Tryals of Peers: And in case of the Tryal of any Peer in time of Adjournment or Prorogation of Parliament, the said Six|teen Peers shall be Summoned in the same manner, and have the same Powers and Privileges at such Tryal, as any other Peers of Great-Britain. And that in case any Tryals of Peers shall hereafter happen, when there is no Parliament in Being, the Sixteen Peers of Scotland, who sate in the last preceeding Parliament, shall be Summoned in the same manner, and have the same Powers and Privileges at such Tryals, as any other Peers of Great-Britain. And that all Peers of Scotland, and their Successors to their Honours and Dignities, shall, from and after the Union, be Peers of Great-Britain, and have Rank and Precedency next and immediately after the Peers of the like Orders and Degrees in England, at the Time of the Uni|on, and before all Peers of Great-Britain of the like Orders and Degrees, who may be Created after the Union, and shall be Tryed as Peers of Great-Britain, and shall enjoy all Privileges of Peers as fully as the Peers of England do now, or as they, or any other Peers of Great-Britain may hereafter Enjoy the same, except the Right and Privilege of sitting in the House of Lords, and the Privileges depending thereon, and particularly the Right of sitting upon the Tryals of Peers.

Article 24. That from and after the Union, there be one Great-Seal for the United Kingdom of Great-Britain, which shall be diffe|rent from the Great-Seal now used in either Kingdom; And that the Quartering the Arms, and the Rank and Precedency of the Lyon King of Arms of the Kingdom of Scotland, as may best sute the Union, be left to Her Majesty; And that, in the mean time, the Great-Seal of England be used as the Great-Seal of the United Kingdom, and that the Great-Seal of the United Kingdom be used for Sealing Writs to Elect and Summon the Parliament of Great-Britain, and for Sealing all Treaties with Foreign Princes and States, and all publick Acts, Instruments and Orders of State which concern the whole United Kingdom, and in all other Mat|ters relating to England, as the Great-Seal of England is now used; And that a Seal in Scotland, after the Union, be always kept, and made use of in all things relating to private Rights or Grants, which have usually pas|sed the Great-Seal of Scotland, and which only concern Offices, Grants, Commissions and private Rights within that Kingdom; And that, until such Seal shall be appointed by Her Majesty, the present Great-Seal of Scotland shall be used for such purposes; And that the Privy-Seal, Signet, Casset, Signet of the Justiciary Court, Quarter-Seal, and Seals of Courts now used in Scotland, be continued; but that the said Seals be altered, and adapt|ed to the State of the Union, as Her Majesty shall think fit: And the said Seals, and all of them, and the Keepers of them, shall be subject to such Regulations, as the Parliament of Great-Britain shall hereafter make: And that the Crown, Scepter and Sword of State, the Records of Parliament, and all other Records, Rolls and Registers whatsoever, both Publick and Private, General and Particular, and Warrants thereof, continue to be keeped as they are within that part of the United Kingdom, now called Scotland, and that they shall so remain, in all times coming, notwithstand|ing the Union.

Article 25. That all Laws and Statutes in either Kingdom, so far as they are contrary to, or inconsistent with the Terms of these Articles, or any of them, shall, from and after the Union, cease and become void,

and shall be so declared to be by the respective Parliaments of the said Kingdoms. As by the said Articles of Union Ratified and Approved by the said Act of Parliament of Scotland, relation thereunto being had, may appear; And the Tenor of the aforesaid Act for Securing the Protestant Religion and Presbyterian Church Government within the Kingdom of Scot|land, is as follows,

OUR SOVEREIGN LADY and the Estates of Parliament Considering, That by the late Act of Parliament for a Treaty with England, for an Union of both Kingdoms, It is provided, That the Commissioners for that Treaty, should not Treat of or concerning any Alteration of the Worship, Discipline and Government of the Church of this Kingdom, as now by Law Established: Which Treaty being now Reported to the Parliament, And it being Reasonable and Necessary, that the true Protestant Religion, as presently professed within this Kingdom, with the Worship, Discipline and Government of this Church, should be effectually and unalterably secured; Therefore Her Majesty, with Advice and Consent of the said Estates of Par|liament, Doth hereby Establish and Confirm the said True Protestant Re|ligion, and the Worship, Discipline and Government of this Church, to continue without any Alteration to the People of this Land in all succeed|ing Generations; And more especially, Her Majesty, with Advice and Con|sent aforesaid, Ratifies, Approves, and for ever Confirms the Fifth Act of the First Parliament of King William and Queen Mary, Intituled, Act Ra|tifying the Confession of Faith, and Settling Presbyterian Church Government, with all other Acts of Parliament relating thereto, in prosecution of the Declaration of the Estates of this Kingdom, containing the Claim of Right, bearing Date the Eleventh of April One Thousand Six Hundred and Eighty Nine; And Her Majesty, with Advice and Consent aforesaid, ex|presly provides and declares, That the foresaid True Protestant Religion contained in the above-mentioned Confession of Faith, with the Form and Purity of Worship presently in Use within this Church, and its Presbyteri|an Church Government and Discipline, That is to say, The Government of the Church by Kirk Sessions, Presbyteries, Provincial Synods and Gene|ral Assemblies, all Established by the foresaid Acts of Parliament, pursuant to the Claim of Right, shall remain and continue Unalterable; And that the said Presbyterian Government shall be the only Government of the Church within the Kingdom of Scotland. And further, for the greater Se|curity of the foresaid Protestant Religion, and of the Worship, Discipline and Government of this Church as above Established, Her Majesty, with Advice and Consent foresaid, Statutes and Ordains, That the Universities and Colleges of St. Andrews, Glasgow, Aberdeen and Edinburgh, as now Esta|blished by Law, shall continue within this Kingdom for ever. And that, in all time coming, no Professors, Principals, Regents, Masters, or others bearing Office in any University, College or School within this Kingdom be capable, or be admitted or allowed to continue in the Exercise of their said Functions, but such as shall owne and acknowledge the Civil Government in manner prescribed, or to be prescribed by the Acts of Parliament. As also, That, before, or at their Admissions, they do and shall acknowledge and profess, and shall subscribe to the foresaid Confession of Faith, as the Confession of their Faith; And that they will practise & conform themselves to the Worship presently in Use in this Church, and submit themselves to the Government and Discipline thereof, and never endeavour, directly or in|directly, the Prejudice or Subversion of the same; And that before the res|pective Presbyteries of their Bounds, By whatsoever Gift, Presentation or Provision they may be thereto provided. And further, Her Majesty, with Advice aforesaid, expresly Declares and Statutes, That none of the Subjects of this Kingdom shall be lyable to, but all and every one of them for ever

free of any Oath, Test or Subscription within this Kingdom, contrary to, or inconsistent with the foresaid true Protestant Religion and Presbyterian Church Government, Worship and Discipline as above Established: And that the same, within the Bounds of this Church and Kingdom, shall never be imposed upon, or required of them in any sort. And lastly, That, after the Decease of Her present Majesty, (whom GOD long preserve) the So|vereign succeeding to Her in the Royal Government of the Kingdom of Great-Britain, shall in all time coming, at His or Her Accession to the Crown, swear and subscribe, that they shall inviolably maintain and pre|serve the foresaid Settlement of the true Protestant Religion, with the Go|vernment, Worship, Discipline, Right, and Privileges of this Church, as a|bove Established by the Laws of this Kingdom, in prosecution of the Claim of Right. And it is hereby Statute and Ordained, That this Act of Parlia|ment, with the Establishment therein-contained, shall be held and observ|ed, in all times coming, as a Fundamental and Essential Condition of any Treaty or Union to be concluded betwixt the two Kingdoms, without any Alteration thereof, or Derogation thereto, in any sort for ever. As also, That this Act of Parliament, and Settlement therein-contained, shall be insert and repeated in any Act of Parliament that shall pass, for agreeing and concluding the foresaid Treaty or Union betwixt the two Kingdoms; And that the same shall be therein expresly declared, to be a Fundamen|tal and Essential Condition of the said. Treaty or Union, in all time com|ing. WHICH ARTICLES OF UNION, and Act immediately above|written, Her Majesty, with Advice and Consent foresaid, Statutes, Enacts and Ordains to be, and continue, in all time coming, the sure and per|petual Foundation of a compleat and intire UNION of the two Kingdoms of Scotland and England, Under the express Condition and Provision, That this Approbation and Ratification of the foresaid Articles and Act shall be no ways binding on this Kingdom, until the said Articles and Act be Ra|tified, Approved and Confirmed by Her Majesty, with and by the Autho|rity of the Parliament of England, as they are now agreed to, approved and confirmed by Her Majesty, with and by the Authority of the Parlia|ment of Scotland. Declaring nevertheless, That the Parliament of England may provide for the Security of the Church of England as they think expe|dient, to take place within the Bounds of the said Kingdom of England, and not derogating from the Security above provided, for the Establishing of the Church of Scotland within the Bounds of this Kingdom. As also, the said Parliament of England may extend the Additions, and other Provisions contained in the Articles of Union, as above insert in favours of the Sub|jects of Scotland, To, and in favours of the Subjects of England, which shall not suspend or derogate from the Force and Effect of this present Ra|tification, but shall be understood as herein included, without the necessi|ty of any new Ratification in the Parliament of Scotland. And lastly, Her Majesty Enacts and Declares, That all Laws and Statutes in this Kingdom, so far as they are contrary to, or inconsistent with the Terms of these Ar|ticles as above-mentioned, shall, from and after the Union, cease and be|come void.

AND WHEREAS an Act hath passed in this present Session of Parlia|ment, Intituled, An Act for securing the Church of England as by Law Esta|blished, the Tenor whereof follows, Whereas by an Act made in the Session of Parliament held in the Third and Fourth Year of Her Majesties Reign, whereby Her Majesty was Impowered to appoint Commissioners under the Great Seal of England, to treat with Commissioners to be Authorized by the Parliament of Scotland, concerning an Union of the Kingdoms of England and Scotland, It is provided and Enacted, That the Commissio|ners to be Named in pursuance of the said Act, should not Treat of or

concerning any Alteration of the Liturgy, Rites, Ceremonies, Disci|pline or Government of the Church, as by Law Established, within this Realm; And whereas certain Commissioners appointed by Her Majesty in pursuance of the said Act, and also other Commissioners, nominated by Her Majesty, by the Authority of the Parliament of Scotland, have met and agreed upon a Treaty of Union of the said Kingdoms, which Treaty is now under the Consideration of this present Parliament; And whereas the said Treaty, with some Alterations therein made, is Ratified and Ap|proved by Act of Parliament in Scotland, and the said Act of Ratification is by Her Majesties Royal Command, laid before the Parliament of this Kingdom; And whereas it is Reasonable and Necessary that the True Pro|testant Religion professed and established by Law in the Church of Eng|land, and the Doctrine, Worship, Discipline and Government thereof, should be effectually and unalterably secured, Be it Enacted by the Queens most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by Authority of the same, That an Act made in the Thir|teenth Year of the Reign of Queen Elizabeth of Famous Memory, Intitu|led, An Act for the Ministers of the Church to be of sound Religion; and also an other Act made in the Thirteenth Year of the Reign of the late King CHARLES the second, Intituled, An Act for the Uniformity of publick Prayers and Administration of Sacraments, and other Rites and Ceremonies, and for Establishing the Form of Making, Ordaining and Consecrating Bishops, Priests and Deacons in the Church of England, (other than such Clauses in the said Acts or either of them as have been repealed or altered by any subsequent Act or Acts of Parliament,) and all and singular other Acts of Parliament now in Force, for the Establishment and Preservation of the Church of England, and the Doctrine, Worship, Discipline and Govern|ment thereof, shall remain and be in full Force for ever; And be it fur|ther Enacted by the Authority aforesaid, That after the Demise of Her Ma|jesty, (whom GOD long preserve) the SOVEREIGN next succeeding to Her Majesty in the Royal Government of the Kingdom of Great-Britain, and so for ever hereafter, every King or Queen succeeding and coming to the Royal Government of the Kingdom of Great-Britain, at His or Her Coronation, shall in the presence of all persons who shall be attending, assisting or other|ways then and there present, Take and Subscribe an Oath to maintain and preserve inviolably the said Settlement of the Church of England, and the Doctrine, Worship, Discipline and Government thereof, as by Law Esta|blished within the Kingdoms of England and Ireland, the Dominion of Wales, and Town of Berwick upon Tweed, and the Territories thereunto belonging. And be it further Enacted by the Authority aforesaid, That this Act and all and every the Matters and Things therein contained, be, and shall for ever be holden and adjudged to be a Fundamental and Essen|tial part of any Treaty of Union to be concluded between the said Two Kingdoms; And also that this Act shall be inserted in express Terms in any Act of Parliament which shall be made for Settling and Ratifying any such Treaty of Union, and shall be therein Declared to be an Essential and Fundamental part thereof. May it therefore please your most Excellent Majesty, That it may be Enacted, And be it Enacted by the Queens most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Par|liament Assembled, and by Authority of the same, That all and every the said Articles of Union as Ratifyed and Approved by the said Act of Par|liament of Scotland as aforesaid, and herein before particularly mentioned and inserted, and also the said Act of Parliament of Scotland, for Esta|blishing the Protestant Religion, and Presbyterian Church Government

within that Kingdom, Intituled, Act for securing the Protestant Religion and Presbyterian Church Government, and every Clause, Matter and Thing in the said Articles, and Act contained, shall be, and the said Articles and Act are hereby for ever Ratifyed, Approved and Confirmed. And it is hereby further Enacted by the Authority aforesaid, That the said Act pas|sed in this present Session of Parliament, Intituled, An Act for securing the Church of England as by Law Established, and all and every the Matters and Things therein contained, and also the said Act of Parliament of Scotland, Intituled, Act for securing the Protestant Religion and Presbyte|rian Church Government, with the Establishment in the said Act contained, be, and shall for ever be held and adjudged to be and observed as Funda|mental and Essential Conditions of the said Union, and shall in all times coming be taken to be, and are hereby Declared to be Essential and Fun|damental parts of the said Articles and Union; And the said Articles of Union so as aforesaid Ratifyed, Approved and Confirmed by Act of Par|liament of Scotland, and by this present Act, and the said Act passed in this present Session of Parliament, Intituled, An Act for securing the Church of England as by Law Established; and also the said Act passed in the Par|liament of Scotland, Intituled, Act for securing the Protestant Religion and Presbyterian Church Government, are hereby Enacted and Ordained to be and continue, in all times coming, the compleat and intire Union of the two Kingdoms of England and Scotland.

And Whereas since the passing the said Act in the Parliament of Scotland for Ratifying the said Articles of Union, one other Act, Intituled, Act settling the manner of Electing the Sixteen Peers and Fourty Five Members to Represent Scotland in the Parliament of Great Britain, hath likewise passed in the said Parliament of Scotland, at Edinburgh the Fifth Day of February One Thousand Seven Hundred and Seven, the Tenor whereof follows, OUR SOVEREIGN LADY Considering, That by the Twenty Second Article of the Treaty of Union, as the same is Ratifyed by an Act passed in this Session of Parliament, upon the sixteenth of January last, It is provided, that by virtue of the said Treaty, Of the Peers of Scotland, at the time of the Union, Sixteen shall be the Number to Sit and Vote in the House of Lords, and Fourty Five the Number of the Representatives of Scotland in the House of Commons of the Parliament of Great-Britain; And that the said Sixteen Peers, and Fourty Five Members in the House of Commons, be Named and Chosen in such manner, as by a subsequent Act in this pre|sent Session of Parliament in Scotland should be settled; Which Act is thereby declared to be as valid, as if it were a part of, and ingrossed in the said Treaty; Therefore, Her Majesty, with Advice and Consent of the Estates of Parliament, Statutes, Enacts and Ordains, That the said Six|teen Peers who shall have Right to Sit in the House of Peers in the Parliament of Great Britain on the part of Scotland, by virtue of this Trea|ty, shall be Named by the said Peers of Scotland whom they Represent, their Heirs or Successors to their Dignities and Honours, out of their own Number, And that by open Election and Plurality of Voices of the Peers present, and of the Proxies for such as shall be absent, the said Proxies be|ing Peers, and producing a Mandate in Writing duly Signed before Wit|nesses, and both the Constituent and Proxy being Qualified according to Law; Declaring also, that such Peers as are absent, being Qualified as aforesaid, may send to all such Meetings, Lists of the Peers whom they Judge fittest, validly Signed by the said absent Peers, which shall be rec|koned in the same manner, as if the Parties had been present, and given in the said List: And in case of the Death, or legal Incapacity of any of the said Sixteen Peers, that the aforesaid Sixteen Peers of Scotland shall Nominate another of their own Number in place of the said Peer or Peers in manner before and after mentioned. And that of the said Fourty Five

Representatives of Scotland in the House of Commons in the Parliament of Great-Britain, Thirty shall be Chosen by the Shires or Stewartries, and Fifteen by the Royal Burrows, as follows, Videlicet, One for every Shire and Stewartry, excepting the Shires of Bute and Caithness, which shall Choose one by Turns, Bute having the first Election; The Shires of Nairn and Cromarty which shall also Choose by Turns, Nairn having the first E|lection; And in like manner, the Shires of Clackmannan and Kinross shall Choose by Turns, Clackmannan having the first Election: And in case of the Death or legal Incapacity of any of the said Members from the respective Shires or Stewartries above-mentioned, to sit in the House of Commons, It is Enacted and Ordained, That the Shire or Stewartry who Elect|ed the said Member, shall Elect another Member in his place. And that the said Fifteen Representatives for the Royal Burrows be Chosen as follows, Videlicet, That the Town of Edinburgh shall have Right to Elect and send one Member to the Parliament of Great-Britain; And that each of the other Burghs shall Elect a Commissioner in the same manner, as they are now in use to Elect Commissioners to the Parliament of Scotland; Which Commissioners and Burghs (Edinburgh excepted) being divided in Four|teen Classes or Districts, shall meet at such time and Burghs within their respective Districts, as Her Majesty, Her Heirs or Successors shall appoint, and Elect one for each District, Videlicet, The Burgns of Kirkwal, Week, Dornock, Dingwall and Tayne, One; The Burghs of Fortrose, Inverness, Nairn and Forress, One; The Burghs of Elgine, Cullen, Banff, Inverury and Kintore, One; The Burghs of Aberdeen, Inverbervie, Montrose, Aber|brothock and Brichen, One; The Burghs of Forfar, Perth, Dundee, Cowper and St. Andrews, One; The Burghs of Crail, Kilrennie, Anstruther Easter, Anstruther Wester, and Pittenweem, One; The Burghs of Dysart, Kirkcal|die, Kingborn and Bruntisland, One; The Burghs of Innerkeithing, Dum|fermline, Queensferry, Culross and Stirling, One; The Burghs of Glasgow, Renfrew, Ruglen and Dumbarton, One; The Burghs of Haddingtoun, Dun|bar, Northberwick, Lawder and Jedburgh, One; The Burghs of Selkirk, Peebles, Linlithgow and Lanerk, One; The Burghs of Dumfreis, Sanquhar, Annan, Lochmaben and Kirkcudbright, One; The Burghs of Wigtoun, Newgalloway, Stranrawer and Whitehern, One; And the Burghs of Air, Irvine, Rothesay, Campbeltoun and Inverary, One. And it is hereby Declar|ed and Ordained, That where the Votes of the Commissioners for the said Burghs, Met to Choose Representatives from their several Districts to the Parliament of Great-Britain shall be equal, in that case, the President of the Meeting shall have a Casting or Decisive Vote, and that by and accord|ing to his Vote as a Commissioner from the Burgh from which he is sent, the Commissioner from the eldest Burgh presiding in the first Meeting, and the Commissioners from the other Burghs in their respective Districts pre|siding afterwards by Turns, in the Order, as the said Burghs are now cal|led in the Rolls of the Parliament of Scotland. And that in case any of the said Fifteen Commissioners from Burghs shall decease, or become legally Incapable to sit in the House of Commons, Then the Town of Edinburgh, or the District which Chose the said Member, shall Elect a Member in his or their place: It is always hereby expresly Provided and Declared, That none shall be capable to Elect or be Elected for any of the said Estates, but such as are Twenty One Years of Age compleat, and Protestant, Excluding all Papists, or such who being suspect of Popery, and required, refuse to swear and subscribe the Formula, contained in the Third Act, made in the Eighth and Ninth Sessions of King Williams Parliament, Intituled, Act for pre|venting the Growth of Popery, And also declaring, that none shall be ca|pable to Elect or be Elected to Represent a Shire or Burgh in the Parlia|ment of Great-Britain for this part of the United Kingdom, except such

as are now capable by the Laws of this Kingdom to Elect or be Elected as Commissioners for Shires or Burghs to the Parliament of Scotland. And further, Her Majesty, with Advice and Consent aforesaid, for the effectu|al and orderly Election of the Persons to be Chosen to Sit, Vote and Serve in the respective Houses of the Parliament of Great-Britain, when Her Majesty, Her Heirs or Successors shall declare Her or Their Pleasure for holding the first, or any subsequent Parliament of Great-Britain, and when for that effect a Write shall be Issued out under the Great Seal of the Unit|ed Kingdom, directed to the Privy Council of Scotland, conform to the said Twenty Second Article, Statutes, Enacts and Ordains, That until the Parliament of Great-Britain shall make further Provision therein, the said Write shall contain a Warrand and Command to the said Privy Council to Issue out a Proclamation in Her Majesties Name, requiring the Peers of Scotland for the time, to Meet and Assemble at such time and place with|in Scotland, as Her Majesty and Royal Successors shall think fit, To make Election of the said Sixteen Peers; And requiring the Lord Clerk Regi|ster, or two of the Clerks of Session to attend all such Meetings, and to Administer the Oaths that are or shall be by Law required, and to ask the Votes; And having made up the Lists in presence of the Meeting, to re|turn the Names of the Sixteen Peers chosen, (certified under the Sub|scription of the said Lord Clerk Register, Clerk or Clerks of Session at|tending) to the Clerk of the Privy Council of Scotland. And in like man|ner, Requiring and Ordaining the several Free-holders in the respective Shires and Stewartries to Meet and Conveen at the Head-Burghs of their several Shires and Stewartries, to Elect their Commissioners, conform to the Order above set down; And Ordaining the Clerks of the said Meet|ings, immediately after the said Elections are over, respectively to return the Names of the Persons Elected, to the Clerks of the Privy Council. And lastly, Ordaining the City of Edinburgh to Elect their Commissioner, and the other Royal Burghs to Elect each of them a Commissioner, as they have been in use to Elect Commissioners to the Parliament, and to send the said respective Commissioners, at such times, to such Burghs within their respective Districts, as Her Majesty and Successors, by such Proclama|tions, shall appoint; Requiring and Ordaining the common Clerk of the respective Burghs, where such Elections shall be appointed to be made, to attend the said Meetings, and immediately after the Election, to Return the Name of the Persons so Elected, (certifyed under his Hand) to the Clerk of Privy Council; To the end that the Names of the Sixteen Peers, Thirty Commissioners for Shires, and Fifteen Commissioners for Burghs, being so returned to the Privy Council, may be returned to the Court from whence the Write did issue, under the Great-Seal of the United Kingdom, conform to the said Twenty Second Article: And whereas by the said Twenty Second Article, It is agreed, That if Her Majesty shall, on or before the First Day of May next, declare that it is expedient, the Lords and Commons of the present Parliament of England, should be the Mem|bers of the respective Houses of the First Parliament of Great-Britain, for and on the part of England, they shall accordingly be the Members of the said respective Houses, for and on the part of England; Her Majesty, with Advice and Consent aforesaid, in that case only, Doth hereby Statute and Ordain, That the Sixteen Peers and Fourty Five Commissioners for Shires and Burghs, who shall be chosen by the Peers, Barons and Burghs respec|tively in this present Session of Parliament, and out of the Members there|of, in the same manner as Committees of Parliament are usually now chosen, shall be the Members of the respective Houses of the said First Parliament of Great-Britain, for and on the part of Scotland; Which No|mination and Election being certifyed by a Write under the Lord Clerk

Registers Hand, The Persons so Nominated and Elected shall have Right to Sit and Vote in the House of Lords, and in the House of Commons of the said First Parliament of Great Britain, As by the said Act passed in Scotland for settling the manner of Electing the Sixteen Peers and Fourty Five Members to Represent Scotland in the Parliament of Great Britain may appear; Be it therefore further Enacted and Declared by the Autho|rity aforesaid, That the said last mentioned Act passed in Scotland for set|tling the manner of Electing the Sixteen Peers and Fourty Five Members to Represent Scotland in the Parliament of GREAT BRITAIN, as aforesaid, shall be, and the same is hereby Declared to be as valid as if the same had been part of, and Ingrossed in the said Articles of UNION, Ratified and Approved by the said Act of Parliament of Scotland, and by this Act as aforesaid. Ego Matheus Johnson Armiger Clericus Parliamentor: vir|tute Brevis dict: Domine Regine de Certiorand: mihi direct: & his an|nex. Certifico superius hoc Scriptum verum esse tenorum Actus Parlia|menti supradict. in eo Brevi expressi In cujus rei Testimonium huic sche|dule Sigillum Meum apposui Nomenque meum subscripsi dat: septimo die Martii anno regni dicte Domine Regine quinto annoque Domini millesimo septingentesimo sexto Math. Johnson. NOS autem seperales Tenores Brevis Retorn: & Actus predict: duximus Exemplificand: per presentes In cujus rei Testimonium has literas nostras fieri fecimus Patentes Teste meipsa apud Westmonaster: septimo die Martii anno regni nostri quinto.